Public Private Partnership Act, 2020 Act 1039

PUBLIC PRIVATE PARTNERSHIP ACT, 2020 (ACT 1039)
ARRANGEMENT OF SECTIONS
Section
Preliminary Provisions
1. Objects of the Act
2. Application
Obligations of Contracting Authorities
3. Compliance
4. Safeguards
5. Risk allocation
6. Affordability and sustainability
7. Fairness and transparency
8. Stakeholder consultation by contracting authority
9. Application of procurement procedures
10. Local content and technology transfer
11. Value for money
Institutional Arrangements for Public Private Partnerships
12. Parliament
13. Cabinet
14. Sector Ministries
15. Office of the Regional Coordinating Council
16. General Assembly of District Assembly
17. Controller and Accountant-General's Department
18. Audit Service
19. Public Private Partnership Committee
20. Functions of the Public Private Partnership Committee
21. Composition of the Public Private Partnership Committee
22. Meetings of the Public Private Partnership Committee
23. Disclosure of interest
24. Allowances
1

ition of the Public Private Partnership Committee
22. Meetings of the Public Private Partnership Committee
23. Disclosure of interest
24. Allowances
1

25. Ministerial responsibility
26. Public Private Partnership Office
27. Functions of the Office
28. Fiscal Commitment Technical Committee
29. Composition of the Fiscal Commitment Technical Committee
30. Functions of the Fiscal Commitment Technical Committee
31. Contracting authority
32. Public Investment Unit
33. Functions of a Public Investment Unit
34. Stages of public private partnership process
35. Transaction Advisor
Public Private Partnership Project Preparation Stage
36. Project Concept Note and pre-feasibility study report
37. Feasibility study
Public Private Partnership Procurement Stage
38. Public private partnership solicitation process
39. Request for qualification
40. Qualification of private party
41. Prequalification proceedings
42. Prequalification bidders' conference
43. Evaluation and decision on prequalification
44. Request for proposals
45. Margin of preference for domestic business
46. Response to bidders and bidders' conference
47. Submission and opening of bids
48. Evaluation of bids
49. Negotiations
50. Cancellation of tender
51. Procurement of public private partnership project through Ghana Infrastructure Investment
Fund
52.

ids
49. Negotiations
50. Cancellation of tender
51. Procurement of public private partnership project through Ghana Infrastructure Investment
Fund
52.

Approval of partnership projects
2

Approval of partnership projects
2

53. Approval of partnership project by local government authority Unsolicited Proposals and
Related Matters
54. Unsolicited proposal
55. Requirements for unsolicited proposals Contract and Post Contract Award Management
56. Public private partnership arrangements
57. Form of partnership agreement
58. Scope of partnership agreement
59. Contract execution
60. Contract management
61. Amendment to contract
62. Governing law of public private partnership agreement
63. Ownership of assets
64. Acquisition of rights related to project site
65. Easements
66. Payment of compensation
Complaints and Settlement of Disputes
67. Complaints Panel for bidding process
68. Complaint procedure for bidding process
69. Suspension of bidding process by Complaints Panel
70. Decision of Complaints Panel
71. Complaints on services
72. Dispute between a contracting authority and private party
Special Purpose Entity, Information and Equity Participation
73. Special purpose entity
74. Record keeping
75. Access to information
76. Request for information
Government Support Mechanisms
77. Project Development Facility
78. Sources of moneys for the Project Development Facility
79.

Request for information
Government Support Mechanisms
77. Project Development Facility
78. Sources of moneys for the Project Development Facility
79.

Management and use of moneys of Project Development Facility
3

80. Viability Gap Facility
81. Sources of moneys for the Viability Gap Facility
82. Management and use of moneys of Viability Gap Facility
Miscellaneous
83. Reports and plans of public authorities
84. Annual report by Minister
85. Offences and penalties
86. Regulations
87. Guidelines
88. Interpretation
89. Savings and transitional provisions
90. Consequential amendments
SCHEDULES
FIRST SCHEDULE
Thresholds for Approval Authorities
SECOND SCHEDULE
Public Private Partnership Arrangements
THIRD SCHEDULE
Minimum Contractual Obligations Required to be Specified in Project Agreement
4

SECOND SCHEDULE
Public Private Partnership Arrangements
THIRD SCHEDULE
Minimum Contractual Obligations Required to be Specified in Project Agreement
4

ACT 1039
REPUBLIC OF GHANA
THE ONE THOUSAND AND THIRTY-NINETH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
PUBLIC PRIVATE PARTNERSHIP ACT, 2020
AN ACT to provide for the development, implementation and regulation of public private
partnership arrangements between contracting, authorities and private parties for the provision
of infrastructure and services, to establish institutional arrangements for the regulation of public
private partnerships, and to provide for related matters. DATE OF ASSENT: 29th December, 2020. PASSED by Parliament and assented to by the President
Preliminary Provisions
Section 1—Objects of the Act
(1) The objects of this Act are to
(a) regulate public private partnership arrangements; and
(b) promote the use of private sector resources for the provision of infrastructure and services
through public private partnerships.

rrangements; and
(b) promote the use of private sector resources for the provision of infrastructure and services
through public private partnerships.

(2) For the purpose of subsection (1), the objects shall encompass the
(a) creation of an environment and framework to enable private parties to participate in
partnership project and offer value for money to the public sector and users of the partnership
projects;
(b) delivery of efficient infrastructure and services With assured quality;
(c) establishment of efficient institutional arrangements for The identification, structuring,
procurement, implementation and monitoring of partnership projects;
5

ent of efficient institutional arrangements for The identification, structuring,
procurement, implementation and monitoring of partnership projects;
5

(d) leverage of public assets to encourage private sector investment in the provision of
infrastructure and services;
(e) protection of the interests of public and private sector stakeholders and end users;
(f) establishment of a framework for optimal risk sharing in partnership projects;
(g) promotion of local participation in partnership projects;
(h) establishment of a regulatory framework for contracting authorities for the purpose of
partnership arrangements; and
(i) establishment of a framework for the management of financial commitments in respect of
partnership arrangements. Section 2—Application
(1) This Act applies to
(a) all contracting authorities;
(b) public sector projects undertaken in the form of partnership arrangements between a
contracting authority and a private party;
(c) functions that relate to the identification, studies, document preparation, structuring,
bidding, evaluation, award, implementation and monitoring of partnership arrangements;and
(d) commercial arrangements carried out through partnership arrangements In respect of
contracting authorities including the security services.

ts;and
(d) commercial arrangements carried out through partnership arrangements In respect of
contracting authorities including the security services.

(2) This Act does not apply to
(a) the outsourcing of government services without the transfer of financial and operational
risks to a private party;
(b) the grant of a mineral right under the Minerals and Mining Act, 2006 (Act 703) or any other
applicable enactment on mining;
(c) the grant of any right for exploration, development or production under the Petroleum
(Exploration and Production) Act, 2016 (Act 919) and any other relevant enactment;
(d) the divestment of ownership or equity of a state-owned enterprise;
(e) the procurement of goods, works and services primarily with the use of public funds by any
contracting authority under the Public Procurement Act, 2003 (Act 663), except as otherwise
provided under this Act; and
(f) non-commercial activities that are the exclusive preserve of the security services. Obligations of Contracting Authorities
Section 3—Compliance
A contracting authority shall ensure that persons assigned responsibility under this Act
(a) keep records of decisions, and
6

ies
Section 3—Compliance
A contracting authority shall ensure that persons assigned responsibility under this Act
(a) keep records of decisions, and
6

(b) account for decisions made. Section 4—Safeguards
(1) A contracting authority shall ensure that the partnership arrangements of that contracting
authority contain measures designed to safeguard the interest of the general public, interested
persons and employees affected by the project. (2) A contracting authority shall ensure that public private partnership activities conform to the
environmental laws of the country and the highest standards of environmental, climate and
social safeguards. Section 5— Risk allocation
A contracting authority shall ensure that
(a) risks associated with a partnership arrangement are in the first instance allocated to the party
best able to control and manage the risk in order to minimise the overall project risk; and
(b) the documents that set out the partnership arrangement show the allocation of risks to the
party best able to Control and manage the risks.

k; and
(b) the documents that set out the partnership arrangement show the allocation of risks to the
party best able to Control and manage the risks.

Section 6—Affordability and sustainability,
(1) In accordance with subsection (5) of section 33 of the Public Financial Management Act,
2016 (Act 921), a contracting authority shall conduct a feasibility study of a potential
partnership project to determine
(a) the capital and operational costs of the partnership project based on efficiency and economy
m project operations;
(b) long-term affordability for the end users; ,
(c) sustainability of the budgetary commitments of the Government;
(d) the appropriate returns on private sector investment; and
(e) other factors that the contracting authority may consider necessary,
(2) To ensure affordability and sustainability of the budgetary commitments of the
Government, the Minister shall
(a) conduct a review of the overall exposure of contracting authorities to partnership projects
on an annual basis;
(b) advise Cabinet on steps required to be taken to mitigate any adverse potential impact that a
partnership project may have on the finances of the State; and
(c) report to Parliament in accordance with section 21 of the Public Financial Management Act,
2016 (Act 921),
Section 7—Fairness and transparency
(1) The procurement process relating to a partnership project shall be fair, transparent and
competitive.

ct 921),
Section 7—Fairness and transparency
(1) The procurement process relating to a partnership project shall be fair, transparent and
competitive.

7

7

(2) Without limiting subsection (1), the procurement of a partnership project shall be based on
the following factors:
(a) a well-defined bidding process as required under this Act;
(b) clear instructions to bidders and interested persons to Prevent manipulation or abuse of the
process; and
(c) the requirements of the bidding documents under this Act. (3) Except as otherwise provided in this Act, the procurement methods for partnership projects
shall be based on a competitive selection criteria. (4) Each qualified and short-listed bidder who complies with the bidding process provided
under this Act has a right to equal opportunity and access to information. (5) Subject to this Act and any other applicable enactment, each aspect of the partnership
process shall be accessible to the public. (6) A contracting authority or public official shall consider an unsolicited proposal only if that
proposal meets the requirements of this Act. (7) A contracting authority shall state the reasons in support of the decision of that contracting
authority or public official in respect of an unsolicited proposal.

g authority shall state the reasons in support of the decision of that contracting
authority or public official in respect of an unsolicited proposal.

Section 8—Stakeholder consultation by contracting authority
A contracting authority shall ensure that adequate stakeholder consultation is carried out at
each stage of the public private partnership process in respect of each partnership arrangement
that the contracting authority engages in. Section 9—Application of procurement procedures
Despite a provision to the contrary contained in any other enactment the procurement procedure
for all partnership arrangements shall be consistent with this Act, the Regulations and
Guidelines. Section 10—Local content and technology transfer
A contracting authority shall ensure that public private partnership projects are structured to
facilitate
(a) the use of local content;
(b) technology transfer; and
(c) the promotion of local industries and the private sector. Section 11—Value for money
(1) A contracting authority that seeks to pursue a public private partnership arrangement shall
ensure that a net benefit accrues to the contracting authority in terms of cost, price, government
support m the form of viability gap funding and tax exemptions, quality, timeliness and risk
transfer as compared to the public sector comparator. 8

t
support m the form of viability gap funding and tax exemptions, quality, timeliness and risk
transfer as compared to the public sector comparator. 8

(2) For the purpose of subsection (1), a contracting authority shall conduct a qualitative and
quantitative value for money assessment as part of the feasibility study for the partnership
project to guide decision making. (3) the contracting authority shall, at each stage of the public private partnership process,
conduct assessment to determine value for money and demonstrate that there is greater value
for money than the best realistic public sector project designed to achieve similar service
outputs. Section 12—Parliament
Parliament shall be the final approval authority for a public private partnership project that
requires the approval of Parliament in accordance with
(a) articles 174 and 181 of the Constitution;
(b) section 33 of the Public Financial Management Act, 2016 (Act 921); and
(c) the First Schedule,
Section 13—Cabinet
A contracting authority shall submit public private partnership projects
(a) requiring compliance with articles 174 and 181 of the Constitution, and
(b) with threshold requiring approval by Cabinet as specified in the First Schedule, to Cabinet
for prior approval.

4 and 181 of the Constitution, and
(b) with threshold requiring approval by Cabinet as specified in the First Schedule, to Cabinet
for prior approval.

