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The Concession Contracts Regulations 2016
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- UK Statutory Instruments
- 2016 No. 273
- PART 2
- CHAPTER 5
- Regulation 26
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Changes over time for: Section 26
Alternative versions:
- 18/04/2016- Amendment
- 31/12/2020- Amendment
- 28/11/2023
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The Concession Contracts Regulations 2016, Section 26 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Economic operatorsE+W+N.I.
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26.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Legal persons may be required to indicate, in the tender or in the application, the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question.
Groups of economic operators
(3) Groups of economic operators, including temporary associations, may participate in concession contract award procedures and shall not be required by contracting authorities or utilities to have a specific legal form in order to submit a tender or an application.
(4) Where necessary, contracting authorities or utilities may clarify in the concession documents how groups of economic operators are to meet the requirements as to economic and financial standing or technical and professional ability referred to in regulation 38 provided that this is justified by objective reasons and is proportionate.
(5) Any conditions for the performance of a concession contract by such groups of economic operators which are different from those imposed on individual participants shall also be justified by objective reasons and shall be proportionate.
(6) Contracting authorities or utilities may require groups of economic operators to assume a specific legal form once they have been awarded the contract, to the extent that such a change is necessary for the satisfactory performance of the contract.
Textual Amendments
F1Reg. 26(1) omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 8(16) (with Sch. paras. 3-5)
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