3.1  Bidding process

The PPP bidding process involves a series of steps summarised in the chart below. The goal of the bidding process is to maximise value for money by creating appropriate incentives through a competitive process for the award of the long-term PPP contract.

During the bidding process, sufficient attention should be placed on the key good procurement principles of "transparency" and "equal treatment", which will help bolster the legitimacy of the PPP and its acceptance by stakeholders.

These good procurement principles must be respected from the time the formal tendering process begins. Informal discussions with companies may take place before the process formally begins (this is particularly important in respect of large projects). For example, while keeping in mind that achieving a level playing field amongst potential bidders is the eventual goal, the Authority may organise information days, technical briefings, early public release of technical documents and so on. As soon as the procurement notice is published, all potential bidders must be given equal treatment and a careful audit trail of all contacts with potential bidders must be kept. The equal treatment principle dictates that information provided to one potential bidder should be made available to the other potential bidders in a timely manner.

This section of the Guide focuses primarily on commercial principles of procurement having general applicability and not on the detailed requirements of EU legislation trans-posed into national law (although certain EU requirements will be noted in some instances). The goal is to convey to readers the logic and rationale behind the various steps and considerations, rather than to present them simply as procedures prescribed by law.

Authorities are encouraged to seek advice on all procurement activities, in particular on how to ensure that the procurement activities described here comply with the requirements of national law. The proper handling of procurement activities is crucial to the success of the PPP project in achieving value for money but also to avoiding legal challenges that could adversely delay the implementation of the project.