Special procurement procedures
A concession is defined by its economic structure, not its label. The operator receives the right to exploit works or services, sometimes together with a payment, and assumes a genuine operating risk. Start by mapping income, guarantees and exposure to demand or supply uncertainty before selecting the award regime.
Contract or concession?
A fixed service fee that effectively guarantees recovery of costs can point away from a concession even if the agreement is called one. Conversely, an operator may receive public payments and still bear meaningful market risk. Analyse the complete payment model, minimum-revenue promises, compensation events and termination settlement. The financial model should support the legal classification rather than being prepared after the procedure is chosen.
Designing the competition
The concession regime allows procedural flexibility, but the competition must remain transparent and non-discriminatory. Describe the operating obligations, award method and intended negotiation process clearly. Value the concession using the applicable turnover-based rules, not merely the authority’s own subsidy. Consider duration against investment recovery and an appropriate return. Long duration should be supported by the actual economics of the project.
Allocating risk in the contract
Set out responsibility for permits, asset condition, maintenance, demand changes and regulatory developments. Distinguish risks the operator can manage from events controlled by the authority. Define tariff adjustment, reporting, service continuity and handback obligations. A broad promise to renegotiate later can undermine both bankability and the integrity of the original competition.
Managing disputes and changes
A bidder should test the classification and evaluation structure before committing to a long-term offer. After award, additional services, revised guarantees or extended duration require a procurement-law assessment as well as commercial agreement. A negotiated settlement is not automatically exempt from the rules governing material modifications.
Three practical situations
- A parking operator bears occupancy risk: test whether minimum-income guarantees neutralise that risk.
- A leisure facility requires major refurbishment: connect concession duration to the investment and operating model.
- A catering concession includes a public subsidy: examine the residual market risk instead of relying on the existence of the subsidy alone.
What to prepare for advice
Provide the proposed scope, estimated value, payment structure, intended timetable and the reasons for considering this route. If a procedure has already started, include the notice, all document versions and correspondence. We can then assess classification, procedural risk, contract terms and the available next steps together.
Official sources and further reading
Editorial review: 12 November 2026. Apply the rules and transitional provisions governing the start of the individual procedure.
Discuss your procurement project
Send the notice, tender documents, relevant correspondence and the next deadline. We assess the legal route, the work required and the proposed fee before taking further steps. For proceedings abroad, the scope of local-law advice and any involvement of local counsel are agreed for the specific matter.