The Public Entity (Contracting Authority) wishing to implement a PPP project may submit a proposal to the PPP Unit, which then evaluates the feasibility of the specific project under a PPP scheme. This proposal should include the following:
- Detailed description of the project that will be provided as a PPP, and its technical characteristics
- Indicative budget of the proposed PPP project
- Operation and maintenance cost
- Presentation of the proposed PPP scheme
- Value for Money (VfM) evaluation, which justifies the implementation of the project under a PPP scheme
- Other issues that influence the implementation of the project, such as legal and environmental.
The above data should provide a reliable indication for the nature of the project, its financing needs and its lifetime. As such, a detailed financial analysis is needed, especially in the case where the private partner bears the demand risk, in order to correctly quantify this risk that affects the anticipated revenues.
The PPP unit analyses the public entity's proposal and determines whether it can be implemented as PPP under the provision of Law 3389/2005. In case that the proposal in positively evaluated, as it was initially submitted or was finally amended with necessary modifications, the PPP unit includes it in the "List of Proposed Partnerships" and notifies the public entity of this decision.
If the involved Public Entity decides to submit an "Application for Inclusion" within no more than two months after the date of notification the Minister of Economy, Development & Tourism, acting as the President of the IM PPP Committee, sets this application as an item of the agenda of the next meeting of the IM PPP Committee and invites all regular members and the Minister that supervises the involved Public Entity.
In this meeting, the report drafted by the PPP Unit is presented to the Ministers, and all necessary and additional information and clarifications are provided, so as to help Ministers to reach a decision. After that, the IM PPP Committee announces its decision, to either approve or reject this application. If the IM PPP Committee decides to approve a partnership, the PPP Unit has to coordinate and monitor all contract award procedures, as defined in Law 3389/2005, so as to select the SPV that will participate in the partnership.
Beyond specific regulations with the award of PPP contracts, it must be noted that Law 3389/2005 is in line with the general principles of both national and Community law (equal treatment, transparency, protection of public interest etc), regulating the contract award procedures and the relations of the Contracting Authorities with candidates. The procedures for contract award are either open or restricted. In the case of complex contracts, the process of the competitive dialogue or the negotiated procedure may be applied.
Contracts will be awarded by the Public Entity acting as Contracting Authority either on the criterion of the tender being the most economically advantageous or on the criterion of lowest price. The minimum qualifications and abilities of the tenders who participate in the contract procedure are clearly defined by the Invitation to Tender.