President
Based on the Constitution

As approved by the People's Assembly at its meeting held in the history of 18-3-1437 A.H., 29-12-2015, I was born.

The following are issued:

Section I

Definitions and scope of law
Article 1
Definitions and terminology

The expression and terminology of the application of the provisions of this Law shall mean the meanings set forth by each of them.

1. The public is, any ministry, department, public authority, general directorate, institution, company, public facility, unit of local administration, or what is in its judgment.

2. Participatory, time-limited and mutually agreed contractual relationship under which a private partner would invest in one or more of the following work: design, build, build, implement, maintain, rehabilitate, develop, manage or operate a public facility or A project in the public service with the aim of contributing to the provision of a public service or any service intended for the public interest directly to the contracting public or on its behalf to the ultimate beneficiary.

3. The Council, the participatory council set forth in Article 7 of this Law, which is the supreme authority with regard to participatory affairs.

4. Bureau .. the Bureau of Participatory Article (8) of this Law.

5. The Steering Committee. The Commission provided for in article (12) of this Law.

6. The sectoral governing body, the updated body under a special legal instrument if it exists for the purpose of organizing an open sector for sharing.

7. Participatory project "or project". Each participatory project is subject to the provisions of this Act.

8. List of participatory, participatory projects that include participatory projects and approved by the Council based on this law.

9. Reference scenario, among the main features of the participatory project, including economic and social assumptions that are being launched at the feasibility study stage and prior to the commencement of contracting procedures and include an assessment of investment and/or project operating costs with income flows during the duration of the project. Project and key financial indicators.

10. Special partner: any legal person or coalition of domestic legal persons that has been outsourced in a manner compatible with one of the contracting procedures provided for in this Act.

11. The public contractor is the public body that announces the procedures for selecting a special partner for the implementation of the participatory project.

12. Participatory decade, the contract between the contracting public and the private partner, which sets out the conditions and conditions of the partnership.

13. Agreements on a participatory contract. Any contractual agreements between the contracting public and/or the private partner, and/or any third party included in or associated with the participatory contract related to the implementation of part or element of the underlying contract, including "immediately" any secondary contracts or contracts of Subconscious.

14. The project company, the Syrian Nationality Company, which establishes "when necessary" for the sole purpose of implementing the participatory contract and is headquartered in the Syrian Arab Republic and exercises its work in accordance with the provisions of the influential Companies Act.

This company acquires rights and assumes obligations according to what is provided for in a participatory contract, including the contribution to the provision of public service or service that is in the public interest.

15. Strategic partner, the legal person who, in the case of a coalition of expertise, know-how, technical competence and basic resources, and in particular the financial resources necessary for the operation of a participatory project, shall participate in the enterprise company at the minimum level specified in the request for proposals.

16. Duration of the project .. the time specified and agreed upon in a participatory contract.

17. A project of a complex nature. Any of the participatory projects in which the contracting public is unable to identify the basic, technical, functional, financial, legal or other specific parameters from the outset.

18. Project consultations. A natural or legal person is under contract for the purpose of providing advice to the contracting public on a particular participatory project.

19. Author...any form of approval, leave, licence or non-reluctance shall be required for the implementation of a participatory project and issued by the contracting public or any other public.

20. Subtraction and referral procedures. The set of procedures followed by the contracting public for the submission and transmission of projects for the purpose of selecting a candidate for the purpose of concluding a participatory contract with him.

21. Spontaneous presentation. A participatory project proposed by this law is submitted on the initiative of one of the exhibitors and concerns projects not included in the list of participatory projects or are under consideration for inclusion in the list.

22. Pricing .. the price paid by the final recipient of the service or ultimate beneficiary of the service.

23. Value for money, net benefit achieved by the contracting public during the project duration versus the use of the project or the provision of the private partner by a participatory contract and measured in terms of cost, price, quality, improvement, customization of service, risk transfer or All or some of these criteria combined.

24. Comparability of the public sector is an indicator that facilitates the comparison of possible methods of delivery of specific public services and is used in the economic feasibility study phase of a participatory project and takes into account the best global practices adopted by the Board.

25-Possession of technology, cooperation between the public and the private sector, especially the strategic partner, so that there is joint action from the two sides, and so that the public can accommodate a new technology and that there is a possibility to use and develop them, including the right to invest patents. That belongs to the private sector and its development.

26. Secondary contract. The contract for the implementation of a part of the participatory contract is concluded and followed.

Article 2: Objective of the law
This law aims to achieve the following purposes.

a. Enabling the private sector to participate in one or more of the following work, design, build, build, implement, maintain, rehabilitate, develop, manage or operate public facilities, infrastructure or projects owned by the public sector and encourage them to invest in it.

b. To ensure that services provided through such participatory processes are based on sound economic fundamentals and high performance efficiency and are provided in a more appropriate manner and value added to local resources.

c. Ensuring transparency, non-discrimination, equal opportunities, competitiveness, integrity and legitimacy of all procedures for participatory contracts so as to ensure that services are carried out in the public interest while ensuring the rights of all parties, including the final beneficiaries of services and private investors.

Article 3
Scope of the law
a. The provisions of this Law shall apply to participatory contracts held by the public with the private sector in order to induce, develop or expand the project and to invest it by the private sector alone or in partnership with another public or private sector, in particular through the project company and to be the proceeds of the private sector. mainly from the proceeds of the project as a result of its investment directly or by the project company in accordance with the terms of the partnership contracts.

b. Excludes from the application of the provisions of this Law the following contracts ..

1. Contracts entered into by the public sector in accordance with the provisions of Act No. 51 of 2004 and its amendments.

