All contracts would be awarded on the basis of a transparent process, under the ambit of the Karnataka Transparency in Public Procurement Act(KTPP) Act (Act 29 of 2000),or under a “Swiss Challenge” format as set out in Clause 29, after getting exemption under section 4(g) of the KTPP Act. In all cases, the award criteria would spelt out upfront. The stages in the procurement process could be single stage or multi-stage, depending on the size or level of complexity of the project. For this purpose, GoK may use the services of suitably qualified independent advisers with the requisite technical knowledge. Generally, the stages in the procurement process would include:
The criteria used for selection would include objective technical/ financial parameters, such as:
A Private Sector Participant (Proposal Initiator) may submit a suo-moto/ innovative proposal (Original Proposal) to GoK/ GoK Agency for setting up an Infrastructure Project containing the following:
GoK would, in the first instance, assess the public need for the Infrastructure Project. In case the Infrastructure Project is found to satisfy a public need, GoK would assess the technical feasibility/ suitability of the Original Proposal and modify the same, if required. GoK may carry out additional studies for the project, if required.
After evaluating the proposals and considering it suitable, GoK would, put up competitive bidding for counter proposals (“Swiss Challenge”). The original proposal (except proprietary information and details of financial proposal) and contract principles of the Original Proposal would be made available to any interested applicants. If competitive bidding process results in a superior proposal, the Proposal initiator would be given an opportunity to match the competing counter proposal within a stipulated time-frame, and be selected as the project concessionaire. If the proposal initiator declines to match the superior counter proposal, then the applicant that has made the superior proposal would be selected as the concessionaire. Upon such selection, GoK/GoK Agency concerned shall cause/ arrange to reimburse to the Proposal Initiator, a part or the whole of the development costs, as determined upfront and declared in the bidding documents, and may recover the same from the successful bidder.
GoK would evaluate all proposals received for any Infrastructure Project. GoK may also choose to appoint suitable external advisors or consultants, where necessary, for the purposes of evaluation.
In order to facilitate expeditious project implementation, GoK would endevour to conclude the evaluation process for all Infrastructure Projects within 90 days from the date of submission of the final proposals. In the case of suo-moto proposals, GoK would decide to proceed with the bidding process within 180 days of their submission.
In any event, GoK would endeavour to provide all necessary State-level clearances and enable implementation of any Infrastructure Project being taken up through Public Private Partnerships within 180 days from the date of submission of the final proposals for such project.
(See the Infrastructure Policy – 2007 para 27-31)
Note: The GoK Agencies are required to co-ordinate with PPP Cell in IDD.