In recent years there has been increasing amount of public spending on infrastructure & development projects like building new roads, highways, power plants, bridges & flyovers, land and sea ports, rail links, multipurpose overpasses etc. The said works are carried out by local and international contractors having a high level of expertise in general. Depending on the nature of the project, sector & parties involved, mode of procurement can be very different.
Generally, as per the policy and guideline of the Public Private Partnership Authority (PPPA) and other procurement rules & regulations, procurement can be classified as follows: G2G partnership for PPP; PPP projects and Non-PPP projects.
Depending on the “principal approval” of ERD, the concurrence of concerned law ministry & ”principal approval” of PPPA a project can be G2G implemented PPP project (solicited/unsolicited) or only PPP project (solicited/unsolicited). The bidding process for the solicited project (whether for PPP or non-PPP) may also vary depending on the approval.
Participating in bid complying timetables & also preparing documents as per instruction of tender documents, preparing an unsolicited proposal, etc. is a very challenging work both for national & international bidders. Relevant law comes into play when it comes to bidding/submitting proposal, e.g., Policy for Implementing PPP Projects through Government to Government (G2G) Partnership, 2017, Procurement Guidelines for PPP Projects, 2016, Guidelines for Unsolicited Proposals, 2016, Public Procurement Act 2006, Public Procurement Rules, etc., and hence requires legal support.
Legal services are often required for negotiation of contractual terms and also in taking timely steps and filing complain or other lawful recourse while evaluation is taking place in a highly competitive environment.