TAMIL NADU INFRASTRUCTURE DEVELOPMENT BOARD REGULATIONS, 2013.

4 · Meetings of the Board (1) The Board shall meet at least twice a year, or as and when desired by the Chairperson of the Board.

5 · Meetings of the Executive Committee (1) The Executive Committee shall meet at least once in a quarter, or as and when desired by the Chairman of the Executive Committee.

6 · Panel of Transaction Advisors and other Consultants (1) The Board may prepare panels of Transaction Advisors and other categories of consultants by following the prequalification process prescribed under Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998);

7 · Project Concept Note (1) In pursuance to section 14 of the Act, the views of the public agency under sub-section (1) or the proposal under subsection (2) shall be submitted to the Board in the form of a Project Concept Note, containing the details as indicated in the format prescribed in Appendix I.

8 · Feasibility Study (1) In addition to the information specified in clause (f) of section 2 of the Act, the feasibility study shall include the following information:

9 · Value for Money Assessment (1) The Value for Money Assessment shall be part of the Feasibility Study of any Project proposed for implementation through the Public-Private Partnership mode and for other projects where the Board is of the view that such an assessment is necessary.

10 · Recommendation of the Board (1) On considering the note prepared under clause (5) of regulation 7, the project concept note and the feasibility study, the Board shall make a determination as to the feasibility and the desirability of implementing the project on account of its socio-economic benefits, including the priority of such implementation vis a vis other projects under its consideration.

11 · Factors to be considered by the Board in determining whether to

12 · Project Implementation by Public Sector Mode (1) On receipt of Government's decision to implement a project in the public sector mode, if the

13 · Publishing the Details of the proposed Public-Private Partnership project for Objections and Suggestions: (1) The CEO shall, within five days of receipt of the Government's direction to implement a project in the Public-Private Partnership mode, intimate the Sponsoring Agency.

14 · Project Structuring and Final Approval for Public-Private Partnership Projects—(1) Based on the report from the Sponsoring Agency under regulation 13, if the Board is of the view that the information available regarding the technical, economic, social or financial parameters of the project are adequate to proceed with Public-Private Partnership procurement, it will direct the Executive Committee to finalize the scope and structure of the project.

15 · Approval of Tender Documents and Concession Agreement (1) The Board may prescribe standard tender documents for adoption for different types of projects and such standard documents may be used for procurement wherever available.

16 · Appointment of Project Management Facility (PMF) (1) For projects of large size and complexity, at any time after recommending a project for

17 · Appointment of Project Managers—(1) In cases where no Project Management Facility is created for a project, the public agency implementing a project in the public sector mode shall designate a Project Manager and a sponsoring agency implementing a Public-Private Partnership Project shall designate a Project Manager under section 19 of the Act.

18 · Project Monitoring (1) The Project Management Facility or the Project Manager shall submit to the Board through the sponsoring agency an Achievement and Exception Report to Board on a quarterly basis, within thirty days of the end of the quarter.

19 · Project Management Plan—(1) The Public agency or Sponsoring Agency shall cause to be prepared by the Project Management Facility or the Project Manager, following the principles contained in Appendix V, a Project Management Plan at a stage no later the signing of the Contract or the Concession Agreement, which shall:

20 · Treatment of variation (1) Where a Contract or a Concession Agreement includes provisions for amendments consequent on variations, it shall be the responsibility of the Project Manager or PMF to:

1 · Executive summary:

2 · Project Background:

3 · Strategic Needs Assessment, Demand Assessment and Project Scoping:

4 · Service Standard — Output and Services:

5 · Market Assessment:

6 · Technical Feasibility:

7 · Financial Feasibility:

8 · Environment Impact:

9 · Legal Framework:

10 · Stakeholder consultation findings and public interest evaluation:

11 · The Public Sector Comparator (PSC), Value for Money and recommendations:

12 · Conclusion and Recommendations on Feasibility Assessment:

13 · Risk Assessment:

14 · Key Commercial Principles including Payment Mechanisms:

15 · Evaluation Criteria for selection of the private entity:

16 · Implementation Plan:

17 · Project Resource Requirement:

18 · Conclusion and Recommendations on Structuring

4 · Responsibility during Operations Period:- (a) Once the construction is completed the PMF shall, undertake periodic site-visits, to monitor the operations and maintenance of the Public-Private Partnership Project as per the contract terms. This shall include:

5 · Performance Management:- (a) To achieve high standards of performance from the Project including a Public-Private Partnership Project, it is vital to continuously monitor its service delivery and compliance to performance standards. Therefore, the Public Agency or Sponsoring Agency, through the PMF, shall put in place requisite performance monitoring mechanisms.

6 · Key Performance Indicators:- (a) Key Performance Indicators (KPI) for each of the performance requirements as defined in the concession agreement or contract, shall be periodically monitored by PMF. Such KPIs shall be:

7 · Risk Management:- (a) Based on the risks identified and allocated during the procurement and contracting phases, a response plan to risks materializing shall be prepared by the Procuring Entity. This shall be a set of possible escalations and actions to be made by the Sponsoring Agency for managing risks and responding to possible risk outcomes.

8 · Contingency Management:- (a) Many of the facilities and services under the Public-Private Partnership Projects will be of an essential nature and hence would require to be restored to citizens or users at the earliest possible and even in case of private party failure.

10 · Dispute Resolution:- (a) Effective measure should be put in place through the contract to settle disputes between the contracting parties.

11 · Project Administration:- The Project Management Facility shall be responsible for project administration, supported by such resources as are required. It shall encompass the fulfilment of the set of activities mentioned herein to meet contractual requirements.

12 · Financial Administration:- (a) Financial adminis-tration shall include implementation of the payment mechanism as defined in the contract and developed in the Project Management Plan. The Project Management Facility shall be responsible for fulfilling the activities related to financial administration listed herein.

13 · Information and knowledge management:-(a) The Project Management Facility shall be responsible for put in place effective mechanisms for information and knowledge management. It shall extend to, but not limited to responsibilities listed herein below: