Income Group | High income |
Income Group | High income |
PPP | Concession | |
Preparation of PPPs | 76 | 43 |
Procurement of PPPs | 89 | 86 |
PPP Contract Management | 53 | 49 |
Unsolicited Proposals | Not regulated and do not happen in practice | Not regulated and do not happen in practice |
Economy Score |
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Question | PPPs | Concession |
---|---|---|
Does the regulatory framework allow procuring PPPs? | Yes | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | In France, two categories of contracts are considered as PPPs according to the definition of the World Bank: concessions... More | In France, 2 categories of contracts are considered as PPP according to the World Bank definition: Concessions et Marché... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | https://www.legifrance.gouv.fr | https://www.legifrance.gouv.fr |
Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | Yes | Yes |
Please describe: | (1) Decree No 2016-360 of 25 March 2016 on public procurement; (2) Decree No. 2016-522 of 27 April 2016 on the mission t... More | Ordinance No. 2016-65 of January 29, 2016 on concession contracts Decree No. 2016-86 of February 1, 2016 on concession c... More |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | No | No |
Please describe: | n/a | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Transportation. | Yes | No |
If yes, please provide the relevant legal/regulatory provisions: | Article 151 of the MP Decree 216-360, puts a threshold of recourse of € 5 million for network infrastructures such as tr... More | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Water and Irrigation | No | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Energy generation and distribution. | Yes | No |
If yes, please provide the relevant legal/regulatory provisions: | Article 151(2) of the MP Decree 2016-360 puts a threshold of 5 million euros excluding tax when the main object of the p... More | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Telecom | No | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Other | Yes | Yes |
If yes, specify and provide the relevant legal/regulatory provisions: | Article 151(2) of the MP Decree 2016-360 puts a threshold of 5 million euros excluding tax when the main object of the p... More | As a general principle under French public law, police activities cannot be delegated (CE Ass. 17 June 1932, Ville de Ca... More |
Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | Yes | No |
If yes, please specify and provide the relevant legal/regulatory provision (if any): | Article 212a (v) of the General Tax Code exempts PPPs (concessions and partnership contracts) from the partial reinstate... More | n/a |
Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | Article 71 of the MP Ordinance authorizes any public buyer to procure MP except for the ones excluded by article 12 of L... More | Articles 8, 9 and 10 of the Ordinance “Concessions” give a broad definition of procuring authorities which encompasses t... More |
In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | Yes | No |
If yes, please indicate its name, and its website (if available): | Mission d'appui aux partenariats public-privés (MAPPP) http://www.economie.gouv.fr/ppp/english-version | n/a |
If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | Yes | No |
PPP capacity building for other public authorities. | Yes | No |
PPP promotion among the public and/or private sectors in national and international forums. | Yes | No |
Technical support in implementing PPP projects. | Yes | No |
Identification and selection of PPP projects from the pipeline. | No | No |
Revision of fiscal risks born by the Government. | No | No |
Consultation with affected communities on potential impact of PPP projects. | No | No |
Approval of PPP projects. | No | No |
Undertaking the procurement of PPPs. | No | No |
Oversight of PPP implementation. | Yes | No |
Other | No | No |
please specify: | n/a | n/a |
Please provide the relevant legal/regulatory provisions: | n/a | n/a |
Question | PPPs | Concession |
---|---|---|
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 155 of the MP Decree, for the State's projects, Ministry of budget and Ministry of Economy authoriz... More | n/a |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 156 of the MP Decree, Ministries in charge of budget and Economy shall approve the contract before ... More | n/a |
Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | 0 | 0 |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | All European countries follow the European System of Accounts (ESA 2010) | All European countries follow the European System of Accounts (ESA 2010) |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
If yes to question 8.2, which of the following alternatives best describes the regulation?: Accounting and reporting according to International Public Sector Accounting Standards (IPSAS). | No | No |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | No | No |
Please specify: | n/a | n/a |
Other. | No | No |
Please specify: | n/a | n/a |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet Committee, Parliament, Supreme Audit Office, et | Yes | No |
If yes, please specify the relevant authority | The assessment of the project's implementation is submitted for opinion to an expert body created by regulation (Article... More | n/a |
and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before signing the PPP contract? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Does the procuring authority use transaction advisors during the PPP project cycle? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | No regulatory basis |
In a case comparable to the case study assumptions, please select the option that best describes the way your government integrates the prioritization of PPP projects with other public investment project prioritization? (e.g. in the context of a national | No | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The regulatory framework prescribes the need for PPPs to be consistent with all other investment priorities without establishing a specific procedure to achieve that goal. | n/a | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The regulatory framework does not include any provisions but the procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. | n/a | No |