2. Contracts for exploration and investment of natural resources such as oil.

Article 4
Law enforcement.
a. Public bodies may establish participatory projects with Syrian non-governmental organizations, and the Council shall issue regulations and controls.

b. The Board shall issue regulations and controls setting out the conditions and forms of participatory management.

Article 5
Participatory types.
a. The Board shall develop the different types "or models" for participatory contracts and produce an indicative guide for each of them.

b. The contractor shall develop its preferred contractual structure for its preferred contractual proposal based on the preliminary studies conducted by the contractor.

Article 6
Project company.
When the project needs to be implemented, a company that establishes the enterprise company shall be established in accordance with the terms of the contract and within the prescribed period, and the participatory contract must indicate any requirements for the minimum capital of this company, the tightening of the vote, and any other order agreed upon and in accordance with the conditions that guarantee it. The solicitation is required in the following project company.

a. To be an anonymous or limited joint-stock company in the Syrian Arab Republic in accordance with the provisions of the law of companies in force and the company is a private law person.

b. The private and strategic partner shall receive shares or shares in the enterprise company in accordance with the terms of the contract.

c. The contracting public may not be a partner in the enterprise company.

d. On the proposal of the contracting public and after obtaining the approval of the Board, the shares or bonds issued by the project company may be included in the securities market.

On the proposal of the contracting public and after the approval of the board, the shares of the project company may be put in part for the public subscription, and the request for offers and contract expressly provides for that, and the contract determines the percentage of the public's contribution, "if any", the private partner, the strategic partner and the shares. That will be put to an IPO.

Part two.

Organizational and institutional framework

Article 7
The Participatory Council
a. Participatory council is being held to control and coordinate participatory public and private sector projects in all areas.

b. The Participatory Council consists of ..

1. Prime Minister President

2. Deputy Prime Minister for Services Cabinet Member

3. Deputy Prime Minister for Economic Affairs Member

4. Minister of Economy and Foreign Trade Member

5. Minister of Finance Member

6. Minister for Presidency of the Republic Member

7. Head of Planning and International Cooperation Member

8. Two independent experts appointed by the Council of Ministers

9. Chair of the expert group of the Bureau

10. Temporary participation of the competent minister or governor and one or more representatives of any public body that follows them and has a direct interest in a participatory project or contract.

c. Functions and powers of the Council.

1. To the Council

a. All decisions of the approving authority for projects that may be covered by this law.

b. Certification of the preliminary studies contracts.

c. Ratification of requests for participatory contracts.

d. Ratification of participatory contracts.

e. Adoption and development of participatory policies and procedures including sectoral priorities.

The Council shall in case the participatory project relate to more than one public or involve the transfer of assets belonging to more than one public service throughout the duration of the project by identifying the contracting public and establishing the necessary procedures for the coordination of responsibilities among those entities.

g. Approval of economic support for any project and the granting of rights, privileges and others in this regard.

h. Oversee the implementation of participatory projects and track their compatibility with specific performance and implementation criteria.

i. To endorse the proposed amendments to participatory contracts as a result of emergency conditions.

j. Take any other participatory decisions between the public and private sectors.

k. Decisions on dissolution of contracts transferred from the public.

l. Consideration of objections provided for in article (38) of this Law.

2. The Council has the right to prevent any public contracting from the final signing of a contract.

Sharkey is associated with any project that does not meet value for money or does not meet the minimum standards set by a participatory office.

3. The functions of the exchange order shall be formally assumed by the President of the Board or by the President of the Council.

4. A presentation on a participatory contract may be made only after the approval of the Board in the light of the preliminary studies of the project's feasibility and economic support requirements.

5. On the proposal of the Board, a decision may be made by the Council to engage Syrian, Arab or foreign advisers according to criteria issued by the Council based on the proposal of a participatory office, with the exception of such contracts from the limits set out in the Basic Law for Workers of the State.

6. On a proposal by the Bureau, a decision may be made by the Bureau to motivate the office and the updated committees to work on participatory contracts without being bound by the Basic Law of the Workers of the State.

7. The Council shall meet at least once a month at the invitation of its President and may convene emergency meetings whenever the need arises at the invitation of its President.

8. The meetings of the Council shall be lawful in the presence of a majority of its members and its decisions shall be adopted unanimously or by a majority vote of the present and in the event of equality of votes.
President Weighted.

Article 8
Participatory Office:
a. The Planning and International Cooperation Organization has an Office of Charlian associated with the President of the Board.

b. The Bureau is composed of a panel of experts headed by the Chair of the Group of Experts composed of a pool of experts and administrative frameworks selected or
To appoint them or to contract with them by decision of the Council.

c. The Office provides technical, administrative, legal, financial, economic and other advice to the Council and to all public stakeholders with regard to participatory and, in particular, its functions:

1. Provision of technical advice and supporting services to public contractors and the Board in all matters of partnership between the public and private sectors.

2. To raise recommendations on legislative and institutional proposals for sharing and policy to the Council.

3. To propose the development of procedures and standards in reliance on global best practices.

4. To study the proposed projects for sharing and to express an opinion on their feasibility and to make recommendations to the Council and the public contracting parties.

5. Dissemination and dissemination of information on participatory programmes and projects.

6. Implementation of State-level awareness-raising campaigns on participatory and targeted objectives.

7. Provide consultations to the Council on all participatory issues.

8. To coordinate all participatory matters across the economic and social sectors.

9. Assist in the preparation of initial study contracts for any project.

10. To assist and support the stakeholders in the implementation of the preliminary studies presentations and to submit proposals for them to the Council.

11. Prepare and submit to the Council for approval criteria and best practices for adoption and propose indicative guides to be endorsed by the Board.

12. To coordinate the technical assistance of all public stakeholders with regard to the participatory process, from the preparation of the initial studies contracts to the offers of participatory contracts, and to evaluate them and submit proposals if the Council is required to ratify it and participate in the negotiations to amend it and propose that this be amended Contracts are "on the board" and monitor the good implementation of participatory contracts and all of them.

