InfraKAP is
a company investing in the preparation of private initiatives for the implementation
of infrastructure projects under concession terms or public-private partnership
agreements.
Investments are made at the expense of own and raised funds, engaging partners in preparation and implementation of private initiatives, using commercial loans from professional service companies.
“Private
initiative” is a non-competitive procedure for entering into a concession
public-private partnership agreement.
As part of a private initiative, any interested person can address a public-law entity and disclose to them the conditions for that person to implement the project. The application form is established at the regulatory level and suggests the initiator’s provision of the proposed agreement, setting forth all the material terms and conditions.
The costs of private initiative preparation are borne by the private investor. Meanwhile, the public party provides the information needed to prepare the project as part of preliminary negotiations.
The initiator
will send the prepared offer for implementation of the project to the
government (of the Russian Federation or the region, or municipality). The
government will specify the authorized agency to study the initiative under the
procedure prescribed for concession agreements or PPP agreements.
After studying the initiative, the authorized agency can take one of the three decisions:
- to refuse to enter into the agreement (in the cases strictly limited by law;
- on the possibility to enter into the agreement under the terms and conditions proposed by the initiator;
- on the possibility to enter into the agreement under other terms and conditions.
In the latter case (the most likely scenario), in order to agree on a compromise version of the agreement, the parties begin negotiating.
The draft agreement that suits the public party is to be published on the official website www.torgi.gov.ru. Within 45 days, any interested parties can apply to participate in the project under those terms and conditions. If such persons exist, a full-fledged tender to be held (the law does not establish the period, during which the tender should be announced).
Otherwise, the agreement is made with the original initiator.
