Public Private Partnership Act, 2020 (Act 1039) - Revision history

Oblitey at 21:22, 20 June 2024

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	:(e) the procurement of goods, works and services primarily with the use of public funds by any contracting authority under the Public Procurement Act, 2003 (Act 663), except as otherwise provided under this Act; and		:(e) the procurement of goods, works and services primarily with the use of public funds by any contracting authority under the Public Procurement Act, 2003 (Act 663), except as otherwise provided under this Act; and
	:(f) non-commercial activities that are the exclusive preserve of the security services.		:(f) non-commercial activities that are the exclusive preserve of the security services.
	~~Obligations of Contracting Authorities~~


			===Obligations of Contracting Authorities===

	====3. Compliance====		====3. Compliance====

Oblitey: /* =46. Response to bidders and bidders' conference */

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=46. Response to bidders and bidders' conference

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	=====46. Response to bidders and bidders' conference====		====46. Response to bidders and bidders' conference====
	(1) The contracting authority shall respond to any request by a bidder or prospective private party for clarification of the request for proposal documents if the request is made at least ten days before the date for the submission of the request for proposal documents.		(1) The contracting authority shall respond to any request by a bidder or prospective private party for clarification of the request for proposal documents if the request is made at least ten days before the date for the submission of the request for proposal documents.

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	(4) Clarifications sought by bidders or prospective private parties and responses provided at the bidders' conference shall be communicated to all bidders in writing in a Bid Bulletin to enable the bidders finalise the proposals for submission.		(4) Clarifications sought by bidders or prospective private parties and responses provided at the bidders' conference shall be communicated to all bidders in writing in a Bid Bulletin to enable the bidders finalise the proposals for submission.


	====47. Submission and opening of bids====		====47. Submission and opening of bids====

Oblitey: /* =65. Easements */

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=65. Easements

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	=====65. Easements====		====65. Easements====
	Subject to the payment of appropriate compensation that may be required, a contracting authority or other public entity may, for the purposes of a partnership project and in accordance with the Lands (Statutory Wayleaves) Act, 1963 (Act 186) and a partnership agreement, assist the private party concerned to		Subject to the payment of appropriate compensation that may be required, a contracting authority or other public entity may, for the purposes of a partnership project and in accordance with the Lands (Statutory Wayleaves) Act, 1963 (Act 186) and a partnership agreement, assist the private party concerned to
	:(a) enjoy the right to enter upon,		:(a) enjoy the right to enter upon,
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	:(c) work or fix installations upon,		:(c) work or fix installations upon,
	property of third parties, as appropriate for the implementation of a partnership project.		property of third parties, as appropriate for the implementation of a partnership project.


	====66. Payment of compensation====		====66. Payment of compensation====

Oblitey: /* THIRD SCHEDULE - MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO BE SPECIFIED IN PROJECT AGREEMENT */

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THIRD SCHEDULE - MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO BE SPECIFIED IN PROJECT AGREEMENT

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	====THIRD SCHEDULE - MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO BE SPECIFIED IN PROJECT AGREEMENT====		====THIRD SCHEDULE - MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO BE SPECIFIED IN PROJECT AGREEMENT====
	(section 58 (11))		(section 58 (11))

	1. The nature and scope of works and services that the parties shall carry out and the conditions for their implementation.		1. The nature and scope of works and services that the parties shall carry out and the conditions for their implementation.

