The operation phase shall start from the date of commencing operations and providing service till their completion as set out in the PPP contract. During this phase, the mechanism of the project implementation monitoring by the Federal Entity shall be limited to establishing a unit for managing the project company without the need to the Steering Committee, as this phase is naturally a routine phase.
Prior to commencing this phase, the Federal Entity shall appoint an independent certifier other than the independent certifier appointed in the preparation phase, whose role shall be limited to the technical matters, including:
• Monitoring the project company compliance with the standards identified for the performance and maintenance.
• Identifying delays and defects that require actions by the government to apply the contract conditions.
• Preparing a systemized monitoring reports
Prior to commencing this phase, the Federal Entity may appoint an office for managing the project (when necessary) other than the office monitoring the project in the preparation phase due to the difference in the competencies and expertise required in both phases. Such office shall:
• Monitor the operations carried out by the project company in terms of outputs as well as levels and quality of the required services in light of the agreed performance measurement standards.
• Monitor the suggestions relating to the plan of addressing the project company violation of its obligations and imposing penalties and fines.
• Manage the settlement of the existing disputes and the change orders.
• In general, ensure that the project company processes are in conformity with the conditions set out in the PPP contract.
• Provide the project assets and hand over them upon the contract expiration.
• Prepare periodic reports on the monitoring operations for the first two years and annual reports for the later years. Copy of these reports shall be sent to the Federal Entity to take the appropriate decision regarding them, and also to the Technical Bureau because it is in charge of following up the PPP projects in the federal government.
If the project company violates its obligations, the Federal Entity shall, at any time, check, audit, monitor and test the provided services to ensure their conformity with the contract terms. In case of repeating the violation or if there are many complaints relating to the provided service level, the Federal Entity may submit the matter and the suggested recommendations to the cabinet.