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Risk Management in Transport PPP Projects

In the Islamic Countries

212

The PPP legislation does not explicitly allow the submission by the private sector of

unsolicited

proposals

. There are no guiding principles to deal with unsolicited proposal and the topic is not

part of the PPP guidelines. Nevertheless, they are allowed in practice and PPP guidelines tacitly

applies to both solicited and unsolicited proposals. However, the current practice seems to

reveal (see Zin Zawawi, 2016) that unsolicited proposals are awarded to the original proposer

through a direct negotiation process without any competitive bidding.

5.6.4.

Procurement and contracting

Procurement strategies

Once the Cabinet has approved a PPP project as it addresses a real need for the government and

ensures VfM, it is time to start the procurement process. The chart in the Figure below

summarizes all the steps of the PPP procurement process.

Figure 9: Steps of the PPP procurement process

Note: RFP stands for “Request for Proposal”. Source: UKAS website.

The public procurement notice of the PPP is issued online (The World Bank, Benchmarking PPP

procurement 2017 in Malaysia). It generally includes the technical and financial qualifications

that bidders must meet, the amount and forms of bid security, if any, the criteria against which