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Public-private Partnership Bill, 2009

Public-private Partnership Bill, 2009

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Published by Zambian-Economist
An Act to promote and facilitate the implementation of privately financed infrastructure projects and effective delivery of social services by enhancing transparency, fairness and long term sustainability and removing undesirable restrictions on private sector participation in the provision of social sector services and the development and operation of public infrastructure; establish a Public Private Partnership Unit and provide for its functions; establish the Public-Private Partnership Council and
provide for its functions; provide for public-private partnerships for the construction and operation of new infrastructure facilities and systems and the maintenance, rehabilitation, modernisation, expansion and operation of existing infrastructure facilities and systems and the provision of social sector services; develop general principles of transparency, economy and fairness in the award of contracts by public authorities through the establishment of specific procedures for the award of
infrastructure projects and facilities and provision of social sector services and rules governing public private inception, procurement, contracting and management of public-private partnerships; provide for the implementation of public private partnership agreements between contracting authorities and concessionaires; and provide for matters connected with or incidental to the
foregoing.
An Act to promote and facilitate the implementation of privately financed infrastructure projects and effective delivery of social services by enhancing transparency, fairness and long term sustainability and removing undesirable restrictions on private sector participation in the provision of social sector services and the development and operation of public infrastructure; establish a Public Private Partnership Unit and provide for its functions; establish the Public-Private Partnership Council and
provide for its functions; provide for public-private partnerships for the construction and operation of new infrastructure facilities and systems and the maintenance, rehabilitation, modernisation, expansion and operation of existing infrastructure facilities and systems and the provision of social sector services; develop general principles of transparency, economy and fairness in the award of contracts by public authorities through the establishment of specific procedures for the award of
infrastructure projects and facilities and provision of social sector services and rules governing public private inception, procurement, contracting and management of public-private partnerships; provide for the implementation of public private partnership agreements between contracting authorities and concessionaires; and provide for matters connected with or incidental to the
foregoing.

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Published by: Zambian-Economist on Nov 28, 2009
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06/08/2010

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THE PUBLIC-PRIVATE PARTNERSHIP
BILL, 2009
MEMORANDUM
The objects of this Bill are to—
promote and facilitate the implementation of privately
financed infrastructure projects and effective deliveryof social services by enhancing transparency, fairness
and long term sustainability and removing undesirable
restrictions on private sector participation in the provision
of social sector services and the development and
operation of public infrastructure;
establish a Public Private Partnership Unit and provide
for its functions;
establish the Public-Private Partnership Council and
provide for its functions;provide for public-private partnerships for the construction
and operation of new infrastructure facilities and
systems, the maintenance, rehabilitation, modernisation,
expansion and operation of existing infrastructure
facilities and systems and the provision of social sector
services;
(e)
develop general principles of transparency, economy andfairness in the award of contracts by public authoritiesthrough the establishment of specific procedures for the
award of infrastructure projects and facilities and
provision of social sector services and rules governingpublic private inception, procurement, contracting andmanagement of public-private partnerships;
(f)provide
for the implementation of public private partnership
agreements between contracting authorities and
concessionaires; and
(g) provide for matters connected with or incidental to the
foregoing.
M. MAI,11,A,
Attorney-General
N.A.B. 13, 2009
16th June, 2008
 
2
No. of 2009
ublic-Private Partnership
THE PUBLIC PRIVATE PARTNERSHIP BILL,
2009
A
RRANGEMENT OF
S
ECTIONS
Section
PART I
P
RELIMINARY
Short title and commencement
Application
InterpretationPART II
T
HE
P
UBLIC
P
RIVATE
P
ARTNERSHIP
U
NIT
Establishment of Public-Private Partnership Unit
Functions of Unit
Establishment of Public -Private Partnership Council
Functions of CouncilComposition of Council
Secretary to CouncilConstitution of Public-Private Partnership Technical
Committee
Functions of Technical CommitteeProceedings of Technical CommitteeDisclosure of interest
Conciliation, mediation and arbitration
Appointment of mediator or arbitratorDirector, Deputy Director and other public officersPART III
P
ROJECT
I
DENTIFICATION
A
ND
F
EASIBILITY
S
TUDY
Participation in project
Project identification and feasibility studyApproval by Council
PART IV
C
OMPETITIVE
S
EI,ECTION
P
ROCESS
A
WARD
P
ROCEEDINGS
Procurement procedure
Pre selection proceedingsRequest for expression of interest
N
.
A
.
B.
13, 2009
 
Public-Private Partnership
No. of 2009 3
Pre selection criteriaParticipation of consortiaEvaluation of pre selection bidsApproval of Unit
Single stage and two stage procedures for requesting
technical proposalsContent of request for technical proposalsBid Securities
Clarifications and modificationsEvaluation criteria
Evaluation of technical proposalFurther demonstration of fulfillment of qualification criteria
Final negotiations
Circumstances authorizing award without competitiveprocedures
Procedures for negotiation of agreement
Confidentiality
Notice of contract award
Record of selection and award proceedingsReview procedures
Organisation of concessionaire
Unsolicited proposal
PART V
PUBLIC PRIVATE PARTNERSHIP AGREEMENTS
Contents and implementation of agreementGoverning law
Ownership of assets
Acquisition of rights related to project site
Easements
Financial arrangementsSecurity interests
Assignment of agreement
Transfer of controlling interest in concessionaireOperation of infrastructure facilityCompensation for specific changes in legislationRevision of agreementTakeover of projectSubstitution of concessionaire
57. Duration and extension of agreement
N.A.B. 13, 2009

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