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Public Private Partnership Regulations, No. 353 of 2018

Country/Territory
Namibia
Document type
Regulation
Date
2018
Source
FAO, FAOLEX
Subject
Agricultural & rural development
Keyword
Agricultural development Institution Public private partnership (PPP) Business/industry/corporations Contract/agreement Dispute settlement
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

These Regulations are made in accordance with Section 40(1) of the Public Private Partnership Act, No. 4 of 2017. The Regulations provide that the Public Private Partnership (PPP) Committee shall be making reports to the Minister at the end of each quarter with regards to; particulars of all activities of the Committee during the quarter under review or any other information required by the Minister. The conduct of PPP project initiations are also regulated, with provisions requiring unsolicited proposals by public entities to be considered in line with the mandates of the public entity, the appointment of project officers and transaction advisors, among others. The Regulations provide that the feasibility assessment of PPP projects shall include; (a) market assessment to assess the need for and appropriate scope of the project, containing a needs analysis, options analysis and demand forecast; (b) technical feasibility and technical parameters based on the market analysis including specifications of required facilities and detailed project costing; (c) legal analysis to assess the impact of the applicable laws; (d) preliminary social and environmental feasibility, including the requirements for environmental and social impact assessments and for the associated mitigations; (e) project structuring in terms of the recommended public private partnership mode; (f) financial analysis incorporating a projected revenue structure, financial viability and affordability of the public private partnership project for the public entity and the end users and assessing any need for financial support from the public sector through the government budget or otherwise, among others. PPP project procurement is regulated and items like the development of the procurement plan, constitution of the procurement committee, form of communication in procurement documents, among others, are extensively provided for. The Regulations also provides for the conduct of bidding and the making of tenders with regards to PPP projects.

Full text
English
Website
www.lac.org.na

References - Legislation

Implements

Public Private Partnership Act (No. 4 of 2017).

Legislation | Namibia | 2017

Keyword: Agricultural development, Institution, Public private partnership (PPP), Business/industry/corporations, Contract/agreement, Dispute settlement

Source: FAO, FAOLEX