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Part 4 · Award of Public Contracts and Concessions  ›  Division 2 · Award of Public Contracts by Public Contracting Authorities › Section 152

Requirements of the Concession Award Procedure

(1) For the tender specifications, Section 121(1) and (3) shall be applied mutatis mutandis.

(2) Concessions shall be awarded to eligible undertakings within the meaning of Section 122.

(3) The award shall be made on the basis of objective criteria used to ensure that the tenders are assessed under conditions of effective competition in order to identify an overall economic advantage for the concession grantor. The award criteria must be related to the subject matter of the concession and must not allow the grantor unrestricted freedom of choice. They may comprise qualitative, environmental or social concerns. The award criteria must be accompanied by a description that allows the information submitted by the tenderers to be reviewed effectively and an evaluation to be carried out as to whether and the extent to which the tenders meet the award criteria.

(4) The provisions on contract performance under Section 128 and on the mandatory contract performance conditions under Section 129 shall apply mutatis mutandis.

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