French General Code of Local Authorities
In forceI. - Subject to this article, the selection of the economic operator shareholder(s) and the award of the contract to the single-operations semi-public company set up shall be carried out by a single public invitation to tender complying with the procedures applicable to concession contracts or public procurement contracts defined by the Public Procurement Code, depending on the nature of the contract intended to be concluded between the territorial authority or grouping of territorial authorities and the single-operations semi-public company.
The subsequent procedures that may be implemented when the competitive tendering procedure is unsuccessful are applicable.
II. - Candidates likely to be selected to be economic operator shareholders of the single operation semi-public company must comply with the conditions of admissibility of applications specific to the procedure applicable to the contract intended to be concluded.
III. - In addition to the information required according to the nature of the contract intended to be concluded, the invitation to tender shall include a prefiguration document, specifying the intention of the territorial authority or grouping of territorial authorities to entrust the planned operation to a single-operation semi-public company to be formed with the selected candidate.
This prefiguration document for the single-operations semi-public company includes in particular:
1° The main characteristics of the single-operations semi-public company: the share of capital that the local authority or grouping of local authorities wishes to hold; the rules of governance and the terms of control that the local authority or grouping of local authorities wishes to have over the company's activity defined, where applicable, in a shareholders' agreement; the rules for the devolution of the company's assets and liabilities on its dissolution;
2° The estimated overall cost of the operation for the local authority or grouping of local authorities and its breakdown.
IV. - The criteria for selecting the candidates are defined and assessed by the territorial authority or grouping of territorial authorities in accordance with the rules applicable according to the nature of the contract intended to be concluded with the single-operation semi-public company. The overall cost of the operation is assessed taking into account the subscription to the capital and financing of the single-operations semi-public company.
V. - At the end of the competition and the selection of the candidate, the articles of association of the single-operations semi-public company and, where applicable, the shareholders' agreement concluded are adopted and published.
VI. - The contract, including the elements provided for by the competitive tendering procedure, is concluded between the territorial authority or group of territorial authorities and the single-operations semi-public company, which is substituted for the selected candidate for the application of the award procedures provided for according to the nature of the contract.
