Box 15: Unsolicited Proposals
Under the Philippines’ Build–Operate–Transfer (BOT) Law, national or local authorities were
able to accept unsolicited proposals for BOT projects on a negotiated basis if:
• The project involves a new concept or technology and is not already listed in the roster
of priority projects identified by the government.
• No direct government guarantee, subsidy, or equity is required.
• The project is submitted to a price test or “Swiss challenge” from competitors.
The price test works as follows: the agency awarding the project must invite comparative
proposals to any unsolicited proposal it has received. The invitation to tender must be pub-
lished in a newspaper of general circulation for at least weeks. The published invitation must
inform potential bidders where to obtain tender documents; however, proprietary information
contained in the original proposal is confidential and may not be disclosed in the tender docu-
ments. Competitors have 60 days to submit competitive proposals. If a lower-priced proposal
is received, the original proponent has 0 days to match it and win the contract. Otherwise,
the award goes to the lower bidder. This challenge has been used, for example, in the case
of a New Zealand developer who submitted a proposal to the National Power Corporation to
rehabilitate and maintain a 50-megawatt hydro plant, challenging an unsolicited proposal
by an Argentine company.
Source: Republic of the Philippines. 199.
7 Public–Private Partnership Handbook
Of course, the advantages of competition are seen only if there is sufficient interest to
generate multiple bidders. A failed auction is highly visible and an embarrassment to the
government—another reason careful preparation is important.
The typical competitive bid process has the following activities:
•
Public notification of tender
•
Contacting/marketing to potential bidders
– preliminary information memorandum
–
road show
–
pre-bid conference
–
bid document consultation
•
Preselection
•
Shortlisting or Prequalification
•
Tendering
–
selection of bid and evaluation process
– distribution of bid documents and draft contract
– interactions with bidders
– evaluation and selection
– negotiations and award
•
Transition
–
t
ransition/handover strategy
– worker rights and payments.
The competitive bid process can either be one stage or two stages. In the single-stage
process, technical and financial bids are submitted simultaneously in response to a request
for proposals. In the two-stage process, a technical response is submitted first and com-
ments are provided. In the second stage, a revised technical bid is submitted together with
a financial bid.
Communication between the public and private sectors may be strictly limited or a degree
of open (although structured) communication may be important to the success of a large-
scale PPP.
Competitive bidding for basic operation, maintenance, and service contracts can be relatively
straightforward as the scope of services is readily defined and often quantifiable. More
complex PPPs like BOTs, concessions, and joint ventures are more challenging procurement
processes because both the starting information and the result are often unclear. The typical
information gaps, the length of time over which the contract is implemented, and the range
of externalities all conspire to make it difficult to set finite targets and predict outcomes.
Introduction
An example of a competitive bidding was the construction of Sydney’s Orbital Motorway,
see Box 16.
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