13. The scrutiny of the proposed projects, their offers, contracts and the regulations governing them.
14. Provide administrative support to public contractors and assist them in carrying out their tasks from the project idea stage to the implementation stages.

15. To submit proposals for participatory action to the Council for appropriate decision-making.

Article 9
Participatory committees in public bodies:
a. The ministries are entitled to form a committee for sharing after obtaining the approval of the Council.

(b) Participatory committees play a supportive role for the decision maker in the Ministry or the public contractor regarding participatory projects in their ministry, in particular for the ministers of the Council. The committees also play the role of institutional links with the Office and facilitate decision-making processes for projects. It contributes to building the institutional capacity necessary to manage and implement participatory projects and provides the necessary technical input for this.

Article 10
Project committees:
a. When required, the public contractor for each participatory project is formed by an Executive Committee called the Project Committee.

b. The project committee shall assume the functions and powers provided for in this law and shall be responsible for following up all work related to a participatory project until the signing of the contract, including supervision of the project consultation work.

Article 11
Presentations Evaluation Committee:
a. The public contractor for each participatory project shall form a committee to evaluate the bids and select the appropriate offer in accordance with the provisions of this Law.

b. The performance appraisal committee shall exercise its functions in such a manner as to ensure a fair and professional evaluation of the offers and may participate in its work as an external auditor or more as an observer in order to ensure full independence and confidentiality and to prevent conflicts of interest.

Article 12
Project Steering Committee:
a. The participatory committee shall serve as the steering committee for participatory projects in the contracting public, which shall supervise, guide and supervise the work of the project committee and shall be provided with strategic support and shall be issued by the project resolutions.

b. The Steering Committee will scrutinize and endorse the recommendations of the Project Committee with regard to the following matters:

1. Terms of reference for the project consultation.

2. Selection of project consultations.

3. Preferred option for project proposal.

4. Feasibility study.

5. Request for solicitation and preparation of solicitation documents.

6. Selection of the best model.

7. Final version of the contract.

c. The Steering Committee shall also make the necessary decisions concerning any other issue of strategic importance to the project.

Article 13
Monitoring the implementation of the participatory project
a. The contractor shall supervise the work of the project company and ensure that the performance and quality of the service is achieved and that the output is submitted and matched to the required specifications and that the implementation of the participatory contract is followed up and the rights of the end-users are guaranteed, as reflected in the conditions of the participatory contract The indicative evidence issued by the Board.

b. The private partner and-or the project company provides the contracting public with periodic reports on the conduct of the participatory contract.

c. The special partner and/or the project company shall ensure that the conditions of health and safety are in place for the employees of the project.

Article 14
Sectoral governing body:
In the event of a regulatory body for any of the sectors involved in participatory projects, participatory projects and contracts in the sector concerned shall be subject to the texts governing the operation of that governing body from the date of entry into force of those texts.

Article 15
Preparatory actions:
a. The preparatory procedures for the project shall be taken prior to the announcement of the request for bids or the request for initial qualification. These procedures shall include the preparation of feasibility studies for the project and the development of the project information document, solicitation documents and others, as follows:

1. Appointment of a public entity that can contract.

2. To appoint one or more consultations for the project, upon the proposal of the Bureau, to advise and assist in the various stages of the preparatory process for a participatory project. The consultation of the project appointed for any stage of the project consists of a group of experts who come under a single legal person or in a coalition of specialized companies. This is when the project needs economic, financial, legal, technical, environmental and social advice and planning, with expertise in participatory projects and internationally applicable best practices, and consultations must also have competencies, skills and experience Appropriate to assist and advise the contracting public with full independence in the development of participatory projects.

3. The Office contributes to the financing of contractual consultations by decision of the Board.

b. Project consultations shall provide advice and participation to the extent required in the development and preparation of the financial, technical and legal documents necessary for the implementation of the participatory project.
c. The selection of the project is chosen and the terms of reference for its functions are determined according to a mechanism established by the participatory office and according to the methodology and principles set out in this law. The Council may exclude the contractual procedures with the draft of the common contract system, promulgated by Law No. 51 For 2004 and its amendments.

d. The contract between the contracting public and the project shall include at least the following stages and the following actions:

1. Phase 1: preliminary studies and feasibility studies.

2. Phase two: preparation for the initial qualification application according to the form adopted for the presentation procedure provided for in this Act.

3. Phase 3: preparation of details of presentation procedures and documents for participatory presentations.

4. Phase 4: Provide independent advice on the previous stages of a participatory contract procedure, including the preparation of all necessary documentation.

e. Project feasibility study:

1. Feasibility study: a comprehensive technical working document to evaluate the project prepared by the project consultation in coordination with the public and office.

2. This study shall be thorough and in depth and be carried out in a professional manner in coordination between all the parties concerned.

3. In complex nature projects that require a participatory framework contract with a number of other contracts, such as the financing contract, the enterprise company statute and other secondary contracts, the feasibility study is divided into two or more phases, including in all cases the feasibility study phase The introductory or perception phase with a focus on the needs of the public and the ultimate beneficiaries of the service and the availability of service and the suitability of prices.

f. Preparation of the project information document:

1. The contractor of the contractor shall prepare an information document on the project on the basis of the preliminary feasibility study with the assistance of the project and UNOPS consultations.

2. The indicative evidence issued by the Board in accordance with the provisions of this Law shall detail the content of this document, including the examination of the analysis of needs and options.

