Art. 173. Time-limits, general principles and award criteria

1. Concessions shall be awarded on the basis of the principles set out in Article 30.

2. Where the procedure takes place in successive steps, the minimum time limit for the receipt of initial tenders shall be of twenty-two days. Article 79, paragraphs 1 and 2 shall apply

3. If the contracting authority or entity receives a tender which proposes an innovative solution with an exceptional level of functional performance which could not have been foreseen by using ordinary diligence, the contracting authority or entity may, exceptionally, modify the ranking order of the award criteria referred to in paragraph 2, to take into account that innovative solution. In that case, the contracting authority or entity shall inform all tenderers about the modification of the order of importance of the criteria and shall issue a new invitation to submit tenders, in respect of the minimal time limits of twenty-two days pursuant to the abovementioned paragraph 2, third period. Where the award criteria have been published at the moment of the publication of the concession notice, the contracting authority or entity shall publish a new concession notice, in respect of the minimum time limits of thirty days pursuant to paragraph 2, second period. The modification of the ranking order shall not result in discrimination.
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