Section 53, The Public Private Partnership Act, 2014

Subject to the approval of Cabinet and with the supportof the Unit a contracting authority may negotiate a PPP Agreement, subject to subsection (2) of section 4 without using the procedure set out in sections 38 to 52, in the following exceptional circumstances- (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 VII would be impractical; provided that the circumstances giving rise to the urgency were neither foreseeable by the contracting authority or the Unit nor the result of any dilatory conduct on the part of the contracting authority or the Unit; (b) where PPP Project involves national defence or national security; (c) 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; (d) 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 (e) in any other case where the Cabinet authorises such an exception for compelling reasons of national or public interest .