Procuring Infrastructure Public-Private Partnerships

The Jamaican regulatory framework for PPPs is made of the PPP Policy from October 2012, which is an addendum to the Policy Framework and Procedures Manual for Privatization of Government Assets and was prepared by the Development Bank of Jamaica Limited, in consultation with the Ministry of Finance and Planning.

http://www.mof.gov.jm/documents/documents-publications/document-centre/file/165-policy-and-institutional-framework-for-the-implementation-of-a-public-private-partnership-programme-for-the-goj.html

The DBJ is currently undertaking a review of the GOJ's Privatization and PPP Policies with a view to including several amendments. These amendments include outlining in the revised PPP Policy, the Enhanced Fiscal rules as outlined in the FAA and PBMA Acts and clarifies the accounting treatment of PPPs and the GOJ's debt targets. The PPP Policy will also be updated to acknowledge the Public Sector Investment Programme (PSIP), the GOJ's Investment Planning process and integration of the Public Investment Management System (PIMS) process with the current PPP process. The revised policy will also introduce the role of the Public Investment Management Secretariat in the process. There is also the revisions to the Public Procurement Act and the reforms contemplated in same.
A new Arbitration Act should be passed soon, with significant implications for settlement of disputes. It was passed in the House of Representatives a few months ago, and in the Senate, with amendments, a month ago. It is scheduled for approval in the House of Representatives in another week.

Any government ministry, agency or company that wishes to enter a PPP will be a procuring authority. However, the Development Bank of Jamaica (DBJ) is the central agency that manages all PPP processes in coordination with the relevant procuring authority, including the competitive procurement process.
Airports Authority of Jamaica website: www.airportsauthorityjamaica.aero
Office of the Utilities Regulation website: www.our.org.jm
Port Authority of Jamaica website: www.portjam.com

The day-to-day coordination of the PPP Programme and management of PPP project development will be the responsibility of a unit in the Development Bank of Jamaica (DBJ). In the Ministry of Finance, a PPP Node will have responsibility for coordination and fiscal management of PPPs.
The Privatization Agency and PPP Unit of the Development Bank of Jamaica's website is as follows: http://dbankjm.com/services/ppp-and-privatisation-division/

Pursuant to section 4.0.2.4 v. of the PPP policy, the PPP Unit identifies and manages funds for the development and implementation of PPPs. The Unit will seek to establish a viable funding mechanism to support and sustain the PPP program. Where such funding has been identified and established the Unit will establish mechanisms to manage the funds in conjunction with Ministry of Finance and Planning (MOFP).

Pursuant to Section 4.0.2.4 a. of the PPP Policy, the DBJ, which is currently designated as the GoJ's Privatization Secretariat, will also be responsible for implementing the GOJ's PPP Programme. To centralize management and coordination of the Programme, the Privatization Division in the DBJ will be expanded into the Privatization Agency and PPP Unit (the Unit). The objective is to ensure that every PPP project is identified, developed/structured, evaluated, and implemented through a uniformed and consistent process. This will be based on well-defined criteria focused on achieving optimal risk transfer, value for money and fiscal responsibility.
The Unit will coordinate the implementation of the PPP Policy, and monitor and report to the Privatization Committee of Cabinet on its progress in this regard. Responsibilities with respect to specific PPPs are as follows:
i. Regulate the PPP Programme - the Unit will ensure that the PPP List and projects are developed in accordance with this policy, the PPP Principles, and the procedures set out in the PPP Manual. It will ensure that projects are properly reviewed against the PPP criteria for each stage; that Gateway Reviews, as per Section 6.0.3, and other checks are completed if required; and that draft Cabinet submissions include all the information required for informed decision-making.
ii. Manage the PPP Process - the Unit will coordinate input from various parties involved in identifying, developing, and implementing a PPP project at each stage. This includes coordinating inputs from consultants and government entities, and external communications on PPP projects. This will be done under the guidance of the Strategy Committee (for development of the PPP List) and the Enterprise Team (for any particular PPP project).
iii. Provide advisory and administrative support to PPP projects - the Unit will work on the development of the PPP List and PPP projects directly, under the guidance of the Strategy Committee and Enterprise Team as appropriate. This work will include:
- preparing an annual plan for the identification of candidate PPP projects;
- screening candidate projects and recommending their prioritization in the PPP List to the Strategy Committee;
- appointing a Technical Officer to lead each Project Team and serve as the central point of contact for the project;
- hiring and managing external consultants; and
- providing technical, administrative, and secretarial support to Enterprise Teams, by providing necessary information, ensuring their instructions are carried out, and preparing all necessary reports.
iv. Remain a repository of knowledge and skills - the Unit shall continually build knowledge about identifying, developing, evaluating, implementing, and managing PPPs; including compiling and archiving information on PPP projects, and analyzing what has and has not worked.
v. Identify and manage funds for the development and implementation of PPPs. The Unit will seek to establish a viable funding mechanism to support and sustain the PPP programme. Where such funding has been identified and established the Unit will establish mechanisms to manage the funds in conjunction with Ministry of Finance and Planning (MOFP).
vi. Conduct sensitisation programme with stakeholders. The Unit is responsible for conducting sensitisation sessions with the relevant stakeholders.
The Board of Directors of the DBJ will have oversight of the PPP Unit. The specific role and extent of oversight of the DBJ Board will be determined on a case by case basis at the commencement of each PPP transaction. In cases where the DBJ Board and Cabinet determine that there is adequate oversight capability within agencies promoting the specific PPP transaction, the DBJ Board will not be required to, but may participate in the decision-making and
review process. Where DBJ is designated with direct oversight responsibility the DBJ PPP Unit will be required to seek the DBJ board's approval before making a submission to the Privatization Committee of Cabinet.

