New guidelines for unsolicited proposals

The Government has spelt out new guidelines relating to unsolicited proposals for state projects.

The proposals which have been set out in a circular will apply to all government institutions in reviewing and evaluating development proposals presented by the private sector.

These proposals need to be of a strategic nature from an economic development viewpoint and therefore need to be expedited.

The Government has decided that the mechanism known as ‘ Swiss Challenge’ will enable it to call for counter proposals in the event an unsolicited proposal is put forward by the private sector on its own initiative.

A Special Committee under the Cabinet Committee on Economic Management ( CCEM) will be empowered to decide whether counter- proposals should be called for or the original unsolicited proposal accepted.

In terms of the circular, after counter proposals are called, the original bidder will be given an opportunity to match the selected counter proposal, if the CCEM is of the view that the counter proposal is more competitive than the unsolicited offer.

In the event the original bidder is able to submit a second proposal which is an improvement on the first bid the CCEM will recommend the acceptance of the latter bid. In the event of a failure to submit an improved proposal by the orignial bidder the selected counter proposal will be accepted.

The original bidder or the party submitting the counter proposal will be able to make representations to a procurement Appeals Board.

The final contract will have to be submitted to the Cabinet for approval.