Government Obligations in Public-Private Partnership Contracts

Journal of Public Procurement, Vol. 10, No. 4, Winter 2010

36 Pages Posted: 5 Sep 2010

See all articles by Sandeep Verma

Sandeep Verma

Public Health Engineering & Ground Water Department; PHED & GWD

Date Written: August 7, 2010

Abstract

Traditional models of full and open competition are generally applied for ordinary public procurement contracts, whereas special competitive procedures (such as unsolicited proposals) are permissible under various international and domestic frameworks for “Public-Private Partnership” (PPP) contracts. In case of the latter category of contracts, some concerns about relative lack of transparency and competition in the award process have begun to surface, while they are being increasingly relied upon for development of public infrastructure and services. This paper focuses on certain aspects of competition and transparency in the award of PPP contracts, vis-à-vis normal public procurement contracts. To facilitate a sharper identification of legal issues, it compares the relevant regulations and case law in India applicable to unsolicited proposals (UNPs) with that in the United States and those under available international frameworks. It concludes with recommendations on identified legal dimensions of UNPs with reference to government obligations on transparency and competition, so as to adequately preserve these elements in procurement of PPP infrastructure projects.

Keywords: Unsolicited Proposals, Public Procurement, PPP Contracts, India, United States

JEL Classification: K12

Suggested Citation

Verma, Sandeep, Government Obligations in Public-Private Partnership Contracts (August 7, 2010). Journal of Public Procurement, Vol. 10, No. 4, Winter 2010. Available at SSRN: https://ssrn.com/abstract=1671081

Sandeep Verma (Contact Author)

Public Health Engineering & Ground Water Department ( email )

Room 4101, Main Building
Secretariat
Jaipur, Rajasthan 302005
India
+91-141-2227464 (Phone)
+91-141-2227464 (Fax)

HOME PAGE: http://www.BuyLawsIndia.com

PHED & GWD ( email )

+91-141-2227464 (Phone)
+91-141-2227464 (Fax)

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