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Book IV: PROVISIONS APPLICABLE TO PUBLIC PROCUREMENT CONTRACTS RELATING TO PUBLIC WORKS AND WORK MANAGEMENT

Article R2412-1 of the French Public procurement code

The categories of building or infrastructure works mentioned in 1° of Article L. 2412-2 which are not subject to the provisions of this book are as follows:1° Works designed for the performance of an industrial activity included in the classes of Section B relating to the extractive industries and Section C relating to manufacturing industry of Decree no. 2007-1888 of 26 December 2007 approving the nomenclatures of French activities and…

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Article R2431-1 of the French Public procurement code

The project management assignment may include the following elements:1° Preliminary studies;2° Diagnostic studies;3° Sketch studies;4° Pre-project studies;5° Project studies;6° Assistance to the project owner in awarding works contracts;7° Execution studies or examination of their conformity with the project and approval of those carried out by the economic operators responsible for the works;8° supervising the performance of works contracts;9° scheduling, managing and coordinating the worksite;10° assisting the project owner during acceptance…

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Article R2431-2 of the French Public procurement code

The project management tasks are specified in section 2 for building works and in section 3 for infrastructure works. Specific tasks are set out in section 4 when the construction methods or techniques or the industrial products to be used require the involvement of an economic operator in charge of the works or a supplier of industrial products from the time the preliminary design studies are drawn up. The elements…

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Article R2431-3 of the French Public procurement code

The project owner determines whether the work falls into one of the following categories:1° New construction of a building;2° Refurbishment of a building;3° New construction of infrastructure;4° Refurbishment of infrastructure.The project owner may, where appropriate, divide the work into parts falling into one or other of these categories.

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Article R2431-4 of the French Public procurement code

For new building construction projects, the basic mission includes :1° Sketch studies;2° Pre-project studies;3° Project studies;4° Assisting the project owner in awarding public works contracts;5° Managing the performance of public works contracts;6° Assisting the project owner during acceptance operations and during the period of the guarantee of perfect completion;7° Examining the conformity of execution studies with the project and approving them when they have been carried out by an economic…

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Article R2431-6 of the French Public procurement code

When the project owner decides to consult the economic operators responsible for the works or the suppliers of industrial products as soon as the preliminary drafts have been drawn up, the basic assignment takes account of the specific elements of the assignment described in section 4 of this chapter for each of the public contracts concerned.

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Article R2431-7 of the French Public procurement code

When, in the event of the failure of a main contractor holding a basic contract, the project owner entrusts a partial contract to another main contractor in order to continue the operation, all the elements of the contract, those carried out by the holder of the first public contract and those entrusted to the new main contractor, must comply with the content of the basic contract.

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Article R2431-8 of the French Public procurement code

The purpose of the sketch studies is:1° To propose one or more overall solutions, reflecting the major elements of the programme, to indicate the timescales for completion, and to examine their compatibility with the part of the provisional financial envelope selected by the project owner and allocated to the works;2° To check the feasibility of the operation with regard to the various constraints of the programme and the site.

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Article R2431-9 of the French Public procurement code

The preliminary design studies include the summary preliminary design studies defined in article R. 2431-10 and the final preliminary design studies defined in article R. 2431-11.The preliminary design studies also include the preparation of the files and consultations falling within the remit of the project manager and required to obtain the building permit and other administrative authorisations, as well as assistance to the project owner during their examination. For new…

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