Section 46, The Public-Private Partnership Act, 2010

(1) A contracting authority shall prepare a request forsubmission of expressions of interest and the associated pre-selection bidding documents, after receiving approval from the PPP Council under section 28(1)(c). (2) A contracting authority shall submit the request for submission of expressions of interest and the associated pre-selection bidding documents prepared by it to the Unit for written authorisation to advertise, invite, solicit or call for bids for the purposes of engaging in pre-selection proceedings. (3) A contracting authority shall not issue a request for submission of expressions of interest for a public private partnership unless it obtains the written authorisation of the Unit. (4) The request for submission of expressions of interest shall be published in accordance with the regulations and rules issued under this Act. (5) The request for expressions of interest shall include at least the following:– (a) a description of the proposed PPP Project; Directions given by Procurement principles. Requests for expressions of interest and preselection bidding documents. 28 29 Revision of feasibility study. (b) an indication of the essential elements of the PPP Project, such as the– (i) services to be delivered by the private partner; and (ii) financial arrangements envisaged by the contracting authority; (c) a summary of the main required terms of the PPP Agree-ment to be entered into; (d) the manner and place for the submission of applications for pre-selection and the deadline for the submission, expressed as a specific date and time, allowing sufficient time for bidders to prepare and submit their expressions of interest; (e) the manner and place for solicitation of the pre-selection bidding documents; and (f) an appropriate statement to the effect that the contracting authority reserves the right to request proposals upon completion of the pre-selection proceedings only from a limited number of bidders that best meet the preselection criteria. (6) The pre-selection bidding documents shall include at least the following information: (a) the pre-selection criteria in accordance with section 47; (b) whether the contracting authority intends to waive any limitation on the participation of consortia in accordance with section 48; (c) whether the contracting authority intends to request only a limited number of pre-selected bidders to submit proposals upon completion of the pre-selection proceedings and, if applicable, the manner in which this selection shall be carried out; and (d) whether the contracting authority intends to require the preferred bidder to establish an independent legal entity under any other law in accordance with section 66.