Section 4: Responsibilities of contracting authority
This section is inserted by Act No 14 of 2019, section 28.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Responsibilities of contracting authority
(1) A contracting authority shall, for the purposes
of this Act –
(a) identify a project to be implemented under
this Act;
(b) submit to the BOT Projects Unit a project
brief for the registration of a project;
(c) structure a project, with the assistance
of the BOT Projects Unit, to ensure value
for money;
(d) seek approval of Cabinet to proceed with
a project;
(e) seek approval of Cabinet prior to signing
an agreement;
(f) furnish such information, record or other
document as the BOT Projects Unit may
require with respect to a project.
(2) For the purposes of this Act, a contracting
authority shall set up a project team and designate a suitable
and qualified project officer who shall be capable of effectively
managing a BOT Project.
(e) by repealing section 5;
(f) in section 6(1), by deleting the words “performance of
one or more of the functions of that contracting authority”
and replacing them by the words “provision of goods,
works or other services”;
(g) by repealing sections 8 and 9;
460 Acts 2019
(h) by repealing section 10 and replacing it by the following
section –
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Questions this section answers
- Does a contracting authority need Cabinet approval before signing a PPP agreement?
- Must a contracting authority set up a project team for a PPP project?