7.2. Key Stakeholders

Description: Government entities, also referred to as Contracting Authorities, are entities that are subject to the general budget, or are recipients of any form of financial support, of the Government of Dubai, and all other entities as approved by the Supreme Fiscal Committee (SFC) as described in the PPP Law No. 22 of 2015.

Government entities will be the drivers of PPP Projects, and will have the control and oversight over the development, operations, and the performance of PPP Projects.

Role:

Contracting directly with the private sector;

Entirely responsible for PPP Project Screening, preparing projects as PPPs, carrying out the procurement process, and signing and managing the PPP contract;

Seeking the relevant approvals from the Department of Finance, the Supreme Fiscal Committee, and any other government agency as required at each stage of the PPP Project, as detailed in the PPP Guidelines; and,

Closely monitoring the post-award performance of the project and report frequently on adherence to Timelines, budgets and other objectives to the Department of Finance. The frequency of reporting will be quarterly by default, but can be changed as mutually agreed between DoF and the government entities.

Resourcing:

Establishing a Partnership Committee that will be responsible for developing the PPP Project pipeline for the Contracting Authority and participating in the PPP Project Lifecycle;

Appointing external financial, legal and technical Transaction Advisors, who will assist with the development of the business case and advise the Contracting Authority during the PPP Project procurement process; and,

Setting up a well-qualified internal Project Team, ideally within the investment team for each PPP Project, which should have the relevant experience in the development and execution of PPP Projects in the relevant sector.

Department of Finance

Role:

Financial regulator, an assurer, and the parent agency of the PPP Unit, that is responsible for the following:

Policy Driver:

• Assessing whether government expenditure on PPPs is fiscally responsible and within short, medium, and long-term budget goals of Dubai;

• Drafting PPP progress reports, monitoring adherence to performance KPIs, and developing and publishing a pipeline of PPP Projects;

• Formulating the objectives and the relevant PPP policies for governmental entities; and,

• Developing and distributing guidelines and toolkits to the Contracting Authorities to enable standardised processes. The guidelines and toolkits will outline the processes to be followed, the documents to be developed, and the approvals to be sought during the lifecycle of a typical PPP Project, from Screening for PPPs to handover of the project.

Assistance: Supporting the relevant Contracting Authority's Partnership Committee and Project Team during the project preparation, procurement process, reviewing contractual documents, assisting with evaluation, and participating in negotiations;

Approval: Providing Final Approval of the business case for projects with total governmental commitment between AED 200 million and AED 500 million, as defined in the PPP Law No. 22 2015, which will detail the PPP structure, total budget allocation, contingent liabilities, and the PPP procurement plan;

Assurance:

• Supporting Contracting Authorities on the commercial and legal aspects of PPP Projects, such as preparing and reviewing draft contractual documents, ensuring alignment with published templates, and reviewing contractual mark-ups; and,

• DoF will review the business case for projects with total government commitment exceeding AED 500 million, as defined in the PPP Law No. 22 2015, which will detail the PPP structure, total budget allocation, contingent liabilities, and the PPP procurement plan. DoF will recommend the business case's for approval to the Supreme Fiscal Committee based on economic and strategic criteria.

Recommending for Final Approval the identity of the Preferred Bidder to the Supreme Fiscal Committee; and,

Recommending for approval the signing of the final PPP agreement to the Supreme Fiscal Committee.

Supreme Fiscal Committee

Role:

With overall responsibility for overseeing fiscal policy, the Supreme Fiscal Committee will function as the final approver at key stages of the project:

• Responsible for monitoring the overall effectiveness, exposure, and compliance with the PPP framework and Law;

• Providing Final Approval of the business case for projects with total government commitment exceeding AED 500 million as defined in the PPP Law No. 22 2015, which will detail the PPP structure, total budget allocation, contingent liabilities, and the PPP procurement plan. The business cases shall be referred to the Committee after review by the Department of Finance;

• Providing approval of the identity of the Preferred Bidder prior to commencement of contractual negotiations, following the receipt of a recommendation from the Department of Finance; and,

• Providing approval of all PPP contracts and of the final Bid from the Preferred Bidder prior to award, following the receipt of a recommendation from the Department of Finance.