Section 25, The Public Private Partnership Act, 2014

(1) The Minister shall initiate and direct PPP Projectswithin his ministry in accordance with this Act. (2) With regard to all PPP Projects, it shall be the function of the President or Cabinet to consider for approval, modification or rejection of the following:– (a) initial PPP Project proposals prepared pursuant to subsection (3) of section 36, taking into account the results of the required feasibility study and the recommendations of the Unit made pursuant to subsection (2) of section 27 as well as the recommendations of the Minister; (b) revised PPP project proposals prepared pursuant to section 37; (c) negotiated PPP Agreements prepared prior to commercial close pursuant to subsection (1) of 52; and (d) in the event that there is a revision to a negotiated PPP Agreement prior to a financial close, the revised PPP Agreement prepared pursuant to subsection (1) of section 52; (3) With regard to complex PPP Projects, it shall also be the function of Cabinet, to consider for approval, modification or rejection– Termination Agreement by either party. Compensation upon termination of a PPP Management of PPP Winding up and transfer measures Approval of PPP Projects and other functions of Cabinet No. 11 Public Private Partnership Act 2014 No. 11 Public Private Partnership Act 201422 23 (a) draft requests for proposals prepared pursuant to Section 44 (4), prior to delivery to pre-selected bidders; (b) evaluation reports prepared pursuant to Section 51 (2); (4) It shall also be the function of Cabinet to- (a) approve or reject any requests for negotiation of a PPP Agreement submitted pursuant to Section 53; (b) review the annual reports of the Unit submitted pursuant to Section 27 (2) (o); (c) resolve, on an emergency basis, any issues relating to the PPP Projects, as may be raised by the Unit or as may be raised by Cabinet on its own initiative, and take such decisions as may be required; (d) refer any unsolicited proposals received by it to an appropriate contracting authority for examination and evaluation pursuant to section 60, once the proponents have submitted an independent feasibility report; (e) refer all unsolicited proposals to the agreed 'Swiss Challenge' or similar market test procedures, except under subsection (4) (d) of section 25. (5) Swiss Challenge or similar market test procedures may be deemed unnecessary by Cabinet on the grounds of and for the reasons that: the project was advanced at the time the Act came into force or there would be undue delay in project delivery; or the clear competitiveness of the private sector investment plan; or acceptable track record of delivery of similar projects; or proven value for money. In any of these cases to support transparency the contracting authority will set out the basis for the decision to the public. (6) The PPP Agreement shall be subject to ratification by Parliament. PART IV- ESTABLISHMENT OF THE PUBLIC PRIVATE PARTNERSHIP UNIT AND RELATED PROVISIONS