Section 44, The Public Private Partnership Act, 2014

(1) A contracting authority, or the Unit, shall prepare arequest for proposals after preparation of 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, 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 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; Evaluation of qualifications. Pre-selection Participation of consortia. Requests for 34 35 (d) a set of tender documents emphasizing functional requirements and performance criteria of the PPP Project, rather than input specifications for the PPP Project and a draft of the proposed PPP Agreements for 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 envelopes: (a) The emphasis of the technical offer shall be on the overall design of 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 will be based on the criteria set from the final approved feasibility study. (4) For complex PPP Projects, the contracting authority, in conjunction with the Unit, shall submit the request for proposals to the Cabinet for review, prior to issuing the request for proposals to the pre-selected bidders. (5) For complex PPP Projects, the contracting authority, in conjunction with the Unit, shall not issue a request for proposal to any pre-selected bidder unless it receives approval from the Cabinet to issue the request for proposals. (6) In support of a request for approval by Cabinet, of the issuance of a request for proposals for a complex PPP Project, the contracting authority, in conjunction with the Unit, shall provide Cabinet with a full legal and financial analysis of the proposed PPP Agreement to be attached to the final request for proposals.