This content is exclusively provided by FAO / FAOLEX

Decree No.78 of 2015 issuing the Executive Regulations of Law No.116 of 2014 regarding Public Private Partnerships.

Country
Type of law
Regulation
Source

Abstract
This Regulation consists of 76 articles. It establishes that the procurement and implementation of a PPP Project may be submitted by (i) Public Entities; (ii) the Higher Committee; and (iii) the private sector. The Authority shall establish a Competition Committee for each PPP Project with the following tasks: review, complete and prepare project related studies, instruments and procurement documents; evaluate the technical and financial offers; and supervise the public session set for opening the financial envelopes of the technically accepted offers. A proposed project must be accompanied by a feasibility study, whose criteria are set out in art.7, which is developed in two phases (1) an initial feasibility study containing a preliminary analysis of the comprehensive feasibility study components; and (2) a comprehensive feasibility study that particularly determines the technical and operational aspects of the Concept for the implementation of a project, as well as its economic aspect.
General terms for procurement of PPP project are the expression of interest and invitation for qualification for the project in the Official Gazette. The proceedings undertaken by the Authority to determine the capabilities of potential investors to implement a PPP Project are a Pre-qualification and a Post-qualification process based on the recommendation of the Authority and in accordance with the nature of the project. The Decree also regulates the Grievance Committee, established in accordance with Art.32 of the Law for the review of complaints and grievances submitted by concerned persons against decisions or proceedings. The committee shall have a secretary in charge of receiving complaints and grievances.
The project shall conform to all the technical, legal and environmental requirements and shall be economically viable.
Date of text
Entry into force notes
This Regulation enters into force on the date of its publication in the Official Gazette.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
مرسوم رقم 78 لسنة 2015 بإصدار اللائحة التنفيذية للقانون رقم 116 لسنة 2014 بشأن الشراكة بين القطاعين العام والخاص