Oblitey: /* FIRST SCHEDULE - THRESHOLDS FOR APPROVAL AUTHORITIES */

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FIRST SCHEDULE - THRESHOLDS FOR APPROVAL AUTHORITIES

Oblitey: /* FIRST SCHEDULE - THRESHOLDS FOR APPROVAL AUTHORITIES */

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FIRST SCHEDULE - THRESHOLDS FOR APPROVAL AUTHORITIES

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	\| Partnership Projects with an estimated capital cost of not more than the Ghana Cedi equivalent of two hundred million United States Dollars (Dollars (USD20Om). \|\| Public Private Partnership Committee \|\| The amount established at feasibility study stage shall be used to determine the threshold.		\| Partnership Projects with an estimated capital cost of not more than the Ghana Cedi equivalent of two hundred million United States Dollars (Dollars (USD20Om). \|\| Public Private Partnership Committee \|\| The amount established at feasibility study stage shall be used to determine the threshold.
	\|-		\|-
	\| "Partnership Projects undertaken by Metropolitan, Municipal and District Assemblies with estimated capital cost of less than		\| Partnership Projects undertaken by Metropolitan, Municipal and District Assemblies with estimated capital cost of less than
	\|-
	\| (a) the Ghana Cedi equivalent of one million United States Dollars (USD 1m) in the case of a District Assembly;		(a) the Ghana Cedi equivalent of one million United States Dollars (USD 1m) in the case of a District Assembly;
	\|-
	\| (b) the Ghana Cedi equivalent of two million United States Dollars (USD 2m) in the case of a Municipal Assembly;		(b) the Ghana Cedi equivalent of two million United States Dollars (USD 2m) in the case of a Municipal Assembly;
	\|-
	\| (c) the Ghana Cedi equivalent of five million United States Dollars (USD 5m) in the case of a Metropolitan Assembly.~~" \|~~\| General Assembly of the Metropolitan, Municipal and District Assemblies for Local Government Authority projects \|\| The amount established at pre-feasibility or feasibility study stage shall be used to determine the threshold.		(c) the Ghana Cedi equivalent of five million United States Dollars (USD 5m) in the case of a Metropolitan Assembly.

			\| General Assembly of the Metropolitan, Municipal and District Assemblies for Local Government Authority projects
			\| The amount established at pre-feasibility or feasibility study stage shall be used to determine the threshold.
	\|}		\|}

Oblitey at 21:11, 20 June 2024

2024-06-20T21:11:53Z

Show changes

Oblitey: Created page with "==ARRANGEMENT OF SECTIONS== ''Preliminary Provisions'' :1. Objects of the Act :2. Application ''Obligations of Contracting Authorities'' :3. Compliance :4. Safeguards :5. Risk allocation :6. Affordability and sustainability :7. Fairness and transparency :8. Stakeholder consultation by contracting authority :9. Application of procurement procedures :10. Local content and technology transfer :11. Value for money ''Institutional Arrangements for Public Private Partnership..."

2024-06-20T20:43:08Z

Created page with "==ARRANGEMENT OF SECTIONS== ''Preliminary Provisions'' :1. Objects of the Act :2. Application ''Obligations of Contracting Authorities'' :3. Compliance :4. Safeguards :5. Risk allocation :6. Affordability and sustainability :7. Fairness and transparency :8. Stakeholder consultation by contracting authority :9. Application of procurement procedures :10. Local content and technology transfer :11. Value for money ''Institutional Arrangements for Public Private Partnership..."

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← Older revision		Revision as of 23:16, 20 June 2024
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	SECOND SCHEDULE		====SECOND SCHEDULE - PUBLIC PRIVATE PARTNERSHIP ARRANGEMENTS====
	PUBLIC PRIVATE PARTNERSHIP ARRANGEMENTS
	(section 56)		(section 56)

	The following Public Private Partnership arrangements with their variations and combinations may be entered into by the Contracting Authority for undertaking any Public Private Partnership Project. The arrangements enumerated in this Schedule are indicative in nature and the contracting authority may evolve and arrive at such agreement or arrangement incorporating any of the arrangements enumerated hereinafter or any other arrangements as are necessary or expedient for any specific project subject to the extent of financial and technical involvement and risk taken by the private party and upon approval of the Minister.		The following Public Private Partnership arrangements with their variations and combinations may be entered into by the Contracting Authority for undertaking any Public Private Partnership Project. The arrangements enumerated in this Schedule are indicative in nature and the contracting authority may evolve and arrive at such agreement or arrangement incorporating any of the arrangements enumerated hereinafter or any other arrangements as are necessary or expedient for any specific project subject to the extent of financial and technical involvement and risk taken by the private party and upon approval of the Minister.

	1. Build Own Operate (BOO): A contractual agreement that authorises a private party to finance, build, manage, operate as well as maintain the infrastructure facility and provide services for a defined period of time. Private party remuneration is either through user charges, government budgets, or a combination of both. The transfer of the project to the government or the contracting authority is not envisaged in this structure.		1. Build Own Operate (BOO): A contractual agreement that authorises a private party to finance, build, manage, operate as well as maintain the infrastructure facility and provide services for a defined period of time. Private party remuneration is either through user charges, government budgets, or a combination of both. The transfer of the project to the government or the contracting authority is not envisaged in this structure.
	2. Build, Own, Operate and Transfer (BOOT): A contractual agreement in which the private party designs, finances, builds, operates and maintains an infrastructure facility for a specified
	49		2. Build, Own, Operate and Transfer (BOOT): A contractual agreement in which the private party designs, finances, builds, operates and maintains an infrastructure facility for a specified time period, after which the private party transfers the facility to the contracting authority During the, term of the contract the private party holds the legal and economic rights to the asset. The private party recoups their investment either through user charges, government budgets, or a combination of both.
	time period, after which the private party transfers the facility to the contracting authority During the, term of the contract the private party holds the legal and economic rights to the asset. The private party recoups their investment either through user charges, government budgets, or a combination of both.
	3. Build, Operate and Transfer (BOT): A contractual arrangement where the private party finances, constructs operates and maintains an infrastructure facility and transfers the facility to the contracting authority at the end of a specified term, Legal ownership of the asset shall remain with the government or contracting authority for the duration of the contract agreement. The private party recoups their investment either through user charges, government budgets, or a combination of both.		3. Build, Operate and Transfer (BOT): A contractual arrangement where the private party finances, constructs operates and maintains an infrastructure facility and transfers the facility to the contracting authority at the end of a specified term, Legal ownership of the asset shall remain with the government or contracting authority for the duration of the contract agreement. The private party recoups their investment either through user charges, government budgets, or a combination of both.

