Section 51, The Public-Private Partnership Act, 2010

(1) A contracting authority shall prepare a Request for Proposals after the Unit has approved the pre-selection report. (2) A Request for Proposals shall include the following - (a) general information as may be required by the bidders in order to prepare and submit their proposals; (b) criteria for evaluating technical offers, and the thresholds, if any, set by the contracting authority for identifying non-responsive proposals, the relative weight to be accorded to each evaluation criterion and the manner in which the criteria and thresholds are to be applied in the evaluation and rejection of proposals; (c) the date by which the bidders’ proposals must be submitted, expressed as a specific date and time, allowing sufficient time for bidders to prepare and submit their proposals in response to the final version of the Request for Proposals; (d) a set of tender documents emphasizing functional requirements and performance criteria of the PPP Project, rather than input Evaluation of qualifications Approval of pre-selection report by Requests for Proposals. 32 33 specifications for the PPP Project, and a draft of all proposed PPP Agreements for the proposed PPP Project; and (e) the requirements with respect to the issue of, and the nature, form, amount and other principal terms and conditions of, the required bid security. (3) A Request for Proposals shall request the submission of both a technical offer and a financial offer, which shall be two separate documents as follows:–. (a) the emphasis of the technical offer shall be on the overall design of the PPP Project as well as on the related quality and conditions of delivery, including the contracting authority’s requirements regarding safety and security standards and environmental protection; (b) the emphasis of the financial offer shall be on the lowest average price for the service over the lifetime of the PPP Project. (4) The contracting authority shall submit the Request for Proposals to the Council and the Unit for review, prior to issuing the Request for Proposals to the pre-selected bidders. (5) A contracting authority shall not issue a Request for Proposals to any pre-selected bidder unless it receives approval from the Council to issue such Request for Proposals. (6) In support of a request for the approval, by the Council, of the issuance of a Request for Proposals, the contracting authority shall provide the Unit and the Council with a full legal and financial analysis of each proposed PPP Agreement to be attached to the final Request for Proposals, including an analysis of any investment incentives offered to a private partner by or on behalf of a contracting authority.