Public Private Partnership Committee is established by the PUBLIC PRIVATE PARTNERSHIP ACT, 2020 (Act 1039), for the purpose of considering requests of contracting authorities to undertake public private partnership projects.
Functions of the Public Private Partnership Committee.
The Public Private Partnership Committee shall
(a) approve public private partnerships subject to this Act and the Regulations;
(b) examine and grant approval for the feasibility study conducted by a contracting authority under this Act;
(c) consider and grant approval for the Bid Evaluation Report submitted by a contracting authority under this Act;
(d) consider the report on negotiation and the corresponding public private partnership project;
(e) consider the concession agreement for approval or recommendation to Cabinet and Parliament for approval in accordance with sections 12 and 13 and the First Schedule;
(f) determine matters concerning the cancellation of a tender;
(g) review the legal, institutional and regulatory framework of public private partnerships;
(h) recommend for approval, financial support and any other form of support granted by the Government in the implementation of projects under this Act;
(i) ensure fiscal accountability in the management of financial and any other form of Government support for public private partnerships;
(j) grant exemptions from applications of any specified procedures in respect of small projects in accordance with this Act;
(k) consider requests relating to unsolicited proposals; and
(l) perform any other function as may be conferred on the Committee under this Act or any other legislation.
Composition of the Public Private Partnership Committee
(1) The Public Private Partnership Committee consists of
(a) the Minister as the chairperson; (b) the Attorney-General and Minister responsible for Justice; (
c) the Minister responsible for Trade and Industry;
(d) the Director-General of the National Development Planning Commission;
(e) the Chief Executive Officer of the Ghana Investment Promotion Centre;
(f) the Chief Executive Officer of the Public Procurement Authority;
Meetings of the Public Private Partnership Committee
(1) The Committee shall meet at least once every two months for the conduct of business at a time and place determined by the chairperson.
(2) An Executive Committee of a local government authority shall meet as and when necessary to deliberate on a public private partnership project.
(3) The chairperson shall, at the request in writing of not less than four members of the Committee, convene an extraordinary meeting of the Committee at a time and place determined by the chairperson.
(4) The quorum at a meeting of the Committee is five members of the Committee.
(5) The Committee may co-opt a person to attend a meeting of the Committee but that person shall not vote on a matter for decision at the meeting.
(6) The chairperson shall preside at meetings of the Committee and in the absence of the chairperson, a member of the Committee elected by the members present from among their number shall preside.
(7) Matters before the Committee shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(8) Subject to the provisions of this Act, the Minister shall issue guidelines on the procedure for meetings and the keeping of records of the meetings of the Committee.
(9) For purposes of a public private partnership arrangement, the provisions of this section, other than subsection (4), apply to an Executive Committee of a local government authority.
(10) In the case of a local government authority, the quorum shall be half of the membership of the committee