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Article R2212-9 of the French Public procurement code

The budgetary sustainability study takes into account all the financial aspects of the partnership contract project.This includes in particular:1° The estimated overall cost of the contract on an annual average basis;2° An indication of the proportion that this cost represents of the purchaser’s annual self-financing capacity and its effect on its financial situation;3° The impact of the contract on the purchaser’s compulsory expenditure, its consequences on its indebtedness and its…

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Article R2212-10 of the French Public procurement code

The Minister for the Budget, to whom the assessment of how the project will be carried out is communicated, issues a reasoned opinion on the budgetary sustainability study.He gives his opinion within six weeks of the referral.Failing this, his opinion is deemed to be favourable.

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Article R2212-12 of the French Public procurement code

For the purposes of this Book, the supervising minister is:1° The minister or ministers exercising supervision pursuant to the legislative or regulatory texts in force;2° For public interest groupings, the minister or ministers having approved the constituent agreement;3° For associations and foundations, the minister or ministers represented on their decision-making bodies;4° For public health establishments and health cooperation structures with public legal personality, the minister responsible for health.For independent administrative…

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Article R2212-13 of the French Public procurement code

In order to examine the project, the responsible minister(s) may call upon the services of another minister, a public interest grouping or a public establishment, in compliance with the legislative and regulatory provisions determining their powers or responsibilities.Purchasers may be consulted for the purposes of this examination.

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Article R2213-1 of the French Public procurement code

For the calculation of the contractor’s remuneration, the partnership contract specifies the conditions under which the following are taken into account and identified:1° Investment costs, in particular study and design costs, construction costs, ancillary construction costs and interim financial costs;2° Operating costs, in particular the costs of upkeep, maintenance and renewal of works and equipment;3° Financing costs;4° Where applicable, income from ancillary activities or from the development of the estate.

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Article R2213-5 of the French Public procurement code

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.

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