In respect of Projects decided by the Government to be implemented through public-private 1 Delegated full powers to Executive Committee vide B.P.No. 470 Dated. 26.07.2022 2 Deleted vide Tamil Nadu Infrastructure Development (Amendment) Act, 2022 Act No. 37 of 2022 3 Delegated full powers to Executive Committee vide B.P.No. 470 Dated. 26.07.2022 THE TAMIL NADU INFRASTRUCTURE DEVELOPMENT ACT, 2012.
13 partnership, the Board shall cause the sponsoring agency to publish the details of the proposed project in such form and in such manner, as may be prescribed in the regulations, inviting objections and suggestions. The sponsoring agency shall, based on the objections and suggestions, if any, received, prepare and submit a report to the Board within such period, as may be prescribed in the regulations.
17. Detailed Project study and Project structuring1— The Board, on receipt of the report from the sponsoring agency under section 16, shall consider in consultation with the administrative department and after causing the detailed Project study, if it considers necessary, finalise the scope and structure of the Project, either in its original form or with such modification, as it deems fit, also taking into account, the following aspects, namely:-
(a) whether the Project needs any public financial support, and if so, the appropriate form of such support;
(b) the tender criteria or variables relevant for evaluation of the tender; and
(c) the appropriate concession agreement or a combination thereof, from out of those listed in Schedule II.
18. Procuring entity for Projects2— (1) Every public agency designated by the Board to implement a Project shall be a procuring entity under the Tender Act (Tamil Nadu Act 43 of 1998):
Provided that the Board may, for any class of Project as may be prescribed in the rules, be the procuring entity under the Tender Act.
(2) No procurement under this Act shall be made by the procuring entity except by tender, following the provisions contained in the Tender Act.
(3) The tender documents shall be in the form and manner as may be prescribed in the regulations:
Provided that for any class of Project as may be prescribed in the regulations, the procuring entity shall submit the tender documents for prior approval of the Board.
1 Delegated full powers to Executive Committee vide B.P.No. 470 Dated. 26.07.2022 2 Delegated full powers to Executive Committee vide B.P.No. 470 Dated. 26.07.2022 THE TAMIL NADU INFRASTRUCTURE DEVELOPMENT ACT, 2012.
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(4) The procuring entity shall, in respect of Projects identified by the Board, intimate the name and address of the tenderer whose tender has been accepted, to the Board and shall also obtain its approval on the concession agreement to be entered into with such tenderer.
19. Appointment of Project Manager and Experts 1—
(1) The Board may, if it considers necessary, shall direct the sponsoring agency to appoint a person, who has knowledge and experience in the working of public-private partnership modes and processes, for such period as may be prescribed in the regulations, as Project Manager for a public-private partnership Project. The Project Manager, so appointed shall be responsible for the management and tendering of the Project.
(2) A public-private partnership project for which a Project Manager is appointed, the sponsoring agency shall, make available the services of the officers serving in that agency who possess expertise in the fields of risk management, contingency planning, quality assurance and performance management, public sector accounting and financial management, to assist the Project Manager:
Provided that, if expert in a field is not available within the sponsoring agency, the agency may engage the services of a practicing consultant.