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26.—(1) A contracting entity may—
(a)reserve the right to participate in a procurement for the award of a concession contract to supported business; or
(b)provide for such concession contracts to be performed in the context of a supported employment programme.
(2) In this regulation—
(a)“supported business” means an economic operator whose main aim is the social and professional integration of disabled and disadvantaged persons and where at least 30% of the employees of the economic operator are disabled or disadvantaged persons; and
(b)“supported employment programme” means an employment programme operated by an economic operator the main aim of which is the social and professional integration of disabled or disadvantaged persons and where at least 30% of those engaged in the programme are disabled or disadvantaged persons.
(3) If a contracting entity follows the approach set out in paragraph (1) it must specify that fact in the concession notice or, in the case of a concession contract for social and other specific services listed in Schedule 3, the prior information notice and refer to [F1this regulation].
Textual Amendments
F1Words in reg. 26(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(17) (with sch. paras. 1-5)
Commencement Information
27. These Regulations only apply to procurement for the award of a concession contract for research and development service which are covered by CPV Codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 provided that—
(a)the benefits accrue exclusively to the contracting entity for use in the conduct of its own affairs; and
(b)the service provided is wholly remunerated by the contracting entity.