PART 3Award and modification of public service contracts
Direct award of rail contracts in exceptional circumstances18.
(1)
Where it considers that it is justified by exceptional circumstances, a competent authority may, on a temporary basis, directly award a new public service contract for public passenger transport services by rail where the previous contract was awarded on the basis of a competitive tendering procedure.
(2)
For the purposes of paragraph (1), exceptional circumstances include situations in which—
(a)
a number of competitive tendering procedures are already being run by the competent authority or other competent authorities which could affect the number and quality of bids likely to be received if the contract were to be the subject of a competitive tendering procedure, or
(b)
changes to the scope of one or more public service contracts are required in order to optimise the provision of public services.
(3)
The competent authority must publish any contract awarded pursuant to this regulation on its website, taking into consideration the protection of commercially sensitive information and commercial interests.
(4)
While not exceeding the period specified in regulation 9(1)(c), the duration of a contract awarded pursuant to this regulation must also be proportionate to the exceptional circumstances concerned.
(5)
A subsequent contract that concerns the same public service obligations must not be awarded on the basis of this provision.