3.1 Unless stated otherwise, these Guidelines shall apply where the Contracting Authority is selecting a Private Partner for the delivery of its PPP Project under the framework of the PPP Act.
3.2 In case of any incomplete work which was initiated under the repealed Policy and Strategy for Public-Private Partnership (PPP), 2010 ("PPP Policy"), that work shall be completed in accordance with the provisions of the repealed PPP Policy as if it has not been repealed and these Guidelines shall not be applicable only to such extent.
3.3 Subject to the foregoing, these Guidelines shall immediately be applicable for the rest of the procurement process to be undertaken after completion of the above mentioned work initiated under the repealed PPP Policy.
3.4 In case of Unsolicited Proposals, these Guidelines shall apply subject to incorporation of the requirements of the Guidelines for Implementation of Unsolicited Proposals, 2016, as issued under Section 20 of the PPP Act.
3.5 These Guidelines shall not be applicable for national priority projects developed under Section 15 of the PPP Act.
3.6 Notwithstanding anything contained in any other provision of these Guidelines, for PPP Projects to be delivered through government to government ("G2G") partnerships, the Memorandum of Understanding ("MoU") and/or any other agreement entered into by the Government with any other sovereign government shall be applicable.
3.7 In cases where at least 50% of the financing (loan, equity, credit or grant) for the delivery of the PPP Project is being sourced from a multilateral or bilateral development partner, a multilateral or bilateral development bank, a foreign sovereign government or by one of its state owned entities, on the basis of an agreement reached between that entity or its parent organization and the Government or any of its line ministry, division or authority, then the bidding process to be carried out will be based on that agreement subject to any policies, rules, regulations, guidance, guidelines or notifications issued in this regard under the PPP Act. The details of the bidding process as set out in Chapter IV of these Guidelines shall not apply, unless stated otherwise in the agreement.