2. Roles of Government and Private Sector
With respect to unsolicited proposals for private participation in infrastructure projects, the authority in charge and the private sector shall jointly promote infrastructure projects with the objective of creating benefits for the public in the spirit of cooperation.

3. Scope of Application
The private sector may participate in all infrastructure projects set forth in Article 3 of the Act by way of unsolicited proposals pursuant to Article 46 of the Act.

4. Project Types
Unsolicited proposals are categorized as follows:

(1) Cases in which a private sector proponent (the "Proponent") provides land for project utilization: This refers to cases in which the Proponent obtains ownership or use rights to publicly or privately owned land on its own without the need for the Arranging Authority to provide land or assist in its acquisition in accordance with the relevant provisions of the BOT Act [“Type I Proposals”].
(2) Cases in which the government provides land and/or facilities: This refers to cases in which the Proponent requires the assistance of the Arranging Authority to provide or assist in acquisition of land or facilities in accordance with the relevant provisions of the BOT Act [“Type II Proposals”].

5. Evaluation Procedures for Type I Proposals
The evaluation procedures for Type I Proposals are as follows:
　

7. Procedures for Initial Evaluations for Type II Proposals

Initial evaluation procedures for Type II Proposals shall be as follows:

(1) The Proponent shall first submit a project outline for initial evaluation by the authority in charge containing basic information on the Proponent, an initial project outline, basic land specifications (including the scope of government-owned land or facilities), an assessment of the benefits for the government, and any items requiring government assistance.

(2) After the Proponent submits the project outline, the authority in charge shall publish project information within one week on the information network of the authority in charge and in the competent authority’s information on private participation and investment in infrastructure projects, including the name of the project, a summary of its contents, and the government land and/or facilities to be used.

(3) Where, within 15 days after publication of the project outline pursuant to the preceding paragraph, another private entity submits a project outline for a different kind of infrastructure using the same government-owned land and/or facilities, that application shall also be considered by the authority in charge at the time of the initial evaluation; provided that only one such proposal shall be chosen for secondary evaluation.

(4) After submission of a project outline by a Proponent, the authority in charge may invite relevant agencies or experts or scholars in the field to form an evaluation committee to jointly perform the initial evaluation.

(5) The authority in charge shall conduct an initial evaluation of the project outline with regard to compliance with policy objectives of the authority in charge, the benefits of the proposed use of government land and/or facilities, items requiring government assistance, whether relevant laws and regulations impose any prohibition, and whether the Proponent agrees to publication of subsequent proposal content.

(6)Where a project outline is approved in the initial evaluation, the authority in charge shall publish the results of the initial evaluation on the information network of the authority in charge and in the competent authority’s information on private participation and investment in infrastructure projects. The authority in charge shall notify the Proponent of the terms of the approval and the extent of the content that must be included in the detailed proposal, and designate a time period for completion of the next phase of planning and submission of the documents required in Article 46-1 of the Act.

(7) Where a project outline submitted by a Proponent is not approved, the authority in charge shall notify the applicant of the reasons for rejection.

The authority in charge may shorten the period of the information pursuant to point 7, paragraph 1, subparagraph 3 with the Operate-Transfer model set forth in Article 8-1-5 of the Act, authority in charge, but the period should not be less than 5 days.

8. Procedures for Secondary Evaluations in Type II Proposals

The procedures for secondary evaluations in Type II Proposals shall be as follows:

(1) The authority in charge shall perform a secondary evaluation after the Proponent’s submission of documents required in Article 46-1 of the Act. The documents, including construction and operating plans, shall specify the systems, layout, scheduling, quality, and functions of the infrastructure addressed in the proposal, and the technology and methods for achieving the proposal objectives.

(2)The authority in charge shall invite relevant agencies or experts or scholars in the field to form an evaluation committee to perform the secondary evaluation.

(3) Where a case is approved by the evaluation committee in the secondary evaluation, the authority in charge shall negotiate with the Proponent on the proposal content to be published, and shall solicit other private sector participants through publication of the agreed-upon content and the minimum functions and resulting benefits required by the authority in charge, as well as the standards for evaluation and key points of the draft concession agreement as decided by the evaluation committee. The summarized information shall be published in the competent authority’s information on private participation and investment in infrastructure projects and on the information network of the authority in charge. The solicitation period shall be limited to 45 days.

