Section 3C: Unsolicited Proposal

3C. Unsolicited Proposal (1) Any person may, notwithstanding section 4 (1) (a), but subject to this Act, identify a project to be implemented under an agreement and submit to the contracting authority— (a) a description thereof; and (b) an estimated cost of the feasibility study of the project. (2) The estimated costs referred to in subsection (1) (b) shall not exceed 3 per cent of the project value and shall be subject to the approval of the BOT Projects Unit. (3) On receipt of a project under subsection (1), the contracting authority shall, within 15 working days, refer the project to the BOT Projects Unit together with its recommendations. (4) Where, pursuant to section 3B (a), the BOT Projects Unit recommends the retention of the project, the contracting authority shall, within 5 working days, request the person to submit a proposal in relation thereof, containing— (a) details of his technical, commercial, managerial and financial capabilities; (b) a feasibility study containing the technical and commercial details of the project; and (c) the nature of information which is proprietary. (5) On receipt of the proposal referred to in subsection (4), the contracting authority shall proceed in accordance with section 4 (1) (d). P55 – 3 [Issue 9] (6) The person making the proposal shall be requested in the request for proposal under section 4 (1) (d) to submit only its financial proposal. (7) The contracting authority shall specify in the request for proposal referred to in section 4 (1) (d) that in case the price quoted by the person making the proposal is within the range of 10 per cent when compared with the price quoted by a preferred bidder, the person making the proposal shall be the preferred bidder. (8) The contracting authority shall follow the procedures relating to the invitation for request for proposal in accordance with this Act. (9) Where the person making the proposal under this section— (a) is not the successful bidder, the contracting authority shall— (i) compensate the person for the costs of the feasibility study referred to in subsections (1) and (2); and (ii) claim such costs from the successful bidder; (b) is the successful bidder, the costs of the feasibility study referred to in subsections (1) and (2) shall be borne by the person. [S. 3C inserted by s. 28 (b) of Act 18 of 2008 w.e.f. 19 July 2008; amended by s. 41 (e) of Act 18 of 2016 w.e.f. 7 September 2016.]