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
Date Written: August 31, 2009
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: Suggested Citation