The submission of unsolicited proposals of concessions or PPPs can be done to contracting authorities by private entities interested to be part of the concession or PPP implementation. Prior to assessing the unsolicited proposals, contracting authorities should check the fulfilment of minimum legal requirements, verifying if the submitted unsolicited proposal is part of those sectors for which the legislation recognizes the opportunity to perform the concession and PPP procedures.
Nonetheless, the legislation recognizes in special cases the possibility for contracting authorities to propose to the Council of Ministers through the line ministry regarding a project’s area of activity, if considered reasonable and necessary, to approve the implementation of concessionary projects or PPPs, also in other sectors besides those expressively approved by the law. In such cases, the Council of Ministers’ approval regarding the performance of concession or PPP procedures, for a project that is not part of the sectors approved by the law, must be granted by a special decision.
Further on, contracting authorities should verify if the unsolicited proposal is related to a concession or PPP for which respective legal procedures have commenced or have been published. Besides this preliminary verification, contracting authorities should verify the fulfilment of requirements regarding the format of unsolicited proposals.
Such proposals may be submitted by private entities in unsolicited proposal with a feasibility study, which must include the reasoning of the decision for granting of the concession/PPP, or unsolicited proposal in a developed format, containing a range of technical, economic and financial analyses. The unsolicited proposal submitted in this last case, contains in detail the technical analysis, the social and environmental impact assessment and the economic-assessments.
The contracting authority and ATRAKO shall establish a special commission, which implements tasks and follows legal procedures. During the assessment of the unsolicited proposals the commission must draft a summary report regarding the specific project. During the time of the preparation of the summary report, the contracting authority may request additional information to the proposing party, for the completion of the report.
Based on the assessment summary report drafted by the commission, the contracting authority may decide to refuse the unsolicited proposal, to return for completion of the unsolicited proposal or to accept the proposal. In all these cases, the decisions of the contracting authority are communicated in writing to entities that have submitted unsolicited proposals.
In cases when the contracting authority decides to accept the unsolicited proposal, it continues with the procedure through the drafting of a feasibility study. Independent from the data submitted by the private entity in the unsolicited proposal, the feasibility study must be considered as a product of the contracting authority. Terms regarding the completion of the feasibility studies of unsolicited proposals are of 60 working days from the date of the establishment of the concession/PPP commission, that can be postponed by up to 30 working days in the case of complex projects.
Based on the feasibility studies, is calculated the estimated value of the PPP project, including all possible changes and contract options, excluding VAT. The estimated value of public-private partnership is calculated according to the provisions of public procurement legislation. Based on the feasibility study outcomes, if proven that the project complies with all such requirements and it receives a positive assessment, then contracting authorities can continue with the procedure for granting the concession/PPP.
Even in the case of unsolicited proposals, if financial support should be requested for the realization of the project, the contracting authorities shall send the project for approval to the Ministry of Finance. In cases where an unsolicited proposal is accepted, and procedures for granting the concession or the PPP are continued, the proposing private entity will become subject to competitive tender proceedings, to be undertaken through a transparent and non-discriminative process, in which other private entities interested in implementing the respective project shall also be invited to participate and to submit offers.