Section 14—Sector Ministries
The Public Investment Unit of the respective Sector Ministries shall be the appraising authority
for partnership projects of Departments, Agencies, public corporations and state-owned
enterprises. Section 15—Office of the Regional Coordinating Council
The respective Regional Planning Coordinating Unit of the Regional Coordinating Council
shall be the appraising authority for the local government authorities within their jurisdiction. Section 16—General Assembly of District Assembly
The General Assembly of a District Assembly, through a formal session as provided for in the
standing orders of the Assembly shall be the approving authority for public private partnership
projects in accordance with the First Schedule. Section 17—Controller and Accountant-General's Department
The Controller and Accountant-General shall
(a) ensure that transactions related to public private partnership projects are covered in the
national accounts; and
(b) apply International Public Sector Accounting Standards relating to public private
partnership arrangements and projects. 9

national accounts; and
(b) apply International Public Sector Accounting Standards relating to public private
partnership arrangements and projects. 9

Section 18—Audit Service
(1) The Auditor-General shall
(a) in carrying out audit functions specified in the Public Financial Management Act, 2016 (Act
921), annually carry out a compliance audit to ascertain compliance of a contracting authority
to the provisions of this Act, the Regulations and Guidelines; and
(b) audit
(i) the Project Development Facility;
(ii) the Viability Gap Facility; and
(iii) any other government support, as part of the annual audit of the Ministry. (2) The special purpose entity shall submit to the Office and the Auditor-General copies of the
(a) annual audited accounts, and
(b) financial statements,
to be published on the website of the Ministry as part of disclosure arrangements in respect of
the public private partnership. Section 19—Public Private Partnership Committee
There is established by this Act, a Public Private Partnership Committee for the purpose of
considering requests of contracting authorities to undertake public private partnership projects.

lic Private Partnership Committee for the purpose of
considering requests of contracting authorities to undertake public private partnership projects.

Section 20—Functions of the Public Private Partnership Committee
The Public Private Partnership Committee shall
(a) approve public private partnerships subject to this Act and the Regulations;
(b) examine and grant approval for the feasibility study conducted by a contracting authority
under this Act;
(c) consider and grant approval for the Bid Evaluation Report submitted by a contracting
authority under this Act;
(d) consider the report on negotiation and the corresponding public private partnership project;
(e) consider the concession agreement for approval or recommendation to Cabinet and
Parliament for approval in accordance with sections 12 and 13 and the First Schedule;
(f) determine matters concerning the cancellation of a tender;
(g) review the legal, institutional and regulatory framework of public private partnerships;
(h) recommend for approval, financial support and any other form of support granted by the
Government in the implementation of projects under this Act;
(i) ensure fiscal accountability in the management of financial and any other form of
Government support for public private partnerships;
10

this Act;
(i) ensure fiscal accountability in the management of financial and any other form of
Government support for public private partnerships;
10

(j) grant exemptions from applications of any specified procedures in respect of small projects
in accordance with this Act;
(k) consider requests relating to unsolicited proposals; and
(l) perform any other function as may be conferred on the Committee under this Act or any
other legislation.

ts relating to unsolicited proposals; and
(l) perform any other function as may be conferred on the Committee under this Act or any
other legislation.

Section 21—Composition of the Public Private Partnership Committee
(1) The Public Private Partnership Committee consists of
(a) the Minister as the chairperson;
(b) the Attorney-General and Minister responsible for Justice;
(c) the Minister responsible for Trade and Industry;
(d) the Director-General of the National Development Planning Commission;
(e) the Chief Executive Officer of the Ghana Investment Promotion Centre;
(f) the Chief Executive Officer of the Public Procurement Authority;
(g) the Executive Director of the Environmental Protection Agency;
(h) the Executive Secretary of the Lands Commission;
(i) one representative of the Chartered Institute of Bankers nominated by the Chartered Institute
of Bankers;
(j) one representative of the Ghana Institution of Engineers nominated by the Ghana Institution
of Engineers; and
(k) two persons nominated by the President at least one of whom is a woman and the other
person with experience in investment banking and project finance. (2) The members of the Committee shall be appointed by the President. (3) The Chief Director of the Ministry is the secretary to the Public Private Partnership
Committee.

he Committee shall be appointed by the President. (3) The Chief Director of the Ministry is the secretary to the Public Private Partnership
Committee.

(4) The Executive Committee of a local government authority shall be considered to be the
Public Private Partnership Committee of the local government authority. (5) The Committee may establish sub-committees as the Committee may consider necessary
for the effective performance of the functions of the Committee. Section 22—Meetings of the Public Private Partnership Committee
(1) The Committee shall meet at least once every two months for the conduct of business at a
time and place determined by the chairperson. (2) An Executive Committee of a local government authority shall meet as and when necessary
to deliberate on a public private partnership project. 11

(2) An Executive Committee of a local government authority shall meet as and when necessary
to deliberate on a public private partnership project. 11

(3) The chairperson shall, at the request in writing of not less than four members of the
Committee, convene an extraordinary meeting of the Committee at a time and place determined
by the chairperson. (4) The quorum at a meeting of the Committee is five members of the Committee. (5) The Committee may co-opt a person to attend a meeting of the Committee but that person
shall not vote on a matter for decision at the meeting. (6) The chairperson shall preside at meetings of the Committee and in the absence of the
chairperson, a member of the Committee elected by the members present from among their
number shall preside. (7) Matters before the Committee shall be decided by a majority of the members present and
voting and in the event of an equality of votes, the person presiding shall have a casting vote. (8) Subject to the provisions of this Act, the Minister shall issue guidelines on the procedure
for meetings and the keeping of records of the meetings of the Committee. (9) For purposes of a public private partnership arrangement, the provisions of this section,
other than subsection (4), apply to an Executive Committee of a local government authority.

e partnership arrangement, the provisions of this section,
other than subsection (4), apply to an Executive Committee of a local government authority.

(10) In the case of a local government authority, the quorum shall be half of the membership
of the committee. Section 23—Disclosure of interest
(1) A member of the Committee who has an interest in a matter for consideration
(a) shall disclose in writing the nature of the interest and the disclosure shall form part of the
record of the consideration of the matter; and
(b) is disqualified from being present at, or participating in the deliberations or determination
of the Committee in respect of that matter. (2) A member ceases to be a member of the Committee if that member has an interest in a
matter before the Committee and
(a) fails to disclose that interest; or
(b) is present at or participates in the deliberations of the Committee in respect of the matter. Section 24—Allowances
Members of the Committee and sub-committees, members of the Fiscal Commitment
Technical Committee and the Complaints Panel shall be paid allowances approved by the
Minister.

e and sub-committees, members of the Fiscal Commitment
Technical Committee and the Complaints Panel shall be paid allowances approved by the
Minister.

Section 25—Ministerial responsibility
(1) The Minister may give policy directives that are consistent with the objects of this Act to
the Committee and contracting authorities and the Committee and the contracting authorities
shall comply. 12

onsistent with the objects of this Act to
the Committee and contracting authorities and the Committee and the contracting authorities
shall comply. 12

(2) The Minister shall, with the assistance of the Office the Public Private Partnership
Committee and other relevant contracting authorities,
(a) develop a plan that specifies the priorities relating to the development and implementation
of partnership projects over a period of five years; and
(b) review annually the plan referred to in paragraph (a). (3) The plan referred to in paragraph (a) of subsection (2) shall be consistent with
(a) the Public Investment Plan;
(b) the Medium Term Fiscal Framework; and
(c) the National Infrastructure Plan pursuant to the Public Financial Management Regulations,
2019 (L.I. 2378). (4) The Minister shall with the assistance of the Office and Public Private Partnership
Committee
(a) issue the Seal of Quality approving the feasibility study of the public private partnership
project to qualify the project to be
(i) part of the portfolio of projects; and
(ii) considered as part of the Public Investment Plan;
(b) countersign all partnership agreements that require government support; and
(c) sign all government support agreements to make them effective after the relevant approvals.

ership agreements that require government support; and
(c) sign all government support agreements to make them effective after the relevant approvals.

Section 26—Public Private Partnership Office
(1) There shall be an office responsible for Public Private Partnerships, within the Division
responsible for public investments and assets in the Ministry. (2) The Office shall be under the supervision of the Chief Director of the Ministry in accordance
with the Civil Service Act, 1993 (P.N.D.C. L. 327). Section 27—Functions of the Office
(1) The Office shall promote efficiency and effectiveness in the development and
implementation of partnership arrangements and ensure compliance with this Act. (2) Without limiting subsection (1), the Office shall
(a) serve as the secretariat to
(i) the Public Private Partnership Committee; and
(ii) the Fiscal Commitment Technical Committee;
(b) coordinate and oversee the partnership processes and procedures established under this Act;
(c) provide technical support and guidance to contracting authorities in the structuring,
procurement, implementation and evaluation of partnership projects;
(d) promote investment in partnership projects;
13

authorities in the structuring,
procurement, implementation and evaluation of partnership projects;
(d) promote investment in partnership projects;
13

(e) review the reports and proposals referred to the Office in pursuance of the provisions of this
Act;
(f) recommend the granting of approvals required under this Act',
(g) generate and disseminate information in respect of standardised bidding documents,
partnership agreements and manuals for public private partnerships;
(h) explore and develop innovative mechanisms for financing investment in infrastructure and
services;
(i) oversee the monitoring and evaluation of public private partnerships from commencement
to post completion stage;
(j) recognise and promote best practice in partnership arrangements;
(k) guide and support contracting authorities in the selection of experts or transaction advisors;
(I) maintain a register of potential partnership projects proposed by contracting authorities;
(m) undertake capacity building programmes for contracting authorities and relevant
stakeholders;
(n) promote awareness of public private partnerships in the country generally;
(o) collate and analyse information including data on contingent liabilities and budgetary Issues
related to public private partnerships;
(p) manage financial and any other form of Government support including the Project
Development Facility and Viability Gap Facility; and
(q) perform any other functions that the Minister may assign to the Office under this Act.

roject
Development Facility and Viability Gap Facility; and
(q) perform any other functions that the Minister may assign to the Office under this Act.

Section 28—Fiscal Commitment Technical Committee
There is established by this Act, a Fiscal Commitment Technical Committee. Section 29—Composition of the Fiscal Commitment Technical Committee
(1) The Fiscal Commitment Technical Committee consists of
(a) the Chief Director of the Ministry as chairperson;
(b) the Director responsible for the Public Debt Management Office of the Ministry;
(c) the Director responsible for the Budget Office of the Ministry;
(d) the Director responsible for Economic Strategy and Research of the Ministry; and
(e) the Director responsible for Public Investment and Assets. (2) The head of the Office shall be the secretary to the Fiscal Commitment Technical
Committee. Section 30—Functions of the Fiscal Commitment Technical Committee
(1) The Fiscal Commitment Technical Committee shall, through the Office, serve as a technical
advisory committee to the Public Private Partnership Committee. 14

scal Commitment Technical Committee shall, through the Office, serve as a technical
advisory committee to the Public Private Partnership Committee. 14

(2) Without limiting subsection (1), the Fiscal Commitment Technical Committee shall
(a) identify, assess, monitor and report to the Public Private Partnership Committee on all fiscal
commitments and contingent liabilities associated with public private partnerships projects as
well as the implications of the project with respect to the Viability Gap Facility;
(b) consider affordability of fiscal commitment in the light of the budget and liability
management; and
(c) make recommendations to the Public Private Partnership Committee based on the
assessment of fiscal risk. Section 31—Contracting authority
(1) The Principal Spending Officer of a contracting authority shall, in preparing the
(a) Medium Term National Development Plan,
(b) Public Investment Plan, and
(c) Budget of the contracting authority in respect if infrastructure and services, include
partnership projects and partnership arrangements in furtherance of the objects of this Act. (2) A contracting authority shall, subject to obtaining the relevant approvals, have the primary
responsibility for the management of each phase of a partnership project.

thority shall, subject to obtaining the relevant approvals, have the primary
responsibility for the management of each phase of a partnership project.

(3) A contracting authority may, where necessary, engage the services of
(a) an expert,
(b) a consultant, or
(c) a transaction advisor, for a specified period to guide or assist that contracting authority in
the diagnostic studies and management of the procurement phase of a public private partnership
project. (4) Despite the engagement of an expert or consultant by a contracting authority, the
contracting authority is responsible for the I decisions the contracting authority makes whether
or not the decisions are based on the advice of the expert or consultant. (5) A contracting authority shall ensure that the requisite approvals specified in the First
Schedule are obtained. Section 32—Public Investment Unit
(1) The Public Investment Unit set up under the Public Financial Management (public
Investment Management) Regulations 2020 (L.I. 2411) shall be the focal unit for Public Private
Partnership Projects for the contracting authority. (2) In the case of local government authorities, the Metropolitan, Municipal and District
Planning Coordinating Units shall be the focal unit for public private partnership projects.

ent authorities, the Metropolitan, Municipal and District
Planning Coordinating Units shall be the focal unit for public private partnership projects.

