3.2.29 THIS IS AN IMPORTANT STAGE IN THIS WHOLE PROCESS TO SELECT THE PPP PROVIDER. As a guide, this market feedback period should be at least 3 months. This market feedback period, between the issue of the ITT and the closure of the ITT, serves two significant aims:
a) It helps both the GPE and the potential bidders to understand what the terms and conditions of the PPP contract as stipulated in the PPP tender mean and the implications these terms and conditions pose. This will help the bidders evaluate the legal and financial implications of the PPP deal, and thus better decide whether to participate in the tender; and
b) It allows the GPE to amend the terms and conditions of the PPP contract, if necessary, to make it more robust and viable before the tender closes such that there will be strong bidding interests from potential providers.
3.2.30 Typically there will be three types of information exchanges between the GPE and the pre-qualified bidders during the market feedback. GPEs must clearly state in the ITT what these are and how each will be dealt with accordingly.
3.2.31 The first type of information exchange refers to pre-qualified bidders seeking clarification. Clarifications refer to queries raised by the bidders for which the bidders will want an answer from the GPEs. These queries can be on the PPP contract, the tender specifications, or any other aspect of the PPP project. Such clarification is to be submitted in writing to the GPE.
3.2.32 The GPE should allow at least 1 round of written clarification during this period before the tender closes. It should state the deadlines for each of these rounds of feedback. Pre-qualified bidders should submit their written queries by these deadlines. The GPE will release to all the bidders its written replies to all the clarification. The reason for publishing the replies for the information of all pre-qualified bidders, irrespective of who has raised the clarification, is to ensure that all pre-qualified bidders have the same and common level of understanding on the PPP project. The GPE should carefully prepare a written reply to all these queries within the specified time frame and disseminate the full and same list of queries and answers openly. All correspondences arising from the feedback process must be documented and kept properly within the GPE.
3.2.33 The second type of information exchange refers to suggestions. By suggestions, these refer to any ideas or proposals which the pre-qualified bidders may have, and which it wishes to make known to the GPE. For instance, the suggestion can relate to the PPP contract, the tender specification or any other aspect of the PPP project. Suggestions should be sent in sealed envelope to the GPEs, and be marked confidential by the bidders. Upon receiving the suggestions, the GPE will ensure that it will not disclose the suggestion. Nonetheless, the GPE is not required to reply to the suggestion. Nor is it obliged to accept the suggestion. In the event that the GPE does accept the suggestion, it will amend the PPP tender documents (such as the tender specifications or the PPP contract) accordingly.
3.2.34 The third type of information exchange refers to alternative proposals on how the GPE's needs can be met. Such information is of commercial interest to the bidders. Bidders may wish to submit such alternative proposals to the prescribed tender specifications instead as part of their official response to the PPP tender, as a variant bid. GPEs must make clear to the pre-qualified bidders that alternative proposals submitted as variant bid can only be considered provided that the GPEs also submit their base bid in accordance with the specifications of the PPP tender.
3.2.35 GPEs may hold a tender briefing during the period to explain the ITT and the various information exchanges that may take place during market feedback. The tender briefing should be open to all pre-qualified bidders including their financiers.