S.L. 601.9 Art. 16Obligations of a contracting authority or contracting entity.

(1) It shall be the duty of all contracting authorities or contracting entities to:

(a) observe these regulations;

(b) obtain the prior written consent of the Director before publishing a concession document;

(c) publish concessions through government’s e-procurement platform unless otherwise approved in writing by the Director: Provided that where the Director approves the publication of the said concession documents through means other than the e-procurement platform the contracting authority or the contracting entity shall publicise the publication and the award of the concession in question in the Gazette;

(d) administer the process leading to the award of a concession contract;

(e) open offers in public;

(f) publish the names of the bidders and if applicable any prices quoted, either through Government’s e-procurement platform or on the notice board at the contracting authority’s or the contracting entity’s premises;

(g) sign, as the case maybe, the contract with the bidder who has been recommended for award;

(h) monitor the implementation of the procurement procedure, the ensuing contract and contractual relationship including any remission or imposition of penalties;

(i) ensure that in the performance of concession contracts economic operators and their sub-contractors comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Schedule 12;

(j) make any payments resulting from the implementation of the contract;

(k) forward a copy of the contracts to the Director within two working days from the date when these are signed;

(l) institute and defend any judicial or arbitral proceedings that may be necessary in relation to any contract to be signed or that has been signed by them;

(m) notify the Commission, if so requested by the latter, of the following information regarding the application of regulations 18, 19 and 21:

(i) the names of the undertakings or joint ventures concerned;

(ii) the nature and value of the concessions involved;

(iii) proof, deemed necessary by the Commission, that the relationship between the undertaking or joint venture to which the concessions are awarded and the contracting entity complies with the requirements of regulations 17 to 21.

(2) In forwarding the request for the prior approval of the Director as established under sub-regulation (1)(b), the contracting authority or the contracting entity shall include the following:

(a) a copy of the proposed concession documents;

(b) where the process is split in numerous stages, a copy of the concession documents that will be used during the process; and

(c) a list of the persons that will be involved in the process.

(3) Where a contacting authority or contracting entity is not listed under any schedule it shall have the same obligations of an authority listed under Schedule 1.

Affiliated undertakings