If yes, please elaborate: | n/a | n/a |
The procuring authority does not evaluate PPPs against existing government priorities. | Yes | Yes |
Please elaborate and provide examples: | According to our contributors, and after confirmation obtained from our follow up, the procuring authority does not see... More | According to our contributors, the concession contracts are not evaluated against existing government priorities. |
Based on your experience, is it always the case that this prioritization is done in practice in accordance with the provisions of the regulatory framework described above? | No | No |
If yes, please specify: | n/a | n/a |
If no, please elaborate: | According to our contributors, the procuring authority in France does not evaluate PPPs against existing government prio... More | In France, concession contracts are not required to be evaluated against existing government priorities, and such priori... More |
Which of the following assessments are conducted when identifying and preparing a PPP in order to inform the decision to proceed with it? (check all that apply): Socio-economic analysis (cost-benefit analysis of the socio-economic impact of the PPP projec | Yes | Yes |
Relevant legal/regulatory provision (if any) | Article 2 of Decree 2013-1211 dated 23 December 2013 states that all projects of investment in the sense of the 1st arti... More | Pursuant to Article 27 of the Concessions Ordinance, the nature and extent of needs to be met are determined before the ... More |
Is there a specific methodology for the assessment? | Yes | Yes |
If yes, please elaborate | Report "Quinet" 2013 regarding socioeconomic evaluation of large public investment projects | Report Quinet 2013 regarding socioeconomic evaluation of large public investment projects http://www.strategie.gouv.fr/p... More |
Is the assessment done in practice? | Yes | Yes |
Details: | In France a socio-economic analysis is systematically done in practice as soon as the project exceeds 100 million euros ... More | The socio-economic analysis is conducted in practice when identifying and preparing a Concession Contrat in France. |
Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | Yes | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 148 of the MP Decree, the study includes in particular the estimated overall cost of the contract on... More | n/a |
Is there a specific methodology for the assessment? | Yes | n/a |
If yes, please elaborate | Pursuant to Article 148 of the MP Decree, the indication from this cost is compared to the annual cash flow of the buyer... More | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | The affordability assessment, including the identification of the required long term public commitments, has been made c... More | n/a |
Risk identification, allocation and assessment (risk matrix) | Yes | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 152 of the MP Decree : To demonstrate that the PPP balance is more favorable than other embodiments ... More | The analysis of risks is implicitly imposed by the fact that the distribution of risks is included in the definition of ... More |
Is there a specific methodology for the assessment? | Yes | No |
If yes, please elaborate | The PPP Unit's guidelines, which should be renovated to take into account the recent changes in the Law, identify specif... More | n/a |
Is the assessment done in practice? | Yes | Yes |
Details: | The risk identification, allocation and assessment is always done in practice in France | According to our contributors, the risk identification, allocation and assessment is done in practice when identifying a... More |
Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives (i.e. value for money analysis, public sector comparator) | Yes | Yes |
Relevant legal/regulatory provision (if any) | Article 74 of the MP Ordinance indicates that the buyer realizes, before the launch of the procurement procedure, an ass... More | No regulatory basis |
Is there a specific methodology for the assessment? | Yes | No |
If yes, please elaborate | The PPP Unit Guidelines (Plan type du rapport d'évaluation préalable) gives methodological indications that include comp... More | n/a |
Is the assessment done in practice? | Yes | Yes |
Details: | A comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives is... More | In practice, the procuring authority conducts a comparative assessment to evaluate whether a PPP is the best option when... More |
Financial viability or bankability assessment | Yes | No |
Relevant legal/regulatory provision (if any) | No regulatory basis | n/a |
Is there a specific methodology for the assessment? | No | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | In France, the financial viability or bankability assessment is always done in practice. Generally, it is the role of Fi... More | n/a |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes | No |
Relevant legal/regulatory provision (if any) | According to Article 4 of the MP Decree, In order to prepare for the award of a public contract, the buyer may consult o... More | n/a |
Is there a specific methodology for the assessment? | No | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | A market sounding and assessment is often done in practice in France when identifying and preparing a PPP project in ord... More | n/a |
Environmental impact assessment | Yes | Yes |
Relevant legal/regulatory provision (if any) | The provisions and the methodology are provided mainly by articles R.122-1 to R.122-27 of the environmental code | The provisions and the methodology are provided mainly by Articles R.122-1 to R.122-27 of the environmental code. |
Is there a specific methodology for the assessment? | Yes | Yes |
