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Is the Contrat de Partenariat a French Version of the British “Private Finance Initiative”?

Par : Contributeur(s) : Type de matériel : TexteTexteLangue : français Détails de publication : 2006. Sujet(s) : Ressources en ligne : Abrégé : In June 2004, France adopted a new Public-Private Partnership (PPP) contract known as the contrat de partenariat. Most features of this new procurement method were drawn from the best practices of the British Private Finance Initiative (PFI). First, long-term service contracts with performance-related payments were introduced into the French procurement system. Second, the decision to enter into such a transaction now needs to be justified both in terms of value for money and in legal terms, depending on the contingency requirements (urgency) or the complexity of the project. Finally, government projects are required to seek clearance from an advisory body responsible for scrutinizing the appraisal process. However, while PFI covers a vast array of transactions, ranging from concessions to long-term leases, the new French contract is implemented in the general legal environment applicable to existing alternative forms of PPP. A statistical study of contracts signed since 1987 was conducted using available data relating to the British PPP. Procurement methods applied to French projects within the French legal framework were then examined and compared to British projects. This paper aims to determine the prospects for the development of the contrat de partenariat through this comparison between British and French PPPs. Our results lead us to conclude that this new PPP will only be applicable to a limited number or specific types of projects. However, the mandatory value of financial tests, which are not required for concessions or alternative forms of PPP, should favor the development of these contracts by forcing the awarding authority to make comparisons in terms of efficiency relative to alternative procurement methods.
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In June 2004, France adopted a new Public-Private Partnership (PPP) contract known as the contrat de partenariat. Most features of this new procurement method were drawn from the best practices of the British Private Finance Initiative (PFI). First, long-term service contracts with performance-related payments were introduced into the French procurement system. Second, the decision to enter into such a transaction now needs to be justified both in terms of value for money and in legal terms, depending on the contingency requirements (urgency) or the complexity of the project. Finally, government projects are required to seek clearance from an advisory body responsible for scrutinizing the appraisal process. However, while PFI covers a vast array of transactions, ranging from concessions to long-term leases, the new French contract is implemented in the general legal environment applicable to existing alternative forms of PPP. A statistical study of contracts signed since 1987 was conducted using available data relating to the British PPP. Procurement methods applied to French projects within the French legal framework were then examined and compared to British projects. This paper aims to determine the prospects for the development of the contrat de partenariat through this comparison between British and French PPPs. Our results lead us to conclude that this new PPP will only be applicable to a limited number or specific types of projects. However, the mandatory value of financial tests, which are not required for concessions or alternative forms of PPP, should favor the development of these contracts by forcing the awarding authority to make comparisons in terms of efficiency relative to alternative procurement methods.

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