Section 6.4.3 of the financial administration and audit Act: (i) All public investment proposals/projects must, as a precondition of appraisal by the PIMSEC, represent both the associated capital and recurrent costs, during the project’s (or programme’s) life as well as after completion. This is to ensure that the PIMC and the Cabinet can make decisions for planned expenditures based on full information. (ii) A project proposal cannot indicate that it has no indicative recurrent cost and then, after approval for inclusion in the PSIP, the proponents seek to introduce additional costs into the budget. (iii) Such an occurrence has fiscal implications and would result in the PIMC deliberating to make a recommendation to Cabinet on whether or not to rescind the approval and remove the project from the PSIP. (iv) Full disclosure starts with the Corporate Plan. To ensure proper planning and budget alignment, all public investment projects should be reflected in the MDA’s Corporate Plan

Section 6.4.3 of the financial administration and audit Act: (i) All public investment proposals/projects must, as a precondition of appraisal by the PIMSEC, represent both the associated capital and recurrent costs, during the project’s (or programme’s) life as well as after completion. This is to ensure that the PIMC and the Cabinet can make decisions for planned expenditures based on full information. (ii) A project proposal cannot indicate that it has no indicative recurrent cost and then, after approval for inclusion in the PSIP, the proponents seek to introduce additional costs into the budget. (iii) Such an occurrence has fiscal implications and would result in the PIMC deliberating to make a recommendation to Cabinet on whether or not to rescind the approval and remove the project from the PSIP. (iv) Full disclosure starts with the Corporate Plan. To ensure proper planning and budget alignment, all public investment projects should be reflected in the MDA’s Corporate Plan

Public Sector accounts are currently prepared on a cash basis, however it is Government’s intention to adopt IPSAS standards in the future

According to section 4.0.2.1 of the PPP policy, Cabinet approval will be required: i. For the initial PPP List; ii. To add or remove projects from the List, or change their prioritization.
Furthermore, where DBJ is designated with direct oversight responsibility the DBJ PPP Unit will be required to seek the DBJ Board's approval before making a submission to the Privatization Committee of Cabinet (4.0.2.4 a.).

The Business Case will be carefully scrutinized before being submitted to Cabinet, both by the Enterprise Team, and also through a Gateway Review, if deemed necessary (section 6.0.1.2 of the PPP policy). The Enterprise Team will guide the Project Team in completing these tasks and review the bid evaluation before submitting the results to Cabinet for final approval (section 3. Transaction stage ).
The enterprise team will be approving the Project Plan and engagement of external advisors at each Stage, including reviewing and amending the Project Plan prepared by the Project Team, and approving the PPP Unit's selection of external advisors (section 4.0.2.5 a. iv.).

Sections 4.0.2.4 iv. Of the PPP policy referring to enterprise team indicates it is in charge of approving the Project Plan and engagement of external advisors at each Stage, including reviewing and amending the Project Plan prepared by the Project Team, and approving the PPP Unit’s selection of external advisors.

