Legal Update: Amendments to PPP Law

On 18/07/2019, the Parliament of Albania has adopted Law no. 50/2019, on some amendments to Law no. 125/2013 “On Concessions and Public Private Partnerships”, bringing an important revision of Article 25 on Unsolicited Proposals.

The revised law provides that the contracting authorities are authorized to review and accept Unsolicited Proposals from economic operators, only for the execution of works and/or the provision of services at ports, airports, for the production and distribution of electricity, heat energy and natural gas distribution, provided that these proposals do not relate to a project for which the selection procedures have been initiated or announced before the adoption of this amendment. Prior to this amendment, economic operators could submit to the contracting authorities any kind of Unsolicited Proposals, without any limitation on the range of works and/services proposed.

Under the new amendments, the contracting authorities shall also reimburse the costs incurred by the unsolicited bidder in preparing the feasibility study, only if the unsolicited bidder is not the winning bidder. In any case, the compensation shall not exceed 1% of the project value.

This amendment enters in force on 1st October 2019.