9. Conclusion

Bid documentation is a very crucial step in the PPP project development process as the repercussion of the same are felt over the agreement period. It is to be noted that structuring issues cannot be resolved through bid documentation; drafting of the bid documents and other project documents puts into text the terms and conditions that emerge out of the project structuring exercise. To the extent possible, these documents need to be unambiguous so as to rule out disputes arising out of interpretation of its contents.

Ministry of Finance, Government of India has issued model RFQ & RFP for development of projects under PPP framework. In addition, there are also MCA available for development of National Highways and development of private sector projects in Major Ports. All these initiatives have benefited both the public entity and the private partner, as most of the sector specific terms and conditions associated with the procurement process and the PPP arrangement remain standard and it is only the project specific terms and conditions that vary. It also aids the private partner to be more informed of and equipped for the procurement process, especially with respect to the mode and manner of submission of bids.