If yes, please elaborate | The provisions and the methodology are provided mainly by articles R.122-1 to R.122-27 of the environmental code. Furthe... More |
The methodology is provided in directive 2011/92 and followed by all European countries. |
Is the assessment done in practice? | Yes | Yes |
Details: | The environmental impact assessment is always done in practice in France when identifying and preparing a PPP project | The environmental impact assessment is done in practice when identifying and preparing a Concession contract in France. |
Consultation process with affected communities on potential impact of the PPP project | Yes | No |
Relevant legal/regulatory provision (if any) | Environmental Authorization and Planning Code provides for a Public Inquiry in order to consult with affected communitie... More | n/a |
Is there a specific methodology for the assessment? | n/a | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Although the consultation process with affected communities on potential impact of the PPP project is not required by le... More | n/a |
Does the procuring authority include the assessments (indicated in Question 12 above) in the request for proposals and/or tender documents (for example, as part of an Information Memorandum to the bidders)? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a | n/a |
Are the assessments published online? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | n/a |
specify the website | https://www.economie.gouv.fr/ppp/accueil | n/a |
please specify which of the assessments are published online: | Only the preliminary assessment of the implementation methods for the partnership contracts are published on the FIN Inf... More | n/a |
Does the procuring authority include a draft PPP contract in the request for proposals? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | Article 4 of the Decree “Concessions” sets out that the tender documentation must include the terms and conditions (cahi... More |
If no, please elaborate | n/a | n/a |
Are the tender documents published online? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 39 of the MP Decree, the documents of the consultation are provided free of charge to economic oper... More | Pursuant to Article 5 of the Concession Decree, the licensing authority shall offer free, direct, full and free access t... More |
and please specify the website: | http://www.boamp.fr/recherche/avancee | http://www.boamp.fr/ and http://eur-lex.europa.eu/oj/direct-access.html?locale=fr |
In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | Yes | Yes |
If yes, please specify and provide a government- supported website where the mentioned standards are available or provide an electronic copy of them: | Fin Infra Tresor, Direction Generale: http://www.economie.gouv.fr/ppp/outils-0 That website provides standards for Fi... More |
Procuring authorities generally have their own standard contracts documentation (see, for example, in the electricity di... More |
In a case comparable to the case study assumptions, who is the responsible party for each of the following requirements? Obtaining the required urban permits: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No | No |
To be established in the contract | Yes | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis | No regulatory basis |
Obtaining the required environmental permits: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No | No |
To be established in the contract | Yes | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis | No regulatory basis |
Obtaining the required operational permits: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No | No |
To be established in the contract | Yes | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis | No regulatory basis |
Obtaining the required land: Procuring authority (or other Government entity) | Yes | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis | No regulatory basis |
Obtaining the required right of way: Procuring authority (or other Government entity) | Yes | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis | No regulatory basis |
Question | PPPs | Concession |
---|---|---|
Which of the following options best describes the required qualifications of the bid evaluation committee members? (Please select only one): The membership of the bid evaluation committee is specified and/or its members are required to meet detailed quali | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The bid evaluation committee members require sufficient qualification without specific details. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The bid evaluation committee members are not required to have any specific qualifications. | Yes | Yes |
Please elaborate and provide examples: | According to Art. L1411-5 of the general code of local public authorities: Bid evaluation committees of local authoritie... More | According to Art. L1411-5 of the general code of local public authorities, the bid evaluation committees of local author... More |
Does the procuring authority issue a public procurement notice of the PPP project? | Yes | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 33 of the MP Decree, the call for tenders notice shall be published in the Official Journal of Europ... More | Article 35 of the Ordinance “Concessions” sets out that the procuring authorities must issue a publicity depending on th... More |
If yes, is the public procurement notice published online? | Yes | Yes |
If yes, please specify the website: | http://www.boamp.fr/ and http://eur-lex.europa.eu/oj/direct-access.html?locale=fr | http://www.boamp.fr/ and http://eur-lex.europa.eu/oj/direct-access.html?locale=fr |
Are foreign companies prohibited from participating in the bidding process? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 72 II of the MP Decree requires a period of thirty days from the date of dispatch of the invitation to tender. ... More | Article 18 of the Decree “Concessions” sets out that for major concession contracts (i.e. those whose estimated value ex... More |
