CONCESSIONS LAW

No. 9663, dated 18.12.2006

Amended by:

Law No. 9995, dated 22.9.2008

Law No. 10137, dated 11.5.2009
Law No. 10157, dated 15.10.2009
Normative Act No. 1, dated 5.5.2010

Pursuant to articles 78 and 83 item 1of the Constitution and upon proposal of the Council
of Ministers,

People’s Assembly
ENACTS:

HEADING 1
GENERAL PROVISIONS

Article 1
Scope of the law

The purpose of this law is to create a favourable framework for promoting and facilitating
the implementation of privately financed Concession Projects enhancing transparency,
fairness, efficiency and long-term sustainability, while removing unnecessary restrictions
for private sector participation in development of infrastructure and public service
projects.
This law aims at further developing the general principles of transparency, efficiency and
fairness in the award of contracts by public authorities through the establishment of
specific procedures for the award of Concession Projects.

Article 2
Definitions

In the meaning used in this Law, the following terms shall mean:

1. “Bidder” or “Bidders”, means legal entities, including groups thereof, which

intend to participate or participate in a selection procedure concerning a Concession.
2. “Competitive Selection Procedure”, means the general procedure for the
selection of the Concessionaire in accordance with articles 10 to 21 to this law.
3. “Concession”, means the agreement, not withstanding the term, between the
Contracting Authority and which provides for the terms and requirements in terms of
which the Concessionaire:
a) provides an economic activity which would otherwise be carried out by Contracting
Authority related to concession project, management contract or other public
services;
b) Assumes all or substantial part of risks related to such economic activity;
c) Receives a benefit by way of:
(i) Direct payments paid by or on behalf of contracting authority;
(ii) Tariffs or fees to be charged, received or collected from users or customers or;
(iii) A combination of such direct payments and tariffs or fees.
4. “Concessionaire” is a juridical person, Albanian or foreign, with or without
participation, local or foreign that signs a concession contract with the contraction
authority.
5. “Concession register”, means the appropriate record of information pertaining to
the Concession selection and award procedure to be kept by the contracting authority and
which at the end of the process is filed with the Public Procurement Agency the form and
method of filing are determined by this Agency.
6. “Contracting Authority”, means a public authority that has the power to enter
into a Concession Contract
7. “Infrastructure Facility”, means physical facilities and systems that directly or
indirectly provide services to the general public.
8. “Concession project”, means each of the following activities or any combination
as below as: the design, construction, development and operation of new infrastructure
Facilities or rehabilitation, modernization, expansion or operation of existing
Infrastructure Facilities, administration, expansion or other services pertaining to new or
existing facility.
9. License, Shall mean an administrative act which is issued by a relevant public
authority to exercise an activity based on objective qualification criteria.
10. Municipal Concessions Are concessions for those economic activities which
according to the legislation in effect in the Republic of Albania fall under the competence
of local government units.
11. State Concessions, Means Concessions for those economic activities, which
based on the legislation of the Republic of Albania which are in effect, fall under the
competence of the central government.
12. Unsolicited Proposal means any proposal relating to the implementation of a
Concession that is not submitted in response to a request or solicitation issued by the
Contracting Authority within the context of a Competitive Selection Procedure.
13. Private Investment” Means any investment fully realized by private sector where
the public sector does not participate directly or indirectly. For the purpose of this law,
any kind of guarantees, financial or other guarantees, given by public sector, will be
considered as participation of public sector in private investment.
14. Public Procurement Agency Is the agency created and operating according to
Law no. 9643, dated 20.11.2006 “On Public Procurement” as amended.
14/1. Public Procurement Commission is the institution created according to the Law
No. 9643, dated 20.11.2006 “On Public Procurement” as amended.
15. Procurement advocate” is the institution established and operating according to
law no. 9643, dated 20.11.2006 “On Public Procurement” as amended.
16. Temporary union on companies”(consortium) This is an agreement in written
between 2 or more legal entities, whose scope is the organization of a given activity,
whereby the role of each party is defined and where one party is the main company that
represents the unification in the signing of the contract and in each initiative.
17. Value for money, Is a term, which is used to determine whether a contractual
authority has achieved maximum profit from goods or services, and which gives and/or
receives in use within its resources. This term is not only used to measure the value of
goods or services, but assesses the quality, cost and utilization of resources, adaptability
with the purpose, time and possibility to decided that all of these together constitute the
best economic value.

