Section 60, The Public-Private Partnership Act, 2010

Subject to the approval of the Council and, after obtainingthe advice of the Unit, a contracting authority may negotiate a PPP Agreement without using the procedure set out in sections 45 to 59, in the following exceptional situations:– (a) when there is an urgent need for ensuring continuity in the provision of the service and engaging in the procedures set out in this Part would be impractical; provided that the circumstances giving rise to the urgency were neither foreseeable by the contracting authority nor the result of any dilatory conduct on its part; (b) where the project is of short duration and the anticipated initial investment value does not exceed an amount prescribed by the Council; (c) where the project involves national defense or national security; (d) where there is only one source capable of providing the required service, such as when the provision of the service requires the use of intellectual property, trade secrets or other exclusive rights owned or possessed by a certain person or persons; (e) where pre-selection bidding documents or a request for proposals has been issued but no responses were received, or all proposals failed to meet the evaluation criteria set out in the request for proposals, and if, in the opinion of the contracting authority, issuing new pre-selection bidding documents and a new request for proposals is not likely to result in an award within the required time frame; or (f) in any other case where the Council authorises such an exception for compelling reasons of national or public interest. Reconfirmation of qualifications. Approval of evaluation report by Council approval prior to finalisation. Circumstances authorizing award without competitive procedures. 38 39