Request payment and bill a public contract
Verified 01 January 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The company awarded the public contract may request payment for its services only when they have been performed and the public purchaser has found that they comply with the contract signed. Upon receipt of the invoice via the Chorus Pro platform, the public buyer has a maximum time to make the payment. If this time limit is exceeded, default interest and a lump sum payment is due.
In the field of public accounting, payment is made once the service has been provided: this is the rule of payment after “service done”.
The public purchaser verifies the conformity of what has been delivered or achieved (this is referred to as a finding of the service done ). It then attests to the conformity of what has been achieved: this is the certification of the service made.
The contract holder can then charge.
All holders of a public contract must send their invoice to the public purchaser in electronic form via the Chorus Pro portal.
Several deposit methods are possible:
- Portal Mode : allows the invoice to be filed directly with the buyer in electronic format. This is usually a pdf format.
- EDI Mode —Allows invoices to be transferred via computer streams set up between Chorus Pro and the company's information system.
- Service Mode or API : allows you to link your information system directly to Chorus Pro via applications, services offered by the portal.
Please note
France Num details how submit an electronic invoice via the Chorus Pro portal.
What is an advance?
The advance is the payment of part of the contract amount to the company before the commencement of performance of the contract.
It facilitates the performance of the contract by enabling it to meet the costs associated with the performance of a public contract. Small companies that do not have sufficient cash flow can thus pre-finance the start of work, the installation of the site, hire staff, buy supplies and materials, etc.
She is mandatory for State and local authority contracts where 2 following conditions are met:
- The initial amount of the contract is more than €50,000 HT.
- The contract execution time is more than 2 months.
The buyer may provide for the payment of an advance even if it is not mandatory.
FYI
Clauses relating to rates and conditions of advance payment cannot be modified while running.
How is the amount of the advance calculated?
The amount of the advance depends on the duration of the public contract (plus or minus 12 months). It also varies whether or not the contract holder is an SME, which is defined as a company with fewer than 250 employees and an annual turnover of less than €50 million, or a balance sheet total of less than €43 million .
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SME
The amount of the advance is calculated by application of a percentage to the total amount of the benefits.
Where the holder of the public contract is an SME, the minimum rate of advance varies according to the contract:
- 30% for public procurement by the State
- 10% for public contracts awarded by public administrative establishments of the State, other than public health establishments, for which the operating expenses recorded in the financial account for the penultimate financial year ended are greater than €60 million
- 10% for public contracts awarded by local and regional authorities, their public institutions and their groupings, for which the actual operating expenditure recorded in the revenue and expenditure account of the main budget for the penultimate financial year ended is greater than €60 million
Other companies
The amount of the advance varies according to the duration of the public contract.
Duration of contract | Amount of the advance |
|---|---|
Not more than 12 months | enter 5% and 30% of the initial amount of the contract including VAT |
Greater than 12 months | enter 5% and 30% of a sum equal to 12 times the initial amount including VAT of the contract divided by the duration in months |
The buyer may, however, increase the amount of the advance beyond 30%.
Example :
In a contract longer than 12 months, the calculation shall be as follows:
A contract for the supply of large-scale electricity for a town hall, with an energy business as the contract holder.
The amount including VAT of the contract is €1 200 000 over four years.
The contract provides for an advance of 5%.
Its amount is therefore equal to: €1 200 000 x 12 / 48 months (12 x 4 years) = €300,000 TTC
On the €300,000 TTC, we apply 5% = €300,000 x 5% = €15,000 TTC
The city hall must therefore pay €15,000as an advance.
Where part of the market is outsourced, the advance paid to the contract holder shall be calculated on the basis of the amount of the public contract less the amount of the services entrusted to the subcontractors. For more information, refer to the sheet dedicated to the outsourcing.
Warning
The special administrative clauses (CCAP) may derogate from these rules by specifying that there will be no advance paid.
How is the advance refunded?
The advance is not a final payment by the public purchaser. She is deducted sums due to the company, at a rate and in accordance with the terms laid down by the contract. This is either a direct debit from the deposit, or a final partial settlement or balance.
In the silence of the market, the repayment of the advance is staggered taking into account its amount and the amounts remaining due:
- For advances less than or equal to 30% of the amount including VAT of the contract, the refund starts where the value of the services performed by the contract holder reaches 65% the amount of the contract including VAT.
- For advances greater than 30% of the amount including VAT, the refund starts the first payment request.
Conditions for granting an advance to the contract holder
Calculation of the amount of the advance according to the duration of the contract
What is a deposit?
The deposit should not be confused with the advance.
The advance is the payment of part of the contract amount to the company before the commencement of performance of the services while the down payment intervenes only after the start of the market.
The deposit is therefore a interim payment a service that has begun to be performed.
The payment of a deposit involves the presentation of a statement and corresponds to services actually performed.
Only one of buyers The following have the possibility to pay a deposit:
- Status
- Public establishments other than those of an industrial and commercial character
- Local authorities, their public institutions and their groupings
How is the amount of the deposit calculated?
The deposit may not exceed the amount of services already performed.
For example, if the company has delivered half of the supplies, it is entitled to a down payment of half their price
The amount of the deposit may be reduced by the fraction corresponding to the retention of security if the buyer has requested a warranty in the market.
How are advance payments made?
Advance payments must be made every 3 months maximum to the contract holder and to subcontractors when they can get paid directly.
