French Public/Private Contracts PDF

# Marché Public/Privé ## Introduction - **DTU:** Documents Techniques Unifiés. Defines French building regulations and construction standards. - **Mpu:** Marchés Publics. - **Mpr:** Marchés Privés. - **MOE:** Maître d'oeuvre (project manager). - **MOA:** Maître d'ouvrage (client). - **CCP:** Code...

# Marché Public/Privé ## Introduction - **DTU:** Documents Techniques Unifiés. Defines French building regulations and construction standards. - **Mpu:** Marchés Publics. - **Mpr:** Marchés Privés. - **MOE:** Maître d'oeuvre (project manager). - **MOA:** Maître d'ouvrage (client). - **CCP:** Code de la Commande Publique (Public Procurement Code). ## Types of Contracts ### Public Contracts - **Contract duration:** The offer is valid for 60 days. - **Public Procurement Law (MOP):** Enforces regulations between public MOA and private MOE. - **CCP:** Gathers applicable rules for public procurement of goods and services. ### Private Contracts - Private contract between an individual and a person providing services or goods. - **Contract duration:** The contract is valid for a specific service/product request. ## Public Procurement - **Regulations:** Regulations are set by the French Ministry, and should be cited in the contracts. - **Government oversight:** DTU, Mpu, and Mpr are governed by a wide range of public and private regulations (e.g. Labor law, Command Public Code, Heritage code, Urbanism Code, Construction code, Housing code, Public Health code, Environment Code). - **Contract types:** There are three types of contracts: - **Conception-realisation contracts:** The contractor is responsible for both design and construction. - **Performance contracts:** The contractor is responsible for achieving specific performance objectives. - **Sector specific contracts:** The contractor focuses on specific sectors, such as building maintenance or construction. ## Contract Process - **Contract threshold:** The contracting process varies based on the contract amount. - Contracts worth less than €90,000: Simplified procedure with minimal administrative formality. - Contracts worth between €90,000 and €200,000: Negotiated procedure, where the client negotiates directly with a selected contractor. - Contracts worth more than €200,000: Competitive bidding process, with an open invitation for bids. - **Public contract stages:** 1. Define needs. 2. Analyze the project viability. 3. Plan the project’s timeline. 4. Assign a project manager. 5. Select engineers. 6. Select an architect. 7. Launch construction projects. 8. Launch the procurement of services. 9. Receive bids. 10. Award the contract. 11. Manage subcontracting. 12. Address technical and economic issues. 13. Plan the final inspection. 14. Set payment terms. 15. Manage responsibility. - **CCAG (Clauses Administratives Générales):** Applicable for most construction projects. ## Public and Private Sectors Comparison - **Private contracts:** The client is responsible for the entire design and construction process. It is a more streamlined process. - **Public contracts:** The client is responsible for managing the project within specific regulations and involving various public stakeholders. ## Cost Breakdown - **PHG (Prix Maximal Garanti):** The highest price allowed, covering design and construction costs. ## Performance Contracts - **Performance contract:** Offers a flexible and efficient way to deliver projects through partnerships and collaborative efforts. - **Performance measurements:** Focus on key metrics including service quality, energy efficiency, and environmental impact. # Conclusion The document describes the key elements of public and private contracts in France, highlighting the legal framework, different types, and the stages involved in the procurement process. The article underlines the significance of choosing the right contract type based on specific project requirements.