Concession Contracts Regulations (S.L. 601.9)

Inhalt

1. Art. 1 Citation.
2. Art. 2 Interpretation. S.L. 601.03 S.L. 601.03 S.L. 601.03 S.L. 601.03 S.L. 601.03 S.L. 601.07 S.L. 601.05
3. Art. 3 Scope.
4. Art. 4 Transitory provision.
5. Art. 5 Non-applicability to concessions awarded by contracting authorities and contracting entities. S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07
6. Art. 6 Non-applicability in the field of electronic communications
7. Art. 7 Non-applicability in the field of water.
8. Art. 8 Exclusion of activitieswhichare directly exposed to competition. S.L. 601.05
9. Art. 9 Social and other specific services.
10. Art. 10 Research and development services.
11. Art. 11 Director of Contracts and liability. S.L. 601.03
12. Art. 12 Functions and powers of the Director. S.L. 601.03
13. Art. 13 Non-Observance of these regulations.
14. Art. 14 Fraud and corruption.
15. Art. 15 Request for information.
16. Art. 16 Obligations of a contracting authority or contracting entity.
17. Art. 17 Affiliated undertaking.
18. Art. 18 Affiliated undertakings which are not subjecttoDirective 2013/34/EU.
19. Art. 19 Non-applicability to concessions awarded to affiliated undertakings and joint ventures.
20. Art. 20 Limitation on the non-applicability to affiliated undertakings and joint ventures.
21. Art. 21 Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture.
22. Art. 22 Concessions between entities within the public sector.
23. Art. 23 Circumstances where a contracting authority or contracting entity can award a tender to a body governed by public law over which it does not exercise control.
24. Art. 24 Contracts concluded exclusively between two or more contracting authorities or contracting entities.
25. Art. 25 Determination of the percentage of activities.
26. Art. 26 Mixed contracts.
27. Art. 27 Mixed concessions consistingpartlyof social and other specific services and partly of other services.
28. Art. 28 Mixed contracts covered by Article 346 of the TFEU, by S.L. 601.07 or these regulations. S.L. 601.07
29. Art. 29 Contracts intended to cover several activities. S.L. 601.05
30. Art. 30 Applicable regulations on contracts which include parts that are objectively separable and others which include parts that are not objectively separable.
31. Art. 31 Contracts which have as their subject-matter elements covered by these regulations as well as other elements. S.L. 601.03 S.L. 601.05
32. Art. 32 Regulations on contracts which include different parts that are not objectively separable.
33. Art. 33 Mixed procurement contractsinvolving defence or security aspects. S.L. 601.07 S.L. 601.05 S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07
34. Art. 34 Contracts covering both activities referred to in Schedule 2 and other activities. S.L. 601.07 S.L. 601.03 S.L. 601.05 S.L. 601.03 S.L. 601.03 S.L. 601.05
35. Art. 35 Concessions covering both activities referred to in Schedule 2 and activities involving defence or security aspects. S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07
