New Law on Concessions and PPPs - Selection by a special commission, monitoring by the Contract Implementation Unit
The Law "On Concessions and Public-Private Partnerships" is expected to be amended by introducing new legal provisions. The draft law has been submitted to the Parliament, while according to the accompanying report it aims to create a clear, sustainable and competitive framework for the promotion of private investments through concessions and public-private partnerships (PPP).
According to the draft, the award of a concession contract or PPP will go through several mandatory stages. Initially, the project will be identified by public authorities and will be subject to a full feasibility study, where the costs, benefits, environmental impact and risk sharing are analyzed. This study must be approved by the Ministry of Finance, to ensure that it does not create a risk for the state budget. Subsequently, a special commission with legal and financial experts will be established, which will prepare the documentation of the procedure and announce the public competition. The establishment of this commission was considered positive by the American Chamber of Commerce during the phase when the draft was in public consultation, but according to it, the process of selecting its members is not clear, creating a risk of interference and lack of credibility in decision-making. In its comments, the chamber underlined the necessity of establishing independent and impartial evaluation structures to guarantee a fair selection of concession projects.
The contract is expected to be monitored by the Contract Implementation Unit, which must draft and submit to the contracting authority, at least, four periodic reports per year on the financial and non-financial performance of the contracts. The American Chamber suggested strengthening control mechanisms, including the obligation to report to an independent constitutional body, such as the Supreme State Audit Office.
Meanwhile, the draft law does not provide for the awarding of concession contracts or PPPs through unsolicited proposals and the rewarding of private companies that submitted them with up to 10% bonus of the total competition points.

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