Article 16
Principles for contracting procedures:
a. Subtraction, referral and relationship between the contracting public, the exhibitors and any other party shall be subject to a participatory project to the principles of openness, transparency, equality of opportunity, competition, proportionality, balance, protection of public interest, protection of special rights, environmental protection and development Sustainable compliance with the provisions of this Law.

b. These principles apply to all charge outs and referrals irrespective of the type of contract to be concluded.

Article 17
Contract Methods:
Participatory contracts are conducted in one of the following ways:

.. request offers.

.. non-competitive procedures.

.. spontaneous offers.

Section III

Chapter I

Request for offerings

Article 18
Offering Request Stages:
There are three stages of contracting: pre-qualify, offer and contract, which is after completion of the preparatory phase.

Article 19
Until the initial qualification and procedures:
a. The contracting public shall begin after obtaining the approval of the Board for the preliminary qualification process, which is aimed at identifying qualified exhibitors to submit bids.

b. The contractor shall announce the pre-qualification proceedings and conditions after the preparation of the pre-qualification proceedings, under the supervision of the Office and in accordance with the preliminary studies, and shall provide prospective exhibitors with sufficient time to submit their applications.

c. The call for primary qualification must include the minimum of:

1. Description of the project.

2. Statement of the basic components of the project and the minimum required techniques and financial arrangements imposed by the public and other required information.

3. Main strategic partner specifications, expertise and techniques.

4. The way and place of the exhibitors for their applications, including the deadline for applications, date and time.

5. Method and place of access to pre-qualified documents.

6. The price of obtaining pre-qualified documents.

d. In addition to the above, the preliminary qualification documents should include a minimum of what comes ..

1. The criteria for primary qualification in accordance with article 21 of this Law.

2. To indicate whether the public contractor will be limited to a specific number of exhibitors to submit their bids after they have passed the preliminary qualification in accordance with section (b) of article 23 of this Law.

3. Proposed timetable for the completion of initial qualifying, presentations and contracting.

Article 20
Primary eligibility criteria.
a. In order to qualify for the submission stage, the exhibitors should pass the criteria set by the contracting public according to what is mentioned in the preliminary qualification documents to include such criteria as the minimum to come.

1. Professional and technical qualifications, human resources, equipment, equipment, installations and/or premises required for the implementation of all the services required by the project implementation phases.

2. Strategic partner, techniques and expertise in technically similar projects.

3. The solvency necessary to meet the financial requirements of the project.

4. Funding capacities and funding channels for the implementation of the project.

5. Appropriate administrative and management capacities, reliability and expertise, including experience in the implementation of similar infrastructure and services projects.

6. The technology to be acquired by the contracting public and technical acquisition procedures.

7. Provide a statement of projects that have already been completed.

b. The contracting public may request some candidates to complete the deficiencies or provide some clarification on the offer.

c. Exhibitors qualify to participate in the submission stage when ..

1. A conflict shall not be governed by bankruptcy, liquidation, receivership, termination of commercial activity or any legal action leading to the removal of legal persons from it.

2/The exhibitors are not previously provided with incorrect documents.

Article 21
Share a coalition of companies.
a. When the initial qualification is submitted, the two parties are allowed to form a coalition between them and apply the conditions required in the preceding article to the coalition as a whole and to the strategic partner in the coalition.

b. No company directly or indirectly involved in a coalition can be a member of another coalition unless the preliminary qualification documents expressly stipulate otherwise and any contravention of this rule would result in the rejection of the coalition and its member companies.

c. The Contracting State shall examine the capabilities of each of the companies under a coalition and assess whether the qualifications of the pool of such companies in one coalition are appropriate to meet the requirements of all phases of the project.

Article 22
First qualifying decision.
a. The contracting public shall establish the steps specified for each of the preliminary qualification criteria referred to in paragraph (a) of article (20) of this Law.

b. The contractor of the contractor shall take its decision on the eligibility of the exhibitors who applied for pre-qualify by relying on the standards of the criteria established by them.

c. The High Contracting Party at its main centre shall announce its decision containing the results of the preliminary qualification.

d. Invites the exhibitors who have passed the initial qualification stages to submit their offers in accordance with articles 24 to 32 of this Law following the acquisition of their decision of deterministic degree.

Chapter two ...

Procedures for solicitation

Article 23
Luring bids at one or two stages:
a. The submissions shall be made by qualified exhibitors exclusively at one or two stages and shall be the discretion of the contractor and the approval of the Board.

b. The exhibitors who have passed the initial qualifying stage shall be provided with the requirements book and other documents necessary for the submission of bids against the price specified by the contracting public.

c. The High Contracting Party may resort to a two-stage presentation procedure in case the project is complex and the parties are not allowed to submit their final offers.

d. The following provisions shall apply in the use of bilateral stage proceedings.

1. The preliminary requirements book for solicitation should include the application to the exhibitors for initial presentations on the project specifications and performance indicators
Its financial requirements and the similar basic characteristics of the project add to the contractual terms proposed by the contracting public.

2. The Contracting General has to hold meetings and to organize dialogue sessions with each of the exhibitors with a view to answering the questions of the exhibitors relating to the preliminary logbook and associated documents, as well as to discuss the initial submissions of the exhibitors and related documents and to the public service. The contractor to prepare minutes for these meetings and dialogue meetings shall include the questions raised and clarifications provided by the contracting public.

3. The contractor, after reviewing initial submissions by exhibitors, may review and adjust the initial requirement book partially or fully, including project specifications, performance indicators, financial requirements, contractual terms, evaluation criteria, comparison of offers, and all related to this. The contractor shall register all amendments and additions to the register of contractual procedures for the project, citing reasons for modification, deletion or addition, all of which shall be included in the new invitation extended by the contracting public of the contractors to submit their final offers.

4. The contracting public shall invite the parties to submit their final offers in accordance with the provisions of the articles (24) to (31) of this Law.

