13. The Financial Close

Financial close is a stage with a high degree of variation in market practice among jurisdictions. Financial close means not only that the financing documents have been signed, but also that the prior conditions for the availability of financing have been fulfilled.

12.4. Debriefing of Bidders

It is good practice for the procuring authority to debrief both the successful and unsuccessful bidders after the contract has been executed. In each case, the debriefing should not focus on the relative merits of the bids. Rather, it should be directed at providing each bidder with general information on how it can better meet the government’s expectations in future projects.

12.2. Clarification versus Changes

During the course of this period, it is common for both the authority and private partner (still as preferred bidder or successful proposer) agree on certain minor changes in the contract to resolve mistakes or clarify ambiguities. It may also be necessary to incorporate specific features of the winning bidder's proposal into the contract according to some practices (while in others, the offer is directly considered a part of the contract).

12. Contract Signature

Once the contract has been awarded, the necessary steps are taken to proceed to the signing of the contract by both parties.

Upon award, the successful bidder (called the ‘preferred bidder’ in some markets) will be required to sign the contract within the period prescribed in the RFP.

11.2. The Issue of No or Only One Responsive Proponent

It is possible that no bidders will submit, which constitutes a clear process failure. This is best avoided by having a well-planned and well-structured tender process, consistent with the practices described in chapter 5 of this PPP Certification Guide. If it does eventuate that there are no bidders, it is not uncommon to grant additional time for bid submissions when there is evidence that time insufficiency was the cause of the failure.

11.1. Challenging an Award Decision

As noted in section 3, the risk of a challenge to the tender or award process is considered higher in PPPs than in a conventional procurement. To mitigate this risk, the procuring authority must have sound preparation and procurement processes, and a legal team and relevant subject matter experts prepared to handle potential challenges — including the ability to resolve disputes in the interests of moving the process forward.

11. Award

After the tender is evaluated according to the relevant criteria provided in the RFP and any negotiations are satisfactorily completed, the award decision is made by the relevant authority, usually based on the recommendation made by the evaluation team.