Development of Policy, Legal, and Insitutional Framework for - ppiaf

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Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report modification or addition shall be communicated to the bidders in the same manner as the request for proposals at a reasonable time prior to the deadline for submission of proposals. Criteria for evaluating technical and financial proposals 32. (1) The criteria for evaluation and comparison of the technical proposals shall include at least the following- (a) Technical soundness; (b) Compliance with environmental standards; (c) Operational feasibility; (d) Quality of services and measures to ensure their continuity. (2) The criteria for evaluation and comparison of the financial and commercial proposals shall include, as appropriate- (a) The present value of the proposed tolls, unit prices and other charges over the concession period; (b) The present value of the proposed direct payments by the Government Authority, if any; (c) The costs for the design and construction activities, annual operation and maintenance costs, present value of capital costs and operating and maintenance costs; (d) The extent of financial support, if any, expected from a public authority of the Republic of Malawi; (e) The soundness of the proposed financial arrangements; (f) The extent of acceptance of the negotiable contractual terms proposed by the Government Authority in the request for proposals; (g) The social and economic development potential offered by the proposals. Evaluation of proposals 33. (1) The Government Authority shall compare and evaluate each proposal in accordance with the evaluation criteria, the relative weight accorded to each such criterion and the evaluation process set forth in the request for proposals. (2) For the purposes of subsection (1) above, the Government Authority may establish thresholds with respect to quality, technical, financial and commercial aspects. Proposals that fail to achieve the thresholds shall be regarded as non-responsive and rejected from the selection procedure. THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 142
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report Resubmission of qualifications statement 34. The Government Authority may require any bidder that has been pre-selected to demonstrate again its qualifications in accordance with the same criteria used for preselection. The Government Authority shall disqualify any bidders that fails to demonstrate its qualifications if requested to do so. Ranking of proposals and ensuing negotiations 35. (1) The Government Authority shall rank all responsive proposals on the basis of the evaluation criteria and invite for final negotiation of the concession contract the bidder that has attained the best rating, final negotiations shall not concern those contractual terms, if any, that were stated as non-negotiable in the final request for proposals. (2) If it becomes apparent to the Government Authority that the negotiations with the bidder invited will not result in a concession contract, the Government Authority shall inform the bidder of its intention to terminate the negotiations and give the bidder reasonable time to formulate its best and final offer. If the Government Authority does not find the proposal acceptable, it shall terminate the negotiations with the bidder concerned. The Government Authority shall then invite for negotiations the other bidders in the order of their ranking until it arrives at a concession contract or rejects all remaining proposals. The Government Authority shall not resume negotiations with a bidder with which negotiations have been terminated pursuant to this paragraph. Negotiation of concession contracts without competitive procedures 36. Subject to the joint approval of Directorate of Public Procurement and the Agency, the Government Authority is authorised to negotiate a concession contract without using the procedure set forth in this Act in the following cases- (a) When there is an urgent need for ensuring continuity in the provision of the service and engaging in the procedures ser forth in this Act would be impractical, provided that the circumstances giving rise to the urgency were neither foreseeable by the Government Authority nor the result of the dilatory conduct in its part; (b) Where the project is of short duration and the anticipated initial investment value does not exceed the amount set forth in the Second Schedule hereto; (c) Where the project involves national defence or national security; (d) Where there is only one source 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; THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 143
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Development of Policy, Legal, and I
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31 March 2007 Mr. Constantine Chiko
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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