Selection of JV partner(s)

1.30 A public sector body should normally expect to have to competitively procure a JV partner, although there may be some exceptions where the EU public procurement rules may not strictly apply as set out in Chapter 9. Chapter 9 builds on the introduction to competition and procurement issues set out in Chapter 3 including typical selection processes and selection criteria applicable to a JV.

Table 1.B: Indicative activities to consider at key stages of JV establishment

Initial Planning

Option appraisal

Business case and detailed planning

Selection of JV partner(s)*

Launch and manage JV

Agree business scope and objectives

Benefits realisation

Confirm legal powers

Consider reputation and propriety issues

Likely classification, accounting and other regulatory matters

Identify staff and other resources issues

Project governance arrangements

Market analysis and research

Appoint advisers

Initial due diligence on assets/IP

Initial valuations

Preliminary appraisal of project/delivery options

Initial legal, financing, technical, tax accounting, reviews

Identify any decisions needed in relation to key issues e.g. State Aid, competition rules, classification, etc

Further market sounding

Work up detailed proposals for JV:

- legal structure

- asset transfers

- staff transfers

- financing

Establish procurement approach

Governance and management

Exit and termination strategies

Assemble material for info. Memorandum

Decide selection criteria o Prepare outline heads of terms agreement

Issue of information memorandum

Pre-qualify bidders

Enter dialogue phase*

Agree initial form of business plan

Agree forms of document

Call for final tenders

Identify preferred partner(s)

Bidders undertake due diligence

Final business case approval

Fine tune documents

Finalise and monitor business plan

Launch JV

On-going resourcing and management of JV

* Assuming competitive selection is undertaken using the competitive dialogue procedure, see Chapter 9; it is however possible that a restricted procedure may also be appropriate.