(3) The Public Investment Unit shall consist of the technical, financial, economic, legal,
procurement and environmental and social safeguards personnel that the contracting authority
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consist of the technical, financial, economic, legal,
procurement and environmental and social safeguards personnel that the contracting authority
15

considers necessary for the performance of a Public Investment Unit in relation to a partnership
project under this Act. Section 33—Functions of a Public Investment Unit
(1) A Public Investment Unit shall, on behalf of the contracting authority
(a) prepare and appraise a project in accordance with this Act and the Regulations issued by
the Minister to ensure technical, legal, environmental, social, economic and financial viability;
(b) ensure that the parties involved in a public private partnership project comply with the
provisions of this Act;
(c) undertake the tendering process in accordance with this Act",
(d) oversee the management of a public private partnership project in accordance with the
project agreement entered into by the contracting authority;
(e) monitor public private partnership projects and submit to the Office, annual or any other
periodic reports on project agreements entered into by the contracting authority;
(f) maintain a record of all documentation and agreements entered into by the contracting
authority relating to a project; and
(g) perform any other functions as may be assigned to the Public Investment Unit by the
contracting authority.

ng
authority relating to a project; and
(g) perform any other functions as may be assigned to the Public Investment Unit by the
contracting authority.

(2) In performing the functions under subsection (1), a Public Investment Unit shall report to
the Office through the contracting authority and shall
(a) implement the recommendations of the Office; and
(b) submit relevant information that may be required by the Office. (3) In the case of a local government authority, the Public Investment Unit shall report to the
Office through the contracting authority, Regional Coordinating Council and Ministry of Local
Government and Rural Development on all matters related to partnership projects. Public Private Partnership Process
Section 34—Stages of public private partnership process
(1) A contracting authority which seeks to undertake a public private partnership project shall
comply with the public private partnership process specified in subsection (2). (2) The public private partnership process comprises the following stages:
(a) the project preparation stage;
(b) the procurement stage; and
(e) the contract and post-contract award management stage. Section 35—Transaction advisor
(1) Where a contracting authority lacks the technical capacity for the preparation of public
private partnership projects including
16

saction advisor
(1) Where a contracting authority lacks the technical capacity for the preparation of public
private partnership projects including
16

(a) pre-feasibility and feasibility study reports, and
(b) related transaction advisory services such as procurement of a private party the contracting
authority may procure the services of a transaction advisor in accordance with the Public
Procurement Act, 2003 (Act 663). (2) A transaction advisor shall
(a) conduct the pre-feasibility, feasibility or any other related study;
(b) prepare a report on the study; and
(c) submit to the contracting authority, all documents related to the assignment and the project
financial and economic model.

eport on the study; and
(c) submit to the contracting authority, all documents related to the assignment and the project
financial and economic model.

(3) A transaction advisor shall not
(a) participate in the implementation of the public private partnership project for which the
services were procured; and
(b) provide transaction advisory services to any bidder in the process of bidding towards
participating in the implementation of the public private partnership project in which that
transaction advisor has previously provided advisory services
Public Private Partnership Project Preparation Stage
Section 36—Project Concept Note and pre-feasibility study report
(1) Where a contracting authority intends to undertake private partnership project, the
contracting authority shall prepare and submit to the Office prepare and
(a) a Project Concept Note; and
(b) Pre-feasibility Study Report. (2) The preparation, appraisal and submission of the Project Concept Note and Pre-feasibility
Study Report of a partnership project shall be in accordance with the Public Financial
Management (public Investment Management) Regulations, 2020 (L.I. 2411).

ort of a partnership project shall be in accordance with the Public Financial
Management (public Investment Management) Regulations, 2020 (L.I. 2411).

Section 37—Feasibility study
(1) Upon acceptance of the Pre-feasibility Study Report by the contracting authority, the
appraising authority and the Office, that the project qualifies to be undertaken as a partnership
project, the contracting authority shall proceed to undertake a feasibility study of the
partnership project to determine
(a) the technical requirements of the project;
(b) the legal requirements to be met by both parties to the project;
(c) the social, economic, and environmental impact of the project;
(d) the appropriate transfer of risks to the party best able to control and manage the risks;
(e) any contingent liabilities;
17

mpact of the project;
(d) the appropriate transfer of risks to the party best able to control and manage the risks;
(e) any contingent liabilities;
17

(f) options of public private partnerships including the most appropriate type of public private
partnership structure;
(g) the financial viability of the project;
(h) the fiscal affordability and the end user affordability; and
(i) value for money for the contracting authority and government as a whole. (2) The contracting authority shall ensure that at each stage of the project preparation phase,
adequate stakeholder consultations are undertaken to solicit a buy-in of the project. (3) A contracting authority shall, where necessary, appoint a transaction advisor in accordance
with subsection (3) of section 31 to undertake a feasibility study. (4) In undertaking a pre-feasibility study and feasibility study, the contracting authority and the
transaction advisor shall, pursuant to the Public Financial Management (Public Investment
Management) Regulations, 2020 (L.1. 2411), ensure that only established parameters and
conversion factors developed, administered and published on the website of the Ministry are
applied.

411), ensure that only established parameters and
conversion factors developed, administered and published on the website of the Ministry are
applied.

(5) The Public Investment Unit of the contracting authority shall review the Feasibility Study
Report and submit the Feasibility Study Report with recommendations to the appraising
authority through the Principal Spending Officer. (6) The appraising authority shall upon appraising the partnership project, submit the
Feasibility Study Report and recommendation, to the Office for
(a) the consideration of the Committee for approval; and
(b) issuance of the Seal of Quality by the Minister. (7) The Feasibility Study Report from a public corporation or state-owned enterprise on a
partnership project, shall require the approval of the governing body of the public corporation
or state-owned enterprise and the Sector Ministry before submission to the Office through the
State Interests and Governance Authority. (8) In the case of a local government authority, the feasibility study shall require the approval
of the Executive Committee of the District Assembly before submission to the Office through
the Office of the Regional Coordinating Council after the appraisal by the Regional Planning
Coordinating Unit.

efore submission to the Office through
the Office of the Regional Coordinating Council after the appraisal by the Regional Planning
Coordinating Unit.

(9) The Executive Committee shall communicate the decision of the Executive Committee to
the General Assembly and the Ministry responsible for Local Government and Rural
Development through the Regional Coordinating Council. (10) In considering a Feasibility Study Report for a partnership project under this Act, the
Committee shall take into account
(a) the Feasibility Study Report and the Appraisal Report; and
(b) the memorandum on the partnership project submitted by the Office including
recommendations of the Fiscal Commitment Technical Committee. 18

; and
(b) the memorandum on the partnership project submitted by the Office including
recommendations of the Fiscal Commitment Technical Committee. 18

(11) A contracting authority shall commence the procurement process for a private party only
after
(a) the Feasibility Study Report and the Appraisal Report have been approved by the
Committee; and
(b) the Seal of Quality by the Minister has been granted. Public Private Partnership Procurement Stage
Section 38—Public private partnerships solicitation process
(1) The procurement process for public private Partnerships shall be
(a) open, competitive, transparent, cost effective, equitable fair: and
(b) conducted in accordance with this Act. (2) Prior to the initiation of the procurement process, the contracting authority shall
(a) undertake adequate and comprehensive stakeholder consultations to ensure a buy-in of the
project;
(b) ensure the promotion of the project to prospective bidders without limiting competition
using market sounding among others; and
(c) prepare procurement documents in respect of request for qualification, request for proposals
and public private partnerships agreement by adopting model and standard documents
developed by the Office.

t for qualification, request for proposals
and public private partnerships agreement by adopting model and standard documents
developed by the Office.

(3) In the absence of the standard or model procurement documents referred to in paragraph
(c) of subsection (2), the procurement documents developed shall be submitted to the Office
by the contracting authority for approval before usage. (4) The procurement process shall be a two-stage national or international competitive
tendering process comprising
(a) the qualification stage; and
(b) the proposal stage. Section 39—Request for qualification
(1) The contracting authority shall invite applications to pre qualify. (2) The contracting authority shall publish an invitation to prequalify in at least
(a) two daily newspapers of national circulation in the case of a national or international
competitive tendering process;
(b) one daily newspaper or publication of international circulation in the case of an international
competitive tendering process; and
(c) the website of the contracting authority and the Ministry. (3) The minimum qualifications required of a bidder for a public private partnership project
shall be specified in the invitation to prequalify. 19

y. (3) The minimum qualifications required of a bidder for a public private partnership project
shall be specified in the invitation to prequalify. 19

(4) Where a public private partnership project is required to be partially funded by a contracting
authority, the contracting authority shall, prior to procuring a private party, obtain written
confirmation from the Minister of the availability of funds for the implementation of the
project.

prior to procuring a private party, obtain written
confirmation from the Minister of the availability of funds for the implementation of the
project.

Section 40—Qualification of private party
(1) A bidder for a public private partnership project, be it a firm, consortium or a person shall
(a) have the legal capacity to enter into the contract;
(b) possess the required
(i) professional and technical qualifications and competence that the contracting authority and
the Office consider appropriate;
(ii) financial resources;
(iii) personnel, managerial capability, reliability, experience and reputation in public private
partnership arrangements and agreements;
(e) be solvent;
(d) not be in receivership, bankruptcy or be in the process of being wound up;
(e) have relevant industry experience;
(f) not be the subject of legal proceedings that materially affect the capacity of the bidder to
enter into a contract;
(g) have fulfilled the obligations of the bidder to pay taxes and social security contributions
and any paid compensation due, for damage caused to property;
(h) have directors or officers who have not been
(i) convicted of any offence relating to professional conduct, false statements or
misrepresentations as to qualifications to enter into a public private partnership contract, within
a period of ten years preceding the commencement of the procurement proceedings for the
public private partnership project; or
(ii ) disqualified pursuant to administrative proceedings or disbarment proceedings; and
(i) meet any other criteria as the contracting authority and the Office consider appropriate.

dministrative proceedings or disbarment proceedings; and
(i) meet any other criteria as the contracting authority and the Office consider appropriate.

(2) The contracting authority may require bidders to provide appropriate documentary evidence
or other Information that the contracting authority considers relevant to satisfy the contracting
authority that the bidders are qualified in accordance with the criteria referred to in subsection
(1). (3) A requirement in this section stated in the tender documents with respect to the application
for prequalification and other documents for the invitation of proposals, shall apply equally to
the bidders. 20

ments with respect to the application
for prequalification and other documents for the invitation of proposals, shall apply equally to
the bidders. 20

(4) The contracting authority shall evaluate the qualifications of the bidders or prospective
private parties in accordance with the criteria and procedures stated in the documents referred
to in subsection (3). (5) The contracting authority shall disqualify a prospective private party who submits a
document containing false information for purposes of qualification. (6) The contracting authority may disqualify a prospective private party if the contracting
authority determines that the information submitted concerning the qualifications of a private
party was materially inaccurate or materially incomplete. Section 41—Prequalification proceedings
(1) The contracting authority shall respond to any request by a bidder or prospective private
party for clarification of the prequalification documents if the request is made at least ten days
before the deadline for the submission of applications to prequalify.

ation of the prequalification documents if the request is made at least ten days
before the deadline for the submission of applications to prequalify.

(2) The contracting authority shall communicate the response of the contracting authority to
the bidders within a reasonable time and in any event within a period of at least seven days to
enable the bidders or prospective private party make a timely submission of the application to
prequalify. Section 42—Prequalification bidders' conference
(1) The contracting authority in consultation with the Office shall organise a prequalification
bidders' conference at which discussions will be held on issues related to the prequalification
documentation and any other concerns of bidders in relation to the public private partnership
project. (2) Clarifications sought by bidders or prospective private parties and responses provided at
the prequalification bidders' conference shall be communicated to all bidders in writing to
enable the bidders and the prospective private parties finalise the prequalification bids for
submission. Section 43—Evalnation and decision on prequalification
(1) The contracting authority shall constitute an. evaluation panel to evaluate the
prequalification applications or bids after the bid submission date and time.

tracting authority shall constitute an. evaluation panel to evaluate the
prequalification applications or bids after the bid submission date and time.

