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Chapter XIX - Special Rules Pertaining to Concessions Having a Particular Subject-Matter (129. §)

Rules pertaining to social and other services

129. §

1.    In the case of social and other services specified in Annex 3, the provisions set out in this Part shall be applied subject to the derogations laid down in this Article.

2.    The publication of concession award procedures may be made in a prior information notice. The prior information notice published shall have the contents specified in a separate act of legislation. The prior information notice announcing the procedure shall invite economic  operators to express their  interest  by the time limit set therein. The data concerning the subject-matter of the concession shall be given in  the  prior information notice announcing the procedure in such a way as to make it possible for economic operators to assess whether they intend to participate in the procedure.  In this  case,  the notice launching the concession award procedure shall be sent directly to economic operators who have expressed their interest in the procedure. A notice shall be dispatched, allowing an appropriate period, concerning any changes made to the data included in the prior information notice, while economic operators shall  be  notified directly of any modification in the notice launching the procedure, which was sent directly.266

3.    The contracting authority or contracting entity shall have the right to choose more than one winner with whom the service concession contract or contracts will be concluded. The contracting authority or contracting entity may derogate from Article 125 as required by the specific features of the given service and the organisation thereof, but in any case it shall ensure that the evaluation is based on objective criteria known in advance to economic operators and the relative weight of each criterion is known in advance to economic operators.

4.    The contracting authority or contracting entity may stipulate that the contract shall be performed in person by the tenderer and shall have the right to preclude involvement of other economic operators in the certification of suitability.