S.L. 601.09
Concession Contracts Regulations, regulation by regulation.
The consolidated text in force: every Part and every regulation (125 in all), with a link to each sub-regulation and paragraph.
Consolidated text in force from 17 May 2024, as published on legislation.mt. official text
The Maltese and the English texts are both official; where they conflict, the Maltese text prevails. This page shows the English text.
Part I
General Provisions
Interpretation and scope
Applicability
- 4Transitory provision
- 5Non-applicability to concessions awarded by contracting authorities and contracting entities
- 6Non-applicability in the field of electronic communications
- 7Non-applicability in the field of water
- 8Exclusion of activities which are directly exposed to competition
- 9Social and other specific services
- 10Research and development services
The Office of the Director of Contracts
The Contracting Authority and Contracting Entity
Affiliated undertakings
Joint ventures
Concessions between Entities within the Public Sector
- 22Concessions between entities within the public sector
- 23Circumstances where a contracting authority or contracting entity can award a tender to a body governed by public law over which it does not exercise control
- 24Contracts concluded exclusively between two or more contracting authorities or contracting entities
- 25Determination of the percentage of activities
Mixed contracts
- 26Mixed contracts
- 27Mixed concessions consisting partly of social and other specific services and partly of other services
- 28Mixed contracts covered by Article 346 of the TFEU, by S.L. 601.07 or these regulations
- 29Contracts intended to cover several activities
- 30Applicable regulations on contracts which include parts that are objectively separable and others which include parts that are not objectively separable
- 31Contracts which have as their subject-matter elements covered by these regulations as well as other elements
- 32Regulations on contracts which include different parts that are not objectively separable
- 33Mixed procurement contracts involving defence or security aspects
- 34Contracts covering both activities referred to in Schedule 2 and other activities
- 35Concessions covering both activities referred to in Schedule 2 and activities involving defence or security aspects
Special Contracts Committee and Evaluation Committee
- 36Special Contracts Committees
- 37Composition of the Special Contracts Committee
- 38Removal
- 39Disqualification
- 40Resignation
- 41Declaration that a member has a conflict of interest
- 42Secretaries
- 43Meetings
- 44Modus operandi
- 45Decisions
- 46Role
- 47Publication of tenders
- 48Evaluation Committee
- 49Voting
- 50Specialised support
- 51Role of the Evaluation Committee
Boards and Tribunals
Methods for calculating the estimated value of concessions
Part II
The Process
Setting Up of Procedure
- 61Choice of procedure
- 62Procedural guarantees
- 63Confidentiality
- 64Disclosure of non-confidential information
- 65Information to the bidders about the selected procedure
- 66Recording of the stages
- 67Negotiations
- 68Procedural guarantees for tenders with an estimated value which meets or exceeds the value in Schedule 3
- 69Time limits for receipt of applications and tenders for the concession
- 70Technical and functional requirements
- 71Use of CPV Codes
- 72Duration of the concession
- 73Limit on the duration of a concession
- 74Reserved concessions
- 75Methods of communication
- 76Electronic availability of concession documents
Qualitative Assessment and Selection of Candidates, Economic Operators and Tenderers.
Award of Contract
Exclusion and Black Listing of Candidates, Economic Operators and Tenderers
Part III
Rules on Performance of Concession Contracts
Rules relating to subcontractors
Modifications of the Concession Contracts
- 85Modification of concession contracts during their term
- 86Decision of the contracting authority or the contracting entity
- 87Record of the modifications
- 88Content of the approved modification
- 89Consent of the concessionaire to execute the modification
- 90Unlawful modifications
- 91Action to recoup payments
- 92Duty on contractors
- 93Disputes on modifications
Termination of Concession Contracts
Part IV
Rules common to Concessions which meet or exceed the threshold
Part V
Remedies
Remedies before Closing Date of a Call for Competition
Appeals from Decisions taken after the Closing Date for the Submission of a Tender
Ineffectiveness of a Concession Contract
Schedules
- Schedule 1List of contracting authorities
- Schedule 2List of the Activities referred to in the definition of Execution of Works
- Schedule 3Values of thresholds
- Schedule 4Activities exercised by Contracting Entities
- Schedule 5List of legal acts of the union referred to in sub-paragraph (ii) of the proviso to the definition of the term contracting entity [Regulation 2(2)]
- Schedule 6Services referred [Regulation 8(2)]
- Schedule 7Information to be included in Concession Notices
- Schedule 8Information to be included in Prior Information Notices concerning Concessions for Social and Other Specific Services [Regulation 95(3)]
- Schedule 9Information to be included in Concession Award Notices
- Schedule 10Information to be included in Concession Award Notices concerning Concessions for Social and Other Specific Services
- Schedule 11Features concerning Publication
- Schedule 12List of International Social and Environmental Conventions
- Schedule 13Information to be included in Notices of Modifications of a Concession during its term
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