JoiNr VExrunss No.6/2$15 Cap" 22t22 shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonnrent for a period not exceeding.three years, or to both such fine and such imprisonment. '/-2 Unsolicited bids or expressions of interest (1) In this section"unsolicited bid for, or expression of interest" means a proposal that is prepared or made without the invitation, solicitation, supervision or request of a contracting authority in terms of section 8, made solely at the initiative of the prospective counterparty, and "unsolicited bidder" shall be construed accordingly. (2) Any unsolicited bid or expression of interest in a joint venture by a prospective counterparty with an identif,ed contracting authority must be referred by the contracting authority to the Unit' (3) Once the Unit receives the unsolicited bid or expression of interest it shall consult with the relevant contracting authority for a preliminary assessment, within a period of fourteen days , as to whether the joint venture of the type proposed is acceptable or not. If the assessment and consultation in terrns of subsection (3) detennines that the joint venture proposed by the unsolicited bid or expression of interest is of a type thatis acceptable, the ijrrit shall seekthe approvll of the Committee for the contracting authority to conduct a feasibility study at the cost of the unsolicited bidder. (5) If however the assessment and consultation determines that the joint venture being proposed is unacceptable, the Unit shall advise the unsolicited bidder (4) and contracting authority accordingly. PARTV CoNcr-usror.r op Jonvr \Imrrunr Acnm,praNrs 13 Award of proiect and signatureof agreement (l) Subject ro subsection (2) and section 8(4), no contracting authority shall award a project or sign a joint venture agreement relating to the project unless the joint vsnture agreement has been approved by the Cabinet in accordance with this Act, and any agreement required to be so approved that is purported to be concluded without such approval shall be null and void. (2) A joint venture agreement relating to a project referred to in section 8(3Xd) (i) cr 8(3)(d)(itA (tnat is ro say a project in respect of rvhich the Cabinet has directed that the contracting authority concerned must receive tenders for the project from proposed counterparties in accordance with the law relating to public procurement) *uy b" concluded upon awarcl of the tender without Cabinet approval: Provided that the Cabinet may (il (ii) nullify- the award; or the agreement conclucled as the result of the award at any time before the execution of the Project; if the Cabinet deems it to be in the national interest to do so. (3) Any employee of a contracting authority who knowingly concludes a joint venture agreement in contravention of this Act shall be guilty of an offence and be liable to a fine not exceeding level eight or to imprisonment for a term not exceeding tluee vears, or to both such fine and such impdsonment' 142 {