(2) The evaluation panel shall consist of persons with technical, financial, economic, legal, and
environmental and social safeguards expertise and relevant experts. (3) The evaluation panel shall evaluate the bids based on the criteria set out in the request for
qualification bidding document. (4) The evaluation panel shall submit the report and recommendations to the Head of the
contracting authority. (5) The Head of the contracting authority shall
(a) give notice in writing to each bidder that submitted an application to prequalify that
indicates whether or not that bidder has been prequalified; and
21

e notice in writing to each bidder that submitted an application to prequalify that
indicates whether or not that bidder has been prequalified; and
21

(b) make available to any other person upon request, the names of bidders who have been
prequalified. (6) Bidders who have been prequalified may participate further in the public private partnership
procurement process. (7) The contracting authority shall communicate to a bidder who has not been prequalified, the
grounds for disqualification. (8) The number of bidders prequalified after the evaluation of application for prequalification
shall not exceed six. Section 44—Request for proposals
(1) The contracting authority in consultation with the Office shall issue request for proposal
documents to shortlisted prequalified bidders.

roposals
(1) The contracting authority in consultation with the Office shall issue request for proposal
documents to shortlisted prequalified bidders.

(2) The request for proposal documents shall include the following information:
(a) instructions for preparing the tender;
(b) project information necessary for the preparation of the bid supplemented with information
provided in a virtual data room accessible to bidders;
(c) the required minimum specifications of the project outputs including technical and financial
conditions and quality characteristics such as
(i) the service to be rendered;
(ii) the level of service;
(iii) measurable performance indicators;
(iv) safety, security and environmental preservation requirements to be met by a bidder;
(v) the envisaged commercial arrangements;
(vi) forms and documents to be filled including the form of the financial bid and the desired
construction and operational period of the concession;
(d) the criteria to be used by the contracting authority to determine the successful tender
including any margin of preference for domestic business in respect of local content and any
criteria other than the bid price;
(e) a draft public private partnership agreement indicating the terms and conditions of the
public private partnership contract, including specific and measurable output specifications and
risk allocation;
(f) the manner in which the tender price will be formulated including a statement on whether
the price covers applicable taxes and custom duties;
(g) any requirements of the contracting authority connected with the issue, nature, form,
amount and principal terms and conditions of the bid security to be provided by bidders
submitting tenders;
22

connected with the issue, nature, form,
amount and principal terms and conditions of the bid security to be provided by bidders
submitting tenders;
22

(h) a statement that a bidder may modify or withdraw the bid prior to the expiry date for the
submission of bids without forfeiting the tender security;
(i) the manner, place and deadline for the submission of tenders;
(j) the means by which bidders may seek clarification of the invitation document;
(k) a statement as to whether the contracting authority intends to have a meeting of bidders and
whether a competitive dialogue will follow the meeting of bidders;
(I) the period during which tenders will be valid;
(m) the procedures for opening and examining tenders; and
(n) any other requirements established by the contracting authority under this Act and the
Regulations relating to the preparation and submission of tenders and other aspects of the
procurement proceedings. Section 45—Margin of preference for domestic business
(1) A contracting authority may grant a margin of preference for a domestic business in respect
of the level of local content. (2) The margin of preference for domestic business in respect of the local content to be applied
to a specific partnership project shall be stated in the bidding documents.

erence for domestic business in respect of the local content to be applied
to a specific partnership project shall be stated in the bidding documents.

(3) A bidder shall not enjoy the margin of preference unless the business of that bidder is
incorporated in the country and the majority ownership of the company is held by Ghanaians. (4) A request for proposals and a partnership agreement shall contain a provision to indicate
that an entity which enjoys a margin of preference shall not alter a majority stake held by
Ghanaians within the first ten years of the term of the partnership agreement. Section 46—Response to bidders and bidders' conference
(1) The contracting authority shall respond to any request by a bidder or prospective private
party for clarification of the request for proposal documents if the request is made at least ten
days before the date for the submission of the request for proposal documents. (2) The response of the contracting authority shall be given within a reasonable time and in any
event within a period of at least seven days to enable the bidder or prospective private party
make a timely submission of proposal documents.

in any
event within a period of at least seven days to enable the bidder or prospective private party
make a timely submission of proposal documents.

(3) The contracting authority shall, in consultation with the Office, organise a bidders'
conference at which discussions will be held on issues related to the request for proposal
documents and any other concerns of bidders in relation to the public private partnership
project. (4) Clarifications sought by bidders or prospective private parties and responses provided at
the bidders' conference shall be communicated to all bidders in writing in a Bid Bulletin to
enable the bidders finalise the proposals for submission. Section 47—Submission and opening of bids
(1) The bids shall be
23

ting in a Bid Bulletin to
enable the bidders finalise the proposals for submission. Section 47—Submission and opening of bids
(1) The bids shall be
23

(a) submitted by a bidder before or on the date and time scheduled for the opening of the bids;
and
(b) opened at the time and place scheduled for the opening of the bids and in the presence of
the bidders, their representatives or agents in attendance. (2) A bidder shall submit a technical bid and financial bid in two separate sealed envelopes. (3) The financial bid shall be opened only after the technical proposal has been opened and
approved. (4) The procedure for submission and opening of bids shall be in accordance with
(a) the rules on the submission of bids indicated in the request for proposal; and
(b) this Act, Regulations and Guidelines. Section 48—Evaluation of bids
(1) The contracting authority shall constitute a Proposal Evaluation Panel for the purpose of
evaluating bids submitted by bidders. (2) The Proposal Evaluation Panel shall consist of representatives from
(a) the Public Investment Unit;
(b) the transaction advisors, if any; and
(c) any other person or institution considered relevant by the contracting authority in the areas
of technical, financial, economic, legal, and environmental and social safeguards.

ution considered relevant by the contracting authority in the areas
of technical, financial, economic, legal, and environmental and social safeguards.

(3) The Proposal Evaluation Panel shall evaluate and compare the bids that have been accepted
to ascertain the successful bidder in accordance with the procedures and criteria set out in the
request for proposals document. (4) The Proposal Evaluation Panel shall prepare and submit a Proposal Evaluation Report to
the Head of the contracting authority. (5) The contracting authority shall submit the Proposal Evaluation Report to the Public Private
Partnership Committee for consideration. (6) The Proposal Evaluation Report shall indicate among others the application of the
obligations of the contracting authority in sections 3 to 11 in the evaluation of the bids. (7) The successful proposal or preferred bid shall be the most favourable compliant bid with
respect to the evaluation criteria and the bid that offers the best value for money. (8) The Head of the contracting authority shall, after the evaluation and approval by the Public
Private Partnership Committee, give notice of the results of the evaluation in writing to each
bidder that submitted a proposal.

pproval by the Public
Private Partnership Committee, give notice of the results of the evaluation in writing to each
bidder that submitted a proposal.

Section 49—Negotiations
(1) A contracting authority shall, further to the approval of the Proposal Evaluation Report by
the Committee,
24

Section 49—Negotiations
(1) A contracting authority shall, further to the approval of the Proposal Evaluation Report by
the Committee,
24

(a) constitute a multi-disciplinary negotiation team consisting of representatives from the
(i) Public Investment Unit;
(ii) contracting authority;
(iii) transaction advisor;
(iv) Office; and
(v) Office of the Attorney-General;
(b) enter into negotiations with the successful bidder; and
(c) request the second ranked bidder to extend the validity of the bid of that second ranked
bidder pending the completion of negotiations with the successful bidder. (2) The negotiation team shall enter into negotiations with the successful bidder on the
technical and financial terms of the project agreement. (3) Where the negotiations carried out with the successful bidder are unsuccessful, the
negotiation team shall enter into negotiations with the second ranked successful bidder without
varying the technical and financial terms of the project agreement referred to in subsection (2). (4) Upon completion of negotiations, the negotiation team shall submit to the contracting
authority concerned, a report specifying the negotiated terms and recommendations of the
negotiation team.

iation team shall submit to the contracting
authority concerned, a report specifying the negotiated terms and recommendations of the
negotiation team.

(5) The contracting authority shall
(a) review the report submitted to the contracting authority under subsection (4); and
(b) where the contracting authority is satisfied with the recommendations of the negotiation
team, submit the report to the Committee. (6) The Committee shall consider
(a) the project negotiation report; and
(b) the recommendations of the Fiscal Commitment Technical Committee on the report after
confirming the fiscal commitments and contingent liabilities in accordance with the project
agreement before the approval of the project negotiation report. (7) Where the Committee is not satisfied with the recommendations of the negotiation team,
the contracting authority shall refer the report to the negotiation team with reasons and request
for a review of the report. Section 50—Cancellation of tender
(1) A contracting authority may cancel a tender process at any time before the execution of the
related contract if fundamentally adverse consequences are likely to occur with the progress of
the tender process. (2) A contracting authority shall not cancel a tender unless
(a) the Committee approves the cancellation; and
25

h the progress of
the tender process. (2) A contracting authority shall not cancel a tender unless
(a) the Committee approves the cancellation; and
25

(b) the proposal evaluation team submits the recommendations of the proposal evaluation team
to the contracting authority on the cancellation of the tender. (3) A cancellation by a contracting authority under subsection (1) shall
(a) be by notice in writing issued to the bidders of a tender advertised by the contracting
authority; and
(b) contain reasons for the cancellation of the tender by the contracting authority. (4) The bidders of a tender that is cancelled under this section shall not be entitled to
compensation for the cancellation of the tender. (5) In the event of the cancellation of a tender, the contracting authority may
(a) restart the competitive tender process; or
(b) apply to the Committee to procure the project through the Ghana Infrastructure Investment
Fund subject to the approval of the Ghana Infrastructure Investment Fund.

Committee to procure the project through the Ghana Infrastructure Investment
Fund subject to the approval of the Ghana Infrastructure Investment Fund.

Procurement of public private partnership project through Ghana
Section 51—Infrastructure Investment Fund
(1) Subject to the approval of the Ghana Infrastructure Investment Fund to act as a lead arranger
for a consortium to achieve efficient and timely procurement, a partnership project may be
procured through the Ghana Infrastructure Investment Fund where
(a) the use of a competitive solicitation method proves unsuccessful as evident in the
cancellation of tender; or
(b) there is an urgent need for execution of a potential partnership project, determined after
feasibility studies to be economically and financially viable, in order to serve strategic national
interest. (2) The procurement of a partnership project through the Ghana Infrastructure Investment Fund
shall not be used without written approval from the Committee. Section 52—Approval of partnership projects
(1) The Minister and the Minister responsible for the contracting authority concerned shall
(a) consider the project negotiation report; and
(b) jointly submit a report to Cabinet on the recommendation of the Committee.

hority concerned shall
(a) consider the project negotiation report; and
(b) jointly submit a report to Cabinet on the recommendation of the Committee.

(2) Subject to the Constitution, the approval authorities required to grant final approval are as
set out in the First Schedule. Section 53—Approval of partnership projects by local government authority
(1) The Executive Committee of a local government authority shall consider a partnership
project submitted to the Executive Committee and make a recommendation to the General
Assembly of the local government authority, for consideration and approval of the partnership
project. 26

tee and make a recommendation to the General
Assembly of the local government authority, for consideration and approval of the partnership
project. 26

(2) Where the General Assembly of the local government authority approves the undertaking
of a partnership project, the District Coordinating Director shall forward the Public Private
Partnership Agreement to the Office through the Regional Co-ordinating Council and the
Ministry of Local Government and Rural Development. (3) Where the value of the partnership project exceeds the threshold for the local government
authority, the District Assembly shall, through the Regional Coordinating Council and the
Ministry of Local Government and Rural Development, seek approval in accordance with the
First Schedule. Unsolicited Proposals and Related Matters
Section 54—Unsolicited proposal
For the purposes of this Act, an unsolicited proposal is
(a) a proposal made by a Private party to undertake a partnership project; and
(b) submitted at the initiative of the private party rather than in response to a request from a
contracting authority.

ake a partnership project; and
(b) submitted at the initiative of the private party rather than in response to a request from a
contracting authority.

