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 The purpose of the Pre-Bid Meeting will be to answer questions Bidders may have concerning technical matters, contractual issues and the bidding and selection processes. Bidders are asked to submit their questions by way of a request for clarification in accordance with Section 4.4. Provided they are received no later than 4 (four) Business Days before the Pre-Bid Meeting, such questions will receive a response at the meeting. PPC may reserve its position on any questions or requests for clarification made at the Pre-Bid Meeting. Amendments to the RFP (including the Model PPA) arising from matters raised at the Pre-Bid Meeting will be made through the issue of Addenda and not through the minutes of the meeting. The following will be transmitted without undue delay to all Bidders: Minutes of the Pre-Bid Meeting; which includes all questions and requests for clarification raised during the Pre-Bid Meeting along with answers. Additional Notifications which includes all questions and request for clarificationNotifications, which includes all questions and request for clarification, raised after Pre-Bid Meeting along with answers. Amendments to the RFP if any. Any Additional Notifications or Addenda will be issued in accordance with Section 4.4. In the case of any discrepancy between any answer given at the Pre- Bid Meeting and that confirmed later by Additional Notification or Addendum, the Additional Notification or Addendum shall prevail. Clarifications and Amendments Requests for Clarifications Bidders seeking clarification of information in the RFP shall submit their requests in writing to the Tender Committee. Requests for clarification or interpretation shall be submitted using the form set out in _________. The Tender Committee will reply to such requests for clarification or interpretation by way of an Additional Notification issued within seven (7) days from the date of receipt of the request. Additional Notifications will be sent to all Bidders. Bidders are cautioned that no Representative of PPC or any Government Instrumentality is authorised to explain or interpret the RFP, and that any interpretation or explanation, if not given in the form of an Additional Notification or Addendum, must not be relied upon. Requests for clarification shall be received no later than four (4) weeks prior to Bid Closing for the bids, and no Additional Notification, Addenda or other reply shall be made with respect to requests received later than this deadline. THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 174
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report Amendments to the RFP - General Only amendments to the RFP (including the Model PPA) made by the issuance of Addenda by PPC shall be considered binding on PPC. PPC may issue Addenda at any time up to three (3) weeks prior to Bid Closing. A copy of each Addendum shall be sent to all Bidders, in hard copy as well as soft copy by email, on the same date. Bidders shall promptly acknowledge by facsimile or email receipt of Addenda and shall note in their Proposals all Addenda received. Late receipt of an Addendum by the Bidder or failure to acknowledge receipt thereof shall not relieve the Bidder of being bound by such Addendum. In order to afford Bidders reasonable time in which to take a clarification or amendment into account in preparing their Proposals, PPC may, at its discretion extend the Bid Closing in accordance with Section 4.10.4. Amendments to Model PPA It is important that the Model PPA is executed and the Project expedited without protracted negotiation or delay. The Model PPA provided in the RFP is therefore written to offer adequate incentives to prospective investors and protection to their Lenders. Bidders are encouraged to minimise deviations to the Model PPA. Proposals containing material deviations to the Model PPA subject to rejection. However, Bidders may seek changes to the Model PPA not later than four (4) weeks prior to Bid Closing by following the procedures stipulated below. If Bidders have concerns with the Project that in their view are not satisfactorily addressed in the Model PPA, the Bidders may propose amendments to the Model PPA in the format specified in Annex V, “Proposed Amendments to Model PPA”. Prior to deciding its response to Bidders’ proposed amendments, PPC may invite Bidders, individually or collectively, to discuss the proposed amendments. PPC may, at its sole discretion, accept proposed amendments and accepted amendments will be incorporated into the Model PPA through Addenda issued pursuant to Section 4.4.2. In proposing amendments to the Model PPA, Bidders shall allow sufficient time for the Tender Committee to consider such amendments, discuss them with Bidders (if appropriate and desirable), determine a response and issue Addenda (if appropriate). THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 175
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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