and the time in calendar days: | 30 | 30 |
Open tendering: Available | Yes | Yes |
Default | No | No |
Relevant legal/regulatory provision (if any) | According to Article 42 of the MP Ordinance: The public contract is passed, under the conditions and in the manner laid ... More | According to Article 36 of the Concession Ordinance, the procuring authority shall freely organize the procedure leading... More |
Restricted tendering (with pre-qualification stage): Available | Yes | Yes |
Default | No | No |
Relevant legal/regulatory provision (if any) | According to Article 42 of the MP Ordinance: The public contract is passed, under the conditions and in the manner laid ... More | According to Article 36 of the Concession Ordinance, the procuring authority shall freely organize the procedure leading... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | Yes | Yes |
Default | No | No |
Relevant legal/regulatory provision (if any) | According to Article 42 of the MP Ordinance: The public contract is passed, under the conditions and in the manner laid ... More | According to Article 36 of the Concession Ordinance, the procuring authority shall freely organize the procedure leading... More |
Competitive dialogue: Available | Yes | Yes |
Default | No | No |
Relevant legal/regulatory provision (if any) | According to Article 42 of the MP Ordinance: The public contract is passed, under the conditions and in the manner laid ... More | According to Article 36 of the Concession Ordinance, the procuring authority shall freely organize the procedure leading... More |
Direct negotiation with more than one candidate: Available | No | No |
Default | No | No |
Relevant legal/regulatory provision (if any) | n/a | n/a |
Direct negotiation with only one candidate: Available | No | No |
Default | No | No |
Relevant legal/regulatory provision (if any) | n/a | n/a |
Other. Specify: | No | No |
Available | No | n/a |
Default | No | n/a |
Relevant legal/regulatory provision (if any) | n/a | n/a |
Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Resulting from the practice and compliance with the EU transparency and equality of treatment principles. According to a... More | Article 4 of the Decree “Concessions” sets out that the terms and conditions for the award of the concession contract sh... More |
If no, please elaborate: | n/a | n/a |
Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 56 of the MP Decree, are included in the invitation to tender at least : 5. The ranking of criteria... More | Article 22 of the Decree “Concessions” provides that the procuring authority selects the candidates in light of non-disc... More |
Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | The prequalification criteria specified in the tender documents are always respected in practice, following the provisio... More | The prequalification criteria specified in the tender documents are respected in practice in order to make such criteria... More |
If no, please elaborate: | n/a | n/a |
Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 39 III. of the MP Decree, the additional information on the tender documents are sent to parties six days later ... More | Article 4 of the Concession Decree provides that: “The concession authority shall communicate, no later than six days be... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Transparency and equality of treatment principles. It is a general principle of law in France to ensure fairness of the ... More | Transparency and equality of treatment principles. It is a general principle of law in France to ensure fairness of the ... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes | Yes |
If yes, please specify: | Notwithstanding confidential information pertaining to the bidders, the procuring authority always discloses the questio... More | Notwithstanding confidential information pertaining to the bidders, the procuring authority in France discloses those qu... More |
If no, please elaborate: | n/a | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | Yes | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | No regulatory basis | No regulatory basis |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose the content and the results of the pre-bid conference to all bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | No regulatory basis |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes | Yes |
If yes, please specify: | When the contracting authority organizes a conference related to the project prior to the call for tenders, and if the e... More | According to our contributors, the procuring authority always discloses the content and the results of the pre-bid confe... More |
If no, please elaborate: | n/a | n/a |
In a case comparable to the case study assumptions, does the procuring authority require the bidders to prepare and present a financial model with their proposals? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | No regulatory basis |
If no, please elaborate: | n/a | n/a |
Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 37.1 of the European Concession Directive provides: Concessions shall be awarded on the basis of the award crite... More | Article 27 of the Decree “Concessions” sets out that the procuring authority shall award the concession contract on the ... More |
Evaluation criteria is not set in the tender documents | No | No |
In the case where only one proposal is submitted (sole proposals), which of the following options best describes the way the procuring authority deals with them? (Please select only one)?: The procuring authority follows a specific procedure before awardi | No | No |
Please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | Yes | Yes |
Please provide the relevant legal/regulatory provisions (if any): | According to Article 47 of the MP Decree, ... in the case of contracting authorities, in a restricted invitation to ten... More | According to Article 22 of the Concession Decree, where the number of candidates meeting the criteria for selection of c... More |