Article 3
Object of the Law

This law defines conditions, modalities, criteria and procedures for granting concession
in the Republic of Albania.
When a concession contract is related to the use of a public asset, according to this law
such contract is included in the category IV.2 of the annex of the licensing law.
Concession contracts are signed in accordance with the following dispositions of the
present law.
Approval in silence is not applied in such contracts.

Article 4
Eligible sectors for implementation of concessions

1. This law is implemented for provision of concessions from contractual authorities for
the conduct of economic activities for concession projects in the following sectors:
a) Transport (railway system, rail transport services, ports, airports, roads, tunnels,
bridges, parking, public transport);
b) Energy generation and distribution of electricity and heat;
c) water and wastewater sector, water production and distribution, water and
wastewater treatment, wastewater collection and distribution, sludge disposal and
treatment, irrigation, drainage, dredging, canals, dams;
ç) Solid waste collection, transfer or disposal;
d) Telecommunication;
dh) education and sport;
e) Health;
ë) Tourism and culture;
f) Prison infrastructure
g) Land and forest reclamation projects, industrial estates, housing, government
buildings, IT network and database infrastructure;
gj) natural gas distribution; and
h) Management contract or outsourcing of public services including those related to
sectors specified above.
2. The Council of Ministers upon the proposal of the competent Minister of Economy
authorizes Concessions to be implemented in other sectors.
3. In particular instances, for the promotion of investments pointed out in paragraph 1 of
this article or for other priority sectors for the economic development of the country, in
line with the strategic objectives, the Council of Ministers may offer to local or
international investor’s concessions for the symbolic price of 1 EURO. The Council of
Ministers, with the proposal of the Minister responsible for economy, approves the list of
assets that will be given on concession in line with the enforcement of this point.
4. This Law shall not apply to the issuance of Licenses, except to the extent that a
License is issued within the framework of a Concession Contract
5. This Law shall not apply to public procurement of services, goods and constructions,
as well as for private investments.
6. This Law shall not apply for projects that are integral and indivisible part of a project,
for which the Council of Ministers is authorized by special law.

Article 5
Contracting Authority

1. The contractual authority is the Ministry or the Local Government unit, which in
compliance with the legislation in effect is responsible for the economic activity for
which the concession is awarded.
2. The contractual authority for local concessions is the responsible authority of the Local
Government units.
3. The Council of Ministers of the Republic of Albania shall identify the Contracting
Authority for each Concession after the identification of potential Concessions according
to article 9 of this law.
4. The Council of Ministers promulgates Concession regulations for evaluation and
awarding of concessions, to carry out the objective and the provisions of this Law, as
well as standard documents in concession field.

Article 5/1
Supervision of the implementation of the concession procedures

1. Supervision of the implementation of the concession procedures is made by the Public

Procurement Agency..
2. The Public Procurement Agency has the following powers:
a) Requires to the contracting authorities periodic reports, once in six months, on the
actual state of concessions;
b) Verifies implementation of concession procedures, periodically, after the concession
contract is signed, in accordance with the law or other acts pursuant to the law, asking to
the authorities all the necessary information;
c) Proposes, on completion of verification by the letter "b" of this point, disciplinary
actions and impose fines in cases where violations of this law procedure are identified;
d) Publish exclusion of the bidders who, during a concession procedure, have deposited
documents declared false or false information, on the proposal of the contracting
authority or in the case when such violations are founded on the completion of the
verification as provided in the letter "b" of this point, and when is the case, makes
criminal action;
d) Maintains and administers the register of concessions, as well as original
documentation submitted by the contracting authorities within 3 (three) months from the
date of approval of the concession contract;
f) Submits to the Council of Ministers general recommendations for the state and legal
framework of concessions.

Article 6
(Abrogated)

Article 7
Protection of the legal interest of the bidders

1. Monitoring of the implementation of this law and its by-laws, stemming from it
and in its implementation during the conduct of the concessional procedures in protection
of the legitimate interests of the bidders is done by the procurement advocate.
2. In the exercise of the functions of this law, the procurement advocate has the
following competencies:
a) reviews claims of interested parties related to action or non-action on the side of
the contractual authority, against the law.
b) initiates administrative investigations when the particular instance constitutes a
violation of this law.
c) at the end of the administrative investigation informs the contractual authority and
the Public Procurement Agency (PPA) about the results of the investigation.
3. The procurement advocate, within 5 days from the beginning of the investigations
notifies the interested parties and the PPA about this fact.
4. In the course of the exercise of functions for the administrative investigations, the
procurement advocate may;
a) verify physically the acts and documents related to the investigation.
b) seek information and explanation from public administration or interview any
person related to the case under investigation, as well ask for expertise from third parties.
c) recommend changes in the law and its acts, if observing that the content of these
acts leads to a possibility for the violation of concessional procedures.

