Rules of Procedure

Rules of Procedure

Based on Article 21 of the Concessions Law (“Official Gazette of Republic of Srpska”, no: 25/02) and Article 16 and Article 17 of the Statute of the Concession Commission of Republic of Srpska, the Concession Commission of Republic of Srpska shall adopt:

RULES OF PROCEDURE
of the Concession Commission of Republic of Srpska

Basic Provisions

Article 1

These Rules of Procedure regulate the rules and procedure for applying for concession grant; the way the Commission works; presenting and objecting to the Commission; conducting discussions in front of the Commission; the sessions and the number of members of the Commission to consider the request; concentration of ownership and measures aimed to enable the growth of competition in a particular sector; the way of solving disputes; concession fee; concluding a concession contract; ceasing, breaking up and termination of the concession contract; monitoring and checking up of the Concessionaire’s work, as well as other issues related to the work of the Commission.

Article 2

The terms used in these Rules of Procedure have the following meaning:

“Concession Commission of Republic of Srpska” (hereinafter: the Commission) – a permanent, independent, regulatory legal entity constituted for the purpose of performing the functions of granting concessions.

“Concendant” – all competent ministries or authorities of the Republic of Srpska designated by the Government of Republic of Srpska to grant a concession.

“Concession” – the right granted by the Concendant for the purpose of securing the construction of infrastructure and / or exploitation services of natural resources, within the deadlines and under the terms agreed by the Concendant and the Concessionaire.

“Concessionaire” – a legal entity established in accordance with the laws of Republic of Srpska owned by a domestic and / or foreign legal entity to which a concession is granted and who executes the concession contract.

Article 3

In addition to the tasks referred to in Article 1 of these Rules of Procedure, the Commission:

  • prepares and monitors the execution of the Concessions Grant Policy Document and submits an annual report about it to the Government of Republic of Srpska,
  • on its own initiative or at the request of any interested entity, formulates general principles or suggests the implementation of specific regulations governing a particular economic or industrial field,
  • informs the relevant ministers of any matter submitted by the ministers to the Commission and may, on its own initiative, inform the ministers of any matter within its jurisdiction,
  • with the consent of the interested parties, may arbitrate in any dispute arising between the contractual parties, and may act as a mediator at the request of the interested parties,
  • in order to protect the public interest, it may demand that the Government of Republic of Srpska reimburses the costs of the participation of experts in public discussions.

Article 4

The procedure and activities for granting a concession for use in accordance with the Concessions Law of Republic of Srpska shall be established by:

  • PUBLIC INVITATION TO POTENTIAL BIDDERS (Roadmap of the flow of basic information when granting a concession through a public invitation and the timely flow of information and activities per participants, are given in Annex No. 1 of these Rules of Procedure and form its constituent part),
  • SELF-INITIATIVE OFFERS (a Roadmap of the flow of basic information when granting a concession through a self-initiative offer and the timely flow of information and activities per participants, are given in Annex 2 to these Rules of Procedure and form its constituent part)
  • AND GRANTING OF CONCESSION THROUGH PUBLIC INVITATION TO POTENTIAL BIDDERS

1. Definition of the economic justification study

Article 5

The Concendant makes an economic justification study for each project which is intended for giving on concession prior to the public invitation of potential bidders and in accordance with the Concession Grant Policy Document and submits it to the Concession Commission for consideration and approval.

Article 6

Economic justification study means a project on the degree of technical – technological, legal and economic justification of the concession and contains:

  • possibilities and limitations of a legal nature (existing and possible future legal situation – status, limitations of an imperatively legal nature – specific laws regulating the subject area),
  • examination of natural conditions,
  • justification study (technical – technological and economic justification)
  • urban – technical possibilities and limitations
  • licenses, approvals, consents and other necessary acts of the competent authorities,
  • analysis of the impact of the concession activity on life and health of humans and animals and the environment,
  • Preliminary Design (solution),
  • risk assessment.

Article 7

The Commission considers the justification study and, within one month, informs the Concendant whether the study has been approved, and in making its decision the Commission shall, in particular, take into account:

  • the impact of the project on providing services to the users,
  • the impact of the project on the fee charged to users,
  • whether the project fits into the goals established in the Concessions Grant Policy Document,
  • whether the project brings pure benefit to Republic of Srpska.

Article 8

If the study does not provide sufficient quality parameters, if it is not complete or not in accordance with the Concessions Grant Policy Document, the Commission shall return the documentation, together with proposals and a recommendation that would make the study acceptable, to the Concendant.

Article 9

The Commission’s decision to accept the economic justification study shall be submitted to the Concendant and shall be in the form prescribed by the Law on General Administrative Procedure of the Republic of Srpska.

