Public Private Partnership (Amendment) Act 2018 – unsolicited proposals

The Public Private Partnership (Amendment) Act 2018 will permit (see section 15(2) PPP Act, as amended) exempt unsolicited proposals from competitive tendering in the following circumstances:

1. the project shall be of priority to the Government at the particular time and broadly consistent with the government strategic objectives;
2. the private proponent does not require Government guarantee or any form of financial support from the Government;
3. the project shall have unique attributes that justify departing from a competitive tender process and that others could not deliver a similar project with the same value for money outcome [changes from Bill];
4. the project is of significant size, scope and requires substantial [changes from Bill] financing as per conditions provided in the regulations;
5. the project shall demonstrate value for money, affordability and shall transfer significant risks to the private proponent;
6. the project has wide social economic benefits including improved services, employment and taxation; and
7. the proponent commits to bear cost of undertaking a feasibility study.

Upon approval of the project concept, the private proponent shall make a commitment to undertake the project by depositing a refundable amount of not exceeding 3% of the estimated cost of the Project [changes from Bill] (see section 15(3) PPP Act as amended).

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