The procuring authority does not award a PPP contract if only one proposal is submitted. | No | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The regulatory framework does not include any provisions. | No | No |
Does the procuring authority publish the award notice? | Yes | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Article 104 of the MP Decree requires the procuring authority to publish the award notice Official bulletin of public pr... More | Article 48 of the ordinance “Concessions” sets out that the procuring authority shall disclose the choice of the success... More |
If yes, is the public procurement award notice published online? | Yes | Yes |
If yes, please specify the website: | http://www.boamp.fr/ http://eur-lex.europa.eu/oj/direct-access.html?locale=fr; | http://www.boamp.fr/ http://eur-lex.europa.eu/oj/direct-access.html?locale=fr; |
Does the procuring authority provide all the bidders with the result of the PPP procurement process? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 99 of the MP Decree indicates that, as soon as she decides to reject a bid or offer, the procuring entity notifi... More | Article 48 of the Ordinance “Concessions” and Article 29 of the Decree “Concessions” set out that the choice made by the... More |
If no, please elaborate: | n/a | n/a |
If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 99 of the MP Decree indicates that, as soon as she decides to reject a bid or offer, the procuring entity notifi... More | According to Article 29 of the Concessions Decree, such notification shall specify the reasons for the rejection and, fo... More |
Is there a standstill (or pause) period after the contract award and before the signing of the contract in order to allow unsuccessful bidders to challenge the award decision? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 101 of the MP Decree, "for public contracts awarded under a formalized procedure, a minimum period ... More | Article 29 of the Concession Decree provides that: A period of at least sixteen days shall be observed between the date ... More |
and the time in calendar days: | 16 | 16 |
Is the standstill period set out in the notice of intention to award? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 46 of the European Concession Directive referring to the Directive 89/665/EEC that regulates review procedures f... More | According to Article 29 of the Concession Decree: The notification of the award of the concession contract shall include... More |
Does the regulatory framework restrict negotiations with the selected bidder between the award and the signature of the PPP contract in order to prevent an unfair disadvantage to the other bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 64 of the MP Decree states that it is possible, in agreement with the successful bidder to conduct a development... More | Only simple changes, precisions or complements can be made to the content of the draft contract (Administrative court of... More |
Based on your experience, is it always the case that this restriction is respected in practice? | Yes | Yes |
If yes, please specify: | In practice, the negotiations with the selected bidder between the award and the signature of the PPP contract are restr... More | Restriction of negotiations with the selected bidder between the award and the signature of the concession contract is r... More |
If no, please elaborate: | n/a | n/a |
Does the procuring authority publish the PPP contract? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 56 of the MP Ordinance, essential data have to be published. Article 107 of the MP Decree further i... More | Articles 53 of the Ordinance “Concessions” and Article 34 of the Decree “Concessions” set out that the procuring authori... More |
If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | No | No |
Publication of the full PPP contract without including all its annexes and appendixes | No | No |
Publication of a summary of the PPP contract without publishing the full PPP contract | Yes | Yes |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | No | No |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No | No |
If yes, is it published online? | Yes | No |
If yes, please specify the website: | According to Article 107 of the MP Decree, the essential information of the contract shall be published on the buyer pro... More | n/a |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Article 107 of the MP Decree, 2 ° No later than two months from the date of notification of each amendment... More |
Article 34 of the Concession Decree provides that: The procuring authority shall, on its buyer profile and by 1 October ... More |
Question | PPPs | Concession |
---|---|---|
Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 88 II of the MP Ordinance, the buyer has control over execution of the contract. This control occurs... More | Articles 33 and 34 of the concession ordinance provide for the information of the procuring authority for transparency p... More |
If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | No | No |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | No | No |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Elaboration of a PPP implementation manual or an equivalent document | No | No |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | No | No |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | No | No |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | n/a | n/a |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The PPP contract management team members are required to meet sufficient qualification without specific details. | n/a | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The PPP contract management team members are not required to meet any specific qualifications. | n/a | n/a |
Please elaborate and provide examples: | n/a | n/a |
Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 88 II of the MP Ordinance, the buyer has control over execution of the contract. This control occurs... More | No regulatory basis |