Section 55—Requirements for unsolicited proposals
(1) A contracting authority shall consider and proceed with
(a) an unsolicited proposal, or
(b) a private sector led proposal,
if the project is not in the Medium Term Development Plan of the contracting authority and
has not already been considered by the contracting authority for implementation as part of the
public private partnership pipeline of projects of the contracting authority. (2) The proposal must demonstrate innovation and not place onerous conditions on
Government. (3) The unsolicited proposal shall be consistent with
(a) the coordinated programme of economic and social development policies specified in clause
(5) of article 36 of the Constitution;
(b) the National Medium Term Development Policy Framework; or
(c) the National Infrastructure Plan. (4) An unsolicited proposal or private sector led proposal shall
(a) be economically and financially viable;
(b) offer the best value for money;
(c) be affordable; and
(d) not require government support in the form of a viability gap funding or tax exemptions. (5) The private party or proponent shall submit to the contracting authority, with a copy to the
Office,
27

a viability gap funding or tax exemptions. (5) The private party or proponent shall submit to the contracting authority, with a copy to the
Office,
27

(a) an unsolicited proposal in the form of an initial business case regarding the proposed project,
and
(b) all the necessary supporting documents, for preliminary review by the contracting authority. (6) The contracting authority shall, as part of the preliminary review, ensure that
(a) the conditions in subsections (1) and (2), and
(b) the obligations of the contracting authority, have been complied with. (7) If the contracting authority decides to reject the
(a) unsolicited proposal, or
(b) private sector led proposal,
the contracting authority shall notify in writing the authorised representative of the private party
or the proponent of the unsolicited proposal, that the contracting authority has rejected the
proposal. (8) The intellectual property right with respect to the initial business case, Feasibility Study
Report or any other diagnostic document submitted by the proponent in furtherance of the
proposal shall be protected in accordance with the intellectual property right laws of Ghana
unless the holder of the right agrees in writing to waive the right of that holder.

d in accordance with the intellectual property right laws of Ghana
unless the holder of the right agrees in writing to waive the right of that holder.

(9) A holder of an intellectual property right who discloses the intellectual property right for
the purposes of the partnership is considered to have waived the intellectual property right
unless the holder of the intellectual property right designates and the parties agree in writing
that the intellectual property right is not waived. (10) A no-claim relationship shall be maintained at all times between the private party or
proponent and the contracting authority. (11) Any correspondence between the contracting authority and the private party does not put
the contracting authority under any obligation to a private party or proponent of an unsolicited
proposal.

uthority and the private party does not put
the contracting authority under any obligation to a private party or proponent of an unsolicited
proposal.

(12) Where the contracting authority intends to consider or promote the unsolicited proposal
or private sector led proposal, the contracting authority shall
(a) notify the Office of the decision in writing accompanied by the initial business case prepared
by the private party or proponent;
(b) submit a report on the review carried out on the unsolicited proposal by the contracting
authority, after the initial screening; and
(c) state in the report
(i) the decision to consider or promote the unsolicited proposal; and
(ii) the reasons for consideration of the unsolicited proposal. (13) The Office shall register the project but the registration of the project shall not
(a) be construed as a registration of any identified private party or proponent; or
28

ister the project but the registration of the project shall not
(a) be construed as a registration of any identified private party or proponent; or
28

(b) constitute a commitment of the contracting authority to
(i) execute the project; or
(ii) grant exclusivity for the project to the private party or the proponent of the unsolicited
proposal. (14) The contracting authority shall, after the registration of the project, notify in writing the
private party or proponent of the unsolicited proposal of the decision of the contracting
authority to consider or promote the unsolicited proposal. (15) The proponent shall, upon the notification referred to in subsection (12), undertake
(a) a feasibility study on the project in the prescribed format and in accordance with the Public
Financial Management (public Investment Management) Regulations, 2020 (L.I. 2411); and
(b) any other relevant studies
(i) at no cost to the contracting authority; and
(ii) submit the Feasibility Study Report to the contracting authority. (16) The contracting authority and the appraising authority shall
(a) appraise the Feasibility Study Report; and
(b) submit the Feasibility Study Report and Appraisal Report to the Office for consideration
by the Committee.

raise the Feasibility Study Report; and
(b) submit the Feasibility Study Report and Appraisal Report to the Office for consideration
by the Committee.

(17) Where the Committee approves the feasibility study, the contracting authority may
conduct an open bidding process to enable other interested parties, other than the original
proponent of the unsolicited proposal, to make a technical and financial bid m accordance with
the public private partnership solicitation process. (18) Where the original proponent is unsuccessful after the evaluation of the bid the original
proponent has the option to match the winning bid to emerge as the preferred bidder. (19) Where the preferred bidder is not the original bidder, the preferred bidder shall pay not
more than two per cent of the capital cost of the potential partnership project at financial close
in accordance with paragraph (c) of subsection (1) of section 78 to the Office to reduce
(a) the cost of appraisal; and
(b) the cost of the project development by the original Proponent. (20) Despite subsections (17), (18) and (19), the contracting authority may declare the original
proponent as the preferred bidder.

riginal Proponent. (20) Despite subsections (17), (18) and (19), the contracting authority may declare the original
proponent as the preferred bidder.

(21) Where a contracting authority declares the original proponent as the preferred bidder, that
preferred bidder shall
(a) receive a defined return; and
(b) apply an open book method. 29

clares the original proponent as the preferred bidder, that
preferred bidder shall
(a) receive a defined return; and
(b) apply an open book method. 29

(22) Where a contracting authority intends to apply subsection (20), the contracting authority
shall, in the request submitted to the Committee for prior approval, include the grounds and
circumstances that the contracting authority relied on to justify the use of the method in
subsection (20). (23) The process of negotiation and approval of an agreement related to an unsolicited proposal
shall be in accordance with this Act. Contract and Post Contract Award Management
Section 56—Public private partnership arrangements
Subject to the provisions of this Act, a contracting authority may enter into a public private
partnership arrangement with a private party as specified in the Second Schedule. Section 57—Form of partnership agreement
(1) A contracting authority shall prepare a partnership agreement based on the standardised
documents formulated by the Office and where appropriate in collaboration with the Office of
the Attorney-General and Ministry of Justice. (2) The Office of the Attorney-General and Ministry of Justice shall review forms of
partnership agreements and determine conformity with relevant requirements.

fice of the Attorney-General and Ministry of Justice shall review forms of
partnership agreements and determine conformity with relevant requirements.

(3) Where amendments are recommended by the Office of the Attorney-General and Ministry
of Justice, the contracting authority shall incorporate the amendments in the partnership
agreement before the agreement is submitted to the approval authority. (4) A partnership agreement shall be in the English language and in any other language that
may be approved by the Minister. Section 58—Scope of partnership agreement
(1) Subject to the requirements and transaction structure of a partnership project, a partnership
agreement may consist of one or more agreements or a principal agreement with subsidiary
agreements. (2) A partnership agreement shall conform to this Act.

ment may consist of one or more agreements or a principal agreement with subsidiary
agreements. (2) A partnership agreement shall conform to this Act.

(3) A partnership agreement may require the private party to
(a) perform or undertake a specified project or render a particular service;
(b) assume financial, technical or operational risks in connection with the performance of a
public function or the use of public property; and
(c) receive consideration for performing a public function or utilising public property, by way
of
(i) a fee or charge from any revenue fund or budgetary fund of the Government;
(ii) user levies or tariffs collected by the private party from end-users or customers for a service
provided by the private party; or
(iii) a combination of the consideration paid under subparagraphs (i) and (ii). 30

-users or customers for a service
provided by the private party; or
(iii) a combination of the consideration paid under subparagraphs (i) and (ii). 30

(4) The parties to a partnership agreement may include a provision in the partnership agreement
to enable the private party to retain for a specified period, all or part of the charges, fees or
tariffs paid by the end-users for the use of a facility related to the partnership project. (5) The charges, fees or tariffs paid by the end-users in subsection
(4) shall constitute part or all the compensation to that private party. (6) The imposition of a tariff or user levy payable by a third party or an end-user of a facility
related to a partnership project is subject to
(a) this Act and the Regulations; and
(b) the terms and conditions of the relevant partnership agreement. (7) The partnership agreement may, where applicable, provide methods and formulae for the
establishment and adjustment of user levies, fees or tariffs. (8) For the purposes of subsections (6) and (7), the imposition of levies, fees or tariffs for a
partnership agreement shall be regulated by the partnership agreement subject to this Act and
the Regulations.

sition of levies, fees or tariffs for a
partnership agreement shall be regulated by the partnership agreement subject to this Act and
the Regulations.

(9) A contracting authority may make payments to a private party, in accordance with the
partnership agreement, this Act and the Regulations
(a) for a service rendered to or on behalf of that contracting authority under a partnership
agreement;
(b) as a contribution towards capital costs of a partnership project; or
(c) as a substitute for or in addition to user fees, levies or tariffs for the use of a partnership
project or services. (10) A partnership agreement shall explicitly provide for
(a) fair compensation to a private party in the event of termination of that agreement on account
of default by the contracting authority or expropriation by the Government, and
(b) fair compensation to a contracting authority in the event of termination of that agreement
on account of default by the private party. (11) A partnership agreement shall explicitly specify the minimum contractual obligations
required to be met by the parties as set out in the Third Schedule.

partnership agreement shall explicitly specify the minimum contractual obligations
required to be met by the parties as set out in the Third Schedule.

Section 59—Contract execution
(1) Subject to this Act and the Regulations,
(a) the Head of a contracting authority shall execute a partnership agreement on behalf of that
contracting authority in respect of a partnership arrangement; and
(b) the head of a private party or an authorised officer of that private party shall execute a
partnership agreement on behalf of that private party in respect of a partnership arrangement. (2) The Office shall register, monitor and evaluate the implementation of all partnership
agreements. 31

arty in respect of a partnership arrangement. (2) The Office shall register, monitor and evaluate the implementation of all partnership
agreements. 31

Section 60—Contract management
(1) A contracting authority shall
(a) before a partnership agreement is entered into, identify and adopt measures to ensure that
the terms of the contract can be implemented;
(b) immediately after the execution of the contract and before the date of the commencement
of the contract, submit copies of the executed contracts and related documents to the Office;
(e) generally, oversee the management of the partnership agreement; and
(d) submit to the Office, quarterly and annual reports on the implementation of the contract and
the partnership project. (2) A partnership agreement involving the performance of a function of a contracting authority
by a private party shall not divest that contracting authority of the responsibility of protecting
the public interest and ensuring that the relevant functions are effectively and efficiently
performed by the private party on behalf of the contracting authority.

terest and ensuring that the relevant functions are effectively and efficiently
performed by the private party on behalf of the contracting authority.

(3) A partnership agreement involving the use of property of a contracting authority by a private
party shall not divest that contracting authority of the responsibility of ensuring that the
property is appropriately protected against forfeiture, theft, loss, wastage or misuse. Section 61—Amendment to contract
(1) A contracting authority or private party which seeks to amend a partnership agreement shall
apply to the Public Private Partnership Committee through the Office stating reasons for the
amendment. (2) The Public Private Partnership Committee shall approve the amendments only if the
amendments
(a) do not compromise the obligations of the contracting authority; and
(b) may lead to a more efficient and effective service delivery. (3) The contracting authority shall ensure that upon approval of the amendments, the process
outlined in this Act and the Regulations for negotiations, approval and execution of agreements
are complied with to bring into effect the amended partnership agreement. Section 62—Governing law of public private partnership agreement
(1) The governing law of a partnership agreement is the law of Ghana.

ship agreement. Section 62—Governing law of public private partnership agreement
(1) The governing law of a partnership agreement is the law of Ghana.

(2) The parties shall determine the place of arbitration in respect of a partnership agreement. Section 63—Ownership of assets
(1) A partnership agreement shall specify which asset is or shall constitute public property and
which asset is or shall constitute the private property of the private party involved. (2) A partnership agreement shall, in particular, identify which assets belong to the following
categories:
32

property of the private party involved. (2) A partnership agreement shall, in particular, identify which assets belong to the following
categories:
32

(a) assets that the private party is required to return or transfer to the contracting authority or
to another entity indicated by the contracting authority in accordance with the terms of the
partnership agreement;
(b) assets that the contracting authority, at its option, may purchase from the private party; and
(c) assets that the private party may retain or dispose of on the expiry or termination of the
partnership agreement. (3) The parties shall, in making the provision relating to the ownership and the transfer of assets
in a partnership agreement, be guided by the key objectives of the partnership agreement
including, where applicable, the need to ensure continuous provision of the services and other
deliverables of the partnership project. (4) Where provision is not made in a partnership agreement for the treatment of an asset in
accordance with subsections (1) to (3), that asset shall be considered to be public property.

a partnership agreement for the treatment of an asset in
accordance with subsections (1) to (3), that asset shall be considered to be public property.

Section 64—Acquisition of rights related to project site
(1) Where the nature of a partnership project requires that a specific site land be acquired,
allocated or otherwise dedicated for the purpose, a contracting authority may, either on the
initiative of the contracting authority or through the relevant public entity, make the land
available for the purpose of the partnership project in accordance with the terms of the
partnership arrangement. (2) A contracting authority may, where the circumstances require, assist a private party in
obtaining the title, access, possession and rights related to a project site as may be necessary
for the implementation of the partnership project. (3) A contracting authority may acquire land and related rights subject to the State Lands Act,
1962 (Act 125).

ementation of the partnership project. (3) A contracting authority may acquire land and related rights subject to the State Lands Act,
1962 (Act 125).

