Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
<strong>Development</strong> <strong>of</strong> <strong>Policy</strong>, <strong>Legal</strong>, & Institutional <strong>Framework</strong> <strong>for</strong> the PPP Program in Malawi<br />
Final Report<br />
- a record <strong>of</strong> criminal or civil court cases pending or decided against them<br />
involving non-payment <strong>of</strong> tax, duty or other undertaking with PPC or any<br />
Government Instrumentality.<br />
Consortiums<br />
The Bidder, preparing a Proposal as a consortium, joint venture company or other <strong>for</strong>m<br />
<strong>of</strong> partnership, shall meet the following conditions:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
The Bidder shall identify a lead member who shall undertake to maintain not less<br />
than twenty five (25) % <strong>of</strong> the share <strong>of</strong> the Project Company <strong>for</strong> a period <strong>of</strong> not<br />
less than 5 years from the Commercial Operation Date. The lead member shall<br />
be responsible <strong>for</strong> all communications with <strong>and</strong> <strong>for</strong> the Bidder. The lead member<br />
shall submit with the Proposal powers <strong>of</strong> attorney, in terms acceptable to PPC,<br />
executed by all members authorising the lead member to execute the Proposal on<br />
behalf <strong>of</strong> the consortium.<br />
The lead member shall also submit resolutions from the Board <strong>of</strong> Directors <strong>of</strong><br />
each member company authorising that member's participation in the Proposal<br />
In the case <strong>of</strong> a company or incorporated joint venture, the Bidder shall provide<br />
its memor<strong>and</strong>um <strong>and</strong> articles <strong>of</strong> association; in the case <strong>of</strong> some other <strong>for</strong>m <strong>of</strong><br />
partnership agreement, it shall provide a memor<strong>and</strong>um amongst its members<br />
demonstrating their commitment to the Project <strong>and</strong> stating the proposed equity<br />
contributions.<br />
The Proposal shall be signed so as to legally bind all members, jointly <strong>and</strong><br />
severally, <strong>and</strong> the Proposal shall be submitted with a copy <strong>of</strong> the consortium<br />
agreement providing the joint <strong>and</strong> several liabilities with respect to the Project.<br />
The Bidder shall include at least one member who shall undertake to maintain<br />
not less than twenty five (25)% <strong>of</strong> the share <strong>of</strong> the Project Company <strong>for</strong> at least<br />
5 years from the Commercial Operation Date.<br />
The Bidder shall provide as part <strong>of</strong> its Proposal details <strong>of</strong> the role to be played by<br />
each <strong>of</strong> its members, their intended equity commitment <strong>and</strong> the organisation <strong>of</strong><br />
the proposed project company.<br />
Once the Bidder has submitted its Proposal <strong>and</strong> <strong>for</strong> as long as the Proposal is<br />
under consideration by PPC, the members may not dispose <strong>of</strong> their interest in, or<br />
withdraw from, the bidding consortium prior to execution <strong>of</strong> the PPA, unless<br />
with prior consent from PPC.<br />
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 177
Change language