Section 3: Communication during the development of the Second File

The Work Team may engage in controlled interactions with the market and/or potential bidders regarding a potential Privatization project during the development of the Second File. These interactions shall be limited to gathering feedback on a potential project and examining the market's capacity for and interest in a potential project. At NCP's option, NCP may participate in any Work Team interactions with the market and/or potential bidders.

The discussions during the Second File stage shall be designed to gather information on one or more proposed projects, and produce information that is intended to assist the Work Team in deciding whether and how a project should go forward, subject to appropriate approvals. The Work Team shall limit discussions at Second File stage to questions such as:

a)  Is the project realistic?

b)  What are the available solutions in the marketplace that would serve the entity's needs?

c)  What types of bidders and partners are available and who might be interested in the opportunity?

d)  What financial, service, and other technological options exist?

e)  Would lenders and financiers be interested?

f)  Are the assumptions on a project correct and reflective of industry practice?

g)  What is the global experience and perspective on a Privatization project of this type?

h) What Privatization models have been employed for projects of this type?

i)  What strengths and weaknesses can be identified in potential projects or approaches?

Such market research data may be obtained through online surveys or questionnaires published on the internet via publicly-accessible media.

Note: An Entity or Work Team may receive unsolicited calls or informational materials from the private sector from time to time regarding potential Privatization opportunities. The Entity or Work Team should be cautious in handling this information and materials and notify the sender that potential opportunities are pre-decisional, and that the gathering of information related to Privatization opportunities is initiated by the Kingdom, except in the case of unsolicited proposals. If the information or materials received amounts to an unsolicited proposal, then the unsolicited proposal procedures shall be complied with.

In all cases, communication with potential bidders shall be in accordance with the procedures of this Manual and applicable law.