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Risk Management in Transport PPP Projects

In the Islamic Countries

139

available to all tenderers. Potential bidders shall have a minimum period of 21 calendar

days to submit their bids. Request for clarifications can be submitted by the bidders within

the deadline for submission of their proposals, which shall be responded by the procuring

authority and made public to all possible competitors;

Submission of the proposal by the bidders, including the technical offer and the financial

model intended to be adopted for the PPP, which will be subject of evaluation as part of

the tendering process;

Opening assessment and evaluation of the bids and identification of the technical

proposals eligible for subsequent evaluation of the financial offer. Evaluation and award

criteria shall be specified in the tender dossier issued by the procuring authority. The

assessment results in the classification of the proposals and ranking of the first three

bidders and appointment of the preferred bidder;

Analysis of the outcome of the bid evaluation and of the PPP projects by APIEX and

decision/authorization by the competent governmental authority to grant the PPP

concession;

Award of the contract to the first classified bidder and conjoint communication to all

bidders of the outcome of the procedure. Possibility by interested bidders, to express

complaints and advance request of clarifications about possible irregularities that could

have affected the evaluation process, ranking and identification of the successful bidder.

Award notices are published online and all bidders are provided with the outcomes of the

PPP procurement process. A period of 30 days is allowed for the presentation of claims. A

summary of the PPP contract is also published in the Official Gazette. The full PPP contract

is however not made available to the public;

Negotiation of the PPP contract that according to existing literature occurs on the basis of

a draft contract model provided by the overseeing cabinet of the Ministry for discussion.

Provided that a standard model does not seem to be in use, the PPP legislation is specific

in detailing the main chapters and content of the contract (WB, 2018);

Conclusion of the PPP commercial contract including its elements (e.g. financial agreement

etc.), and its registration and subsequent implementation.

PPP contractual arrangements

PPPs in Mozambique may take the form of a concession agreement, assignment of operation

agreement or management agreements, which may assume one of the following

concession

sub-types

:

Build, Operate Transfer (BOT);

Design, Build, Operate and Transfer (DBOT);

Build, Own, Operate and Transfer (DBOT);

Design, Build, Own, Operate and Transfer (DBOOT);