Article 8
Establishment of the Concession Unit

The Concession Unit shall be under the Ministry responsible for Economy to promote
and assist the contracting authority in evaluation and negotiation of concessions.

HEADING II

IDENTIFICATION OF POTENTIAL CONCESSIONS AND SELECTION OF

THE CONCESSIONNAIRE
 Article 9
Identification of potential concessions

1. Potential Concessions are identified by competent ministries or local authorities,

in cooperation with the Concession Agency. Potential Concessions may also be identified
by private proposers through Unsolicited Proposals, in compliance with the procedures
set forth in Article 23 of this Law.
2. Competent ministries or the Local Government units, in cooperation with the
Concession Unit, shall carry out a viability and bankability analysis to decide whether a
potential Concession should be implemented. The approach to the viability and
bankability analysis shall be based upon the principles of value for money, alignment of
potential Concessions with the overall national development strategy as well as with
sector strategic objectives, the technical and commercial feasibility of the potential
Concession and its ability to attract potential Concessionaires and private financing.

Article 10
Selection stages

1. The Concessionaires are selected through a pre-qualification procedure,

accompanied by a request for proposal foreseen in articles 11 until 21 of this law. An
exception to this rule shall constitute concessions granted according to point 2 of this
article and article 23 of this Law.
2. Notwithstanding the definition of the above mentioned point, the Contracting
Authority enjoys the right to request proposals from all potential bidders, without a pre-
qualification procedure, if it deems that this procedure is not necessary.

Article 11
The preliminary selection procedure

1. The Contracting Authority shall prepare the invitation to participate in the pre-
selection procedure and the pre-qualification documents with a view to identifying
Bidders that are suitably qualified to implement the envisaged Concession.
2. The Contracting Authority shall publish the invitation to participate in the pre-
selection procedure in the Official Gazette and in the international and local press.
3. The invitation to participate in the pre-selection procedure shall include the
following:
a) A brief description of the Infrastructure Facility;
b) An indication of other essential elements of the Concession, such as the services
to be delivered by the Concessionaire, the financial arrangements envisaged by the
Contracting Authority (for example, whether the Concession will be entirely financed by
user fees or tariffs or whether public funds such as direct payments, loans or guarantees
may be provided to the Concessionaire);
c) Where already known, a summary of the main required terms of the Concession
Contract to be entered into;
ç) The manner and place for the submission of applications for pre-selection and the
deadline for the submission, expressed as a specific date and time, allowing sufficient
time for Bidders to prepare and submit their applications; and
d) The manner and place for solicitation of the pre-selection documents.

Article 12
Pre-selection documents

In the pre-selection documents are included at least:

a) The pre-selection criteria in accordance with article 13 of this law;
b) Participation of the temporary union of companies, in line with article 12 of this
law;
c) Any request for the necessity to create a legal entity from the wining bidder
according to the legislation in effect.

Article 13
Pre-selection criteria

1. In order to qualify for the selection procedure, interested Bidders must meet
objective criteria, which the Contracting Authority considers appropriate in the particular
procedure, as stated in the pre-selection documents.
The criteria shall include at least the following:
a) Adequate professional and technical qualifications, human resources, equipment
and other physical facilities as necessary to carry out all the phases of the Concession
Project, including design, construction, operation and maintenance where appropriate;
b) Sufficient ability to manage the financial aspects of the project and capability to
sustain its financing requirements; and
c) Appropriate managerial and organizational capability, reliability and experience,
including previous experience in operating similar Infrastructure Facilities.
2. Interested qualified bidders are qualified to participate in a selection procedure
when:
a) They are not subject to procedure of bankruptcy, liquidation or termination of
activity or of any other related situation emerging from the procedure of the same
character, envisaged by any applicable law ;
b) Have not been found guilty of false statements.

Article 14
Participation of Consortia

1. The Contracting Authority, before first inviting the participation of Bidders in the
selection proceedings, shall allow them to form Bidding consortia. Unless otherwise
stated in the pre-selection documents, the information required from members of Bidding
consortia to demonstrate their qualifications in accordance with provisions of this article
shall relate to the consortium as a whole as well as to its individual members in
particular.
2. Each member of a consortium may participate, either directly or indirectly, in
only one consortium at the same time. A violation of this rule shall cause the
disqualification of the consortium and of the individual members.