Article 24
The content of the solicitation request ..
The solicitation request should include a minimum of what comes ..

a. General information of the two symptoms so as to enable them to prepare and submit their presentations, including information on the deadline for presenting submissions and the price of contracting.

b. Project specifications and performance indicators, including other contracting public requirements such as safety, safety standards, environmental protection and technical acquisition.

c. Contractual clauses set by the contracting public, including the reference to conditions that are not negotiable in any case.

d. The criteria by which the offers are evaluated and which are heavy for each of these criteria in addition to the manner in which these criteria are applied for the purpose of evaluating and rejecting the interest of the offers.

e. Any other order that would be appropriate to be added in accordance with the contracting public and the Office.

Article 25
Offerings Insurance ..
a. The solicitation specifies all requirements for the insurance of submissions, including the nature, form and value of such insurances and all that relates to the offers.

b. The exhibitors do not lose their right to retrieve any of the offers of bids that they have provided except in one of the following cases.

1. Withdraw or modify the presentation after the deadline for presenting submissions.

2. Failure to enter final negotiations with the public contractor in accordance with the provisions of Section (a) of Article (32) of this Law.

3. Failure to sign the contract in the event that the public is required to do so after acceptance of the contract is accepted.

4. Failure to provide the final insurance required for the execution of the contract after the contractor has accepted the offer or failure of the exhibitors prior to the signing of the contract on any other condition identified in the solicitation.

Article 26
clarifications and modifications ...
a. The contracting public shall, on its own initiative or as a result of receiving inquiries from the exhibitors, review the request for solicitation and amend any of its items if necessary.

b. The contractor shall inform all exhibitors of any change in the solicitation of offers or documents related to it if the public contractor finds amendments requiring the change of documents related to the solicitation documents, which may affect the deadline for exhibitors. To submit their offers, they can extend the deadline for presenting submissions.

c. The contracting public in the register of contractual procedures for the project refers to the justifications it has made to modify the solicitation of offers and informs the exhibitors of any deletion, modification or addition in the same manner as which they were informed in the solicitation.

Article 27
Presentation ...
a Exhibit shall submit its written offer after it is signed within one or more sealed envelope and the contractor shall return any offer to it after the deadline for presenting submissions without being adjourned.

(b) The financial presentation shall include the value of investment, the number of years of project execution and investment, the allowance for the project, the proportion of the participation of a party or public party with the private partner in the enterprise company if it must be established and the other points identified by the contracting public under the supervision of the project.

c. All financial offers must be publicly presented so that all exhibitors will be informed of the competitors' offers without knowing the names.

Article 28
Assess and compare offerings ..
a. The contractor shall participate in the evaluation and comparison of submissions in accordance with the criteria for submission and acculturulation of each of these criteria in accordance with the procedure established for the evaluation process in the solicitation process.

b. The Contracting General has to set minimum standards for the quality, technical, financial and commercial aspects, by which offers that do not meet these minimum standards are rejected.

Article 29
Evaluation criteria:
a. The criteria governing the evaluation and comparison of technical submissions shall include the minimum of:

1. To meet environmental safety standards.

2. Feasibility and operational efficiency.

3. Quality of services and metrics to ensure continuity of this quality.

4. Technical introduction and acquisition by the public.

b. The criteria for evaluating and comparing bids in financial and commercial terms include the following:

1. Value of investment and financing.

2. The present value of the service compared to the allowances to be imposed by the exhibitors to the user and-or to the public contractor within the duration of the contract.

3. The present value of the direct payments proposed to be paid by the contracting public if any.

4. Design, construction, annual operating and maintenance expenditures and current value of capital expenditures, operating expenses and maintenance.

5. The amount of economic support required from the contracting public if any.
6. Efficient and possible financial arrangements.

7. Degree of acceptance of the negotiable contractual conditions proposed by the contracting public in the solicitation request.

8. Ratio of corporate or public contribution to the project company.

9. The amount of the guarantees required by the contracting public or the State.

10. Number of years of investment and duration of the participatory decade.

Article 30
Reconfirmation of efficiency:
The Contracting State may request those exhibitors who have passed the initial qualification stage to reconfirm their qualifications by using the same criteria used in the preliminary qualification stage and the contracting public to reject any failure to reconfirm such qualifications.

Article 31
Final negotiations:
a. The contractor shall be assisted by the Office of the High Contracting Party following the submission and comparison of bids with the invitation of the exhibitors, who achieved the highest possible score in the final negotiations for the drafting, signing and direct execution of the contract.

b. The final negotiations shall not contain any of the conditions and contractual clauses referred to in the solicitation as non-negotiable.

In case the contractor reached a firm conviction that negotiations with the exhibitors would not reach the signing of a satisfactory contract within acceptable and specific time limits. The contracting public is entitled to inform the exhibitors of its intention to stop the negotiations and give it 30 days to submit a final offer, and in case it is done. The contracting public has found the final offer to be unacceptable. It has the right to terminate the negotiation and to invite the second best offer to the negotiations and repeat this procedure until a satisfactory contract has been reached or rejected by all offers, and in no case may the contracting public be able to do so. to renegotiate with an exhibitors who had previously concluded negotiations with him.

Article 32
A participatory contract:
a. During negotiation if the contracting public reaches an agreement with the winning or the following series in the sequence of the required conditions, it shall declare the name of its choice for the contract and then prepare the draft partnership contract.

b. Once a final contractual format is reached, a draft partnership contract is presented by the Bureau to the Board for approval.

c. The Council shall, on the recommendation of the General Committee, take the final decision to ratify the contract and authorize the direct contracting authority to sign and implement the project or not to ratify the contract and to reject the signing and cancellation of the contract.

d. The contracting public shall be concluded on its own or in addition to any other public party with the private sector and shall be effective from the date of ratification by the Council.

