Responsibility for the delivery of PPP projects rests with the line ministries and agencies that have been mandated this role under the Rules of Business of the Government. Line ministry and agency responsibility cover the identification of the project, development of the project, procurement process, selection of the final bidder and the signing of the PPP contract with the private partner.
The PPP Authority's role in relation to the PPP program extends to supporting the line ministries and agencies to identify, develop, procure and finance PPP projects. For interested investors and lenders, the PPP Authority provides a professional, transparent, centralized portal for accessing high quality PPP Projects and is staffed by both private sector professionals and civil service resources, the PPP Authority facilitates project development, and builds capabilities, with the goal to enhancing the quality, attractiveness, and sustainability of PPP projects.
The roles and responsibilities of the PPP Authority are specified in Section 9 of the PPP Act. The English translation of the section is set out below:
9. Power and functions of the PPP Authority. - (1) The power and functions of the PPP Authority shall be as follows: | ||
| a) | Promulgating, approving, publishing in the Gazettes and issuing PPP related policies, Regulations, directions, and guidelines; |
b) | Providing decisions on the financial participation and provision of incentives for PPP Projects by Government; | |
c) | Providing necessary direction to the Contracting Authority; | |
d) | Resolving any constraints or difficulty in implementation of PPP Projects; | |
e) | Providing opinion on matters relating to PPP Projects; | |
f) | Framing technical and best practice requirements, pre-qualification and bid documents; | |
g) | Development of model PPP Contracts and obtaining vetting; | |
h) | Giving consent on PPP Project matters; | |
i) | Establishing the process for selection of Private Partners; | |
j) | Approving the selected bidder for PPP Projects; | |
k) | Approving the termination of PPP Contracts, where applicable; | |
l) | Approving model PPP Contracts; | |
m) | Assisting in PPP Project activities; | |
n) | Executing and signing PPP Contracts, from time to time, for Projects assigned to the PPP Authority; | |
o) | Determining and approving the organogram of the officers and employees; | |
p) | Approving a separate salary structure for the officers and employees and making payments accordingly; | |
q) | Fixing the terms of reference and appointment process, appointing and fixing the fees of advisors or specialists or both; | |
r) | Arranging and approving study tours, training, seminars etc. on PPP matters at home and abroad; | |
s) | Ensuring implementation of the PPP related Rules, Regulations and directions; | |
t) | Reviewing and monitoring the PPP programme; | |
u) | Supervising and coordinating the progress of PPP Projects; | |
v) | Managing and monitoring the selection process of the Private Partner; | |
w) | Forming panels of advisors or specialists or both for PPP Projects and processing the selection of advisors or specialists or both from the said panels in the prescribed manner; and | |
x) | Execution of any PPP related work. | |
The powers of the PPP Authority are wide ranging; these can be categorized into a number of core functional areas that underpin the bulk of the activities carried out by the Authority. These core functional areas are illustrated in the diagram below and are briefly described in the section that follows.
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Fig 2: Core functional areas of the PPP Authority