Legal and regulatory framework related to unsolicited proposals in various countries: a systematic review for procurement stage

Abstract

An Unsolicited Proposal (USP) is a privately initiated process that is an alternative to the solicited procurement method. Public Private Partnerships (PPPs) that are launched on an unsolicited basis, become popular among governments since they enable faster delivery of projects and avoid the time-consuming process of competitive tendering. If improperly managed, USPs may lead to numerous public rallies and protests, poor value for money, a failure to meet the nation's true sociological and economic necessities, and the satisfaction of only a handful of public and private officials. Most governments accept and recognise USPs by integrating various management systems into their procurement processes to mitigate the negative effects of it. Strengthening the existing legal and regulatory framework is one such management system. The authors conducted a detailed study of the existing legal and regulatory framework of countries that are having matured and developed PPP environments and a provision to entertain unsolicited PPPs. Based on the findings from the detailed study, a conceptual framework was developed for the procurement of USPs that can be utilised to reform existing legal and regulatory frameworks of host countries.