	4. Build, Transfer and Operate (BTO): A contractual arrangement where the private party constructs an infrastructure facility and assumes the costs and risks associated with the construction of the building and upon completion, transfers ownership of the facility, both legally and economically to the contracting authority. Operation of the facility is done on behalf of the contracting authority. Remuneration of the private party is either through user charges, government budgets, or a combination of both.		4. Build, Transfer and Operate (BTO): A contractual arrangement where the private party constructs an infrastructure facility and assumes the costs and risks associated with the construction of the building and upon completion, transfers ownership of the facility, both legally and economically to the contracting authority. Operation of the facility is done on behalf of the contracting authority. Remuneration of the private party is either through user charges, government budgets, or a combination of both.

	5. Concession: Where a contracting authority issues a contractual licence to the private party to operate, maintain, rehabilitate or upgrade an infrastructure facility and to charge a user fee while paying a concession fee to the contracting authority.		5. Concession: Where a contracting authority issues a contractual licence to the private party to operate, maintain, rehabilitate or upgrade an infrastructure facility and to charge a user fee while paying a concession fee to the contracting authority.

	6. Design, Build, Finance, Operate and Maintain (DBFOM): A contractual agreement which enables the private party to design, build, finance, operate and maintain an infrastructure facility for a specified period of time, after which the facility is transferred to the contracting authority. Legal ownership of the asset for the duration of the contract agreement remains with the government or contracting authority. The private party recoups their investment either through user charges, government budgets, or a combination of both.		6. Design, Build, Finance, Operate and Maintain (DBFOM): A contractual agreement which enables the private party to design, build, finance, operate and maintain an infrastructure facility for a specified period of time, after which the facility is transferred to the contracting authority. Legal ownership of the asset for the duration of the contract agreement remains with the government or contracting authority. The private party recoups their investment either through user charges, government budgets, or a combination of both.
	7. Develop, Operate and Transfer (DOT): A contractual arrangement where ~~favorable~~ conditions external to a proposed infrastructure project by a private party are integrated into the arrangement by giving that private party the right to develop adjoining property and enjoy the benefits the investment creates as the parties agree on condition that the private party transfers the infrastructure facility to the contracting authority within a specified period and the developed property remain the property of the private party in perpetuity.
			7. Develop, Operate and Transfer (DOT): A contractual arrangement where favourable conditions external to a proposed infrastructure project by a private party are integrated into the arrangement by giving that private party the right to develop adjoining property and enjoy the benefits the investment creates as the parties agree on condition that the private party transfers the infrastructure facility to the contracting authority within a specified period and the developed property remain the property of the private party in perpetuity.

	8. Operation and Maintenance (O&M): A contractual agreement in which the private party is responsible for the operation, maintenance and management of an infrastructure facility for a specified period of time and the contracting authority retains ownership of the facility and capital assets. Under the public private partnership, they are typically performance-based, long-term, and require substantial private capital investment.		8. Operation and Maintenance (O&M): A contractual agreement in which the private party is responsible for the operation, maintenance and management of an infrastructure facility for a specified period of time and the contracting authority retains ownership of the facility and capital assets. Under the public private partnership, they are typically performance-based, long-term, and require substantial private capital investment.

	9. Rehabilitate, Operate and Transfer (ROT): A contractual agreement where the private party refurbishes, operates and maintains for a specified period, an existing facility at the expiry of which the private party transfers the facility to the contracting authority.		9. Rehabilitate, Operate and Transfer (ROT): A contractual agreement where the private party refurbishes, operates and maintains for a specified period, an existing facility at the expiry of which the private party transfers the facility to the contracting authority.
	THIRD SCHEDULE
	MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO
	50		====THIRD SCHEDULE - MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO BE SPECIFIED IN PROJECT AGREEMENT====
	BE SPECIFIED IN PROJECT AGREEMENT
	(section 58 (11))		(section 58 (11))
	1. The nature and scope of works and services that the parties shall carry out and the conditions for their implementation.		1. The nature and scope of works and services that the parties shall carry out and the conditions for their implementation.

