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Part 4 · Award of Public Contracts and Concessions  ›  Division 2 · Award of Public Contracts by Public Contracting Authorities › Section 139

Special Exception for Awards by or to a Joint Venture

(1) This Part shall not apply to the award of public contracts

1.  that are granted by a joint venture, formed exclusively by several sector contracting entities to carry out sector activities, to one of these sector contracting entities or

2.  that are granted by a sector contracting entity that is part of a joint venture within the meaning of no 1 to said joint venture.

(2) It is required that

1.  the joint venture within the meaning of subsection (1) no 1 has been formed to carry out the relevant sector activity over a period of at least three years, and

2.  the instrument setting up the joint venture stipulates that the sector contracting entities forming the joint venture will be part of the joint venture for at least the same period.

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