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A Concession Agreement lets a private company operate public assets or provide public services under specific terms. In Ireland, these agreements are common for infrastructure projects like toll roads, ports, or public transport systems - where the government grants a business the right to build and run facilities while keeping ownership of the underlying assets.

The agreement sets out key details like operation length (often 20-30 years), service standards, pricing rules, and what happens when the concession ends. Under Irish law, these contracts must follow strict public procurement rules and typically include provisions for regular oversight by state bodies to protect public interests while giving businesses enough commercial freedom to operate efficiently.

Use a Concession Agreement when your government agency needs to partner with private companies for major public infrastructure projects while maintaining public ownership. These agreements work perfectly for Irish local authorities developing toll roads, managing waste facilities, or operating public transport systems where you need private sector expertise but want to keep strategic control.

The timing is right for a Concession Agreement when your project requires significant private investment but must follow public procurement rules. It's especially valuable when you need to define long-term operational standards, set clear pricing mechanisms, and establish maintenance requirements while ensuring compliance with Irish public-private partnership regulations.

• Build-Operate-Transfer (BOT): Most common in Irish infrastructure projects - private company builds and operates the facility, then transfers it back to the government after 20-30 years
• Build-Own-Operate (BOO): Private entity retains ownership but operates under strict government oversight - typical for power plants and waste management
• Operate-Maintain: Government owns existing infrastructure but grants private operation rights - common for toll roads and public transport
• Rehabilitate-Operate-Transfer: Private company modernizes aging facilities before operating them - popular for ports and historical buildings

• Government Agencies: Local authorities and state bodies who grant concession rights while maintaining oversight of public assets
• Private Companies: Infrastructure developers, transport operators, and service providers who invest in and manage the concession projects
• Legal Teams: Public sector solicitors and private practice lawyers who draft and negotiate Concession Agreement terms
• Technical Advisors: Engineers and consultants who help set operational standards and performance metrics
• Financial Institutions: Banks and investors who provide project funding and require specific provisions in the agreement

• Project Scope: Define the exact infrastructure or service being granted, including physical boundaries and operational requirements
• Duration Planning: Calculate optimal concession length based on investment recovery and public benefit metrics
• Performance Standards: List specific service levels, maintenance requirements, and quality benchmarks
• Financial Model: Outline revenue mechanisms, pricing structures, and any government subsidies or guarantees
• Risk Allocation: Map out which party handles different operational, financial, and legal risks
• Exit Strategy: Detail handover conditions, asset transfer procedures, and early termination scenarios

• Parties and Authority: Full legal names, addresses, and proof of authority to enter agreement
• Scope Definition: Detailed description of concession rights, assets involved, and operational boundaries
• Term and Extensions: Clear duration, conditions for renewal, and termination provisions
• Performance Standards: Specific service levels, maintenance requirements, and quality metrics
• Financial Terms: Revenue sharing, tariff structures, and payment mechanisms
• Risk Allocation: Clear division of operational, financial, and legal responsibilities
• Dispute Resolution: Irish jurisdiction clause and specific arbitration procedures

A Concession Agreement differs significantly from an Asset Purchase Agreement in several key ways. While both involve valuable assets, their fundamental purposes and outcomes are quite different.

• Ownership Transfer: Concession Agreements maintain public ownership while granting operational rights; Asset Purchase Agreements permanently transfer ownership to the buyer
• Duration: Concession Agreements typically last 20-30 years with possible extensions; Asset Purchase Agreements represent a one-time permanent transfer
• Government Involvement: Concession Agreements require ongoing government oversight and regulation; Asset Purchase Agreements need minimal government involvement after completion
• Operating Requirements: Concession Agreements include detailed service standards and public interest provisions; Asset Purchase Agreements focus mainly on transfer terms and warranties
• Risk Structure: Concession Agreements share risks between public and private entities; Asset Purchase Agreements typically transfer all risks to the buyer