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According to Article 183 of that code, entitled ‘Project financing’: ‘1. In relation to public works or works in the public interest, including works concerning structures intended for leisure boating, included in the programming instruments officially adopted by the contracting authority under the legislation in force, including port plans, which can be fully or partly financed by private capital, contracting authorities may, instead of awarding contracts by means of a concession under Part III, award a concession by means of a tender procedure on the basis of the feasibility project, by publishing a contract notice calling for the submission of tenders envisaging the use of resources provided in full or in part by the persons submitting proposals. In any event, for infrastructure relating to track work, the corresponding proposals must be included in the programming instruments adopted by the Ministry of Infrastructure and Transport. 2. The contract notice shall be published in accordance with the procedures laid down in Article 72 or Article 36(9), depending on the value of the works, and the tender procedure shall be based on the feasibility project prepared by the contracting authority. The feasibility project on which the tender procedure is based shall be prepared by personnel of the contracting authority who personally meet the requirements necessary for preparation of that project, belonging to the various professions involved in the multidisciplinary approach that informs the feasibility project. Where there are insufficient adequately skilled personnel, the contracting authorities may engage third parties, chosen in accordance with the procedures laid down by this code, to draft the feasibility project. The costs incurred in outsourcing activities to third parties may be included in the economic scope of the work. … 15. Economic operators may submit proposals to the contracting authorities to perform, on the basis of a concession, public works or works in the public interest, including works concerning structures intended for leisure boating, that are not included in the programming instruments officially adopted by the contracting authority under the legislation in force. The proposal shall contain a feasibility project, a draft agreement, the economic and financial plan certified by one of the entities referred to in the first sentence of Article 183(9) and the service and management specifications. In the case of structures for leisure boating, the feasibility project must describe the qualitative and functional characteristics of the work and the scope of the requirements to be satisfied and the specific services to be provided, must contain a study including a description of the project and the data necessary to determine and assess the principal effects that the project may have on the environment, and must be supplemented in accordance with any specific requests by the Ministry of Infrastructure and Transport, adopted by means of decrees of that ministry. The economic and financial plan shall include the amount of expenditure incurred in preparing the proposal, including royalties in respect of intellectual works under Article 2578 of the Civil Code. The proposal shall be accompanied by declarations on honour relating to compliance with the conditions referred to in Article 183(17), the surety referred to in Article 93 and the undertaking to provide surety for the amount indicated in the third sentence of Article 183(9) in the event of a call for competition. The contracting authority shall assess the feasibility of the proposal within a strict time limit of three months. The contracting authority may for that purpose invite the person submitting the proposal to make any changes to the feasibility project necessary for it to be approved. If the person submitting the proposal does not include the requested modifications, the proposal may not be evaluated as feasible. The feasibility project, modified if applicable, shall be included in the programming instruments adopted by the contracting authority under the legislation in force and shall be approved in accordance with the procedures applicable to the approval of projects. The person submitting the proposal must include any further modifications requested at the project approval stage, and the project shall otherwise be deemed not to have been approved. The approved feasibility project shall serve as the basis for the tender procedure, in which the person submitting the proposal shall be invited to participate. In the contract notice, the contracting authority may ask participants, including the person making the proposal, to submit alternative scenarios for the project. The contract notice shall indicate that the promoter may exercise its pre-emptive right. The participants, including the promoter, must satisfy the requirements laid down in Article 183(8) and shall submit a bid containing a draft agreement, the economic and financial plan certified by one of the entities referred to in the first sentence of Article 183(9), the service and management specifications and any alternative scenario for the feasibility project. Article 183(4), (5), (6), (7) and (13) shall apply. If the promoter is not awarded the contract, it may, within 15 days from notification of the award, exercise its pre-emptive right and be awarded the contract if it undertakes to comply with the contractual obligations on the same terms as those proposed by the successful bidder. If the promoter is not awarded the contract and does not exercise its pre-emptive right it will be entitled to be reimbursed, by the successful bidder, the amount of the expenditure incurred in preparing the proposal up to the limits referred to in Article 183(9). If the promoter exercises its pre-emptive right, the initial successful bidder will be entitled to be reimbursed, by the promoter, the amount of the expenditure incurred in preparing its bid up to the limits referred to in Article 183(9). 16. The proposals referred to in the first sentence of Article 183(15) may relate to all procurement on a public-private partnership basis instead of to concessions. …’