Before deciding to use a partnership contract, the purchaser must carry out an evaluation comparing the various possible methods of carrying out the project. This assessment includes a full-cost analysis and any information that may help the purchaser to choose the method for carrying out the project.
The assessment of how the project is to be carried out is submitted for the opinion of an expert body set up by regulation.
Before deciding to use a partnership contract, the purchaser must carry out a budgetary sustainability study that assesses the impact of the contract on public finances and the availability of funds.
The budget sustainability study is submitted to the relevant government department for its opinion.
The partnership contract includes the compulsory main tasks mentioned in the first paragraph of L. 1112-1 and, where applicable, all or some of the additional tasks mentioned in 1° to 3° of the same article. It also sets out the conditions under which the risks are shared between the purchaser and the contractor.
The duration of the partnership contract is determined according to the amortisation period of the investments or the financing arrangements chosen.
Where the purchaser entrusts all or part of the design of the works to the contractor, the contract performance conditions must include the obligation to identify a project management team responsible for designing the works and monitoring their implementation. When the purchaser entrusts the contractor with only part of the design of the works, he may himself, by way of derogation from the obligation set out in article L. 2431-3,…
A public entity may contribute to the financing of investments.
Partnership contracts may give rise to subsidies and other financial contributions. The terms and payment schedule for these grants and other financial contributions may be adapted to the duration of the contract.
The contribution made by the State, local authorities or other public bodies to the financing of investments may take the form of a minority shareholding in the capital of the licensee when the latter is set up as a company dedicated to carrying out the project. In this case, the articles of association of this project company specify the distribution of risks between the shareholders and the measures taken to…
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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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