	2. The rights of a contracting authority, the project company and where applicable, the lender, in relation to the project including step-in rights of lenders.		2. The rights of a contracting authority, the project company and where applicable, the lender, in relation to the project including step-in rights of lenders.

	3. A description of any property to be contributed by a party to the project agreement.		3. A description of any property to be contributed by a party to the project agreement.

	4. A description of any utilities to be provided in relation to the project and the responsibility of the project.		4. A description of any utilities to be provided in relation to the project and the responsibility of the project.

	5. The ownership of the project assets, the obligations of parties related to the hand-over and receipt of the project site.		5. The ownership of the project assets, the obligations of parties related to the hand-over and receipt of the project site.

	6. The responsibility of obtaining authorisations, permits and approvals.		6. The responsibility of obtaining authorisations, permits and approvals.

	7. A description of any sharing of revenue between the contracting authority and the private party.		7. A description of any sharing of revenue between the contracting authority and the private party.

	8. Mutual financial obligations and their relation to the funding mechanism including the requirements relating to performance bonds and guarantees.		8. Mutual financial obligations and their relation to the funding mechanism including the requirements relating to performance bonds and guarantees.

	9. The preparation and submission of financial and other reports and the carrying out of financial audits in relation to the project.		9. The preparation and submission of financial and other reports and the carrying out of financial audits in relation to the project.

	10. The end-user levy, tariff or the viability gap funding on which the project is based and the rules for its determination and amendment, either by an increase or decrease, as well as the indexation mechanisms to reflect inflation or changes in the interest rate, if required.		10. The end-user levy, tariff or the viability gap funding on which the project is based and the rules for its determination and amendment, either by an increase or decrease, as well as the indexation mechanisms to reflect inflation or changes in the interest rate, if required.

	11. The means of quality assurance and quality control and supervision as well as administrative, financial and technical monitoring of the project operation, utilisation and maintenance.		11. The means of quality assurance and quality control and supervision as well as administrative, financial and technical monitoring of the project operation, utilisation and maintenance.

	12. The extent of the right of the contracting authority to vary the conditions of the project and other obligations imposed on private party and the basis and mechanisms of compensation for any loss resulting from the variation order.		12. The extent of the right of the contracting authority to vary the conditions of the project and other obligations imposed on private party and the basis and mechanisms of compensation for any loss resulting from the variation order.

	13. The types of insurance to be taken for the project and the risks of its operation or utilisation, executive warranties issued in favour of the public authority and provisions and procedures for their release.		13. The types of insurance to be taken for the project and the risks of its operation or utilisation, executive warranties issued in favour of the public authority and provisions and procedures for their release.

	14. The basis of risk allocation in respect of a change in the law, unforeseeable accidents, force majeure or discovery of antiques, as the case may be, and the resultant compensation.		14. The basis of risk allocation in respect of a change in the law, unforeseeable accidents, force majeure or discovery of antiques, as the case may be, and the resultant compensation.

	15. The duration of the contract.		15. The duration of the contract.

	16. Early termination events under which a party may terminate the contract prior to the expiry of the project agreement and the rights of the parties in relation to the termination.		16. Early termination events under which a party may terminate the contract prior to the expiry of the project agreement and the rights of the parties in relation to the termination.

	17. The process of handing over the project on expiry or on termination of the project agreement by a party to the agreement.		17. The process of handing over the project on expiry or on termination of the project agreement by a party to the agreement.
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	18. Mechanism for dispute resolution including resolution of disputes by way of arbitration or any other amicable dispute resolution mechanism.		18. Mechanism for dispute resolution including resolution of disputes by way of arbitration or any other amicable dispute resolution mechanism.

	19. The events giving rise to compensation and the mechanisms for payment of the compensation or penalties.		19. The events giving rise to compensation and the mechanisms for payment of the compensation or penalties.

	20. Performance securities required when undertaking a project, the value and renewal mechanisms.		20. Performance securities required when undertaking a project, the value and renewal mechanisms.

	21. Appointment of independent experts or engineers.		21. Appointment of independent experts or engineers.

	22. Direct agreements and lenders rights where applicable.		22. Direct agreements and lenders rights where applicable.

	23. Termination and expiry of the project agreement.		23. Termination and expiry of the project agreement.

	24. Obligations of undertakings and warranties by contracting parties.		24. Obligations of undertakings and warranties by contracting parties.

	25. Cases of emergency step-in by either contracting authority or lenders in case of private party default.		25. Cases of emergency step-in by either contracting authority or lenders in case of private party default.