The supervisory minister(s) shall sign the partnership contracts on behalf of the unauthorised purchasers.From the date of signature of the partnership contract, these purchasers shall assume all the rights and obligations attached thereto.
Pursuant to article L. 2232-7, the payment period applicable to services provided by small and medium-sized enterprises or craftsmen within the meaning of article R. 2151-13 is that imposed on the purchaser pursuant to section 2 of chapter II of title IX of book I of this part.
The annual report referred to in article L. 2234-1 is drawn up by the holder and must enable comparisons to be made between the year it covers and previous years. It includes in particular: 1° Economic and accounting data; 2° Monitoring of several indicators.
The economic and accounting data referred to in article R. 2234-1 include : 1° The annual profit and loss account for the operation covered by the partnership contract, recalling the data presented the previous year under the same heading and presenting the data used for contractual revisions and indexations and justifications for external services invoiced to the operation; 2° A presentation of the methods and elements of economic calculation used…
The indicators referred to in article R. 2234-1 include the indicators corresponding to: 1° The performance targets provided for in article L. 2213-8 ; 2° The proportion of contract performance entrusted to small and medium-sized enterprises or craftsmen pursuant to article L. 2213-14; 3° The monitoring of ancillary revenue received by the contractor pursuant to article L. 2213-9 ; 4° The penalties requested and those paid by the contractor.
Supporting documents for the data mentioned in this section shall be sent to the purchaser at his request.
During the construction phase, the control referred to in article L. 2234-2 covers, in particular, the quality of the works built and their compliance with the functional programme provided for in the contract, the final costs and timescales of the works built and the financing plan adopted.
During the operation phase of the facilities or the public service, the control referred to in article L. 2234-2 focuses in particular on the quality, compliance with performance targets and the level of cost of the services provided by the contractor.
At the end of the contract, the audit referred to in article L. 2234-2 will focus in particular on the final construction and operating costs of the project, the quality of the services provided under the contract, compliance with performance targets and an assessment of the condition of the infrastructure at the end of the contract and its asset value.
The purchaser may ask the contractor for any document required to monitor the performance of the partnership contract in accordance with Article L. 2132-1.
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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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