Development of Policy, Legal, and Insitutional Framework for - ppiaf

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
6.1 After the procurement procedure has been concluded but before the Controlling
Officer of a Government Authority concludes a Public-private partnership agreement,
that
Controlling Officer must obtain approval from the Ministry of Finance –
(a) that the Public-private partnership agreement meets the requirements of
affordability, value for money and substantial technical, operational and
financial risk transfer as approved in terms of regulation 4.2 or as revised in
terms of regulation 4.4;
(b) for a management plan that explains the capacity of the Government
Authority, and its proposed mechanisms and procedures, to effectively
implement, manage, enforce, monitor and report on the PPP; and
(c) that a satisfactory due diligence including a legal due diligence has been
completed in respect of the Controlling officer’s and the proposed partner in
relation to matters of their respective competence and capacity to enter into the
Public-private partnership agreement.
6.2 The Ministry of Finance approval referred to in regulation 6.1 shall be referred to as
Ministry of Finance Approval Level III.
7 Management of Public-private partnership agreements
7.1 The Controlling Officer of the Government Authority that is party to a Public-private
partnership agreement is responsible for ensuring that the Public-private partnership
agreement is properly implemented, managed, enforced, monitored and reported on,
and must maintain with the assistance of the Agency such mechanisms and procedures
as approved in the Ministry of Finance Approval Level III for –
(a) measuring the outputs of the Public-private partnership agreement;
(b) monitoring the implementation of and performances under the Public-private
partnership agreement;
(c) liaising with the partner;
(d) resolving disputes and differences with the partner;
(e) generally overseeing the day-to-day management of the Public-private
partnership agreement; and
(f) reporting on the Public-private partnership agreement in the Government
Authority’s annual report.
7.2 A Public-private partnership agreement involving the performance of an
infrastructure facility does not divest the Controlling Officer of the Government
Authority concerned of the responsibility for ensuring that such infrastructure facility is
effectively and efficiently performed in the public interest or on behalf of the public
service.
7.3 A Public-private partnership agreement involving the use of Government property
by a partner does not divest the Controlling Officer of the Government Authority
concerned of the responsibility for ensuring that such Government property is
appropriately protected against forfeiture, theft, loss, wastage and misuse.
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 136