If yes, is the PPP contract construction performance information made available to the public? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
If yes, is the PPP contract construction performance information made publicly available online? | n/a | n/a |
If yes, please specify the website: | n/a | n/a |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 88 of the MP Ordinance : I. - To enable the monitoring of the implementation of the partnership contract, an an... More | Article 52 of the ordinance "Concessions" and article 33 of the decree "Concessions" set out that the concessionaire sha... More |
If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | No | No |
Relevant legal/regulatory provisions (if any) | n/a | n/a |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | No | No |
Relevant legal/regulatory provisions (if any) | n/a | n/a |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | Yes | Yes |
Relevant legal/regulatory provisions (if any) | According to Article 165 I of the MP Decree, the report mentioned is established by the holder and must allow comparison... More | Article 52 of the ordinance "Concessions" and article 33 of the decree "Concessions" set out that the concessionaire sha... More |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes | Yes |
Relevant legal/regulatory provisions (if any) | Pursuant to article 88 II. Of the MP Ordinance, the buyer has control over the execution of the contract. This check occ... More | No regulatory basis |
The PPP contract performance information must be available to the public | No | No |
Relevant legal/regulatory provisions (if any) | n/a | n/a |
Is PPP contract performance information made publicly available online? | No | No |
If yes, please specify the website: | n/a | n/a |
Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate changes in the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract? | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Article 139 4. of the MP Decree, change of economic operator is possible in the following cases : a) Pursua... More | Article 36 of the decree "Concessions" sets out that a change of concessionaire is possible in the case where a new conc... More |
If yes, which of the following circumstances are specifically regulated? (check all that apply): Any change in the private partner during an initial period (e.g. construction and first five years of operation). | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Article 139 4. b. of the MP Decree, the new owner must meet the conditions that were set by the buyer for pa... More | Article 36 of the decree "Concessions" sets out that the new concessionaire must have the economic, financial, technical... More |
In other cases, flexibility to change the ownership structure and/or assign the contract. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis | No regulatory basis |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Article 139 of the MP Decree, modifications are possible in the following cases : - Changes initially planne... More | Pursuant to Article 55 of the Concessions Ordinance, the conditions under which a concession contract can be changed wit... More |
If yes, is an approval from a government authority, other than the procuring authority, required? | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
If yes to question 46, which of the following circumstances are specifically regulated? (check all that apply): A change in the scope and/or object of the contract. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Article 139 of the MP Decree, is forbidden an important modification of object (5. c.) | Article 55 of the ordinance "Concessions" sets out that modifications cannot change the overall nature of the concession... More |
A change in the risk allocation of the contract. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Article 139 5. b. of the MP Decree, a modification is substantial and, as a consequence, forbidden, if it ch... More | Article 36 of the decree "Concessions" sets out that a modification is material and therefore forbidden in the case wher... More |
A change in the financial and/or economic balance of the contract. | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
A change in the duration of the contract. | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
A change in the agreed price or tariff. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Article 140 of the MP Decree: Where the public contract is concluded by a contracting authority, the amount... More | According to Article 37 of Concession Decree, Where the concession contract is concluded by a contracting authority, the... More |
Can the procuring authority unilaterally modify a PPP contract? | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to the general principle of the public contract law in France, since concession contracts are administrative c... More | According to the general principle of the public contract law in France, since concession contracts are administrative c... More |
Does the regulatory framework (including standard contractual clauses) expressly regulate the following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No specific provisions under the relevant legal framework but several decisions in administrative case law (CE 29 Januar... More | No specific provisions under the relevant legal framework but several decisions in administrative case law (CE 29 Januar... More |
Material Adverse government action . | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No specific provisions under the relevant legal framework but several decisions in administrative case law : "fait du pr... More | No specific provisions under the relevant legal framework but several decisions in administrative case law : "fait du pr... More |
Change in the Law. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No specific provisions under the relevant legal framework but several decisions in administrative case law : "fait du pr... More | No specific provisions under the relevant legal framework but several decisions in administrative case law : "fait du pr... More |
