Subsection 1: General requirements of the licensing authority

The conceding authority verifies the conditions of participation relating to the capacities and aptitudes of the candidates necessary for the proper execution of the concession contract.

The conceding authority may only require from candidates information and documents that are non-discriminatory and proportionate to the subject of the concession contract, as well as information and documents relating to the powers of the persons authorised to bind them.In particular, it may require legal entities to indicate, in their application, the names and professional qualifications of the persons who will be responsible for the performance of the concession contract.

If justified by the subject or conditions of the contract, the awarding authority may require information relating to the prior authorisation of candidates, pursuant to articles R. 2311-1 et seq. of the French Defence Code. It may grant those who are not authorised at the time of submitting their application an additional period to obtain this authorisation. It indicates this period in the notice of concession or, in the absence…

Where the conceding authority decides to require minimum levels of capacity from candidates, these must be linked and proportionate to the purpose of the concession contract.

The information, documents and minimum levels of capacity required under this subsection are specified by the awarding authority in the concession notice or, in the absence of such a notice, in another consultation document.