GOVERNMENT OBLIGATIONS IN PUBLIC-PRIVATE PARTNERSHIP CONTRACTS by ProQuest

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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--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. [PUBLICATION ABSTRACT]

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									JOURNAL OF PUBLIC PROCUREMENT, VOLUME 10, ISSUE 4, 564-598       WINTER 2010



                    GOVERNMENT OBLIGATIONS IN
               PUBLIC-PRIVATE PARTNERSHIP CONTRACTS
                               Sandeep Verma*


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 certai
								
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