To ensure that projects of national significance or strategic value are systematically incorporated in the PPP Programme, a strategy committee has been created. The responsibilities of the Strategy Committee are to:
- Identify projects that are of national significance or priority;
- Recommend to the Cabinet which projects should be added to the PPP List, and their priority;
- Review the PPP List annually (or more frequently if warranted), and recommend additions, deletions, and reprioritizations;
- Recommend ways to fund the PPP Program;
- Provide such other strategic guidance on the PPP Program to the Cabinet as necessary.
(Section 4.0.2.3 Strategy Committee of the PPP policy)

Moreover, financial instructions of the financial administration and audit Act, in section 6.4.2 provides for a public investment system within which PPPs shall be included. In particular, (i) Every public investment proposal/project must first be submitted to the PIMSEC at the Planning Institute of Jamaica (PIOJ) which is the Secretariat to the PIMC, regardless of whether it is intended to be financed by a grant, loan, government resources or PPP. Section 6.4.4 furthermore provides: An Established Process for Inclusion in the PSIP
(i) An MDA must complete a PCS for a new project which includes all the information required in the PCS (minimum content requirements), including an options analysis as to funding modality.
(ii) An MDA must first send its PCS to the PIMSEC for an initial appraisal to determine if the concept should be developed into a full project proposal.
(iii) Once the PIMC gives approval for further development, including
(a) pre-feasibility studies;
(b) feasibility studies; or
(c) preparation of Business Case for PPPs; and
(d) completion of all technical analysis, the project is then returned to the PIMSEC and the PIMC for final determination as to whether or not inclusion in the PSIP is
merited.
(iv) Unsolicited proposals (USPs) can only enter the PSIP from the entry point of the PIMSEC and have to be introduced as unsolicited Expressions of Interest (UEoI), using the PCS template.
(v) Approval to develop full project proposals does not mean that there will be endorsement for inclusion in the PSIP. Each stage undergoes an appraisal/evaluation.
(vi) A determination of the source of funding for a project is an important element of the development of the full project proposal. This determination is made by:
(a) Public Expenditure Division at the MOF in the event of a Government funded (or Capital A) project;
(b) Public Enterprises Division at the MOF in the event of a public body funded project;
and
(c) Economic Management Division in the event of an externally funded project.
(vii) Unfunded projects will not be included in the PSIP.

Further to the establishment of the Public Investment Management Committee (PIMC) and PIMSEC, all public investment projects which could be developed as PPP projects are now being sent to PIMSEC for review at the concept stage and at the end of the Business Case stage.

PPP Policy, paragraph 7 : Projects will be tested against the criteria at three (3) stages: (i) Project Identification; (ii) Business Case; and (iii) Transaction. The assessment will be quick and approximate at the Identification Stage, with more in-depth analysis reserved for the Business Case.
There are four (4) main PPP criteria: i. Project is viable - the project makes sense, in that it is effective in meeting government objectives, technically and legally feasible, environmentally compliant, socially sustainable, and economically viable.

According to appendix 1 of the PPP policy, a PPP project is socially sustainable when all substantial social impacts of the project (as defined for consideration as a PPP) have been assessed, including providing impacted individuals and groups ample opportunity to provide feedback and voice concerns, mitigation solutions have been incorporated into the PPP contract as appropriate, and the likelihood of any one group blocking or undermining the project successfully is low. During initial screening, this involves verifying that there is a reasonable expectation that the project is socially sustainable. In the business case, a social impact assessment and public consultation indicate the project (as defined for consideration as a PPP) is socially sustainable.

Pursuant to section 7.0 of the PPP Policy, projects will be tested against the criteria at three (3) stages: (i) Project Identification; (ii) Business Case; and (iii) Transaction. The assessment will be quick and approximate at the Identification Stage, with more in-depth analysis reserved for the Business Case.
There are four (4) main PPP criteria: iv. PPP is fiscally responsible - the project's cost to government is in line with fiscal priorities, and project risks retained by the government would not be fiscally destabilizing.

Appendix 1 of the PPP policy indicates that the amount of Government support, including scheduled payments and contingent liabilities, under the outcomes most likely to occur (the modal value), is within fiscal priorities. There is a reasonable expectation that the cost to Government under the proposed PPP would align with fiscal priorities, based on budget projections and pre-feasibility level estimates of the project's costs and revenues. A financial analysis has calculated the modal value of the cost of the PPP to Government. MOFP has reviewed this value and confirmed it is within the Government's fiscal priorities

Pursuant to Appendix 1 of the PPP policy, to assess that a PPP project achieves value for money, risks shall be identified and allocated optimally, i.e. all material project risks have been identified and optimally allocated to the party best able to manage, mitigate or diversify the risk so as to maximize value for money. Within the initial screening, the procuring entity makes sure there is a reasonable expectation that risks can be optimally allocated. During the business case preparation, the procuring entity shall ensure all risks have been identified and optimally allocated and mitigation strategies defined.