Chapter III

Participatory contracts with non-competitive procedures

Article 33
Conditions conducive to non-competitive contracting:
The High Contracting Party shall, after obtaining the consent of the Board, be entitled to a non-competitive contractual procedure that does not apply to the provisions of Articles 19 to 32 of this Law in the following cases:

a. If the nature of the project is required or there is an urgent need to ensure continuity of services in the form with which the contractual procedures described in articles 19 to 33 of this Law appear to be non-practical, the circumstances that have led to this urgent need are not foreseeable It is anticipated in advance from the contracting public and is not caused by negligence or omission or in the event that the supply procedures have not resulted in contracting.

b. When the draft contains aspects of public safety.

c. In case a request for solicitation has been announced and no more than one symptom has been returned to the initial qualification.

d. In other cases in which the Board finds matters that permit the exception to the provisions of articles 19 to 33 of this Law.

Article 34
Non-competitive negotiation procedures:
When a non-competitive participatory contract is negotiated without recourse to competitive contracting procedures, the contracting public shall:

a. Except for contracts negotiated under the terms of article 33, paragraph "a", of this Law, the contracting public shall declare a public invitation to establish and implement a participatory project with non-competitive procedures in which the project, the date of submission of applications and the date of commencement of negotiations shall be determined About him.

b. After the arrival of requests from strategic partners or a coalition of companies with a strategic partner, the contracting public begins negotiations with each of them regarding the conclusion of a participatory contract.

c. The contracting public will prepare the evaluation criteria, according to which the results of the negotiations with the special partner and the conclusion of the participatory contract will be assessed with the best after the approval of the Board.

d. The High Contracting Party at its main centre shall announce its decision containing the name of the best applicant for which it is selected for the conclusion of a participatory contract with the applicant.

Chapter IV: Automatic presentations

Article 35
Accept automatic offerings:
The contracting public has the right to review and accept ex officio offers in accordance with the procedures governed by the provisions of articles 37-38 of this Law that such offers shall not relate to any project whose contractual procedures have been declared or initiated.

Article 36
Procedures governing the acceptance of spontaneous offers:
a. The contractor and after consulting the Office shall examine the spontaneous offers and determine whether the project is in the public interest or not and inform the applicant of its decision that the duration of the study shall not exceed the duration of the study and the decision shall be three months from the date of the automatic presentation.

b. If the project is in the public interest in the public interest, the contractor shall submit all information to assist it in evaluating the proposed presentation and the qualifications of the technical and financial exhibitors and determine the feasibility of successfully implementing the project within acceptable contractual conditions for the public. The contractor.

c. The proposed applicant shall, at a time limit established by the public contractor, prepare the initial technical, economic, legal and other studies and study the environmental impact with sufficient information on the principle of the project or the technology used in it.

In the course of its study, the contracting public is committed to the protection of intellectual, commercial and industrial property rights, confidential information and any other exclusive rights guaranteed by the automatic offer or referred to or resulted from it, and the contracting public is not entitled to use the information obtained. Such an automatic offer shall be made only with the consent of the exhibitors for a full period of three years, beginning with the receipt of the automatic offer.

Article 37
Contract procedures for automatic contracts:
a. The contractor shall, within three months of receipt of the documents referred to in paragraph "b" of article 36 of this Law, and after consulting the Bureau, shall make its formal decision on the acceptance or rejection of the project contained in the automatic offer to which it is submitted and in case Acceptance of the automatic offer made to it by the contractor and after obtaining the consent of the Board to initiate the procedure of solicitation under the provisions of articles 24 to 33 of this Law, while in the event of rejection of the proposed automatic offer to return original documents and any Copies of which shall be made to the exhibitors who have prepared and submitted them without the object of the objection provided for in article 38 of this Law.

b. The contractor shall invite the owner of the automatic offer to participate in any competitive contract proceeding as a result of the automatic offer to which it is submitted and gives such exhibitors an addition to the evaluation of its technical and/or financial performance, or 10 % of the total maximum score for the evaluation and is based on it. The contracting public by reference to the identity of the automatic exhibitors and to the addition to which they obtained in the contractual procedure documents.

c. Upon completion of the evaluation procedure, the stage of negotiations for the conclusion of a participatory contract shall commence in accordance with the provisions of article 32 of this Law and thus conclude a participatory contract in accordance with the provisions of Article 33 of this Law.

Chapter V

Objections

Article 38
Objections:
Any exhibitors who violate the provisions of the contractual methods provided for in this Law shall have the right to challenge the Council and to request a review of the proceedings of the contracting public and the submission of appeals in accordance with the following rules:

First: for the results of the preliminary qualification:

a. An objection to the decision of the procuring entity shall be made against the results of the preliminary qualification within five working days starting from the day after the date on which the objection is issued.

b. An objection shall be decided by the Council within five working days of a final administrative decision to be announced on the Board's bulletin board.

c. If the decision of the Council has provided for the acceptance of an objection, it shall, at the same time, add the name of the objecting to the list of those acceptable to the results of the preliminary qualification.

d. The borrower who rejected his objection is entitled to appeal the Board's decision to the Administrative Judiciary Court within five working days starting from the day after the date of the announcement of a decision

The contested council.

e. The Administrative Court of Justice shall promptly appeal the appeal in the Chamber of Appeal for a period not exceeding five working days from the date of registration of the appeal in the Court of Court with a decision concluded.

In case it turns out that the exhibitors are not entitled to confiscate the supply insurance provided by him in favor of the contracting public, and the security of the offer is in reserve by virtue of this law once the case is filed in the administrative court, and the absence of a reserve reservation leads to the supply insurance. Having to respond to a request for a stay of execution and action.

g. If the judiciary is found to be abusive in its objection, it is obliged to pay compensation to the contracting public against the expected revenues set out in the economic feasibility study for the delay in the execution of the project during the period of litigation and any other compensation equivalent to the cost increase in its implementation.

