V. FLEXIBILITY AND RENEGOTIATION

Yes/No

Comments

45. Are all anticipated (foreseen) changes in service provision pre-specified in the contract, so they can be part of the initial bid?

46. Does the contract include provisions allowing the public-sector party to require other likely small changes that cannot be pre-specified exactly and therefore cannot be priced at the competitive tendering stage?

47. If yes, does the contract pre-specify exactly how compensation to the private-sector party for the extra costs arising from these required small changes should be calculated?

48. In particular, is any cost reimbursement compensation backed by benchmarking or market testing procedures before changes are approved and implemented?

49. Is there a third party (e.g. panel of experts) involved in approving the cost reimbursement before changes are implemented?

50. For completely unanticipated large change needs, does the contract precisely specify a transparent change protocol through which proposed changes are requested, assessed, approved, and implemented?

51. Are independent third parties involved in such a change protocol and in particular at the approval stage?

52. Does the change protocol require and detail benchmarking or market testing procedures before these larger unanticipated changes are approved and implemented?

53. Does the contract specify a freeze period at the beginning of the contract life within which no change can be requested by any party?

54. Is this freeze period proportional to the construction phase period of the project?

55. Is this freeze period longer for contract changes required by the private-sector party than for those required by the public-sector party?

56. Does the contract specify fees to accompany the private-sector demand for contract changes to be withheld by the public-sector party if the change requested is rejected?