Article 15
Pre-selection Decision

The Contracting Authority shall make a decision with respect to the qualifications of each
Bidder that has submitted an application for pre-selection. The Contracting Authority
shall publish the list of pre-qualified Bidders in the Public Announcement Bulletin within
30 days from the adoption of the decision on pre-selection. All pre-selected Bidders shall
be invited to submit proposals in accordance with provisions of articles 16-21 of this
Law.

Article 16
Procedures for the solicited proposals

1. The procedures for solicited proposal shall take place in 1 or 2 stages.

2. The Contracting Authority, against payment of a possible fee, provides the pre-
qualified bidders with the request for proposal and related documents, in compliance with
article 5 of this Law, or any other document if deemed necessary. If the pre-qualification
procedures are not implemented, the request for proposal shall be issued to all potential
Bidders.
3. Notwithstanding the above, the Contracting Authority, may use a two stage
procedure to request proposals from Bidders, if elements of the concession project such
as: project specifications, performance indicators, financial arrangements or contractual
terms can not be described in the request for proposal in a manner that detailed or
accurate that would allow the bidders to submit their final proposals.
4. Where a two-stage procedure is used, the following provisions apply:
a) The initial request for proposals shall call upon the Bidders to submit, in the first
stage of the procedure, initial proposals relating to project specifications, performance
indicators, financing requirements or other characteristics of the project as well as to the
main contractual terms proposed by the Contracting Authority;
b) The Contracting Authority may convene meetings and hold discussions with any
of the Bidders to clarify questions concerning the initial request for proposals or the
initial proposals and accompanying documents submitted by the Bidders. The
Contracting Authority shall prepare minutes of any such meeting or discussion containing
the questions raised and the clarifications provided by the Contracting Authority.
c) Following examination of the proposals received, the Contracting Authority, may
review and, as appropriate, revise the initial request for proposals by deleting or
modifying any aspect of the initial project specifications, performance indicators,
financing requirements or other characteristics of the project, including the main
contractual terms, and any criterion for evaluating and comparing proposals and for
ascertaining the successful Bidder, as set forth in the initial request for proposals, as well
as by adding characteristics or criteria to it. The Contracting Authority shall indicate in
the Concession Register, the justification for any revision to the request for proposals.
Any such deletion, modification or addition shall be communicated in the invitation to
submit final proposals;
ç) In the second stage of the proceedings, the Contracting Authority shall invite the
Bidders to submit final proposals with respect to a single set of project specifications,
performance indicators or contractual terms in accordance with articles 17-21 of this
Law.

Article 17
The content of the request for proposals

The request for proposals, prepared by the Contracting Authority, shall include in the
least the following data:
a) General information as may be required by the Bidders in order to prepare and
submit their proposals;
b) Project specifications and performance indicators, as appropriate, including the
Contracting Authority’s requirements regarding safety and security standards and
environmental protection;
c) The contractual terms proposed by the Contracting Authority, including an
indication of which terms are deemed to be non-negotiable;
ç) The criteria for evaluating proposals and the thresholds, if any, set by the
Contracting Authority, for identifying non-responsive proposals, the relative weight to be
accorded to each evaluation criterion; and the manner in which the criteria and thresholds
are to be applied in the evaluation and rejection of proposals; and
d) The requirements with respect to bid security.

Article 18
Clarifications and modifications

1. The Contracting Authority, may, whether on its own initiative or as a result of a

request for clarification by a Bidder, review and, as appropriate, revise any element of the
request for proposals in compliance with article 17 of this law.
Each change shall be communicated promptly to all candidates having purchased the
documents. If the Contracting Authority deems it necessary to change the documents, and
when this is done within less than 1/3 of the number of days defined for the preparation
of bids, it shall postpone the deadline for bid submission by the same number of days.
2. The Contracting Authority, in the instance set forth in point 1 shall indicate in the
Concession Register the justification for any revision to the request for proposals. Any
such deletion, modification or addition shall be communicated to the Bidders in the same
manner as the request for proposals.

Article 19
Evaluation criteria

The criteria for the evaluation and comparison of the technical proposals shall include at
least:
a) Technical soundness;
b) Compliance with environmental standards;
c) Operational feasibility;
ç) Quality of services and measures to ensure their continuity; and
d) The social and economic development potential offered by the proposals.

2. The criteria for the evaluation and comparison of the financial and commercial
proposals shall include, as appropriate:
a) The present value of the proposed tolls, unit prices and other charges over the
Concession period;
b) The present value of the proposed direct payments by the Contracting Authority,
if any;
c) The costs for design and construction activities, annual operation and
maintenance costs, present value of capital costs and operating and maintenance costs;
ç) The extent of financial support, if any, expected from a public authority of the
Republic of Albania; and
d) The soundness and viability of the proposed financial arrangements.