Section 65—Easements
Subject to the payment of appropriate compensation that may be required, a contracting
authority or other public entity may, for the purposes of a partnership project and in accordance
with the Lands (Statutory Wayleaves) Act, 1963 (Act 186) and a partnership agreement, assist
the private party concerned to
(a) enjoy the right to enter upon,
(b) transit through, or
(e) work or fix installations upon,
property of third parties, as appropriate for the implementation of a partnership project. Section 66—Payment of compensation
Where compensation is required to be paid to a person who has an interest in or rights over the
land acquired, the compensation shall, depending on the nature of the project, be paid by
(a) the relevant contracting authority; or
(b) the private party undertaking the partnership project and included in the project cost. 33

, be paid by
(a) the relevant contracting authority; or
(b) the private party undertaking the partnership project and included in the project cost. 33

Complaints and Settlement of Disputes
Section 67—Complaints Panel for bidding process
(1) There is established by this Act a Complaints Panel for the bidding process consisting of
seven persons. (2) The members of the Complaints Panel consist of the following:
(a) one Judge nominated by the Chief Justice as the Chairperson;
(b) one representative of the Ghana Bar Association nominated by the Ghana Bar Association;. (c) one representative of the Association of Ghana Industries nominated by the Association of
Ghana Industries;
(d) one representative of the Ghana Institution of Surveyors nominated by the Ghana Institution
of Surveyors;
(e) one representative of the Chartered Institute of Procurement and Supply nominated by the
Chartered Institute of Procurement and Supply;
(f) one Chief State Attorney nominated by the Attorney General and Minister responsible for
Justice; and
(g) one person nominated by the Minister responsible for Finance who shall be Secretary to the
Complaints Panel. (3) The members of the Complaints Panel shall be appointed by the Minister. (4) The quorum for a meeting of the Complaints Panel is four members.

nel. (3) The members of the Complaints Panel shall be appointed by the Minister. (4) The quorum for a meeting of the Complaints Panel is four members.

(5) The Complaints Panel may seek the guidance of experts in the determination of matters
before the Complaints Panel. Section 68—Complaint procedure for bidding process
(1) A person may lodge a complaint under this Act if that person or the entity that person
represents is aggrieved as a result of a breach of any aspect of the bidding process. (2) The person may submit a written complaint to the Office with a copy to the contracting
authority concerned within thirty days from the date the complainant becomes aware of the
breach to which the complaint relates. (3) Despite subsection (2), in the case of evaluation results, only written complaints substituted
within thirty days from the date the complainant receives notice of evaluation results shall be
considered. (4) The Office shall, within ten days of receipt of a complaint, refer the complaint to the
Complaints Panel. Section 69—Suspension of bidding process by Complaints Panel
(1) Where the Complaints Panel is of the view that
(a) a complaint lodged is not frivolous, and
34

9—Suspension of bidding process by Complaints Panel
(1) Where the Complaints Panel is of the view that
(a) a complaint lodged is not frivolous, and
34

(b) the complainant may suffer irreparable harm or damage if the bidding process is not
suspended, the Complaints Panel shall suspend the bidding process for the respective
partnership project for a period of not more than sixty days. (2) The Complaints Panel may, on receipt of a complaint and pending the resolution of the
complaint, issue a notice of the complaint to all bidders, and to the contracting authority
concerned. (3) The Complaints Panel shall not act upon the complaint unless the complainant deposits, at
the Office, a complaint bond in an amount specified by the Minister. Section 70—Decision of Complaints Panel
(1) The Complaints Panel shall hear and review complaints in accordance with this Act and the
Regulations. (2) The Complaints Panel shall
(a) resolve a complaint within sixty days after the receipt of that complaint;
(b) issue a written decision indicating the reason for the decision; and
(c) indicate whether the complaint is upheld in whole or in part and the factors that were taken
into account in arriving at the decision.

cision; and
(c) indicate whether the complaint is upheld in whole or in part and the factors that were taken
into account in arriving at the decision.

(3) The Complaints Panel shall, not later than five days after a decision is made, submit the
decision and the record of proceedings to the Committee. (4) The Committee shall, within five days of receipt of the decision from the Complaints Panel,
furnish the complainant and the contracting authority with a copy of the decision. (5) A person aggrieved with an order or decision of the Complaints Panel may appeal to the
High Court within thirty days after the receipt of that order or decision. Section 71—Complaints on services
(1) Where a private party is required to provide services directly to the general public or operate
a facility for the benefit of the public under a partnership arrangement, that private party shall
establish simplified and efficient mechanisms for the lodging of complaints and claims by the
public and end users. (2) A person affected by the services provided by a private party under a partnership
arrangement may lodge, within thirty days, a complaint with the private party for expeditious
redress. (3) The private party shall inform the complainant of the decision taken on the complaint within
thirty days after receipt of the complaint.

redress. (3) The private party shall inform the complainant of the decision taken on the complaint within
thirty days after receipt of the complaint.

(4) The private party shall, within fifteen days after every six months, submit to the Office and
the contracting authority concerned, information regarding complaints received in respect of
the implementation of the partnership project and how the complaints have been resolved. (5) The contracting authority may make recommendations or give directions to the private party
with regard to measures to minimise or resolve the complaints. 35

ntracting authority may make recommendations or give directions to the private party
with regard to measures to minimise or resolve the complaints. 35

(6) The efficiency of the resolution of a complaint by the private party shall be taken into
account by the regulatory authority and the contracting authority when assessing the
performance of the private party. Section 72—Dispute between a contracting authority and private party
A dispute between a contracting authority and a private party arising from a partnership
agreement shall be settled in accordance with the dispute resolution mechanism agreed by the
parties in the partnership agreement or by default, in accordance with the Alternative Dispute
Resolution Act, 2010 (Act 798). Special Purpose Entity, Information and Equity Participation
Section 73—Special purpose entity
(1) A private party which seeks to
(a) enter into a partnership agreement as a special purpose entity solely for the purpose of a
partnership project, or
(b) take over the rights of a private party that previously participated in a partnership process
shall be incorporated in Ghana.

tnership project, or
(b) take over the rights of a private party that previously participated in a partnership process
shall be incorporated in Ghana.

(2) A special purpose entity established under subsection (1)
(a) may, subject to the Regulations, include a public entity as a shareholder in the company;
and
(b) shall provide the performance security and the conditions specified in the project agreement
and in the
(3) Subject to the Companies Act, 2019 (Act 992), the directors of a Special purpose entity
established under subsection (1) shall not
(a) wind up the company,
(b) alter the legal structure of the company, or
(c) reduce the share capital of the company unless the directors have applied for and obtained
the written approval of the contracting authority and the Minister. (4) A majority shareholder of a special purpose entity shall not transfer any shares held in a
project company before the issuance by the contracting authority of an acceptance certificate
confirming the acceptance of the contracting authority of the quality of the project undertaken
in accordance with the project agreement executed by the parties.

the acceptance of the contracting authority of the quality of the project undertaken
in accordance with the project agreement executed by the parties.

(5) Despite the Companies Act, 2019 (Act 992), where a transfer of shares results in the transfer
of the control of a project company to a third party, the transfer shall not be valid unless the
shareholder applies for and obtains the written approval of the contracting authority and the
Minister. Section 74—Record keeping
A contracting authority shall keep a record of all matters relating to the selection and award
proceedings for a partnership project in the prescribed manner. 36

ng authority shall keep a record of all matters relating to the selection and award
proceedings for a partnership project in the prescribed manner. 36

Section 75—Access to information
(1) The contracting authority shall ensure that, subject to the requirements of any enactment
on, access to information, relevant information in respect of a partnership project 15 made
available to any person interested in the information subject to the payment of a fee to cover
the cost of reproduction of the information requested by that person. (2) The Office and the contracting authority shall ensure that the following information is made
available on the website of the contracting authority and the Ministry that permits access by
the public:
(a) public private partnership projects registered with the Office;
(b) project brief;
(c) requests for qualification;
(d) the names of pre-qualified and shortlisted private parties; and
(e) notices of contract awards.

(b) project brief;
(c) requests for qualification;
(d) the names of pre-qualified and shortlisted private parties; and
(e) notices of contract awards.

Section 76—Request for information
(1) The Minister or a contracting authority through the Office may, in the performance of
functions under this Act
(a) by notice in writing, require a bidder or an official of a contracting authority or a relevant
person in the private or public sector to provide information in a form and manner and within
the period specified in the notice, to ensure compliance with this Act; and
(b) interview a person and request that person to provide particulars that are required for
specific purposes under this Act. (2) A notice referred to in subsection (1) shall
(a) state that the notice is served in exercise of the powers conferred by this section; and
(b) include a general statement of the purpose for which the information or response is required. (3) Where a requirement to provide information or particulars under this Act is made, the
response shall be provided by the person concerned not later than the time specified in the
notice or within an extension period that the authority issuing the notice may grant.

by the person concerned not later than the time specified in the
notice or within an extension period that the authority issuing the notice may grant.

Government Support Mechanisms
Section 77— Project Development Facility
There is established by this Act, a Project Development Facility which shall be a revolving
fund. Section 78—Sources of moneys for the Project Development Facility
(1) The sources of moneys for the Project Development Facility are
(a) moneys approved by Parliament;
(b) loans and grants from development partners;
37

) The sources of moneys for the Project Development Facility are
(a) moneys approved by Parliament;
(b) loans and grants from development partners;
37

(c) not more than two per cent of the capital cost of a potential partnership project paid by the
winning bidder on financial close; and
(d) refunds of project development cost as a first charge on the approved budget of the
contracting authority for other public Investment projects funded from the Project
Development Facility. (2) For the purposes of paragraph (a) of subsection (1), the Minister shall create a vote in the
National Budget under Other Government Obligations for the Project Development Facility. (3) The provisions of the Earmarked Funds Capping and Realignment Act 2017 (Act 947) shall
not apply to the Project Development Facility. Section 79—Management and use of moneys of Project Development Facility
(1) The Division responsible for Public Investment and Assets of the Ministry shall manage
the Project Development Facility. (2) The moneys for the Project Development Facility shall be used to finance
(a) project preparation;
(b) project structuring and procurement of private party;
(e) project management, monitoring and evaluation;
(d) public investment management capacity building;
(e) the public investment management system; and
(f) transaction advisory services.

nd evaluation;
(d) public investment management capacity building;
(e) the public investment management system; and
(f) transaction advisory services.

(3) The Project Development Facility shall operate in accordance with this Act, the Regulations
and Guidelines. Section 80— Viability Gap Facility. There is established by this Act, a Viability Gap Facility. Section 81—Sources of moneys for the Viability Gap Facility
(1) The sources of moneys for the Viability Gap Facility are
(a) moneys approved by Parliament;
(b) loans and grants from development partners; and
(c) concession fees. (2) For the purposes of paragraph (a) of subsection (1), the Minister shall create a vote in the
National Budget under Other Government Obligations for the Viability Gap Facility. (3) The provisions of the Earmarked Funds Capping and Realignment Act, 2017 (Act 947),
shall not apply to the Viability Gap Facility. Section 82—Management and use of moneys of Viability Gap Facility
38

d Realignment Act, 2017 (Act 947),
shall not apply to the Viability Gap Facility. Section 82—Management and use of moneys of Viability Gap Facility
38

(1) The Division responsible for Public Investments and Assets of the Ministry shall manage
the Viability Gap Facility. (2) The Viability Gap Facility shall provide financial support to projects which are technically,
economically, socially and environmentally viable but are not financially viable. (3) The funds from the Viability Gap Facility shall be used for the following government
support instruments:
(a) Construction Grants or Capital Grants;
(b) Operation Grant or Operational Cost Contribution;
(c) Availability Payments, Service Payments or Annuity Payments; and
(d) Minimum Revenue Guarantees. (4) Any tax exemptions granted by Government to make a partnership project commercially or
financially viable shall be estimated and counted as part of the support from the Viability Gap
Facility. (5) The Viability Gap Facility support with or without a tax exemption shall
(a) be determined in a transparent manner through an open competitive bidding process, and
(b) not exceed thirty per cent of the capital cost of the project.

determined in a transparent manner through an open competitive bidding process, and
(b) not exceed thirty per cent of the capital cost of the project.