PPP policy, section 7.0 : Projects will be tested against the criteria at three (3) stages: (i) Project Identification; (ii) Business Case; and (iii) Transaction. The assessment will be quick and approximate at the Identification Stage, with more in-depth analysis reserved for the Business Case.
There are four (4) main PPP criteria: ii. PPP achieves value for money - procuring the project as a PPP will provide greater net benefit than conventional public procurement.

Appendix 1 of the PPP policy provides: Value for Money: PPP achieves greater net economic benefit than public provision : An economic cost-benefit analysis indicates that the proposed PPP is likely to provide greater net benefit then public provision. There is a reasonable expectation that a PPP is likely to provide greater value than public provision, based on expert judgment or preliminary economic analysis. A comparison of economic costs and benefits (quantitative and qualitative) indicates the PPP would provide greater net economic benefit.
The value of the project should be sufficient to invest resources to seek greater value for money through a PPP. Generally, if the net present value of the project's costs is below US$10 million the transaction costs for both the public and private parties may prohibit achieving value for money. It may be possible to bundle related projects to achieve this threshold.
The duration of the proposed PPP project should be for the life of the project asset and service, or at least 10 years if the project life is longer than 15 years. Projects with durations below 5 years will not generally make good PPPs.

The MOFPS PPP Unit assesses the PPPs delivery of value for money; MOFPS’ VFM assessment is supported by the comparative assessment provided in the Business Case.

Section 7.0 of the PPP policy states that projects will be tested against the criteria at three (3) stages: (i) Project Identification; (ii) Business Case; and (iii) Transaction. The assessment will be quick and approximate at the Identification Stage, with more in-depth analysis reserved for the Business Case.
There are four (4) main PPP criteria: i. Project is viable - the project makes sense, in that it is effective in meeting government objectives, technically and legally feasible, environmentally compliant, socially sustainable, and economically viable.

Pursuant to Appendix 1 of the PPP policy, several verifications and assessments are to be prepared in order to result in a viable PPP project. Among those is the economic viability - An economic analysis of the project shows the expected economic benefits exceed the expected economic costs, and that the project is the least cost way of achieving the benefits that is practical and feasible. During the initial screening, this implies that there is a reasonable expectation that the project is economically viable, based on expert judgment or an economic prefeasibility study. For the business case, an economic analysis of the project (as defined for consideration as a PPP) indicates the project is economically viable.

To ensure the PPP is marketable, the procuring entity shall assess that the PPP is a viable "commercial project" - meaning the PPP's revenues cover costs and provide a rate of return that is sufficient for the private sector to consider the project commercially viable. During the initial screening, there shall be a reasonable expectation that the project's revenues (from users, the Government, or both) would cover costs and provide a rate of return sufficient for the private sector to consider the PPP a viable commercial project, based on expert judgment or a preliminary financial analysis. For the business case, a financial analysis indicates the PPP's revenues will cover its costs and provide a rate of return sufficient for the private sector to consider the PPP a viable commercial project.

PPP Policy, section 7.0 Projects will be tested against the criteria at three (3) stages: (i) Project Identification; (ii) Business Case; and (iii) Transaction. The assessment will be quick and approximate at the Identification Stage, with more in-depth analysis reserved for the Business Case.
There are four (4) main PPP criteria: iii. PPP is marketable - there are qualified private parties available to do the project and the project is expected to provide a commercial rate of return sufficient to attract such parties and create competitive tension.

According to appendix 1 of the PPP policy, in order to achieve value for money, a PPP shall be marketable. To ensure this, 2 analysis are requires : viability of the commercial project and capacity and appetite of the market - i.e. there is sufficient market interest to generate competitive tension amongst private parties with the capacity and resources to deliver the project. During the initial screening, this implies that there is a reasonable expectation, gained from expert judgment or initial market sounding, that there is sufficient market interest from qualified private parties. For the business case, market consultations indicate there is sufficient market interest from qualified private parties to generate competitive tension.

Pursuant to Section 7 of the PPP policy, There are four (4) main PPP criteria: i. Project is viable – the project makes sense, in that it is effective in meeting government objectives, (...) environmentally compliant, (…).

Appendix 1 of the PPP policy provides for a criteria of environmental compliance. At the initial screening stage: There is a reasonable expectation that the project is environmentally sustainable based on expert opinion or initial environmental impact assessment while at the business case stage: Environmental impact assessment(s) indicates that the project (as defined for consideration as a PPP) is, or is highly likely to be, in compliance with environmental laws.

