Subject to the provisions of Book V of this Part, the partnership contracts defined in Article L. 1112-1 are governed by the provisions of Book I with the exception of : 1° The provisions of sub-section 3 of section 1 of chapter I of title VII relating to the provisions common to global contracts involving design services for a building structure; 2° The provisions of sections 2 and 3 of…
Purchasers may only use a partnership contract if its value exceeds a threshold set at : 1° €2 million excluding tax when the main purpose of the partnership contract is for intangible assets, information systems or equipment other than works, and when the contract includes quantified energy performance targets and provides that the contractor’s remuneration is to take account of the achievement of these targets; 2° €5 million excluding tax…
The value of the partnership contract taken into account for the purposes of applying the threshold mentioned in article R. 2211-1 is the value estimated at the time the invitation to tender is sent to the publication. This value includes: 1° The contractor’s remuneration paid by the purchaser; 2° Where applicable, income from ancillary activities or from the development of the estate; 3° Where applicable, any public funding.
In order to draw up the balance sheet provided for in article L. 2211-6, the purchaser shall take into account its capacity to carry out the project, the characteristics, cost and complexity of the project, the objectives pursued and, where applicable, the requirements of the public service or the mission of general interest for which it is responsible.
In order to demonstrate that the assessment referred to in article R. 2211-3 is more favourable than that of other possible methods of carrying out the project, the purchaser shall carry out an overall assessment of the advantages and disadvantages of using a partnership contract, taking into account in particular: 1° The extent to which control of the project is transferred to the contractor; 2° The scope of the tasks…
The project appraisal includes an assessment of how the project will be carried out and a study of its budgetary sustainability.
The assessment of how the project will be carried out and the study of budgetary sustainability are updated at any time during the award procedure in the event of new circumstances that are likely to substantially alter its general structure.
When the partnership contract is awarded in the form of a framework agreement, the assessment of how the project will be carried out and the budgetary sustainability study are carried out before the framework agreement award procedure is launched.
The assessment of the project implementation method referred to in article L. 2212-1 includes: 1° A general presentation; 2° A comparative analysis, at current values, of the various contractual and institutional public procurement options that may be considered for implementing the project; 3° A presentation of the main risks of the project, including the financial risks and the distribution of risks between the purchaser and the contractor and, where applicable,…
The general presentation referred to in article R. 2212-4 includes in particular: 1° The purpose of the project, its background, context, challenges and the characteristics of its economic equilibrium; 2° The purchaser’s skills, status and financial capacity.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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