Chapter I: Determining the applicable procedural rules

The concession-granting authority is free to organise an advertising and competitive tendering procedure leading to the selection of the concessionaire in compliance with the provisions of Chapters I to V of this Title and the procedural rules laid down by decree in the Conseil d’Etat. It may have recourse to negotiation. These provisions apply subject to the specific rules of Chapter VI of this Title.

Notwithstanding the provisions of article L. 3121-1, the concession-granting authority may award a concession contract without prior advertising or competitive tendering in the cases set by decree in the Conseil d’Etat, when, due in particular to the existence of an unsuccessful initial procedure or a particular urgency, compliance with such a procedure is unnecessary or impossible or manifestly contrary to the interests of the concession-granting authority.