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Opinion ∙ Unsolicited Proposals for PPPs in Developing Economies journal article

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 118 - 128

One of the features of the legal regulation quality in the field of PPP is the interest of business in the implementation of infrastructure projects using this mechanism. At the initial stage of the PPP development, this interest is expressed in the active participation of business in competitions for the implementation of PPP projects and / or in the preparation of unsolicited proposals (USPs). At the next stage, in the number of successful PPP projects. In conditions when the public authorities do not make efforts to structure PPP projects, it is business who takes the initiative by starting the preparation and submission of unsolicited proposals. The attitude to such proposals by the public authorities and the expert community is very different. In a number of countries, including Ukraine, there are many discussions about the expediency of USPs and the approaches that should be used when considering them. This article presents an analysis of various points of view regarding unsolicited proposals; an assessment of the advantages and disadvantages of USPs compared with the proposals prepared on the initiative of public authorities; the author’s observations regarding the potential of using this mechanism to achieve the public interest and recommendations on how some of the problems existing in this area could be resolved. Keywords: Public-Private Partnership (PPP); PPP proposals; Unsolicited Proposals (USP); Infrastructure Projects, Public Interest.


Unsolicited Proposals for PPP Projects in Vietnam: Lessons from Australia and the Philippines journal article

Huong Van Nguyen Cameron

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 132 - 145

Public-private partnership (PPP) projects have been implemented in Vietnam to provide facilities in the context of the State budget deficit. These projects were officially proposed by Ministries and provinces and have improved infrastructure conditions. Apart from solicited projects, Vietnamese legislation permits unsolicited proposals; however, to date no such projects have been accepted in this manner. Regulations for unsolicited proposals demonstrate drawbacks and reason why unsolicited proposals have not been applied in practice. This article examines the current regulations for unsolicited proposals for PPP projects in Vietnam. It uses the regulatory regimes of Australia and the Philippines by way of comparison with that of Vietnam to find recommendations to strengthen the regulations in Vietnam. This article concludes that despite the legislation on unsolicited proposals are in force, there are regulations and processes to be improved to deliver more effective project implementation. Keywords: Unsolicited Proposals; PPP Projects; Vietnam; Australia; The Philippines; Anti-Corruption.

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