3. The Council of Ministers, in line with implementation of point 3 of article 4 of this law
determines additional criteria which will be taken into account in the bid evaluation
process. These criteria are based on the sector importance of the development of
economy, investment amount, and employment level, priorities for the development of
particular areas of the country, other sector specific indicators, as well as the proposed
price or fee. The Council of Ministers, in this particular instance determines the
importance of each criterion in the bid evaluation.

Article 20
Comparison and evaluation of proposals

1. The Contracting Authority shall compare and evaluate each proposal in

accordance with the evaluation criteria, the relative weight accorded to each such
criterion and the evaluation process set forth in the request for proposals.
2. For the purposes of point 1 above, the Contracting Authority may establish
minimum thresholds with respect to quality, technical, financial and commercial aspects.
Proposals that fail to achieve these minimum thresholds shall be regarded as non
responsive and rejected from the selection procedure.

Article 21
Determination of the successful Bidder and final negotiations

1. The Contracting Authority shall rank all responsive proposals on the basis of the
evaluation criteria and notify its ranking to all Bidders. Upon notification, all Bidders
have the right to present any claims in compliance with provisions of Heading III of this
Law. Upon expiry of the claim period, the Contracting Authority shall invite for final
negotiations the Bidder that has attained the best rating.
2. Final negotiations shall not concern those contractual terms that were stated as
non-negotiable in the final request for proposals.
3. If it becomes clear to the Contracting Authority that the negotiations with the
Bidder invited will not result in a Concession Contract, the Contracting Authority, shall
terminate the negotiations with such Bidder and invite for negotiations the other Bidders
in the order of their ranking until it signs a Concession Contract or rejects all remaining
proposals. The Contracting Authority shall not resume negotiations with a Bidder with
which negotiations have been terminated pursuant to this point.
4. Following the Concession Contract negotiations, the Concession Agency shall
issue an opinion on the terms thereof. Concession Contracts which value of investment
overpasses 20.000.000 euro shall be subject to the approval of the Council of Ministers.
All other concession contracts over this amount will be entered into force after the
signature of the contracting authority.
5. The Contracting Authority shall publish in the Public Notification Bulletin the
name of the Concessionaire and essential terms of the Concession Contract within 30
days after the approval of the Concession Contract in line with point 4 of this article.

Article 22
Negotiation of concession contracts without competitive selection procedures

1. Subject to approval by the Council of Ministers, the Contracting Authority may

negotiate a Concession Contract without using the Competitive Selection Procedure in
the following cases:
a) where the project would jeopardize national security. The national security
situation must be confirmed as per a decision of the National Security Council;
b) where the Concession Contract has been terminated due to a serious violation by the
Concessionaire and where there is insufficient time to undertake a Competitive Selection
Procedure in order to ensure continuity of service.
c) due to a serious violation of the concessionaire, is required by financial institutions
based on the right to intervene, the replacement of the concessionaire.
2. The duration of a concession contract signed according to letter (b) of point 1 of this
article shall not exceed 12 months.
No Concession Contract shall be concluded pursuant to letter (b) of point 1 unless the
Contracting Authority has initiated a Competitive Selection Procedure for the selection of
a Concessionaire following the contract term set forth in point 2 of this article or when it
has decided not to grant a Concession following expiry of such contract term.

4. When a Concession Contract is negotiated pursuant to this article without using the
Competitive Selection Procedure, the Contracting Authority shall:
Engage in negotiations with as many persons as the Contracting Authority, in
coordination with Concession Agency, reasonably judges capable of carrying out the
project as circumstances permit; and
Establish evaluation criteria reasonably specific to the requirements of the project against
which proposals shall be evaluated and ranked.
5. Unless it jeopardize the national security or national defense, the Contracting Authority
shall publish in the Public Notification Bulletin the name of the Concessionaire and
essential terms of the Concession Contract within 30 days after the approval of the
Concession Contract by the Council of Ministers.

Article 23
Unsolicited Proposals

1. The Contracting Authority is authorized to review and accept Unsolicited Proposals

pursuant to the procedures set forth in this article, provided that such proposals do not
relate to a project for which selection procedures have been initiated or announced.

