| Chapter XII: DISSEMINATION OF INFORMATION |
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Rule
Rule 107: Responsibility of Information Dissemination
Rule 108: Public dissemination of information following in-principle approval
Rule 109: Public dissemination of information following signing of the Concession
Agreement 57
Rule 110: Public Dissemination of Information after Financial Close of the PPP
Project 58
Rule 111: Public Dissemination of Information during Construction and Operations
Phase 58
Rule 112: Public Dissemination of Information Following Termination of the
Concession Agreement
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| Rule 107: Responsibility of Information Dissemination
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- The Contracting Authority shall make available information regarding the PPP Project to general public, such that it meets the provisions of Right to Information Act, 2003, and demands of transparency. For the purpose, it shall:
- document all the information in relation to the contract, construction, project operation and maintenance and termination;
- carry out information audit with inputs from the private entity as to what information can be shared in light of exception clauses of the RTI act, including those related to third party rights and involving proprietary rights; and
- document the reason for declaring information as commercially sensitive and therefore not subject to disclosure.
- Contracting Authority shall cause to be included in the Concession Agreement effective norms for disclosure and sharing of information by the private entity which is not detrimental to the interests of the private entity.
- A soft copy or electronic copy of the documents subject to disclosure under these Rules shall be placed on the website of the Contracting Authority or on the website of the Central Government or State Government or relevant government authority within whose administrative jurisdiction the Contracting Authority reports.
- Information including commercial in-confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of the Bidders/ Preferred Bidder, shall be exempt from disclosure. Such information shall not be disclosed unless the Contracting Authority is satisfied that larger public interest warrants the disclosure of such information. In such cases, the redacted documents shall be publicly disseminated.
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| Rule 108: Public dissemination of information following in-principle approval
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The Contracting Authority shall disseminate the following information for the PPP Project
granted in-principle approval in accordance with Rule 30:
- pre-Feasibility Study, if it has been prepared;
- Feasibility Study; and
- any other relevant information that the Contracting Authority may choose to disclose.
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| Rule 109: Public dissemination of information following signing of the Concession
Agreement
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The Contracting Authority shall disseminate the following information for the PPP Project for which it has signed Concession Agreement:
- All Tender Documents and minutes of pre-Bid meetings;
- Summary note providing a brief description of the tender proceedings, the selection process, and the basis for qualification and selection of the Preferred Bidder;
- Major milestones to be achieved and their status; and
- Any other relevant information that the Contracting Authority may like to disclose.
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| Rule 110: Public Dissemination of Information after Financial Close of the PPP Project
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The Contracting Authority shall disseminate the following information for the PPP Project
after it has achieved Financial Close:
- The Concession Agreement, along with all annexure and schedules;
- Other project agreements that have been signed by the Preferred Bidder and a government entity in relation to the PPP Project, as applicable, such as the state support agreement, substitution agreement, any agreement related to operations, maintenance and development agreement, technical operations agreement (if applicable.), land lease agreement;
- Documents related to selection of Independent Engineers and/or Auditors, and any agreement for appointment of Independent Engineer and/or Auditors;
- Major milestones to be achieved and their status; and
- Any other relevant information that the Contracting Authority may like to disclose.
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| Rule 111: Public Dissemination of Information during Construction and Operations
Phase
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The Contracting Authority shall disseminate the following information for the PPP Project
that it has contracted out, after the commencement of construction:
- Reports of the Contract Management Team, related to progress of the PPP Project;
- Inspection reports and quality reports submitted by the Independent Engineers;
- Documents relating to outside quality inspectors, if appointed;
- Records relating to commercial and land developments;
- Audited annual report of the PPP Project Company;
- Major milestones to be achieved and their status;
- Results of any surveys related to service delivery and user satisfaction, if any; and
- Any other relevant information that the Contracting Authority may choose to disclose.
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| Rule 112: Public Dissemination of Information Following Termination of the
Concession Agreement
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The Contracting Authority shall disseminate the following information for the PPP Project
following termination of the Concession Agreement:
- Termination of the PPP Project;
- Details regarding the continuance of service plan;
- Completion of objective of the PPP Project and deviations, if any;
- Valuation of residual assets;
- Performance of the PPP Project and deviations from envisaged parameters if any.
- Any other relevant information that the Contracting Authority may choose to disclose.
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