36. Art. 36 Special Contracts Committees.
37. Art. 37 Compositionofthe Special Contracts Committee.
38. Art. 38 Removal.
39. Art. 39 Disqualification
40. Art. 40 Resignation.
41. Art. 41 Declaration that a member has a conflict of interest.
42. Art. 42 Secretaries.
43. Art. 43 Meetings.
44. Art. 44 Modus operandi.
45. Art. 45 Decisions.
46. Art. 46 Role.
47. Art. 47 Publication of tenders.
48. Art. 48 Evaluation Committee.
49. Art. 49 Voting.
50. Art. 50 Specialised support.
51. Art. 51 Role of the Evaluation Committee.
52. Art. 52 Public Contracts Review Board and Commercial Sanction Tribunal. S.L. 601.03
53. Art. 53 Calculating the estimated value of concessions.
54. Art. 54 Time when estimate is valid.
55. Art. 55 Use of an objective method in calculating estimated value.
56. Art. 56 Value of concession when proposed work or service is split into lots.
57. Art. 57 Thresholds.
58. Art. 58 Economic operators established in another Member State.
59. Art. 59 Regulations on how groups of economic operators shall meet the requirements.
60. Art. 60 Principle of equal treatment, non- discrimination and transparency.
61. Art. 61 Choice of procedure.
62. Art. 62 Procedural guarantees. S.L. 601.03 S.L. 601.03
63. Art. 63 Confidentiality.
64. Art. 64 Disclosure of non- confidential information.
65. Art. 65 Information to the bidders about the selected procedure.
66. Art. 66 Recording of the stages.
67. Art. 67 Negotiations.
68. Art. 68 Procedural guarantees for tenders with an estimated value which meets or exceeds the value in Schedule 3.
69. Art. 69 Time limits for receipt of applications and tenders for the concession.
70. Art. 70 Technical and functional requirements.
71. Art. 71 Use of CPV Codes.
72. Art. 72 Duration of the concession.
73. Art. 73 Limit on the duration of a concession.
74. Art. 74 Reserved concessions.
75. Art. 75 Methods of communication.
76. Art. 76 Electronic availability of concession documents.
77. Art. 77 Qualitative assessment of candidates, economic operators and tenderers.
78. Art. 78 Reliance on the capacities of other entities.
79. Art. 79 Award criteria.
80. Art. 80 Provision of information to candidates.
81. Art. 81 Applicability of Part VI of the Public Procurement Regulations. S.L. 601.03
82. Art. 82 Furthergroundsfor exclusion.
83. Art. 83 Obligations on subcontractors.
84. Art. 84 Disclosure of level of sub-contracting.
85. Art. 85 Modification of concession contracts during their term.
86. Art. 86 Decision of the contracting authority or the contracting entity.
87. Art. 87 Record of the modifications.
88. Art. 88 Content of the approved modification.
89. Art. 89 Consent of the concessionaire to execute the modification.
90. Art. 90 Unlawful modifications.
91. Art. 91 Action to recoup payments.
92. Art. 92 Duty on contractors.
93. Art. 93 Disputes on modifications.
94. Art. 94 Termination of concession contracts. S.L. 601.03
95. Art. 95 Concession notices. S.L. 601.03
96. Art. 96 Concession award notices.
97. Art. 97 Form and manner of publication of notices.
98. Art. 98 Remedies before closing date of a call for competition;
99. Art. 99 Publication of the application.
100. Art. 100 Reply to the application.
101. Art. 101 Decision by the Public Contracts Review Board.
102. Art. 102 Suspension of the process.
103. Art. 103 New deadline for the submission of offers.
104. Art. 104 Implementation.
105. Art. 105 No charge for this type of application.
106. Art. 106 Appeals from decisions taken after the closing date for the submissions of a tender.
107. Art. 107 Filing of the application.
108. Art. 108 Communication to the tenderer or candidate.
109. Art. 109 Deposit.
110. Art. 110 Service on the Director and contracting authority or contracting entity.
111. Art. 111 Suspension of the process.
112. Art. 112 Procedure of the appeal. Ineffectivenessof contract.
113. Art. 114 Request for compensation.
114. Art. 115 Service of the notice.
115. Art. 116 Decision of the Public Contracts Review Board.
116. Art. 117 Penalties.
117. Art. 118 Admissibility of applications.
118. Art. 119 Appeal to the court of appeal. Cap. 12.
119. Art. 120 Parties to the appeal.
120. Art. 121 Hearing.
121. Art. 122 Appeal by the contracting authority or the contracting entity.
122. Art. 123 Frivolous and vexatious applications.
123. Art. 124 Extension of time- limits.
124. Art. 125 Re-trial. by: 112 of 2024. of the Electoral Services of Office/ Office/ of Corporate Liberties/ of Corporate Office/ Secretary’s of Secretary’s and Climate Services Economy/ of Corporate • Armed • • Public • • • • • • Funds • Malta • Malta • Grand • Malta • • Paying • • • • EU • • • • Project • • •