Terminology and definitions

Modifié le 25/01/2012
Description haut
Decision announced by the public authority when the goods or services provided by the contractor are assessed as having met the technical specifications of the contract.
Additional clause:
Document recording an agreement freely entered into by the parties to a current contract that amends one or more of its provisions, without compromising its structure or aim
Public contract notification bulletin.
Cancellation compensation:
Lump-sum payment that can be made to the holder of a contract that is cancelled by the public authority.
Commitment instrument:
By signing this document, the candidate for a government contract presents his bid or proposal and agrees to comply with the terms of the technical specification and keep the price he offers.
Consultative Committee for the amicable settlement of disputes (arbitration panel)
Inter-departmental committee to which differences and disputes involving contracts entered into by the government or its public establishment may be submitted (non EPIC).
Armed Forces Inspectorate.
Public Contract State Board;
Inter-Ministerial commissions whose role is to perform controls before notice sending and/or starting competition for contracts that exceed certain values (see “Contract review and validation” tab).
Deferral compensation:
Payment that, under certain conditions, may be made to the holder of a contract with conditional phases where the directive ordering the conditional phase is issued at a later date than that provided for under the contract.
Default compensation:
Payment that, under certain conditions, may be made to the holder of a contract with conditional phases when, following a tendering process that involved all the phases, one or more of the conditional phases is not confirmed.
Direct action:
A sub-contractor with no right to direct payment may, after formally notifying the contractor, request direct settlement by the public authority of payments due in respect of the goods or services he has provided;
The public authority then pays the sub-contractor directly, unless the contract holder raises objections. In this case, the public authority must await a legal ruling before proceeding with payment of the disputed sums.
Direct payment:
Procedure that enables sub-contractors of a contract holder to be paid not by the contractor but by the public authority, in payment for the sub-contracted goods or services, as soon as the sum exceeds 10% of the total value of the contract.
General Directorate for Competition, Consumer Protection and the Suppression of Fraud.
Exchange rate clause:
Contractual clause that opens up the possibility of price renegotiation for foreign-supplied goods or services if the exchange rate variation exceeds a given threshold.
Sum(s) to be paid by the contractor to the public authority when it uses for commercial purposes the results of a public contract.
Formal notice/injunction:
Act by which, in public contracts, the PRM (see below) charges a contractor to fulfil the obligations he has undertaken.
Initial firm price:
Initial price which cannot be called into question during contract execution; in this it differs from a price for a contract agreed at a provisional price.
Journal Officiel de l'Union Européenne. Official Journal of the European Union (OJEU).
Payment authorisation:
Act by which a secondary official entitled to authorise payment instructs a public accounts office to pay an outstanding sum, that has been accepted and subjected to settlement, to a creditor of the public authority.
Payment price:
Price resulting from the initial price by the application of contractual regulations that enable changes in general economic conditions to be taken into account, following the form specific to the service that is the subject of the contract: updating, revision, adjustment.
Penal interest:
Automatic percentage increase in the sums to be paid to the contractor and to any of his sub contractors qualifying for direct payment by the public authority where the latter fails to respect a contractual or regulatory payment deadline
Provisional price:
Initial contract price that will be replaced by a definitive price after analysis of manufacturing costs.
Present value correction:
Method used to calculate a new initial price where a contract was signed on a fixed price basis and its implementation commences more than three months after the month in which the initial price was established
Contract supervisor
Natural person designated by Ministerial decree to have the delegated power to sign, in the name of the government, contracts or endorsements and to assume responsibility for this.
In respect of expenditure, the sequence of operations subsequent to the commitment whose aim is to confirm the reality of the debt and to establish the amount of the payment.
Single Copy:
Copy issued by the official entitled to authorise payment, on his own responsibility, to the contractor and his sub-contractors, with a view to giving title in the case of a transfer of debt or of collateral.
Special Instrument:
Document signed by the parties, that is not subject to audit formalities, which in certain situations takes the place of an additional clause (see “Changes to the contract” tab).
Sub-contractor declaration:
Statement that the contractor must make to the public authority when he intends to sub-contract a part of the provision of goods or services that are the subject of the contract for the purposes of obtaining prior approval of the sub-contractor and acceptance for its payment conditions.