This periodicity is reduced to 1 month in the following cases:
- Public works contract, for the following entities:
- SME
- Craftsman
- Worker Cooperative Production business (SCOP)
- Grouping of agricultural producers
- Cooperative Artisans business
- Cooperative Artists business
- adapted company
- Supply and service contract : when requested by the company.
FYI
In practice, the public procurement documents specify that advance payments are made on a monthly basis.
Amount and periodicity of installments
The public purchaser must pay for the services performed by the company in a maximum time set by law. This period shall run from the date on which the invoice is made available.
What's the timeframe?
Payment deadlines vary depending on the type of public purchaser.
Public purchasers | Maximum time |
|---|---|
State, public administrative institution and Epic: titleContent | 30 days |
Territorial authority, their public establishment and their grouping | 30 days |
Public health institution | 50 days |
Establishment of the Army Health Service | 50 days |
Other public company | 60 days |
FYI
These payment periods are “public policy”. The public purchaser must respect them. He cannot agree on another deadline with the company.
What is the starting point of the payment period?
The starting point of the payment period is the date of receipt of the payment request, i.e. the date of making the invoice available. It depends on how the public purchaser receives the invoice:
- Electronic Data Interchange (EDI) mode : This is the date that the State's budgetary and accounting information system dates the arrival of the invoice. For other purchasers, this is the date of notification of the e-mail message notifying of the availability of the invoice.
- API (service) or portal modes : this is the date of the e-mail message informing the public purchaser that the invoice has been made available on this portal. This date of dispatch is available in the status history and corresponds to the date of the status “making available to the recipient”.
These different dates are plotted and searchable in Chorus Pro. However, Chorus Pro does not calculate the payment term.
Where the contract provides for a procedure for verifying the conformity of the services, the payment period provided for in the contract may run from the date of the finding of conformity.
If the buyer does not respect the payment deadline to pay his supplier or his service provider, default interest are applied.
Warning
For works contracts, the period for payment of the balance of the works contracts shall run from the date of receipt by the contracting authority of the general and final statement of accounts drawn up in accordance with the conditions laid down in CCAGapplicable to works contracts and prime contracting.
Payment period for contracting authorities
Payment terms for health facilities and public companies
Starting point of the payment period
The public purchaser who has exceeded the maximum payment period must pay the following sums:
- of default interest the contract holder and the subcontractor if it is paid directly.
- one lump sum compensation for recovery costs which is fixed at €40.
Interest on arrears and the lump sum compensation for recovery costs shall be paid in a 45 days following the payment of the principal. Exceeding this 45-day period may give rise to the payment of interest at the statutory interest rate,
How are default interest calculated?
Interest on arrears shall start to run on the day following the expiry of the maximum period for payment. They are due automatically and are automatically applied without a reminder being necessary.
They are calculated on the basis of the number of days of delay and are applied to the total amount of the sum due TTC: titleContent.
The calculation formula is as follows:
Amount including tax due x (number of days late / 365) x applicable default interest rate.
What is the rate of default interest?
The rate of default interest shall be equal to interest rate applied by the European Central Bank in force on the first day of the semester of the calendar year in the course of which default interest began to run, increased by 8 percentage points.
A calculation simulator allows companies to assess the amount of default interest owed by a buyer who does not meet regulatory deadlines:
Calculating default interest on public procurement
End of payment period | Method of calculating default interest | Rate of default interest |
|---|---|---|
Between 1er January 2026 and June 30, 2026 | ECB rates (2.15% to 1er January 2025) + 8 | 10.15% |
Between 1er July 2025 and December 31, 2025 | ECB rates (2.15% to 1er January 2025) + 8 | 10.15% |
Between 1er January 2025 and June 30, 2025 | ECB rates (3.15% to 1er January 2025) + 8 | 11.15% |
Between 1erJuly 2024 and December 31, 2024 | ECB rates (4.25% to 1er July 2024) + 8 | 12.25 per cent |
Between 1er January 2024 and June 30, 2024 | ECB rates (4.5% to 1er January 2024) + 8 | 12.5% |
Between 1er July 2023 and December 31, 2023 | ECB rates (4% to 1er July 2023) + 8 | 12% |
Between 1er January 2023 and June 30, 2023 | ECB rates (2.5% to 1er January 2023) + 8 | 10.5% |
Between 1er July 2022 and December 31, 2022 | ECB rates (0.00% to 1er July 2022) + 8 | 8.00% |
Between 1er January 2022 and June 30, 2022 | ECB rates (0.00% to 1er January 2022) + 8 | 8.00% |
Between 1er July 2021 and December 31, 2021 | ECB rates (0.00% to 1er July 2021) + 8 | 8.00% |
Between 1er January 2021 and June 30, 2021 | ECB rates (0.00% to 1er January 2021) + 8 | 8.00% |
Example :
For a payment period that expires on March 24, the interest due must be calculated from 25 march, depending on the rate in force to 1er January.
For a payment period which expires on 24 July, the rate in force on 1er july.
Calculation of default interest
Starting point for default interest
Payment of default interest and lump sum compensation for recovery costs
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Conditions for granting an advance to the contract holder
Calculation of the amount of the advance according to the duration of the contract
Amount and periodicity of installments
Payment period for contracting authorities
Payment terms for health facilities and public companies
Starting point of the payment period
Calculation of default interest
Starting point for default interest
Payment of default interest and lump sum compensation for recovery costs
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