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The Concession Contracts Regulations 2016

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Meaning of “concession contract”

    4. 4.Meaning of “contracting authorities”

    5. 5.Meaning of “utilities”

    6. 6.Meaning of “concession notice”

  3. PART 2 Scope and principles

    1. CHAPTER 1 Concession contracts to which these Regulations apply

      1. 7.Subject-matter and scope of these Regulations

      2. 8.Principle of equal treatment, non-discrimination and transparency

      3. 9.Threshold amounts and methods for calculating the estimated value of concession contracts

    2. CHAPTER 2 Exclusions

      1. 10.General exclusions

      2. 11.Specific exclusions in the field of electronic communications

      3. 12.Specific exclusions in the field of water

      4. 13.Concession contracts awarded to an affiliated undertaking

      5. 14.Concession contracts awarded to a joint venture or to a utility forming part of a joint venture

      6. 15.Notification of information by utilities

      7. 16.Exclusion of activities which are directly exposed to competition

      8. 17.Concession contracts between entities within the public sector

    3. CHAPTER 3 General Provisions

      1. 18.Duration of the concession contract

      2. 19.Social and other specific services

      3. 20.Mixed contracts

      4. 21.Mixed procurement contracts involving defence or security aspects

      5. 22.Contracts covering both activities listed in Schedule 2 and other activities

      6. 23.Contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects.

    4. CHAPTER 4 Specific Situations

      1. 24.Reserved concession contracts

      2. 25.Research and development services

    5. CHAPTER 5 Principles

      1. 26.Economic operators

      2. 27.Nomenclatures

      3. 28.Confidentiality

      4. 29.Rules applicable to communication

  4. PART 3 Rules on the award of concession contracts

    1. CHAPTER 1 General principles

      1. 30.Design of the award procedure

      2. 31.Concession notices

      3. 32.Concession award notices

      4. 33.Form and manner of publication of notices

      5. 34.Electronic availability of concession documents

      6. 35.Combating corruption and preventing conflicts of interest

    2. CHAPTER 2 Procedural guarantees

      1. 36.Technical and functional requirements

      2. 37.Procedural guarantees

      3. 38.Selection of and qualitative assessment of candidates

      4. 39.Time limits for receipt of applications and tenders for the concession contract

      5. 40.Informing candidates and tenderers

      6. 41.Award criteria

  5. PART 4 Rules on the performance of concession contracts

    1. 42.Subcontracting

    2. 43.Modification of concession contracts during their term

    3. 44.Termination of concession contracts

    4. 45.Reporting requirements

  6. PART 5 Remedies

    1. CHAPTER 1 Facilitation of remedies

      1. 46.Scope of Chapter 1

      2. 47.Notices of decisions to award a concession contract

      3. 48.Standstill period

    2. CHAPTER 2 Applications to the court

      1. 49.Interpretation of Chapter 2

      2. 50.Duty owed to economic operators from EEA states

      3. 51.Duty owed to economic operators from certain other states

      4. 52.Enforcement of duties through the Court

      5. 53.General time limits for starting proceedings

      6. 54.Special time limits for seeking a declaration of ineffectiveness

      7. 55.Starting proceedings

      8. 56.Concession contract-making suspended by challenge to award decision

      9. 57.Interim orders

      10. 58.Remedies where the concession contract has not been entered into

      11. 59.Remedies where the concession contract has been entered into

      12. 60.Grounds for ineffectiveness

      13. 61.General interest grounds for not making a declaration of ineffectiveness

      14. 62.The consequences of ineffectiveness

      15. 63.Penalties in addition to, or instead of, ineffectiveness

      16. 64.Injunctions against the Crown

  7. PART 5A Processing of invoices submitted electronically

    1. 64A.Contractual provisions relating to the processing of electronic invoices

    2. 64B.Application of regulation 64A to utilities and sub-central contracting authorities

  8. PART 6 Miscellaneous

    1. 65.Review of these Regulations

    2. 66.General transitional provision

  9. Signature

    1. SCHEDULE 1

      ACTIVITIES CONSTITUTING WORKS

      1. In this Schedule, ‘NACE’ has the same meaning as in...

    2. SCHEDULE 2

      ACTIVITIES EXERCISED BY UTILITIES

      1. 1.Gas and heat

      2. 2.Electricity

      3. 3.Transport services

      4. 4.Ports and airports

      5. 5.Postal services

      6. 6.Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

    3. SCHEDULE 3

      SOCIAL AND OTHER SPECIFIC SERVICES

  10. Explanatory Note

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