Article L3111-2 of the French Public procurement code
November 8, 2023
The works or services covered by the concession contract are defined by reference to technical and functional specifications.
The works or services covered by the concession contract are defined by reference to technical and functional specifications.
Groupings may be formed between granting authorities or between one or more granting authorities and one or more legal persons governed by private law who are not granting authorities in order to jointly award one or more concession contracts.
The agreement setting up the consortium, signed by its members, defines the operating rules of the consortium. It may entrust one or more of its members with the task of carrying out all or part of the procedure for awarding or performing the concession contract in the name and on behalf of the other members.The concession-granting authorities that are members of the consortium are jointly and severally liable only for…
A grouping of concession-granting authorities may be formed with concession-granting authorities from other Member States of the European Union, provided that this choice has not been made for the purpose of evading the application of national provisions affecting public policy. Notwithstanding the provisions of article L. 3112-2, and subject to the stipulations of international agreements or administrative arrangements between the Member States to which they belong, the members of the…
Concession contracts entered into by a consortium in which local authorities or local public bodies hold a majority stake are subject to the rules set out in this Part and in the preliminary chapter of Title I of Book IV of Part I of the General Local Authorities Code and, where applicable, in Chapter I of Title I of Book IV of Part I of the said Code.
Concession contracts may be reserved for adapted companies mentioned in article L. 5213-13 of the French Labour Code, for establishments and services providing assistance through work mentioned in article L. 344-2 of the Code de l’action sociale et des familles and equivalent structures, where they employ a minimum proportion, set by regulation, of disabled workers who, due to the nature or severity of their impairments, are unable to work under…
Concession contracts may be reserved for economic integration structures mentioned in article L. 5132-4 of the Labour Code and equivalent structures, where they employ a minimum proportion, set by regulation, of disadvantaged workers.
Concession contracts may be reserved for economic operators who operate them as part of the production of goods and services that they provide in prisons and who employ prisoners in a minimum proportion set by regulation, in accordance with the conditions set out in articles L. 412-10 to L. 412-18 of the Prison Code.
A conceding authority may not reserve a concession contract for economic operators who satisfy both the conditions of article L. 3113-1 and those of article L. 3113-2. A conceding authority may not reserve a concession contract both for economic operators who meet the conditions of article L. 3113-2-1 and for economic operators mentioned in the first paragraph of this article who do not meet these same conditions.
The concession contract shall be concluded in writing.It may not contain clauses whereby the concessionaire assumes responsibility for the performance of services, works or payments unrelated to the purpose of the concession.
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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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