Section 39, The Public Private Partnership Act, 2014

(1) A contracting authority, in conjunction with the Unitshall prepare a request for submission of expressions of interest and the associated pre-selection bidding documents, and when applicable, after approval from the Cabinet pursuant to Section 25(2)(a) has been obtained. (2) The request for submission of expressions of interest shall be published in accordance with the regulations issued under this Act. (3) The request for submission of expressions of interest shall include at least the following- (a) a description of the proposed PPP Project and contracting authority; (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 Agreement 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. (4) The pre-selection bidding documents shall include at least the following information: (a) the pre-selection criteria set out in Section 40 of this Act; (b) whether the contracting authority intends to waive any limitation on the participation of consortia in accordance with Section 41; (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 59.