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Competitive Award of Unsolicited Infrastructure Proposals: A Recent Supreme Court Verdict Unveils Fresh Opportunities for Procurement Reform in India

H.C.M. Rajasthan State Institute of Public Administration, Jaipur, Rajasthan, Occasional Paper No. 17

16 Pages Posted: 2 Sep 2009 Last revised: 14 Oct 2014

Sandeep Verma

Department of Science & Technology

Date Written: August 31, 2009

Abstract

This short paper explores certain issues unique to competitive evaluation and award of procurement contracts based on unsolicited proposals relating to public infrastructure projects and concessions, with a focus exclusively on projects that do not involve proprietary intellectual property solely available with one supplier. It specifically assesses two procurement procedures frequently used for award of such infrastructure projects — the “Swiss Challenge” system and the “Bonus” system — against the objectives of maintaining transparency, fairness and competition in such awards in view of the guidelines enumerated by the Supreme Court of India in a recent verdict on “Swiss Challenge” system of award of public contracts, and finally attempts to identify elements of a proposed framework for management of unsolicited proposals based on a comparative analysis of the state government frameworks and the Supreme Court guidelines.

Keywords: India, public private partnership, infrastructure, public contracts, Supreme Court Judgement

JEL Classification: K12, K23

Suggested Citation

Verma, Sandeep, Competitive Award of Unsolicited Infrastructure Proposals: A Recent Supreme Court Verdict Unveils Fresh Opportunities for Procurement Reform in India (August 31, 2009). H.C.M. Rajasthan State Institute of Public Administration, Jaipur, Rajasthan, Occasional Paper No. 17. Available at SSRN: https://ssrn.com/abstract=1464685 or http://dx.doi.org/10.2139/ssrn.1464685

Sandeep Verma (Contact Author)

Department of Science & Technology ( email )

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