Appendix 1 of the PPP policy, provides for an analysis of the social sustainability, which is to include at the business case stage a public consultation.

Stakeholder consultations are required and are undertaken by the procuring entity in order to facilitate the DBJ PPP Unit’s assessment of social sustainability.

It seems that there is an attempt to include a draft contract in the request of proposals. However, in most cases the contract is provided as soon as possible after the RfP, in sufficient time to give potential bidders an opportunity to review it before bid submission.

The bid evaluation committee members usually have some level of experience that would support the particular bid evaluation criteria which may be technical experience in the particular operation; financial assessment of the financial criteria or general business/ commercial experience that would support the GOJ of their suitability to participate.

Issuance of the RfP is within the missions of the project team (section 6.0.1.3 of the PPP policy). Furthermore, pursuant to section 10.0.1, requests for Proposals (RfPs) will be published when they are issued to potential bidders. The term 'publish' in this section is defined as posting online, making available for viewing during working hours at a government office, and making copies publicly available by request at a reasonable cost.
Furthermore, even though provisions do not require it, the notice is generally published Internationally and locally in daily news papers.

The GOJ's Privatization Policy at section 4.0.1.1 item7 states that "The advertisement period will depend on the type and state of the asset, complexity of the transaction and the Enterprise Team's decision, however the duration should not be less than one month."

The Public Procurement Handbook 2 (section 1.1.3.1 A) provides In a one-stage process, the Procuring Entity prepares Bidding Documents outlining the detailed functional and technical requirements, as well as other relevant information. In response, contractors submit bids containing their technical and financial proposals at the same time. The Procuring Entity then evaluates each bid and awards the contract to the Lowest Responsive Bidder, according to the method and criteria specified in the Bidding Documents.
The single-stage process is most appropriate for relatively straightforward procurement of standard technologies and ancillary services. In contrast, the additional capacity to review technical proposals, revise technical requirements and interact directly with the contractors during the first stage make the two-stage process much more suitable for the procurement of goods such as complex information systems, as well as procurement involving extensive technical services.

Section 6.0.1.4 of the PPP policy indicates: Transaction Stage – is when bidders are actually requested for the project, pre-qualified, and then invited to bid. The purpose of this stage is to promote competitive bidding by well qualified firms, so as to deliver value to the public.

According to the PPP Criteria Chart of the PPP Policy, the conditions set in the business case stage must be materially the same as in the signing contract.
Also, section A8.17 of Public Procurement Handbook explicitly forbids negotiation unless it was stated in the bidding terms.

In the event that after the approval of the business case there are changes in market conditions or other factors which results in material changes to the structure of a transaction, the procuring entity will have to justify the changes and seek approval from Cabinet, in consultation with the PPP Units, to reflect the updated position in the final contract.

Section 8.0 of the PPP policy is related to Contract Management. Furthermore, the policy provides indications for monitoring fiscal risk across the government's portfolio of PPP projects. This will include receiving and assessing quarterly risk reports from government entities with active PPP projects. The Node will promptly escalate notification to Cabinet when the fiscal cost of a project has changed, is likely to change, or risk reports are not received (Section 4.0.2.4.b 8. ).
Are also regulated the role of the enterprise Team and the Contract Management Team (Sections 4.0.2.5.a. and 4.0.2.5 c.). PPP Unit has an advisory role and is consulted on many management aspects.

The Contract Management Team will manage the PPP Contract after it has reached financial close and will be the responsibility of the relevant subject Ministry or Agency. The Contract Management Team (or Contract Manager in the case of an individual) will be appointed by the PPP Unit in consultation with the Subject Ministry/Agency, with responsibility for the PPP contract. The PPP Unit will have oversight of the Contract Management Team and may require the Contract Management Team to subcontract services of external consultants for independent management and monitoring, depending on the complexity of the transaction (PPP Policy Section 4.0.2.5 c.).

Section 4.0.2.5 c. of the PPP policy provides for the missions of the contract management team, which includes monitoring delivery of the facilities and services specified in the contract in consultation with relevant regulatory bodies.

