Article 198. Other provisions regarding tenders.

1. The proposals referred to in Article 193, paragraph 1, first sentence, may concern, as an alternative to the concession, all public-private partnership contracts. 2. Economic operators awarded public-private partnership contracts can always avail themselves of , even outside of project finance, of the right to establish a special purpose company pursuant to articles 194 and 195. 3. The institutional investors referred to in article 193, paragraph 1, fourth sentence, even outside of project finance, can participate in the tender, associating or forming a consortium with economic operators in possession of the requirements for the execution of the works or services, if they do not have them. Institutional investors can satisfy the request for economic, financial, technical and professional requirements by making use, even entirely, of the capabilities of other subjects. Institutional investors may also subcontract, even entirely, the services covered by the concession contract to companies in possession of the requirements required by the tender, provided that the name of the subcontractor is communicated, with its consent, to the granting body by the deadline of the deadline for submitting the offer. EFFECTIVE FROM: 1 July 2023


REPORT Article 198 contains provisions aimed at extending some peculiarities of project finance to all PPP contracts. It, as highlighted by the explanatory report, contains provisions "aimed, in part...


NEW • The article in question introduces provisions aimed at encouraging the use of public-private partnerships by investors. • Institutional investors can participate in the tender even in the abse...
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