PART 3Rules on the award of concession contracts

CHAPTER 2Procedural guarantees

Informing candidates and tenderers40

1

The contracting authority or utility shall as soon as possible inform each candidate and tenderer of decisions reached concerning the award of a concession contract, including—

a

the name of the successful tenderer; and

b

the grounds for any decision—

i

to reject its application or tender,

ii

not to award a contract for which there has been publication of a concession notice, or

iii

to recommence the procedure.

2

On request from the party concerned, the contracting authority or utility shall as quickly as possible, and in any event within 15 days from receipt of a request in writing, inform any tenderers that have made an admissible tender of the characteristics and relative advantages of the tender selected.

3

The contracting authority or utility may decide to withhold certain information referred to in paragraphs (1) and (2) where the release of such information—

a

would impede law enforcement or would otherwise be contrary to the public interest;

b

would prejudice the legitimate commercial interests of a particular economic operator, whether public or private; or

c

might prejudice fair competition between economic operators.