Section 4.0.2.5 of the PPP policy provides the main responsibilities of the Contract Management Team, which include:
1) Establishing the contract management processes, including communication and reporting protocols within Government and with the private party.
2) Monitoring delivery of the facilities and services specified in the contract in consultation with relevant regulatory bodies.
3) Prompting those Government entities with responsibilities under the project to discharge their responsibilities quickly and efficiently.
4) Monitoring and managing risk under the contract, and reporting fiscal risk developments to the Ministry of Finance and Planning.
5) Managing changes in the contract, as necessary, because of changing environment or circumstances (to be done with advice from the PPP Unit).
6) Enforcing the contract as necessary (with advice from the PPP Unit and legal counsel).

The gathering of information by the procuring entity is implied in the contract management team's missions (section 4.0.2.5c. of the PPP policy) and section 4.0.2.4.b 8 related to monitoring fiscal risk across the government's portfolio of PPP projects requires receiving and assessing quarterly risk reports from government entities with active PPP projects.

Section 10.0.1 of the PPP policy: The contract manager will make performance data publicly available, following an agreed-upon schedule and format.

Section 8.0.1 of the PPP policy requires a formal and well-structured approach to renegotiation, modeled after the approach used to create the PPP to be employed. This may include:
o Creating an Enterprise Team to guide the negotiations (including at a minimum representatives from the MOFP, PPP Unit, Attorney General's Chambers and owning Ministry/Agency);
o Creating a reporting structure to Cabinet, with defined approval points;
o Ensuring that specialized legal, financial, economic and technical advisors are engaged;
o Only entering renegotiations if it seems likely that to do so will improve value for money (compared to not renegotiating) and there are no mechanisms to achieve the same end within the terms of the contract itself ;
o Conducting a formal value for money analysis, compared to a non-renegotiation counterfactual, before agreeing to the renegotiation.

Section 8.0.1 of the PPP policy requires a formal and well-structured approach to renegotiation, modeled after the approach used to create the PPP to be employed. This may include: o Creating a reporting structure to Cabinet, with defined approval points;

Paragraph 9 of the PPP Policy is related to unsolicited proposals. It indicates the benefits and challenges of unsolicited proposals (section 9.0.1) and how Unsolicited Proposals will be Considered and Treated (sections 9.0.2 and 9.0.3).

Pursuant to section 9.0.2 of the PPP policy, in case of an unsolicited proposal, procuring entity has to determine whether the project if part of the PPP list.

According to the PPP policy (section 9.0.3), the process to be followed to ensure the project is within the government priorities is the same one than for PPPs initiated by a public entity. As a result, the relevant provisions are sections 2.0.2.1 Long Term Economic Plan- Vision 2030 Jamaica and 2.0.2.2 Short and Medium Term Growth Strategy.
In Jamaica, systems have been created to take into account both long term and short and medium term vision. In 2009, the GOJ launched Jamaica's first long-term strategic plan, Vision 2030 Jamaica - National Development Plan. The Vision 2030 Plan explicitly recognizes the role of PPPs, for example in the infrastructure, construction and tourism industries, and also supports the concept of Government partnering with the private sector as a means of developing internationally competitive industry structures. The Vision 2030 Jamaica Plan articulates National Strategy 12-2 to "Develop Economic Linkages and Clusters" through strengthening partnerships between national associations, Government and other public and private sector partners. (2.0.2.1 Long Term Economic Plan- Vision 2030 Jamaica). The Growth Inducement Strategy (GIS) presents comprehensive and integrated policy and programme recommendations to induce higher rates of growth in the Jamaican economy in the short and medium term, based on a detailed analysis of the current economic situation. Within this general framework, the PIOJ in 2012 further elaborated the need for a prioritization of the Government's strategic focus for the 2012/13 - 2014/15 period according to three (3) priority areas or programme themes, namely: Asset Mobilization, Climate Change & Disaster Risk Reduction and Community Renewal. (2.0.2.2 Short and Medium Term Growth Strategy).

Moreover, financial instructions of the financial administration and audit Act, in section 6.4.4 provides: An Established Process for Inclusion in the PSIP
(iv) Unsolicited proposals (USPs) can only enter the PSIP from the entry point of the PIMSEC and have to be introduced as unsolicited Expressions of Interest (UEoI), using the PCS template.

Pursuant to section 9.0.3 of the PPP policy, a standard competitive bidding is set for projects on the PPP list while other projects are submitted to a Swiss challenge.

PPP policy, section 9.0.3.3 : In case of a Swiss challenge : d) Challengers are given three [3] months from the date of advertising to submit their 'challenge bid' to the PPP Unit.

Pursuant to section 9.0.3 of the PPP policy, a standard competitive bidding is set for projects on the PPP list while other projects are submitted to a Swiss challenge.