Once a proposed Privatization project has navigated the preparation phases and has received Third File approval, the respective Work Team shall establish the procurement process most compatible for achieving the project's objectives.
This Section identifies how a Work Team shall conduct the procurement and determine to whom a Privatization project may be awarded. While the concepts and processes that follow are mandatory, they provide a high level structure for the Work Team to follow and certain aspects of the procurement will be determined on a case-by-case basis and in close coordination with the Supervisory Committee and NCP.
The procurement process commences with the Work Team updating and refining the Procurement Plan developed during the Third File preparation. The Procurement Plan outlines the process and resources that will be necessary to procure the project. With approval, and guided by the Procurement Plan, the Work Team shall commence stakeholder engagement and a program of communication with the private sector advertising that the Privatization opportunity is available.
As part of this process, the Work Team shall prepare and issue a Request for Qualification (RFQ) document which will solicit statements of qualification from interested bidders. After receiving qualifying materials from bidders, the Work Team shall evaluate the bidders' qualifications and present a proposed 'shortlist' of bidders to the Supervisory Committee for approval.
If the Supervisory Committee approves the shortlist, the Work Team shall move into the Request for Proposal stage where shortlisted bidders will be invited to bid and compete on the Privatization opportunity. After bid submission, the Work Team will evaluate the bids to identify a preferred bidder, or, determining that a best and final offer step will be necessary to allow bidders to enhance their bids, then identify a preferred bidder. The Work Team will make a recommendation to the Supervisory Committee that the Work Team and the preferred bidder be allowed to enter talks to finalize the agreement. Once the agreement is finalized, the Supervisory Committee will again review and consider the project for final approval, and submit it to CEDA for ultimate approval (unless CEDA delegates this authority to the Supervisory Committee) and obtain authorization for the Supervisory Committee to enter the agreement.
Key aspects and guidance for the procurement process are further detailed in this Section.