An exclusive mandate is a right given to a private sector party to fully develop a proposal that it has brought to government on an unsolicited basis. Key features of an exclusive mandate are that:
∙ it provides the private sector party the opportunity to fully develop its proposal for government's consideration in a non-competitive situation
∙ it is granted at the government's sole discretion
∙ it is granted for a fixed duration specified by the government, having regard to the particular circumstances of the proposal
∙ unless withdrawn earlier by government, the exclusive mandate remains in force until such time as the government makes a determination in relation to implementation of the project
∙ its operation is governed by a detailed set of terms and conditions specified up-front by the government
∙ while the exclusive mandate is in force, the government would not:
- consider any proposal submitted by any other person, where the objective of that proposal is to satisfy the same, or essentially the same, service requirement or
- deal with any such person in relation to such a proposal, except as required at law.
∙ the proposal developed under the exclusive mandate and submitted for government's consideration would be legally binding on the private sector party
∙ it does not give the private sector party an automatic right to implement its proposal. The government must be satisfied that the final proposal satisfies the evaluation criteria.