(6) Despite subsection (5), the Viability Gap Facility support may exceed thirty per cent of the
capital cost of the project, as may be determined by the Minister but shall not exceed fifty per
cent of the capital cost of the project. (7) The Viability Gap Facility support shall not be applied to an unsolicited proposal or a
private sector led proposal. Miscellaneous
Section 83—Reports and plans of public authorities
A contracting authority shall, at the end of each year, submit to the Minister
(a) reports on public private partnership projects undertaken during that year; and
(b) plans of the contracting authority for the ensuing year. Section 84—Annual report by Minister
The Minister shall, within the first quarter of every year after receipt of the report and plans of
each contracting authority, submit to Parliament a report on all public private partnership
projects undertaken and plans of the contracting authorities for the ensuing year. Section 85—Offences and penalties
(1) A person who fails to provide information requested under section 76 shall pay to the Office
an administrative penalty of five hundred penalty units. (2) A person who
39

to provide information requested under section 76 shall pay to the Office
an administrative penalty of five hundred penalty units. (2) A person who
39

(a) knowingly provides misleading or false information or material;
(b) wilfully obstructs the provision of information under this Act,
(c) contravenes or knowingly permits another person to contravene a provision of this Act or
the Regulations; or
(d) instigates another person to contravene a provision of this Act or the Regulations, commits
an offence and is liable on summary conviction to a fine of not less than five hundred penalty
units and not more than two thousand and five hundred penalty units or to a term of
imprisonment of not less than six months and not more than two years or to both. Section 86—Regulations
(1) The Minister may, by legislative instrument, make Regulations for the effective and
efficient implementation of this Act.

. Section 86—Regulations
(1) The Minister may, by legislative instrument, make Regulations for the effective and
efficient implementation of this Act.

(2) Without limiting subsection (1), the Regulations may provide for
(a) the public private partnership process;
(b) the procedures for the application of the margin of preference for domestic business;
(e) the procedures for procurement through the Ghana Infrastructure Investment Fund;
(d) the procedures for unsolicited proposals or private sector led proposals;
(e) complaints procedure;
(f) the management of the Project Development Facility and Viability Gap Facility;
(g) special purpose entity;
(h) contract management and amendment; and
(i) early termination payments. Section 87—Guidelines
(1) The Minister may issue Guidelines in respect of administrative and procedural matters
required under this Act. (2) The Minister shall publish the Guidelines on the website of the Ministry.

espect of administrative and procedural matters
required under this Act. (2) The Minister shall publish the Guidelines on the website of the Ministry.

Section 88—Interpretation
In this Act, unless the context otherwise requires,
“appraising authority" means the relevant Sector Ministry and institution mandated to review
the project concept note, Prefeasibility study and feasibility study before the submission of the
studies to the Office;
"approval authority" includes the entities set out in the second column of the First Schedule
and any public body, institution, entity or committee that has the power to give a form of
approval at any stage in the public private partnership process;
40

public body, institution, entity or committee that has the power to give a form of
approval at any stage in the public private partnership process;
40

"bid" means a tender, an offer, a proposal or price quotation, given in response to an invitation
to participate in a partnership project;
"bidder" includes
(a) a person that participates in the submission of a response or bid for selection proceedings
in respect of a partnership project; and
(b) a representative of a person referred to in paragraph (a);
"bidders conference" means a forum in which pre-qualified bidders present their comments on
the draft request for proposals and the draft contract documents and receive response on the
drafts;
"bidding documents" means the Request for Proposals and the accompanying documents used
for inviting offers for a partnership project, on the basis of which bidders are to prepare and
submit their bids
"capital cost of the project" includes
(a) a one-time expenditure that will be incurred for creating the public private partnership
project assets or for substantial modernisation or renovation of any of the existing project assets
such as the cost incurred on civil and construction works, purchase of plant, machinery and
equipment, installation, commissioning and supervision expenses for the plant, machinery and
equipment; and
(b) recurring expenses during the project construction period that are capitalised such as interest
during construction, project insurance expenses, project management and consultancy fees,
debt syndication fees and contingencies;
(c) but does not include
(i) the cost of land and the expenses for the project incurred by the contracting authority in
respect of the resettlement and rehabilitation of affected parties; and
(ii) operating expense to be incurred during the operating period;
"commercial close" means reaching an agreement on the commercial terms of a public private
partnership contract by the parties to the contract prior to completion of the financing;
"Committee" means the Public Private Partnership Committee established under section 19;
"complaint bond" means a bond required for submission by a person who lodges a complaint
or who applies for a review of a decision to the Complaints Panel;
"Complaints Panel" means the Complaints Panel established under section 67;
"concept note" means a preliminary diagnostic report that presents an initial appraisal of the
viability of a potential public private partnership project, from the standpoint of technical,
financial, legal, social and environmental considerations and any other relevant considerations
from other relevant disciplinary standpoints;
"concession fees" mean the entry fee and performance fee as specified in the Project Agreement
to be paid by a private party to the contracting authority or the Viability Gap Facility;
41

and performance fee as specified in the Project Agreement
to be paid by a private party to the contracting authority or the Viability Gap Facility;
41

"contracting authority" includes
(a) the Executive, Legislature and Judiciary;
(b) constitutional bodies;
(c) Ministries, Departments, Agencies and local government authorities;
(d) the public service;
(e) autonomous agencies;
(f) statutory bodies;
(g) state owned enterprises and public corporations; and
(h) an entity owned by any of the entities under paragraphs (a) to (g) which intends to enter
into a partnership arrangement with a private party;
"contract award" means the award of a public private partnership contract to a private party by
a contracting authority in accordance with the provisions of this Act;
"contract management" means the process of managing and administering the public private
partnership project from the time the project was agreed at contract signature to the end of the
contract term;
"data room" means a facility which is set up by the contracting authority containing technical,
financial, legal, social, environmental and any other information that is relevant to the pre
qualified private parties to undertake the due diligence that is necessary prior to compiling
technical and financial proposals in furtherance of a request for proposals;
"diagnostic phase" means the phase of a public private partnership process that entails either
the pre-feasibility study, feasibility study or both:
“direct agreement" means an agreement between a contracting authority and the provider of
funds to a private party;
"District Assembly" includes a Metropolitan and Municipal Assembly;
“ domestic business" means any business that has been registered under the laws of the Republic
of Ghana;
"end user" means a person who benefits directly from the services of a project undertaken
through the implementation of a partnership arrangement;
"evaluation criteria" includes the criteria for the scoring framework used for the examination
of responses to request for qualification or request for proposals or other related examination
of responses to a specific partnership project in order to determine bidders' responsiveness,
qualification and suitability for the prospective award of a contract;
"evaluation of proposals" means a two-step evaluation of technical and financial proposals by
the panel set up in accordance with this Act;
"expert" means a person who has specialized and proven knowledge of a relevant discipline or
activity and may be in the nature of a consultant;
42

ct;
"expert" means a person who has specialized and proven knowledge of a relevant discipline or
activity and may be in the nature of a consultant;
42

"feasibility study" means a diagnostic study, undertaken with respect to a potential public
private partnership project, to appraise in final detail the strategic option adopted by
Government based on technical, financial, economic, legal, social and environmental
considerations and any considerations from any other relevant discipline prior to the placement
of the project on the market;
"Feasibility Study Report" means the report which is the outcome of a feasibility study;
"financial close" means the date at which all documentation for the financing of project
contracts have been signed by the parties to the contract and conditions precedent to the initial
drawing of the debt have been fulfilled;
"financial commitment" means a direct and contingent liability and commitment assumed by
the Government under a partnership agreement;
"financial proposal" means a proposal from a private party which indicates the
(a) concession fees that a private party proposes to pay to the Government; or
(b) tariffs payable to the private party and a tariff escalation formula, with or without a subsidy
from Government, as part of the mechanism to establish a financial equilibrium to the public
private partnership contract;
"forward commitment" means an undertaking by the Government for a future payment;
“ Guidelines" means the Guidelines issued by the Minister pursuant to section 87;
"local content" includes
(a) expertise development;
(b) utilisation of local expertise, goods and services;
(c) the financing and development of local capacities through education and skills transfer; and
(d) local equity participation in special purpose entity;
"margin of preference" means the specific arithmetical margin made pursuant to this Act and
contained in a public bidding document which may prescribe a criterion designed to assist
domestic businesses become more competitive in the partnership bids;
"marketing a project" means to bring the potential public private partnership project to the
attention of potential investors through advertisements, road shows, correspondence and any
other appropriate means;
"market sounding" means the process of assessing the reaction of the market to a proposed
project requirement and the level of market interest in the project;
"Minister" means the Minister responsible for Finance;
“Ministry" means the Ministry responsible for Finance'
“National Infrastructure Plan" means a plan which sets out the Infrastructure objectives of the
Medium-Term National Development Policy Framework and serves as a basis for Prioritising
infrastructure development for the achievement of national socio-economic development
43

pment Policy Framework and serves as a basis for Prioritising
infrastructure development for the achievement of national socio-economic development
43

"Net Present Value" means the discounted value of the cash inflows of an investment minus
the discounted value of the cash outflows of the investment',
"Office" means the Public Private Partnership Office established under section 26;
“ open book" means a method of procuring an unsolicited project where the contracting
authority signs the contract with the original proponent who receives a defined return and must
conduct a transparent bidding process for each component of the project in order to get the best
price;
"partnership" means a public private partnership;
"partnership agreement" means an agreement or concession between a contracting authority
and a private party for the implementation of a partnership project;
"partnership arrangement" means the legal, regulatory, contractual, financial, administrative
and other arrangements for and in respect of partnerships;
"partnership process" means the series of activities from the initiation of a partnership project
to the conclusion of a partnership project;
"partnership project" means a project or public service implemented under a partnership
agreement between a contracting authority and a private party in accordance with this Act;
"pre-feasibility report" means the report that emanates from a prefeasibility study;
"pre-feasibility study" means an intermediate diagnostic study undertaken to develop and
appraise the viability strategic options of a potential public private partnership project from a
technical, financial, economic, legal, social and environmental standpoint and any other
relevant disciplinary standpoint;
"preferred bidder" means a bidder who is selected by a contracting authority after evaluation
of bids based on a predetermined evaluation criterion as the party the contracting authority
intends to award a public private partnership contract subject to the completion of negotiations
and legal arrangements;
"private party" means a person from the private sector who enters into a partnership agreement
or undertakes a partnership project and includes a person who engages in a bidding process for
the award of a partnership project;
"private sector-led proposal" means an unsolicited proposal as defined in section 54;
"project" means an infrastructure project or related service undertaken between a contracting
authority and a private party under this Act;
"project agreement" means a contract or ancillary agreement concluded between a contracting
authority and a private party in relation to partnership project;
"project company" means a special purpose entity that has been incorporated in accordance
with the laws of the Republic of Ghana solely to implement a partnership project;
"Project Development Facility" means the facility established in section 77 for the purpose of
providing moneys to support the projects and services specified in subsection (2) of section 79;
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ility established in section 77 for the purpose of
providing moneys to support the projects and services specified in subsection (2) of section 79;
44

"project preparation" includes development of concept notes, pre-feasibility studies, feasibility
studies and other forms of appraisals of partnership projects;
"project structuring" means the allocation of responsibilities and risks to the parties to a public
private partnership agreement and the determination of a finance structure to a public private
partnership project;
"proponent of an unsolicited proposal" means a private party who submits an unsolicited
proposal;
"Public Investment Plan" means a plan of prioritised and costed capital projects consistent with
the Medium Term Fiscal Framework and the Medium Term Expenditure Framework approved
by Parliament;
"public private partnership" means a form of contractual arrangement or concession between a
contracting authority and a private party for the provision of public infrastructure or public
service traditionally provided by the public sector, as a result of which the private party
performs part or all of the Infrastructure or service delivery functions of Government, and
assumes the defined risks over a significant period of time;
"public private partnership agreement" means an agreement between a contracting authority
and a private party for the implementation of a partnership project;
"public private partnership arrangement" means the legal, regulatory, contractual, financial,
administrative and other arrangement for and in respect of partnership;
"public private partnership project" means a public infrastructure project or public service
implemented under a partnership agreement between a contracting authority and a private party
in accordance with this Act;
"Public Procurement Authority" means the Public Procurement Authority established under
the Public Procurement Act, 2003 (Act 663);
"public sector comparator" means
(a) the most efficient public procurement cost of a project including all capital and operating
costs and share overheads which have been adjusted for risk to achieve the required service
delivery outcomes; and
(b) the tool used as a benchmark to compare the projection of cost estimates for the contracting
authority under the public private partnership option to determine whether that option offers
value for money;
"public sector project" means a project which is stated in the National Plan, the National
Infrastructure Plan, the Public Investment Plan or the District Development Plan and other
approved Sector Plans;
"Regional Coordinating Council" means the Council established under section 186 of the Local
Governance Act, 2016 (Act 936);
"Regulations" means the Regulations made under Act;
45

l" means the Council established under section 186 of the Local
Governance Act, 2016 (Act 936);
"Regulations" means the Regulations made under Act;
45