(4) Where a proposal has been submitted by a Proponent and other private sector participants have been publicly solicited in accordance with the preceding subparagraph, the evaluation committee shall perform a secondary evaluation of the relevant documents submitted by other private sector participants, including construction plans, operating plans, and financial plans, with respect to their conformance to the requirements and standards governing the solicitation. The best applicant shall be selected from among a group consisting of those approved during the secondary evaluation and the Proponent; where necessary, a second best applicant may be chosen.

After publication of the information pursuant to point 8, paragraph 1, subparagraph 3 hereinabove, other applicants from the private sector may be permitted to submit revised proposals; provided, that such proposals use the same land and/or facilities and also conform to the minimum standards for functions and resulting benefits.

The provisions of Articles 44 and 45 of the Act shall apply, mutatis mutandis, to the formation and operation of the evaluation committee and selection of a second best applicant.

9. Supplementation of Required Documents

If documents submitted for an application do not conform to applicable requirements, the authority in charge may consider giving the applicant a specified period of time for supplementation or correction. If at the end of this period of time the required documents have not or cannot be supplemented, the application shall not be accepted.

10. Negotiation

When necessary in evaluating unsolicited proposals, the authority in charge may give an applicant a deadline within which to revise the proposal or to negotiate the terms and conditions thereof.

11. Evaluation Period

The period for evaluation shall be limited to a maximum of six months; provided, that this period may be extended once only for an additional six months.

12. Publication of Evaluation Results

For unsolicited proposals receiving approval, the authority in charge shall publish the items that the government has undertaken to perform or for which it will provide assistance in the competent authority’s information on private participation and investment in infrastructure projects and on the information network of the authority in charge.

13. Proponent Protections

Where the Arranging Authority negotiates with the Proponent on the proposal content to be published and solicits other private sector participants in accordance with point 8, paragraph 1, subparagraph 3 hereinabove, the Proponent may enjoy preferential terms or the right to match during the selection process. Such preferential measures shall be submitted by the Arranging Authority for approval by the evaluation committee and shall be published together with the announcement of solicitation for other private sector participants.

14. Measures for Protection of Proponents’ Intellectual Property Rights

Following negotiations with the Proponent and a decision for the government to solicit bids from other private sector participants, any intellectual property rights issues concerning documents submitted by the Proponent pursuant to Article 46 of the Act shall be handled according to applicable laws and regulations. Obligations regarding consideration to be paid for intellectual property rights shall be published together with the announcement soliciting other private sector participants.

15. Handling of Governmental Assistance or Coordination

In cases in which decision on items requiring governmental assistance or coordination is not within the power of the authority in charge, it shall consult with relevant agencies or report the matter to its supervisory agency.

16. Formation of Working Groups

Where the need arises in evaluating an unsolicited proposal, the authority in charge may decide to establish a working group.

The provisions of Articles 8, 9, and 15 of the Regulations for the Organization of the Selection committee and the Evaluation for the Private Participation in Infrastructure Projects shall apply, mutatis mutandis, with regard to formation of a working group in accordance with the preceding paragraph and the scope of its work.

17. Opportunities of Private Applicants to Be Heard

In evaluating a proposal, the authority in charge shall provide a private applicant with the opportunity to put forth opinions.

18. Engaging a Consultant to Assist in Evaluation

In evaluating an unsolicited proposal involving technical or professional matters, the authority in charge may engage a professional consultant in the relevant area to assist with related evaluation procedures.

19. Drafting the Concession Agreement

The formulation of a draft concession agreement shall be decided following negotiations between the authority in charge and the applicant.

20. Key points and Method of Handling Transfer of Unsolicited Proposals to Government Planning

Where an unsolicited proposal does not receive approval, or where land title or land use rights are not acquired in accordance with applicable provisions, based upon the public interest and relevant laws and regulations, the authority in charge may solicit the participation of private investors in accordance with Article 42 of the Act, or the government may itself undertake construction and operation of the project.

21. Government Policy Announcements

The authority in charge may, on its own authority and in accordance with policy needs, publicly announce items that are open for unsolicited proposal, items for which the government will provide assistance, and related procedures. Evaluation of proposals shall proceed in accordance with these Directions.

22. Detailed Working Procedures:

The authority in charge may promulgate more detailed working procedures in accordance with these Directions.

• Procedures for unsolicited proposals where proponent provides land for project　Download
• Procedures for unsolicited proposals where government provides land and/or facilities　Download