Chapters 5 to 8 set out some of the commercial and legal issues to be considered in developing the framework for the JV, once the public sector body has decided that a JV is the best VfM option. Public sector bodies will then have to choose how to select their partner and what process to use for selection. The process of selecting a partner will need to be tailored to meet the business objectives of the JV and will depend on the nature of the project. For a JV to be successful it will need to be a genuine partnership between the public and private sector participants and so the process of selecting a partner will involve negotiations to set commonly agreed objectives and goals. In setting up the JV the public sector body will itself need to consider putting together the right team to manage the process and the support that it will need to do this effectively. This Chapter addresses: • the need to ensure selection complies with relevant policy and legal requirements; • the practical steps to be taken to select a partner; • the use of selection criteria to evaluate potential partners; • development and evaluation of the JV business plan; • how confidentiality agreements may be used during the selection process; • decisions on the governing law and jurisdiction for the JV, and • the application of competition law. |