Section 27, The Public Private Partnership Act, 2014

(1) The functions of the Unit shall be as follows: (a) develop public awareness, education and sensitization about PPP Projects; (b) initiate PPP Projects from time to time as required; (c) conduct implementation reports for PPP Projects and appoint appropriate advisers to produce them; (d) in close consultation with the relevant contracting party carry through the procurement process specified in Part VII for the selection of private partners for PPP Agreements and provide support and advice to the contracting authority on the tender process, selection of private partners, corporate social responsibility and other aspects of PPP Projects; Functions of the Unit. Establishment of the Unit. No. 11 Public Private Partnership Act 2014 No. 11 Public Private Partnership Act 201424 25 (e) liaise with the contracting authority at all stages of the PPP Agreement, but particularly with respect to PPP Projects proposals, value for money assessment, the output specification, the performance measurement system and the payment mechanism, prequalification criteria in private partner selection process, assessing technical proposals, negotiating and drafting PPP Agreements, continued monitoring of PPP Agreements by the contracting authority, and analysing the lessons learnt; (f) liaise with NPPA, pursuant to Section 38, to ensure transparency and compliance with private partner selection process; (g) coordinate activities of the Government of Sierra Leone in relation to PPP Projects, including promotion of the social PPP projects in the area of corporate social responsibility; (h) manage the private partner selection process for PPP Projects; (i) support negotiations of PPP Agreements for PPP Projects with the contracting authority; (j) ensure continued monitoring and evaluations of PPP Agreements by the PPP Unit if there is no statutory utility sector regulator; (k) Process all unsolicited proposals for PPP Projects, in accordance with Section 26 (4) d, e and subsection 5. (2) In the light of the above, the Unit will further be required to undertake the following activities:- (a) develop, for consideration by the Cabinet, decisions relating to this Act; (b) develop technical and best practice guidelines in relation to PPP Agreements; (c) provide assistance to contracting authorities in respect of PPP Agreements; (d) provide training for contracting authorities in respect of PPP Agreements; (e) consider for approval, modification or rejection all pre-feasibility studies regarding PPP Projects submitted by contracting authorities pursuant to Section 36(2); (f) assist the contracting authority with the preparation of the feasibility study for a proposed PPP Project as required by Section 36(3); (g) consider each PPP Project proposal developed by a contracting authority, with the accompanying feasibility study, and give recommendations to the applicable contracting authority as to whether the proposed PPP Project- (i) is affordable to the contracting authority; (ii) ensures value for money; (iii) the appropriate transfer of risk and (iv) is otherwise feasible; No. 11 Public Private Partnership Act 2014 No. 11 Public Private Partnership Act 201426 27 (h) make recommendations for the consideration of Cabinet in respect of PPP Project proposals and feasibility studies submitted by contracting authorities pursuant to section 36(3); (i) provide recommendations for approval, modification or rejection of requests for written authorization to issue a request for submission of expressions of interest; (j) consider for approval, modification or rejection all pre-selection reports; (k) in regard to complex PPP Projects, make recommendations for the consideration of the Cabinet in respect of requests for proposals, based on a full legal, technical and financial analysis of each proposed PPP Agreement, including an analysis of investment incentives offered to a private partner by or on behalf of a contracting authority; (l) make recommendations for the consideration of the Cabinet in respect of proposed PPP Agreements; (m) monitor all on-going PPP Projects managed by contracting authorities, and provide advice and support to contracting authorities in relation thereto; (n) monitor that each contracting authority develops and implements a public awareness strategy pursuant to Section 27(a) on the objectives, structure and progress of each PPP Project being undertaken by the contracting authority; (o) provide annual reports for the consideration of the Cabinet regarding the management by contracting authorities of all on-going PPP Projects; (p) provide emergency reports, as required, to the Cabinet regarding the management by a contracting authority of any PPP Projects under stress; (q) prepare, when appropriate, standardised terms of reference for consultants engaged by contracting authorities, standardised bidding documents for selection of the private partner in the PPP Agreement and standard PPP Agreement provisions; (r) in liaison with the Sierra Leone Investment and Export Promotion Agency, facilitate and market investment into PPP Projects; (s) perform due diligence exercises on the potential private partners in the PPP Projects, as appropriate; and (t) perform such other functions provided for under this Act, or as may be assigned by the President.