Art. 164. Object and scope of application

1. Without prejudice to the provisions set forth in Article 346 of TFUE, the provisions set forth in this Part define the rules applicable to the tender procedures for concession contracts for public works or services called by the contracting authorities, as well as by the contracting entities if the work or services are intended for one of the activities set forth in Annex II. Nevertheless, the provisions of this Part shall not apply to the measures, however denominated, by which the contracting authorities, upon the request of an economic operator, authorize an economic activity, establishing the relative terms and conditions, that can also be carried out by the use of installations or other public real estate.

2. Tender procedures for the award of concession contracts for public works or services shall be subject, to the extent compatible, to the provisions set forth in Part I and Part II of this Code with respect to the general principles, exclusions, manner and procedures for the award, the manner of publication and preparation of the notices and calls for tender, general and special requirements, grounds for exclusion, award criteria, manner of communication with candidates and bidders, the qualification prerequisites for the economic operators, the deadlines for the receipt of the requests to participate in the concession and for the bids, and terms for performance.

3. Non-economic services of general interest do not fall within the scope of application of this Part.

4. The provisions of this Code shall apply to public works contracts awarded by concessionaries who are the contracting authorities, except for derogations in this Part.

5. The concessionaries of public works that are not the contracting authorities, for work contracts entrusted to third parties, must comply with this Part as well as with the provisions set forth in Parts I and II on subcontracting, design, testing and safety plans, that are not expressly derogated from in this Part.