Guide · updated 19 October 2026
Are unsolicited proposals and direct awards lawful?
An unsolicited proposal is not automatically an unlawful award. The Philippines PPP Code permits unsolicited proposals under a defined evaluation and comparative-challenge process 1. That does not establish approval of any particular border project. In The Gambia, auditors criticised an unsolicited Securiport proposal that was not competitively tendered, and recorded management's account of Cabinet approval 2. Bangladesh's procurement authority lists a 2026 amendment 3. A conclusion about a particular award needs its applicable law and decision record.
- Philippines
- Section 10 of Republic Act 11966 governs unsolicited PPP proposals 1.
- The Gambia
- NAO finding 3.1.1 addresses non-competitive procurement and records management's response 2.
- Bangladesh
- BPPA lists the 2026 procurement amendment gazette dated 30 April 2026 3.
Philippines: a proposal is not an award
Section 10 requires a process through the PPP Center and implementing agency, with evaluation, negotiation and comparative challenge. The challenge period is at least 90 days and no more than one year. Original proponent status does not itself complete the award process 1.
The Gambia: approval and audit criticism
NAO said the unsolicited proposal was not competitively tendered. Management's recorded response said Cabinet reviewed and approved it. The auditor still urged urgent review with the justice ministry and PPP directorate. Cabinet approval did not end the audit's criticism 2.
Bangladesh: do not freeze the law at 2006
BPPA's legislation index lists the 2006 Act, a 2025 ordinance and a 2026 amendment. This guide does not decide whether a particular Bangladesh proposal complies with those instruments. The operative text and project approval record must be checked together 3.
Questions and answers
Does filing an unsolicited proposal prove an award?
No. The Philippines law separates submission, evaluation, negotiation and challenge 1.
Does the Gambia audit treat Cabinet approval as sufficient?
The report records that response but maintains its recommendation for review 2.