2. Procedures for determining the admissibility of unsolicited proposals are the following:

a) within 90 days of receipt and review of such Unsolicited Proposal, the

Contracting Authority shall determine whether the project is considered to be in the
public interest, and to this end informs the proponent.
b) If the Concession Project is considered to be in the public interest, the
Contracting Authority, shall invite the proponent to submit additional data, necessary on
the proposed project to allow the Contracting Authority to make, a proper evaluation of
the proponent’s qualifications and the technical and financial feasibility of the project;
c) Within 120 days of the invitation from the Contracting Authority, the proponent
must present, a technical and financial feasibility study (including but not limited to a
financial model and a financing plan), an environmental impact study and satisfactory
information regarding the concept or technology contemplated in the proposal.
ç) In the review of an Unsolicited Proposal, the Contracting Authority shall respect
the intellectual property, trade secrets or other exclusive rights contained in, arising from
or referred to in the proposal. To this extent, the Contracting Authority shall not make use
of information provided by or on behalf of the proponent in connection with its
Unsolicited Proposal other than for the evaluation of that proposal, except with the
consent of the proponent for a period of 12 month from its receipt.

3. Initiation of a Selection Procedure shall be in line with the following:

(a) The Contracting Authority shall, within 6 months of receipt of the documentation, in
compliance with letter “b” of point 2 of this article, decides to implement or to reject the
potential Concession Project derived from the Unsolicited Proposal. If the Unsolicited
Proposal is accepted by the Contracting Authority, the Contracting Authority shall initiate
a Competitive Selection Procedure in accordance with articles 11-21 of this Law, while
when the proposal is refuted and the parties do not agree otherwise, the contracting
authority shall return to the proponent the original documents and copies of the submitted
documents;
(b) The proponent shall be invited to participate in the Competitive Selection Procedure
initiated pursuant to letter (a) of point 3 of this article, and upon decision by the Council
of Ministers, it shall be awarded a bonus on its technical and/or financial score during
the Competitive Selection Procedure up to a maximum of 10%. The identity of the
proponent and the existence and amount of the bonus shall be indicated in the
Competitive Selection Procedure documents.
 Article 24
Confidentiality

The Contracting Authority treats with confidentially all the technical data, economical
data, and the financial data, par of the Unsolicited Proposal. Unless required by law or by
a court order or permitted by the request for proposals, no party to the negotiations shall
disclose to any other person any technical, price or other information in relation to
discussions, communications and negotiations pursuant to the aforementioned provisions
without the consent of the other party.

Article 24 / 1
The competent authority for reviewing claims

1. Evaluation of the administrative appeals of the bidders against concession procedures

or decision-making procedures for exemption from the concessionary procedures under
the letter "ç" of point 2 of Article 5 / 1 of this law, is done by the Public Procurement
Commission.
2. Public Procurement Commission, at the conclusion of the review of complaints, takes
decisions, which are administratively final.
3.Detailed rules on the procedure to review complaints on concession procedures or
exemption decisions by these procedures are approved by the Council Ministers.

HEADING III
Administrative Review procedures

Article 25
Compliant procedures

Each bidder may request an administrative review of the selection processes, when it
deems that an action undertaken by the contracting authority is in violation of the
provisions of this law or other legal or by-legal acts on the concession procedures.

The claim is submitted to the Public Procurement Commission within 5 calendar days
from the date of the publication of the announcement of the pre-qualified candidates or
announcement of the ranking of the bidders from the contracting authority.

3. Upon receiving the complaint, the Public Procurement Commission decides to suspend
or not the concession procedures, as well as for the start up of the administrative
investigation procedures and notifies the contracting authority within 7 (seven) calendar
days. ".

The PPC does not suspend the concession procedure when:

From the preliminary review it results that the claim has no legal justification behind it.
The suspension would be in conflict with the public interest or would be to the detriment
of the contracting authority or other bidders.

During the review of the claim, until before the contract signing, the PPC enjoys the right
to;

Cancel partially or wholly decisions or acts of the contracting authority.

Guide the contracting authority to correct/amend the violation prior to continuation with
the concession procedures.

The PPC, during the procedures of administrative investigation, enjoys all competencies
set for in the procurement legislation.
The claim in the PPC is done with the relevant form, which includes the name and
address of the plaintiff, the reference to the concrete procedure, the legislation, and the
description of the violation. The above mentioned elements are necessary for the review
of the claim. The PPC reviews the claim, in compliance with this legislation, and its by-
laws stemming from its implementation, as well as in line with the Administrative
Procedures Code.
The PPC, within 30 calendar days from the submission of the claim, finalizes the
administrative investigation and notifies the contracting authority and the plaintiff about
the decision.

