45  Recommendation of the Evaluation Committee, its Approval, etc.

45.1  The Evaluation Committee shall prepare the evaluation report with recommendations and shall submit it to the Head of the Contracting Authority.

45.2  Each member of the Evaluation Committee shall collectively sign in the evaluation report, by certifying as follows -

"The Evaluation Committee certifies that the examination and evaluation has followed the requirements of the PPP Act and the applicable policies, rules, regulations, guidance, guidelines and/or notifications made there under and the terms and conditions of RFQ, RFP or IFB (as applicable) and that all facts and information have been correctly reflected in the evaluation report and that no substantial or important information has been omitted".

45.3  If the signatures of all the members of the Evaluation Committee are not available, then the evaluation report shall at a minimum be required to be signed by the required Quorum, provided that at least one member is from the Contracting Authority and one is an External Member.

45.4  A summary of the key milestones starting from the invitation of the Applications, Proposals or Bids shall be attached to the evaluation report by the Evaluation Committee.

45.5  The Evaluation Committee shall submit its evaluation report on Shortlisted Bidders along with all necessary documents to the Head of the Contracting Authority.

45.6  The Head of the Contracting Authority upon reviewing the evaluation report on the Shortlisted Bidders may either -

a)  approve the recommendation of the evaluation report; or

b)  seek any clarification from the Evaluation Committee on any specific issues in connection with such evaluation report and recommendation; or

c)  explaining the reasons -

i.  reject the evaluation report with recommendation and request the Evaluation Committee for a re-evaluation;

ii.  reject the recommendations and issue instructions to reprocess the selection of the Shortlisted Bidders.

45.7  Prior to issuing the list of Shortlisted Bidders, the Contracting Authority shall submit a copy of the evaluation report on the Shortlisted Bidders to the PPP Authority.

45.8  The Evaluation Committee shall submit its evaluation report on the Preferred Bidder along with all necessary documents to the Head of the Contracting Authority. The Head of the Contracting Authority shall thereafter forward the evaluation report on the Preferred Bidder to the Applicable Line Ministry along with a copy to the PPP Authority.

45.9  The Applicable Line Ministry upon reviewing the evaluation report on the Preferred Bidder may either -

a)  approve the recommendation of the evaluation report; or

b)  seek any clarification from the Evaluation Committee on any specific issues in connection with such evaluation report and recommendation; or

c)  explaining the reasons -

i.  reject the evaluation report with recommendation and request the Evaluation Committee for a re-evaluation;

ii.  reject the recommendations and issue instructions to reprocess the selection of the Preferred Bidder.

45.10  If the PPP Authority has any questions in relation to the evaluation report, then the PPP Authority may seek clarifications from the Contracting Authority and/or the Evaluation Committee.

45.11  Prior to selecting the Preferred Bidder, the Applicable Line Ministry and/or the Head of the Contracting Authority may contact the PPP Authority for any comments and/or feedback that the PPP Authority may have.