Govt enacts guidelines for unsolicited proposals

The Ministry of Finance and Public Enterprises (MFPE) has gazetted the Unsolicited Proposal (USP) guidelines allowing individuals and companies to propose ideas with the view of entering into an agreement with the government.

This follows the gazetting of the USP guidelines, of which will fall under the Public-Private Partnership Act, No. 4 of 2017.

An unsolicited proposal is a written application for a new or innovative idea submitted to an agency on the initiative of the proponent for the purpose of obtaining a contract with the government and is not in response to a request for proposals or Public Private Partnerships (PPP).

The guidelines provide a structured framework for the submission, evaluation, and potential implementation of unsolicited proposals, ensuring that all interested private entities have a fair and equitable opportunity to participate, the Ministry's spokesperson Wilson Shikoto said.

"By establishing these guidelines, the MFPE aims to encourage innovation, foster competition, and attract private-sector investments to stimulate growth and development. The guidelines will enable the government to assess unsolicited proposals effectively and ensure that viable projects are given a chance to proceed," he added.

After a private party has identified a project that meets the requirements of these guidelines to be implemented under the Act as a PPP project, the private party must submit the proposed project to the relevant PE for consideration, assessment and evaluation.

The conditions set out state that the proposed project is not listed as the PPP project maintained by the Unit or registered with the Committee in terms of section 16 of the Act. Another aspect is that the idea should be in the public interest, while the scale and scope of the project should be in line with the requirements and strategic vision of Public Enterprises.

In addition, the project should not entirely depend on the government for funding or neither should they be a direct government guarantee, subsidy, or equity required in the USP.

To ensure the protection of intellectual property rights, the proposer must submit two versions of the USP to the Public Enterprises, of which one version of the document should be clearly marked highlighting the parts that contain the intellectual property; whereas the other version will be handed in unmarked.

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Last modified on Thursday, 22 June 2023 18:47

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