Article 25 / 1
Administrative investigation procedure

1. Public Procurement Commission begins an administrative investigation procedure on

the basis of complaints of one or more parties involved in a concession procedure.
2. Public Procurement Commission, to perform its functions, has the right to have access
to any public administration institution, which, according to this law is known as
contracting authority.
3. Public Procurement Commission has the right to set a time for the contracting
authority to provide information, based on its request, and to submit relevant documents,
under legislation governing administrative procedures.

Article 25 / 2
Termination of the administrative investigation

1. The Public Procurement Commission, after the administrative investigation, takes

these decisions:
a) accepts the complainant's appeal, reasoning and arguing violations identified in the
implementation of law and of procedures for concessions, indicating appropriate
measures for their cancellation and restoration of legality in the actions of the contracting
authority;
b) reject party complaint by arguing the application of the procedures and the legality of the
actions or omissions presented as violations by applicant, explained to him in writing the reasons
for the crash of appeal;;
c) for violations found in the procedures of concession and of the legality in law
enforcement, gives to the contracting authority a term, within which he is obliged to fix
them, or prevent adverse effects or consequences of these violations.

2. The decision given under clause 1 of this section is executed. Parties can make
complaint to it in court under the Code of Civil Procedure.

Article 25 / 3

The denial of civil servant to cooperate or of the contracting authority to provide

information or to submit documents related to proceedings under administrative
investigation constitutes reason for the agency of the Public Procurement to require by
the competent authority issuing disciplinary measures against the responsible persons.

Article 26
Complaint in the court

Against the decision of the Public Procurement Commission the complainant is entitled,
within 30 (Thirty) days from the date of receiving knowledge, to make suit to review
dispute at competent administrative court.
The review of such a claim in the court does not suspend continuation of the concession
procedures.

Article 26 / 1
Administrative offenses

1. A violation of this law by those responsible, if is not a criminal act, constitutes an

administrative offense punishable by a fine of 50-100 thousand leke. The fine is set by
the head of the Agency Of Public Procurement. Against the fine may be an appeal within
30 days in a court of competent jurisdiction.
2. The head of the agency may propose to the contracting authority's head, if he deems
necessary, disciplinary measures against persons responsible for violating the provisions
of this law.

HEADING IV

CONCESSION CONTRACTS

Article 27

The Content
The Concession Contracts shall provide for such matters as the parties deem appropriate,
such as:
a) The nature and scope of works to be performed and services to be provided by the
Concessionaire;
b) The duration of the concession contract, to fitting the specifics of the relevant
concession, but not exceeding 35 years and conditions, if any, for its prolongation. If the
deadline is over 35 years, contract becomes effective after approval by the Parliament;
c) The assistance that the Contracting Authority and the Concession Agency may
provide to the Concessionaire in obtaining Licenses and permits to the extent necessary
for the implementation of the Concession;
ç) Any requirements relating to the establishment and minimum capital of a legal
entity eventually established by the successful Bidder under the laws of the Republic of
Albania, and suspension of transfer of shares or part of the capital of this company
without prior consent of the contracting authority;
d) The ownership of assets related to the Concession Project and the obligations of
the parties, as appropriate, concerning the acquisition of the Concession Project site and
any necessary easements;
dh) The remuneration of the Concessionaire, whether consisting of tariffs or fees for
the use of the Infrastructure Facility or the provision of services; the methods and
formulas for the establishment or adjustment of any such tariffs or fees; payments, if any,
that may be made by the Contracting Authority or other public authority;
e) Procedures for the review and approval of engineering designs, construction plans
and specifications by the Contracting Authority, in consultation with the Concession
Agency, and the procedures for testing and final inspection, approval and acceptance of
the Infrastructure Facility, Rules and standards describing the way concession projects
are designed, which should ensure the application of best practice, developing the market
through sensible risks allocation;
ë) The extent of the Concessionaire’s obligations to ensure, as appropriate, the
modification of the service so as to meet the actual demand for the service, its continuity
and its provision under essentially the same conditions for all users; mechanisms to deal
with eventual costs related thereto;
f) The Contracting Authority, or other public authority’s right to monitor the works
to be performed and services to be provided by the Concessionaire and the conditions and
extent to which the Contracting Authority may order variations in respect of the works
and conditions of service or take such other reasonable actions as they may find
appropriate to ensure that the Infrastructure Facility is properly operated and the services
are provided in accordance with the applicable legal and contractual requirements;
mechanisms to deal with eventual costs related thereto;
g) The extent of the Concessionaire’s obligation to provide the Contracting
Authority, or other public authority, as appropriate, with reports and other information on
its operations;
gj) Any restrictions or conditions applicable to the assignment of rights and
obligations of the Concessionaire under the Concession Contract;
h) Any restrictions or conditions related to the transfer of a controlling interest in the
Concessionaire;
i) Definition and consequence of force majeure, change in law and other changes in
circumstances (including any right of the parties to seek compensation or revision of
Concession Contract);
j) Contingent liabilities, if any, of the relevant public authorities or Contracting
Authority;
k) Circumstances under which the Contracting Authority has the right to temporarily
take over the operation of the facility for the purpose of ensuring the effective and
uninterrupted delivery of the service in the event of serious failure by the Concessionaire
to perform its obligations and to rectify the breach;
l) Any rights of the Contracting Authority to review and approve, major contracts to
be entered into by the Concessionaire, in particular with the Concessionaire’s own
shareholders or other affiliated persons;
ll) Guarantees of performance to be provided and insurance policies to be maintained
by the Concessionaire in connection with the implementation of the Concession;
m) Remedies available in the event of default of either party;
n) Conditions and procedure for amendment and/or termination; rights and
obligations of the parties upon its expiry or termination (including mechanism of transfer
of assets, technology, compensation, training and support services to be provided by the
Concessionaire);
nj) The governing law and the mechanisms for the settlement of disputes that may
arise between the Contracting Authority and the Concessionaire; and
o) The rights and obligations of the parties with respect to confidential information.
p) the right of intervention by financing parties.