Second: For the results of the name of the winning model:

a. A patient whose victory did not declare an objection to the decision of the contracting public containing the name of those who chose to contract it against the winner during ten working days starts from the day after the date on which the objecting decision was issued.

b. An objection shall be decided by the Council within fifteen working days by a final administrative decision to be announced on the Board's bulletin board.

c. Any of the parties shall be entitled to appeal the decision of the Board before the Administrative Court of Justice within ten working days commencing from the day after the date of the contested decision of the Board.

d. The Administrative Judiciary Court shall promptly separate the appeal in the study room for a period not exceeding fifteen working days from the date of registration of the appeal in the office of the Chamber of Appeal.

Court with an concluded decision.

III. For the results of non-competitive procedures:

The rules of challenge and appeal set forth in paragraphs A, B of item II, apply to the object of the objection and the appeal against the results of non-competitive readings.

IV. Access to trial proceedings before the Administrative Court referred to in this article are excluded from the rules laid down in the Law of the State Council No. 55 of 1959, including the failure to accept applications for suspension of execution and to prepare the case before the Authority of State Commissioners.

Article 39:
If the Administrative Judiciary Court has ruled that there is a defect in any of the solicitation procedures and non-competitive procedures, these procedures are cancelled and the contracting public is required to retender the bids again to ensure that the irregularities are exceeded.

Section IV

Public participation in participatory projects

Article 40
Identification of participatory projects:
(a) The Board shall identify projects that may be contracted to be implemented under the provisions of this Law on the proposal of the public contractors and after its adoption by the Bureau.

b/The contractor public before putting the project forward to contract the preparatory stage of the project according to the provisions of (16) of this Law.

c/The contracting public may not submit the project for contracting under the provisions of this law in case the preliminary studies have yielded unsatisfactory results.

(d) All public stakeholders wishing to introduce PPP projects under the provisions of this Act must obtain the prior approval of the Board prior to submission of the contract.

(e) The private sector may propose to UNOPS a project to prepare the preliminary study in this regard and after the study is accepted by the Office and the contractor, UNOPS proposes to the Board for approval of the project.

Article 41
Conclusion of participatory contracts:
(a) Under the provisions of this Act, a public body may be held in a participatory period after obtaining prior approval by the Council.

(b) The Contracting Party has the right to object to the Council within sixty days from the date of the conclusion of any contract with which it has been established that the contractor's contractor has already been in bankruptcy or is subject to liquidation proceedings as a result of the dissolution of Rezaia, judicial, or prior to the judgement of a judicial decision concluded or granted. He is legally represented by the legal person in an offence against honour or who has been restricted from the registers of suppliers or contractors.

Article 42
Contracting public:
In the event of a participatory project involving public infrastructure or services, the Board shares the responsibility of a number of public bodies to identify the contractor or public contractors in relation to the contract subject to the project.

Article 43
Public support for the private partner:
a/If the economic conditions or financial flows for the participatory project when it is examined do not allow the private partner to recover the costs of investment, operation and financial costs and achieve reasonable profit during the duration of the project and from the proceeds of the project exclusively or if the investment by the private sector is not In practice, without guarantees issued by the State, the public contracting parties may, after the Council's approval, consider the forms of providing support or assistance to the private partner or the final beneficiaries directly or indirectly, and closing the financial gap, as possible from the development of the project and the inclusion of the project. Amounts are required for this in public spending plans.

(b) Take support or assistance in cash or in kind.

1/The right to use or take advantage of real property in part or in whole.

2/Government guarantees and subsidies.

3/cession of employment and investment rights of enterprises.

(c) In all cases, the terms and limits of the involvement of the public or the public in the declaration of request for proposals must be established and clearly defined in the participatory contract.

Article 44
Public participation in the shares of the project company:
a/Public bodies are entitled to participate in the capital of the project company in the following cases.

1/When the terms and limits of such participation are stipulated in the declaration of solicitation and shall be clearly defined in a participatory contract and in the statute of the project company.

2/When both parties agree to this if participation occurs during the implementation of the participatory contract.

b/The indicative evidence issued by the Board establishes the basis for determining the proportion of public participation in the shares of the enterprise company for each participatory form.

c/A participatory contract or the statute of the enterprise company shall not provide any special privileges to any of the partners in the enterprise company.

(d) The initial contribution by the public and any increase in contribution must be in cash or in kind, and the subscription and payment should be in accordance with the same conditions applied to the contribution of the private partner and an exception to this principle. The participation of the public may be in kind that the property or the facility may be put in place or The market or the rights to the property required for the infrastructure of the project and to provide service at the disposal of the project company for the duration of the project. In such a case, the property and other elements associated with it are evaluated by an independent audit office and this evaluation is referred to in the request for bids.

(e) Voting rights and other rights of shareholders shall be permanent and each shareholder shall have a number of votes equivalent to the shares of the money paid. Section V General provisions

Article 45
The law governing ...

a/A participatory contract is subject to this law and to the rest of the relevant laws in the Syrian Arab Republic which are not in conflict with the provisions of this law.

b. The special partner, its associated stakeholders and its partners are free to choose the appropriate legal formula that regulates relations among themselves, without any impact on their obligations of solidarity towards the contracting public.

Article 46
List of minimum conditions for a participatory contract:
The participatory contract includes the necessary terms and conditions that both parties see a necessity for them to include a minimum.

a/the nature and scope of the work to be carried out by the private partner and/or project company and the services to be provided.

b/Conditions governing the use of such services and the degree of exclusive rights to be found and obtained by the private partner and/or project company under the partnership contract.

c/The facilities offered by the contracting public of the private partner and/or the project company for the purpose of obtaining the licenses and the authorizations required for the execution of the project.

