Section 2: Participation conditions

The concession-granting authority may not impose conditions on the participation of candidates in the award procedure other than those designed to ensure that they have the ability to carry out the professional activity, the economic and financial capacity or the technical and professional capability necessary to perform the concession contract.Where the management of a public service is conceded, these conditions of participation may relate in particular to the ability of…

After examining the abilities and aptitudes of the candidates, the conceding authority eliminates incomplete or inadmissible applications and draws up the list of candidates admitted to participate in the rest of the procedure for awarding the concession contract.

An application submitted by a candidate who may not take part in the procurement procedure pursuant to Articles L. 3123-1 to L. 3123-14, L. 3123-16 and L. 3123-17 or who does not possess the capacities or skills required pursuant to this section is inadmissible.

For the award of a defence or security concession contract, the awarding authority may exclude an economic operator that does not have the technical capability. This capacity is assessed, in particular, with regard to the location outside the territory of the European Union of the tools, equipment, technical facilities, personnel, know-how and sources of supply available to it to carry out the concession, to cope with any increases in requirements…