"Request for Qualification" means a formal submission to a contracting authority by a private
party stating its intention to be pre-qualified and short-listed for the bidding process of a
partnership project;
"request for qualifications" means a request which is lodged by a contracting authority to
shortlisted private parties to seek evidence of their ability to undertake the obligations of a
private party in a public private partnership project;
"Seal of Quality" means a certificate granted by the Minister stating that the Ministry is
confident that the partnership project has a positive economic and financial Net Present Value,
and is technically, financially and economically viable;
"security services" includes
(a) Armed Forces;
(b) Police;
(c) Immigration Service;
(d) Ghana National Fire Service;
(e) Prisons Service; and
(f) other intelligence agencies;
"selection of pre-qualified bidders" means the process under which responses to a request for
qualification are evaluated and a short list is compiled of potential private parties who
demonstrate the ability to undertake the obligations of a public private partnership project;
"small project" means a partnership project with a capital expenditure threshold of up to the
Ghana Cedis equivalent of two million United States Dollars',
"special purpose entity" means a company incorporated in Ghana by the successful bidder for
the sole purpose of executing the public private partnership contract awarded;
"stakeholders' forum" means a forum held to inform the stakeholders of a public private
partnership project of the objectives, scope or impact, of a proposed public private partnership
project, the connection between the public private partnership project and the relevant sector
plan, rationale for implementing the project as a public private partnership project and the
implication of the public private partnership project on end-user charges or tariffs, among
others;
"standardised document" means a document which has been approved by the Office in
consultation with the Office of the Attorney-General and Ministry of Justice, as a generic
document that may be used by a contracting authority for the project of the contracting
authority by making project specific modifications in the manner specified in the document or
by an order of the Agency;
"state-owned enterprise" means an entity whether or not incorporated under the Companies
Act, 2019 (Act 992) whose shares are wholly held or controlled by Government;
"technical proposal" means a proposal from a private party providing details on the strategic,
planning, organisational, operational, engineering, financial and other corporate arrangements
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a private party providing details on the strategic,
planning, organisational, operational, engineering, financial and other corporate arrangements
46

of the private party that underpins the service delivery of the private party under a public private
partnership contract;
"technology transfer" means transfer of expertise and technological knowledge;
"transaction advisory services" means external advisory services rendered in respect of the
diagnostic or implementation phases, or both phases of a public-private partnership process;
"unsolicited proposal" has the meaning assigned to it by section 54-,
"user levy" means a toll, fee, tariff, charge or similar monetary value that a contracting authority
may grant a private party to levy and recover moneys from the user of a partnership project for
use of any service or output;
"value for money" means a net benefit that accrues to the contracting authority in terms of cost,
price, government support in the form of viability gap funding and tax exemptions, quality,
timeliness and risk transfer as compared to the public sector comparator; and
"Viability Gap Facility" means a facility for providing grants or other financial support to
projects that are economically viable but not financially viable.

ty Gap Facility" means a facility for providing grants or other financial support to
projects that are economically viable but not financially viable.

Section 89—Savings and transitional provisions
(1) A partnership agreement entered into before the coming into force of this Act shall be
governed by the laws that existed at the time the agreement was executed. (2) The contracting authority shall, within twelve months after the coming into force of this
Act, register all public private partnership projects that existed before the coming into force of
this Act with the Office. (3) A contracting authority that has entered into a partnership agreement before the coming
into force of this Act, shall within three months after the coming into force of this Act, submit
three copies of the partnership agreement to the Office. Section 90—Consequential amendments
The Fees and Charge (Miscelleneous Provisions) Act, 2018 (Act 983) is amended in section 3
by the addition of a new subsection (4) as follows:
"(4 ) Where a public private partnership agreement is approved by Parliament or the General
Assembly of a local government authority, the fees and charges shall be determined and fixed
by the partnership and adjusted periodically as provided by the partnership.".

overnment authority, the fees and charges shall be determined and fixed
by the partnership and adjusted periodically as provided by the partnership.".

SCHEDULES
FIRST SCHEDULE
THRESHOLDS FOR APPROVAL AUTHORITIES
(sections 12 (c), 13 (b), 16, 20(e), 31(5), 52(2) and 53(3))
Criteria Approval Authority Notes
47

S
FIRST SCHEDULE
THRESHOLDS FOR APPROVAL AUTHORITIES
(sections 12 (c), 13 (b), 16, 20(e), 31(5), 52(2) and 53(3))
Criteria Approval Authority Notes
47

Partnership Projects which require the Republic of Ghana to comply with article 174 or 181
of the Constitution. Parliament This shall be applicable irrespective of the financial
threshold or capital outlay of the project. Partnership Projects with an estimated capital cost of project exceeding the Ghana Cedi
equivalent of two hundred million United States Dollars (Dollars (USD200m). Cabinet
The amount established at feasibility study stage shall be used to determine the
threshold. Partnership Projects with an estimated capital cost of not more than the Ghana Cedi equivalent
of two hundred million United States Dollars (Dollars (USD20Om). Public Private
Partnership Committee The amount established at feasibility study stage shall be used to
determine the threshold.

s (Dollars (USD20Om). Public Private
Partnership Committee The amount established at feasibility study stage shall be used to
determine the threshold.

Partnership Projects undertaken by Metropolitan, Municipal and District Assemblies with
estimated capital cost of less than
(a) the Ghana Cedi equivalent of one million United States Dollars (USD 1m) in the case of a
District Assembly;
(b) the Ghana Cedi equivalent of two million United States Dollars (USD 2m) in the case of a
Municipal Assembly;
(c) the Ghana Cedi equivalent of five million United States Dollars (USD 5m) in the case of a
Metropolitan Assembly. General Assembly of the Metropolitan, Municipal and District
Assemblies for Local Government Authority projects The amount established at pre
feasibility or feasibility study stage shall be used to determine the threshold. SECOND SCHEDULE
PUBLIC PRIVATE PARTNERSHIP ARRANGEMENTS
(section 56)
The following Public Private Partnership arrangements with their variations and combinations
may be entered into by the Contracting Authority for undertaking any Public Private
Partnership Project.

ements with their variations and combinations
may be entered into by the Contracting Authority for undertaking any Public Private
Partnership Project.

The arrangements enumerated in this Schedule are indicative in nature and
the contracting authority may evolve and arrive at such agreement or arrangement
incorporating any of the arrangements enumerated hereinafter or any other arrangements as are
necessary or expedient for any specific project subject to the extent of financial and technical
involvement and risk taken by the private party and upon approval of the Minister. 1. Build Own Operate (BOO): A contractual agreement that authorises a private party to
finance, build, manage, operate as well as maintain the infrastructure facility and provide
services for a defined period of time. Private party remuneration is either through user charges,
government budgets, or a combination of both. The transfer of the project to the government
or the contracting authority is not envisaged in this structure. 2. Build, Own, Operate and Transfer (BOOT): A contractual agreement in which the private
party designs, finances, builds, operates and maintains an infrastructure facility for a specified
48

T): A contractual agreement in which the private
party designs, finances, builds, operates and maintains an infrastructure facility for a specified
48

time period, after which the private party transfers the facility to the contracting authority
During the, term of the contract the private party holds the legal and economic rights to the
asset. The private party recoups their investment either through user charges, government
budgets, or a combination of both. 3. Build, Operate and Transfer (BOT): A contractual arrangement where the private party
finances, constructs operates and maintains an infrastructure facility and transfers the facility
to the contracting authority at the end of a specified term, Legal ownership of the asset shall
remain with the government or contracting authority for the duration of the contract agreement. The private party recoups their investment either through user charges, government budgets,
or a combination of both. 4. Build, Transfer and Operate (BTO): A contractual arrangement where the private party
constructs an infrastructure facility and assumes the costs and risks associated with the
construction of the building and upon completion, transfers ownership of the facility, both
legally and economically to the contracting authority.

the
construction of the building and upon completion, transfers ownership of the facility, both
legally and economically to the contracting authority.

Operation of the facility is done on behalf
of the contracting authority. Remuneration of the private party is either through user charges,
government budgets, or a combination of both. 5. Concession: Where a contracting authority issues a contractual licence to the private party
to operate, maintain, rehabilitate or upgrade an infrastructure facility and to charge a user fee
while paying a concession fee to the contracting authority. 6. Design, Build, Finance, Operate and Maintain (DBFOM): A contractual agreement which
enables the private party to design, build, finance, operate and maintain an infrastructure
facility for a specified period of time, after which the facility is transferred to the contracting
authority. Legal ownership of the asset for the duration of the contract agreement remains with
the government or contracting authority. The private party recoups their investment either
through user charges, government budgets, or a combination of both. 7.

ent or contracting authority. The private party recoups their investment either
through user charges, government budgets, or a combination of both. 7.

Develop, Operate and Transfer (DOT): A contractual arrangement where favorable
conditions external to a proposed infrastructure project by a private party are integrated into
the arrangement by giving that private party the right to develop adjoining property and enjoy
the benefits the investment creates as the parties agree on condition that the private party
transfers the infrastructure facility to the contracting authority within a specified period and the
developed property remain the property of the private party in perpetuity. 8. Operation and Maintenance (O&M): A contractual agreement in which the private party is
responsible for the operation, maintenance and management of an infrastructure facility for a
specified period of time and the contracting authority retains ownership of the facility and
capital assets. Under the public private partnership, they are typically performance-based, long
term, and require substantial private capital investment. 9.

assets. Under the public private partnership, they are typically performance-based, long
term, and require substantial private capital investment. 9.

Rehabilitate, Operate and Transfer (ROT): A contractual agreement where the private party
refurbishes, operates and maintains for a specified period, an existing facility at the expiry of
which the private party transfers the facility to the contracting authority. THIRD SCHEDULE
MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO
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e expiry of
which the private party transfers the facility to the contracting authority. THIRD SCHEDULE
MINIMUM CONTRACTUAL OBLIGATIONS REQUIRED TO
49

BE SPECIFIED IN PROJECT AGREEMENT
(section 58 (11))
1. The nature and scope of works and services that the parties shall carry out and the conditions
for their implementation. 2. The rights of a contracting authority, the project company and where applicable, the lender,
in relation to the project including step-in rights of lenders. 3. A description of any property to be contributed by a party to the project agreement. 4. A description of any utilities to be provided in relation to the project and the responsibility
of the project. 5. The ownership of the project assets, the obligations of parties related to the hand-over and
receipt of the project site. 6. The responsibility of obtaining authorisations, permits and approvals. 7. A description of any sharing of revenue between the contracting authority and the private
party. 8. Mutual financial obligations and their relation to the funding mechanism including the
requirements relating to performance bonds and guarantees. 9. The preparation and submission of financial and other reports and the carrying out of
financial audits in relation to the project. 10.

guarantees. 9. The preparation and submission of financial and other reports and the carrying out of
financial audits in relation to the project. 10.

The end-user levy, tariff or the viability gap funding on which the project is based and the
rules for its determination and amendment, either by an increase or decrease, as well as the
indexation mechanisms to reflect inflation or changes in the interest rate, if required. 11. The means of quality assurance and quality control and supervision as well as
administrative, financial and technical monitoring of the project operation, utilisation and
maintenance. 12. The extent of the right of the contracting authority to vary the conditions of the project and
other obligations imposed on private party and the basis and mechanisms of compensation for
any loss resulting from the variation order. 13. The types of insurance to be taken for the project and the risks of its operation or utilisation,
executive warranties issued in favour of the public authority and provisions and procedures
for their release. 14. The basis of risk allocation in respect of a change in the law, unforeseeable accidents, force
majeure or discovery of antiques, as the case may be, and the resultant compensation. 15. The duration of the contract. 16.

reseeable accidents, force
majeure or discovery of antiques, as the case may be, and the resultant compensation. 15. The duration of the contract. 16.

Early termination events under which a party may terminate the contract prior to the expiry
of the project agreement and the rights of the parties in relation to the termination. 17. The process of handing over the project on expiry or on termination of the project
agreement by a party to the agreement. 50

18. Mechanism for dispute resolution including resolution of disputes by way of arbitration or
any other amicable dispute resolution mechanism.
19. The events giving rise to compensation and the mechanisms for payment of the
compensation or penalties.
20. Performance securities required when undertaking a project, the value and renewal
mechanisms.
21. Appointment of independent experts or engineers.
22. Direct agreements and lenders rights where applicable.
23. Termination and expiry of the project agreement.
24. Obligations of undertakings and warranties by contracting parties.
25. Cases of emergency step-in by either contracting authority or lenders in case of private
party default.
Date of Gazette Notification : 29th December, 2020
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