The PPP Law No. (31) for the year 2104 was issued to form a comprehensive general framework and legal reference for the implementation of Public-Private Partnership projects in Jordan . The law includes all general rules and special procedures governing these projects in all sectors to ensure that the government does not have to issue a special law when implementing PPP projects for each sector.
Extremely and as equally important to investors are the means by which partnership projects are prepared , launched and evaluated by the government and because of the large size of most of these projects, participation in the bidding process can be a difficult and expensive procedure, so participants prefer to make sure the integrity and transparency of the process, and if there is a lack of clear principles in the tender process, the proceedings will be long and expensive.
Accordingly , the Ministry of Finance and based on the requirements of the PPP Law has issued the PPP Regulation No. 98 of 2015 , which includes all guidelines necessary for conducting feasibility studies and objective evaluation of projects, in addition to the framework and conditions for the bidding and evaluation based on clear and transparent criteria to ensure greater participation by the private sector.
This would provide the participants in the project with sound and clear legal foundations under which they can deliver their investments easily and transparently and be able to reduce investment cost and project risks.
In order to facilitate the implementation of the PPP operations and based on the requirements of the PPP Law a specialized PPP Unit has been establishment in the Ministry of Finance. The Unit will undertake its mandated as stipulated in the law and regulation and will play an important role in supporting government agencies wishing to implement PPP projects. The Unit will also be responsible for coordination between these agencies and the Partnership Council formed under law to consider and adopt projects and follow-up at all stages of implementation throughout the project life cycle.
Work is currently underway to activate the PPP Unit by staffing it with necessary technical, financial and legal expertise and raising existing staff capacity through intensive training programs to enable them to perform their tasks efficiently and effectively. A dedicated website for the unit linked to the ministry site has been designed to include all the information related PPP projects, in addition to educational materials and a detailed implementation PPP manual of projects based on the law and the regulation.
The unit has also prepared a media plan for the PPP program aimed at raising awareness of the importance of partnership projects and the role of the private sector in contributing to the financing and implementation, operation and maintenance of infrastructure and sustain the delivery of services to citizens. The program also aims to familiarize domestic and foreign investors, with investment opportunities available in these projects and implementation mechanism under the law and regulation, as well as the legal and regulatory environment associated with investment in Jordan such as investment promotion, tax laws, transfer of profits, companies law and other related laws and regulations.
Dr. Abd Alhakeem Al-Shibli