Section 17: Award of contracts during the construction phase

(1) The project company may award contracts or continue the contracts for the scope of goods, works or services set out in the construction phase bid evaluation report approved by the Authority. (2) A contractor and each of the direct or indirect subcontractors of the contractor shall be entitled to award contracts or continue the contracts for the scope of goods, works or services identified as national or international, as the case may be subcontracting in the construction phase bid evaluation report approved by the Authority. (3) For the scope of goods, works or services identified as the yet-to-be identified national content subcontracting in the construction phase bid evaluation report approved by the Authority, a contractor and each of the direct or indirect subcontractors of the contractor shall run transparent and competitive selection processes and award contracts and procure the related goods, works and services, provided that- (a) the relevant national content requirements for the contractor approved in the bid evaluation report are respected; (b) all suppliers to which contracts are awarded are registered on the national supplier database maintained by the Authority; (c) the contractor advertises the related selection process in at least two newspapers of national circulation, giving at least one month to reply; and (d) the contractor has communicated its decision to the unsuccessful bidders, indicating the reasons why the bid was unsuccessful, and in relation to paragraphs (a), (b) and (c), the contractor and each of its direct or indirect subcontractors shall not be required to prepare or submit separate national content plans, obtaining approvals in relation to national content from the Authority, or to report to the Authority on national content and shall not be subject to any further steps, approvals, consents or restrictions from the Authority. (4) The national content related to any sub-contracting under subsection 3(a), (b) and (c) shall be included in the quarterly reports submitted to the Authority by the project company for the purpose of measuring compliance with national content requirements.