ADVOKS GLOBAL · KENYA
Public Private Partnerships Act
42. Evaluation of privately-initiated proposals
Edition: 2022-12-31 · In force
42. Evaluation of privately-initiated proposals
(1)The Directorate shall, in consultation with the contracting authority, in evaluating a privately-initiated proposal with a view to determining its suitability for further development as a public private partnership project, establish evaluation criteria for the proposal.(2)The private party shall not be required to submit additional proposals to the contracting authority or the Directorate during the evaluation of the privately-initiated proposal.(3)The evaluation criteria established under subsection (1) shall include—(a)public interest criteria;(b)project feasibility criteria;(c)public private partnership suitability criteria; and(d)affordability criteria.(4)If requested by the Directorate or a contracting authority, the private party shall provide any clarifications or additional information on the privately-initiated proposal in written form.(5)The Directorate and contracting authority shall, in consultation with relevant government departments, evaluate the proposal against the evaluation criteria within ninety days from the date the proposal is submitted to the Directorate.(6)The Directorate shall prepare a detailed assessment report on the privately-initiated proposal based on the evaluation criteria established under subsection (1) and make recommendations to the Committee within five working days after concluding the evaluation on whether or not the project can proceed to the project development phase.(7)The Committee shall, within fourteen working days of receiving the report under subsection (6), determine whether or not the proposed project may proceed to the project development phase, and provide guidance on the procurement method that shall be applied to the said project.(8)In making its determination under subsection (7), the Committee shall take into consideration—(a)the assessment report submitted under subsection (6);(b)the review and recommendations of the Directorate; and(c)any benchmarking or market testing results.(9)The approval of a privately-initiated proposal shall not create an obligation on the part of the Directorate, contracting authority or Government toward the private party.