The partnership contract may stipulate the conditions under which, each year, the sums owed by the purchaser to the contractor and those owed by the contractor by way of penalties or sanctions are offset.
The partnership contract sets out the terms and conditions for adjusting the contractor’s remuneration in the event of a change in the financing conditions not provided for in the financing plan initially adopted in the contract.
The minimum proportion that the contractor undertakes to entrust, directly or indirectly, to the small and medium-sized enterprises or craftsmen mentioned in article R. 2151-13 is set at 10% of the estimated value of the partnership contract, excluding financing costs, except where the economic structure of the sector concerned does not allow this. The rate mentioned in the first paragraph may be modified by decree.
For State projects, the ministers responsible for the budget and the economy authorise the launch of the partnership contract award procedure. Their agreement is deemed to have been given in the absence of an express response within a period of one month from the date of receipt of the assessment of how the project will be carried out and the budgetary sustainability study, as well as the opinions mentioned in…
In the case of projects undertaken by public establishments of the State, the preliminary assessment and study and the opinions mentioned in articles R. 2212-7 and R. 2212-10 are presented to the decision-making body, which decides on the principle of using a partnership contract.
For the projects of unauthorised purchasers, authorisation prior to the launch of the procurement procedure is given by the ministers responsible for the budget and the economy.
Where the purchaser anticipates that the financing arrangements for the project may be adjustable, this must be stated in the consultation documents.
When the purchaser decides to implement the provisions of article L. 2213-6, the invitation to tender or, failing this, the consultation documents must state that the State, local authorities or other public bodies will contribute to the financing of the investment in the form of a minority shareholding in the capital of the contractor and must specify the main characteristics of the project company to be set up.
When the purchaser decides to implement the provisions of article L. 2213-6, the bids shall be accompanied by the draft statutes of this company.
A partnership contract may only be signed by the State with the agreement of the ministers responsible for the budget and the economy.Their agreement is deemed to have been reached in the absence of an express response within one month of receipt of the draft partnership contract.
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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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