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{
    "id": 701081,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/701081/?format=api",
    "text_counter": 216,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Shaban",
    "speaker_title": "",
    "speaker": {
        "id": 139,
        "legal_name": "Naomi Namsi Shaban",
        "slug": "naomi-shaban"
    },
    "content": "design or management of a project, or for the provision of public services undertaken as a PPP. This new section comprehensively deals with instances where the Act applies. The amendment contained in Clause 4 introduces a new Section 3A which expressly exempts the contracts under the Act from the requirements of the Public Procurement and Asset Disposal Act, 2015. Clause 5 of the Bill seeks to amend Section 15 of the Act by including county governments as one of the entities that the Cabinet Secretary (CS) shall make rules for with regard to its relationship with the unit. Previously, the county governments had not been included under this provision. Clause 6 of the Bill actually repeals Section 20 of the Act. Clause 7 of the Bill amends Section 24(1) of the Act by requiring that the county priority list shall be subject to approval by the county Government and submitted to the unit for publication alongside the national Government priority list. This makes it mandatory for the county priority list to be approved by the county governments. Clause 8 of the Bill amends Section 31(3) by requiring a contracting authority that considers it appropriate to implement a project through a public private partnership to submit a report on consideration, analysis and a project proposal in relation to the project, to the units for approval in the prescribed form as opposed to the committee, which was the case previously. This is in line with Sections 23 and 24 whereby, the contracting authority submits the list to the units which in turn submit to the committee. Clause 9 of the Bill amends Section 49 of the Act by providing that the contracting authority shall submit evaluation report to the unit for concurrence as opposed to the previous position whereby they submitted evaluation reports to the committee for approval. This is in line with the practice of contracting authority submitting reports to the units as opposed to the committee. Ultimately, the report is submitted to the committee for approval by the unit. Clause 10 of the Bill amends Section 51 of the Act by introducing five new sub-sections. The proposed sub-sections provide that the proposal evaluation team may reject all submissions by bidders where they do not comply with the provisions. The proposal evaluation team is also required, where it rejects a submission, to prepare and submit to the Accounting Officer. The Accounting Officer is then required to inform the bidder of the decision of the contracting authority. The purpose of this amendment is to outline the process to be followed in case a bid is rejected which had not been provided for. Clause 11 of the Bill amends Section 54 of the Act by deleting 54(2) and substituting it with a new sub-section which provides that if the committee is satisfied with the project report, financial risk assessment report under recommendation of the unit, it shall approve the execution of the public private partnership agreement with the successful bidder. Clause 12 of the Bill introduces a new Section 54A which provides the procedure for county governments public private partnership projects. Finally, Clause 13 of the Bill amends Section 67 of the Act by deleting 2(b) and substituting with a new paragraph which provides for a minimum of six members and a maximum of eight members to be appointed as members of the petition committee. Previously, the number of these members was determined by four only. Further, Paragraph (c) which also includes the unit director as a member of the petition committee is proposed to be deleted. This may not be advisable as the unit director is quite knowledgeable in the affairs of the unit and his input is necessary when determining petitions and complaints. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}