Operation of the concession scheme the operation of concessions is defined in law 9663, dated 18.12.2006 “On concessions”, in amendments.
According to the law, Concessionaires are selected through a pre-qualification procedure, which is accompanied by a request for proposal. However, the authority contracts the right to request the proposal from all potential bidders, without a pre-qualification procedure, if it is deemed not to apply in this case and in the pre-qualification procedures.
Prequalification procedure. The contracting authority prepares the invitation to be used in the pre-qualification procedure and pre-qualification documents, with the proper identification of the bidders, who have the qualification of the needs for the implementation of the concessions. The invitation to participate in the pre-qualification procedure is published in the Bulletin of Public Notices, as well as in the international and domestic press. There are no other:
a) a brief description of the infrastructure vehicle;
b) markets for the essential elements of the concession, such as services to be controlled by the concessionaire, the manner in which the concessions are financed, the provision of contract authority (for example, the funds to be used, if they are entirely from tariffs or user sites, or you can give public funds to the concessionaire, work as direct sites, loans or guarantees);
c) a summary of the main conditions, if any, of the concession contracts that lead to the conclusion;
d) the manner and place of submission of the application for the pre-qualification phase, as well as the legal deadline for submission, to be expressed on its date and time, being done in due time for the bidders to prepare and submit their application;
e) the manner and place of obtaining the documents of the pre-qualification phase. Pre-qualification documents and stages. Pre-qualification documents include at least:
f) pre-qualification criteria, in those that include: professional and technical qualifications, human resources, machinery and other necessary assets, to carry out all stages of concession projects, to establish design, construction, operation and, where necessary, maintenance; sufficient skills to manage project funding and project financing skills; proper administrative and organizational capacities, better and weaker in such a project. Are not subject to a bankruptcy procedure, liquidation, administration of control or termination of activity or any other situation that, according to the laws in force, the conduct of procedures for the transfer of characteristic features; have not been found guilty of submitting false documents.
b) support for the temporary merger of the company,
c) any request for the necessity to create a legal entity from the winning bidder, according to the laws in force.
The contracting authority qualifies the bids of each, which submits the application in the pre-qualification phase, in accordance with the criteria and its definition in the pre-qualification document. The contracting authority announces the list of pre-qualified bidders in the Bulletin of Public Notices within 30 days from the decision.