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Important Developments

The latest review dated November 2013 concurred with this conclusion and suggested a list of amendments most notably to develop a logical progression in the preparation and  procurement of projects and to comply with the processes for project preparation and  procurement currently being developed. The main recommendations for amendment are:

•Article 8. Authority of the Government The roles of the Government have been clarified here to ensure that there is no  overlap or responsibilities within government, which is something that commonly  causes problems for the private partner in countries seeking to implement PPP
Projects. The Government now endorses public policy and development  programs as implementing public policy and development programs is also the  responsibility of the Authorized Public Body.

•Article 9. Authority of the Authorized Public Body
The changes to this Article have been made to give the Authorized Public Body  the ability to promote and market PPP Projects and to prepare standard  guidance and contractual documentation, which are roles that are normally  assigned to such a body in accordance with international best practice

•Article 12. Government Financial Support The power for the Government to provide minimum revenue guarantees in order  to support the financial viability of the project, foreign exchange and interest rate  fluctuation guarantees has been added, together with the ability to provide  foreign exchange and interest rate fluctuation guarantees. Many projects  internationally require income support, at least in the commencing years of the  project and so it would be useful to allow for this in the law. Therefore minimum  income guarantees, foreign exchange and interest rate fluctuation guarantees  may be desirable for some projects.

•Article 14. Government Guarantees T
his has been changed to clarify that the provisions relate specifically to changes  in law

•Article 15. PPP Project Stages  
The Project stages have been changed in accordance with discussions during  the review process and to comply with proposals for regulations and decrees.

The stages now are:

(i) PPP Project Identification

(ii) PPP project preparation;

(iii) PPP project tendering;

(iv) PPP project implementation.

•Article 20. PPP project proposed by private partner

The process for unsolicited bids now requires that, once bids have been shown  to be in the public interest, then the projects go through the full procurement  procedure summarized in Article 15, referred to above, to ensure that the due  process is followed irrespective of how inception occurred. Expenses claimed by  the bidder for feasibility studies now have to be reasonable and demonstrated.  Consideration may be given to whether further incentives could be provided to a  private partner who comes forward with an unsolicited bid, as is done on a  number of other countries.