2. Public Invitation

Article 10

Upon receiving the decision on acceptance of the justification study, the Concendant shall approach the drafting of the public invitation proposal and submits it with the necessary documentation to the Commission for consideration and approval within next 21 days

Article 11

The proposal for a public invitation has the prescribed form and must contain:

  • project description,
  • defining of economic, legal conditions and requirements related to the project,
  • principles and methods of calculating the concession fee,
  • the amount of the concession fee and the fee for participation in the public invitation,
  • a description of the resources and property made available to the Concessionaire,
  • criteria for evaluating tenders and awarding concessions, based on clear and public and all available principles of equality,
  • deadline for submission of tenders,
  • draft of Concession Contract,
  • a list of required licenses and approvals or other authorizations and
  • project-related tax relief, if any.

Article 12

The Commission, when considering the proposal for a public invitation, shall take into account all the prescribed conditions, in particular:

  • whether the criteria for evaluation, procedure and selection of the most successful tender are satisfactorily based on clear, public and non-discriminatory principles available to all,
  • whether the proposal for a public invitation deviates essentially from the economic justification study approved by the Commission.

Article 13

Within 21 days from the date of receiving the proposal for a public invitation, the Commission decides on approving a public invitation if it fulfils all the prescribed conditions and criteria from the previous Article of these Rules of Procedure.

Article 14

If the proposal for a public invitation does not contain the prescribed conditions or does not meet one of the criteria referred to in Article 12 of these Rules of Procedure, the Commission, with the proposal and recommendation, returns the proposal of the public invitation to the Concendant for changes and amendments

The Concendant is obligated, within 21 days of receiving the Commission’s decision, to act on the given instructions and make changes and amendments. If Concendant fails to act in accordance with the Commission’s instructions within the stated deadline, the proposal for the public invitation will be considered withdrawn.

Article 15

Commission’s Decisions are made in writing form in accordance with the provisions of the Law on General Administrative Procedure of Republic of Srpska and shall be forwarded to the Concendant for further procedure.

Article 16

In case that the Concendant has not made an economic justification study, the Commission may require that the public invitation includes an obligation of the bidder to make an economic justification study in which environmental protection assessments will be included. The economic justification study shall be considered during assessment of the criteria on whose basis the concession is granted.

Article 17

Upon receiving the decision to accept the proposal of a public invitation by the Commission, the Concendant shall announce a public invitation, which, in addition to the conditions prescribed in Article 11 of these Rules of Procedure, must contain:

  • the dates and deadlines for participation in the public invitation provided that this deadline cannot be less than 45 days from the date of publishing the announcement in the public invitation,
  • criteria for participation in a public invitation, rules under which a public invitation is conducted
  • way of submitting tender (under the code or full name of the bidder)
  • a notification of the date, time and place of the opening of tenders received on a public invitation,
  • the deadline within which the tender may be withdrawn,
  • data on the amount and forms of deposit,
  • conditions and way of repayment of the deposit,
  • the name of the entity responsible for providing all necessary information relevant to the public invitation process.

Article 18

The Concendant is obligated to announce the public invitation within 15 days from the day of receiving the decision on accepting the proposal of the public invitation and bears the costs of publishing the public invitation announcement.

Article 19

An announcement of public invitation is published in the “Official Gazette of Republic of Srpska” and in at least one national daily newspapers and, if requested by the Commission, an international public invitation shall be announced.

Article 20

Interested bidders download and prepare the documentation in accordance with the conditions prescribed in the announcement of public invitation.

Article 21

The tender shall be completed according to the conditions of the public invitation and shall consist of two parts:

  • the technical part,
  • financial part.

Each part is packaged in a separate envelope and those envelopes are placed together in a casing to be delivered to the address indicated in the public invitation.

Article 22

The Concendant receives tenders and supporting documentation that has arrived by the deadline set in the public invitation.

All tenders received with the accompanying act shall be submitted to the Commission.

3. Working method, composition and sessions of the Commission

Article 23

The Commission shall draw up a record of the tenders received and, in accordance with the deadline indicated in the public invitation, schedule the public opening of the tender. 

Article 24

The work of the Commission is public at the opening of tenders received and when requested by the Minister. The President of the Commission manages and coordinates the work of the Commission. The Secretary of the Commission attends all sessions of the Commission and is responsible for the legality of the work of the Commission.

In the absence of the President of the Commission, he shall be replaced by a member of the Commission authorized by the President of the Commission.

Article 25

The Commission shall decide on all matters within its jurisdiction at the sessions. Sessions of the Commission are convened and managed by the President of the Commission.

Article 26

The President of the Commission shall, in accordance with the Rules of Procedure, establish an agenda for discussion and decision-making at the session.

Article 27

Invitation and material for sessions of the Commission shall be delivered to the members of the Commission not later than eight days before the session, exceptionally in urgent cases and within a shorter deadline.

Article 28

Applications or requests for approval or reconsideration or review submitted to the Commission shall be considered and decided upon by at least three members of the Commission

Article 29

The Commission shall discuss and make decisions by a majority vote of the present members of the Commission (at least three members). The Commission, in the performance of assigned public authorizations, works in accordance with the rules of administrative procedure.

Article 30

Sessions of the Commission shall be held if necessary and at least four times a month.

Contact

  • Save Mrkalja 16
    78 000 Banja Luka, BA
  • komisija@koncesije-rs.org
  • +387 51 490-890
  • +387 51 490-481