Refinancing. | Yes | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 46 of the Standard Clauses regulates refinancing requiring the private partner to inform and provide all necess... More | n/a |
Subcontracting and replacement of the subcontractors. | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Article 62 of the MP Decree, I. The holder of a public contract may, under his responsibility, subcontract ... More | Article 42 of the European Concession Directive regulates subcontracting under rules on performance of concessions, and ... More |
Does the regulatory framework (including standard contractual clauses) allow for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts? | Yes | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Administrative judges are always an option for parties of a public contract. Most of the time, private holders will have... More | Disputes are in principle lodged before French administrative courts. Arbitration is generally forbidden for public auth... More |
If yes, please specify which of the following options are available (check all that apply): Local administrative review body | No | No |
If yes, please specify: | n/a | n/a |
Local courts | No | No |
Domestic arbitration | Yes | No |
International arbitration | No | No |
Investor-State Dispute Settlement (ISDS) | No | No |
Mediation | Yes | No |
Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | According to Article 142 of Decree N2016-360: In the event of a dispute concerning the execution of public contracts, pu... More | n/a |
If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes | No |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | According to Article 1479 of the French Code of Civil Procedure (Decree n°81-500 of 12 May 1981, Official Journal of 14 ... More | n/a |
International arbitration | No | No |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | n/a | n/a |
Investor-State arbitration | No | No |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | n/a | n/a |
Does the regulatory framework (including standard contractual clauses) allow for the restructuring of a PPP private partner (SPV) in financial difficulty prior to insolvency? | No | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | No regulatory basis |
Does the regulatory framework (including standard contractual clauses) allow for the lenders to take control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under threat of termination for failur | Yes | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis | No regulatory basis |
If yes, which of the following options best describes the lender step-in right? (Please select only one): The regulatory framework expressly regulates the lender step-in rights. | No | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
The regulatory framework prescribes that a direct agreement should be signed with the lenders. | No | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | No | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Other. | Yes | Yes |
Please Specify: | Contract and financial practice | Contract and financial practice |
Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | According to the Standard clauses, the Agreement terminates : - at the expiration of his normal term provided for in Art... More | Expiration of its duration, general interest purpose, breach, amicable termination, material modification, etc. CE 2 May... More |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 89 MP Ordinance : In case of termination by a judge, the Partnership Contractor is entitled to compensation for ... More | There is no general provision under the relevant framework. However, article 56 I. of the Concessions Ordinance states t... More |
Question | PPPs | Concession |
---|---|---|
Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No | No |
Explicitly allowed by the legal framework? | No | No |
Not regulated by the legal framework, but do happen in practice? | No | No |
Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | Yes | Yes |
If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | n/a | n/a |
Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | No | n/a |
If yes, please specify and provide the relevant legal/regulatory provisions (if any | n/a | n/a |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | n/a | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Which of the following options best describe how the procuring authority ensures that unsolicited proposals are consistent with existing government priorities? (Please select only one): The procuring authority follows a specific procedure to ensure the co | No | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The procuring authority does not evaluate unsolicited proposals against existing government priorities. | Yes | Yes |
Please elaborate and provide examples: | According to our contributors, the procuring authority does not evaluate unsolicited proposals against existing governme... More | According to our contributors, the procuring authority does not evaluate unsolicited proposals against existing governme... More |
Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | the Guide to Good Procurement Practices states that "spontaneous offers do not allow the buyer to contract directly with... More | n/a |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Since the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited pro... More | n/a |
and the time in calendar days: | 30 | n/a |
Does the procuring authority use any of the following incentive mechanisms to reward/compensate the presentation of unsolicited proposals? (check all that apply): Access to the best and final offer (BAFO) process and/or automatic shortlisting. | No | No |
Developer’s fee (reimbursing the original proponent for the project development cost). | No | No |
Bid Bonus. | No | No |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | No | No |
Other. | No | No |
Please specify: | n/a | n/a |
Please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |