Cap" 22:22
Jouqr VsNrunss
.
Ns. 6/?S15
servi,ce provided by it to enable the counterparty to recover its investment
together with a fair return thereon;
"value for moneSr" in relation to a joint venture agreement, means that the
agreement will result iu a net benefit to users or consumers of the facility
or service availed by the completion of the agreed project in terms of
cost, delivery, price, quality, quantity, timeliness or risk transfer, or any
combination thereof.
(2) In this Act, "joint venture agreement" means an agreement between
contracting authority and
a
(a)
counterpafiy, approved under this Act, in terms of which
the counteqprty rnderlakes to perform a contracting authority's function
on behalf of the contractitg authority for a specified period; and
(b)
the counterparty receives a benefit for performing the function by rvay
a
of(i) compensation from funds appropriated by Parliament; or
(ii) funds obtained by way of loan by the contracting authority;
(iii) user levies; or
or
(iv) revenue generated from the project; or
(v) any combination of the foregoing;
and
(c)
the counterparty is liable for the risks arising from tlre.performance of its
function; and
(d)
public resources may be transferred or made available to the counterparty;
and includes any of the types of agreement specified in Part
FART
II of the Schedule.
II
Jon{r VsNrr"rRE UNTI
3
Joint Venture Unit
There is hereby established for the purpose of this Act a unit to be known as
the Joint Venture Unit, which shall be a department of the Ministry and shall be under
the control and supervision of the Secretary.
( 1)
(2) The functions of the Unit shall
(a)
be-
to consider project proposals submitted to
it
and assess whether or not
they-
(i)
(ii)
(iii)
are affordable to the contracting authority; and
provide value for money; and
provide for the optimum transfer of technical, operational and
financial risks to the counterparty; and
(iv)
are competitive:
and to make recommendations on such proposals to the Committee;
(b)
to examine requests for project proposals to ensure they conform with
the approved feasibility studies; and
(c)
(d)
to advise Government on joint venture projects gerrerally; and
to develop best practice guidelines in relation to all aspects of joint
ventures: and
(e)
to assist the Committee to formulate policy in relation to joint venture
projects; and
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