Article 28

Termination of the concession contract

By the Contracting Authority

1. Unless otherwise provided in the Concession Contract, the Contracting Authority, may
terminate the Concession Contract when:
In the event that it can no longer be reasonably expected that the Concessionaire will be
able or willing to perform its obligations, owing to insolvency, serious breach or
otherwise;
(b) In the event the Concessionaire fails to achieve the financial close within 12 months
of Concession Contract signing.

2. Either party, unless otherwise provided in the Concession Contract shall have the right
to terminate the Concession Contract

In the event that the performance of its obligations is rendered impossible by

circumstances beyond either party’s reasonable control;
In the event of serious breach by the other party, provided that the other party fails to
remedy such breach within the time period and in the manner established in the
Concession Contract.
The parties shall also have the right to terminate the Concession Contract by mutual
consent.

HEADING V
FINANCING

Article 29

FINANCIAL ARRANGEMENTS

The Concessionaire shall have the right to charge, receive or collect tariffs or fees for the
use of the facility or its services in accordance with the Concession Contract, which shall
provide for methods and formulas for the establishment and adjustment of those tariffs or
fees.
The Contracting Authority shall have the power to agree to make direct payments to the
Concessionaire as a substitute for, or in addition to, tariffs or fees for the use of the
facility or its services.

HEADING VI
SETTLEMENT OF DISPUTES AND GOVERNING LAW

Article 30
Governing law

The Concession Contract shall be governed by the laws of the Republic of Albania.
The Concessionaire, its shareholders and other business partners shall be free to choose
the law governing their relations.

Article 31
Disputes between the contracting authority and the concessionaire

1.Any disputes between the Contracting Authority and the Concessionaire shall be settled
through the dispute settlement mechanisms agreed by the parties in the Concession
Contract, including according to procedures of international arbitration.
2. The Concessionaire, its shareholders and other business partners shall be free to choose
the appropriate mechanisms for settling disputes among themselves.

HEADING VII
FINAL PROVISIONS

Article 32
ABROGATIONS

The Law No .7973, dated 26.7.1995 “On concessions and the participation of the private
sector in public and infrastructure services” as amended, is abrogated.
 Article 33

TRANSITION PERIOD UNTIL THE ESTABLISHEMENT OF THE

CONCESSION AGENCY

Until the establishment of the Concession Agency in accordance with article 8 of this
Law and it becoming fully operational, its responsibilities shall be exercised by the
Ministry responsible for Economy.

Article 34
Existing and sector specific laws

In case of contradictions with existing laws, this Law shall prevail over all other existing
laws in respect of Concessions
All sector specific laws shall regulate concessions in accordance with this Law.

Article 35
Concession contracts already signed

This Law shall not apply to the Concession Contracts already signed as of the date hereof
but no such contract may be renewed or extended except in compliance with this Law.

Article 36

Effectiveness

This Law enters into force 15 days after its publication in the Official Gazette.

The Speaker
Jozefina Topalli