Article R2191-5 of the French Public procurement code
November 8, 2023
The contractor may refuse payment of the advance.
The contractor may refuse payment of the advance.
Where part of the contract is subcontracted, the initial amount of the contract is reduced by the amount of the services entrusted to the subcontractor and giving rise to direct payment.
Where the term of the contract is less than or equal to twelve months, the amount of the advance payment is set at between 5% and 30% of the initial amount of the contract inclusive of all taxes. Where the term of the contract is greater than twelve months, the amount of the advance payment is set at between 5% and 30% of a sum equal to twelve times the…
The purchaser may increase the amount of the advance payment above 30% of the amount calculated in accordance with the provisions of article R. 2191-7. In this case, it may make payment conditional upon the provision of a first demand guarantee. This guarantee may cover all or part of the advance payment. The two parties may agree to substitute this guarantee with a personal and joint guarantee. The provision of…
The amount of the advance payment may not be affected by the implementation of a price variation clause.
The terms of the contract specify the conditions for payment of the advance and its rate.
Repayment of the advance is deducted from the sums due to the contractor, at a rate and in accordance with the procedures laid down in the terms of the contract, by deduction from the sums due by way of instalments, final partial payment or balance. If the contract is silent, the advance is repaid in instalments, taking into account the amount of the advance granted and the sums still due…
When the amount of the advance payment is less than 80% of the amount of the contract inclusive of all taxes, its reimbursement must be completed when the amount of the services performed by the contractor reaches 80% of the amount of the contract inclusive of all taxes. In other cases, if the contract is silent, the advance is reimbursed in full when the amount of the services performed, including…
In the case of a contract with an optional tranche, an advance shall be paid to the contractor for each tranche completed in accordance with the conditions set out in sub-section 1.
For each tranche awarded, where the amount of the advance payment is less than 80% of the amount of the tranche inclusive of all taxes, its reimbursement must be completed when the amount of the services performed by the contractor reaches 80% of the amount of the tranche awarded inclusive of all taxes. In other cases, if the contract is silent, the advance is reimbursed in full when the amount…
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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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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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