The concession contract is awarded to the bidder who has submitted the best offer with regard to the overall economic advantage for the conceding authority on the basis of several objective, precise criteria linked to the subject of the concession contract or its performance conditions. Where the management of a public service is awarded under a concession, the awarding authority will also base its decision on the quality of the service provided to users.
The award criteria will not give the awarding authority unlimited freedom of choice and will guarantee effective competition. They shall be made public in accordance with the conditions laid down by decree in the Conseil d’Etat.
The procedures for applying this article shall be laid down by regulation.