The necessary funding for the implementation, operation and access mechanism and the guarantees granted to Mullen.

e. Guarantees provided by the contracting public and other public actors in the Syrian Arab Republic.

The degree of authorization given to the private partner to contract secondary contractors for the performance of services to be performed under the participatory contract.

g/requirements for the establishment of the enterprise company provided for in article (6) of this Law and the minimum of its capital.

h/Ownership of the assets of the project and obligations of the parties if the ownership of the project is transferred and any facilities necessary pursuant to the provisions of articles (54) and (55)
This law.

(i) Allowances charged by the private partner and/or enterprise company for use, investment or operation of the project and/or service provision, whether those allowances are in the form of know-how, remuneration, methods of calculation and adjustment of any such definition or remuneration by the contracting public or any public entity Related.

j. Review procedures for the contracting public of engineering designs, construction plans, specifications, approval, test procedures, final inspection, acceptance and approval of the project.

The extent to which the private partner and/or project company is committed to ensuring that services are modified as participatory and participatory in actual demand and continuity in accordance with the same conditions for all users or beneficiaries.

For/the right of the contracting public or any public entity relevant to the project, the subject of a participatory contract in tracking the performance of the business and services provided by the private partner and/or the enterprise company, and the powers in which the contracting public or any public entity is entitled to the project subject to the contract in the shadow of the project Certain circumstances and requests for amendments to the business and conditions of service or other appropriate measures to ensure the proper operation of the project and its services in accordance with contractual and legal requirements.

The extent to which the private partner and/or project company is committed to submitting periodic reports and sufficient information to the contracting public or any public body relevant to the project is the subject of a participatory contract.

(n) Mechanisms for dealing with the additional cost and other circumstances that may arise from any order directed by the contracting public or any public entity in connection with the project subject to the participatory contract of articles 75 (75) and (76) of this law, including any compensation that may be worthy of the private partner.

o/Rights of the public contractor for the review and acceptance of secondary contracts that may be reached by the private partner and/or project company, in particular those that may be made between the private partner and/or the project company and its stakeholders or other persons associated with it.

p. Performance guarantees and insurance policies applicable to the private partner and/or project company to submit and follow the implementation of the project.
Technical/technical to be acquired from the contracting public or project company and the acquisition mechanism.

r/Possible solutions in case of errors by either party.

k/Determine the responsibility of either party for the failure or delay to implement any of its contractual obligations as a result of circumstances beyond its control.

The duration of the participatory contract and the rights and obligations of each party upon its termination or termination.

ch/calculation method for compensation in case of early termination of contract.

/Mechanisms of conflict resolution that may occur between the contracting public, the private partner and/or the project company.

The respective rights and obligations of the parties regarding the confidentiality of information.

Identify/identify entities or staff members responsible for overseeing and tracking the progress of the contract.

y/means of quality assurance, control tools, supervision and financial, administrative and technical follow-up for the operation, investment and maintenance of the project.

Article 47
Project Duration:
a/The participatory contract shall clearly define the duration required for the execution, operation and expiration of the project.

b/The parties to the contract may extend the duration of the participatory contract for an additional period of time if necessary such as compensation for the private partner for inflation or for other reasons that arise after the conclusion of a participatory contract.

c/The contracting public may agree to extend the duration of the participatory contract in proportion to investment in a number of cases.

1/Delayed completion or interruption of the operation of the project and its services as a result of circumstances beyond the control of the parties.

2/The contracting of the contracting public or any public entity in connection with the suspension of the project for a specified period not exceeding two years.

3/The increase in expenditure resulting from the requirements of the public contractor was not originally mentioned on board the participatory contract, in the event that these requirements did not enable the special partner to recover the costs incurred without the extension of the participatory contract.

4/Emergency exceptional circumstances extended to a maximum of three years unless the parties expressly agree to a longer period of emergency exceptional circumstances.

Article 48
Project finished:
The participatory contract ends at the end of its scheduled term, which has not been terminated before it has been terminated.

Article 49
Public End of Participatory Contract:
The High Contracting Party may, after obtaining the prior approval of the Council, terminate the partnership contract in case ..

(a) It is clear and firm that the private partner is no longer able to fulfil its obligations under a participatory contract.

(b) There are compelling reasons for the contracting public to terminate the contract and to pay compensation to the private partner under the regulations governing the holding of the partnership contract.

Article 50
End your partner for a participatory contract:
The private partner may request an end to the participatory contract or its dissolution in the coming cases.

a/In the event that the contracting public or any public entity in relation to the content of the participatory contract has committed a violation of the contract, and the violation has not been corrected within three months of the date of communication of the contract.

(b) If circumstances under which a participatory contract may be amended under the provisions of paragraph (a) of article 75 of this law, the parties failed to find an acceptable formula for amending the participatory contract.

c/If the contractor does not agree to the request for termination in any of the two cases mentioned in paragraphs (a) above, the private partner may request the termination of the contract before the competent authority specified in the participatory contract.

Article 51
Ending the participatory contract for other reasons:
A participatory contract may be terminated without any compensation awarded to any of the contractors in the two cases.

a/Any of the parties shall be entitled to request the termination of the participatory contract in the event that its implementation of its obligations is impossible due to force majeure or any circumstances beyond the control of either party and the continuation of force majeure or conditions for a period of more than three years unless the contract provides for a lesser duration or unless the parties expressly agree For a longer period, economic sanctions against Syria, its financial boycott, or the prevention of dealing with their public bodies under judicial, administrative or legal decisions issued by the Syrian Arab Republic are not considered a form of force majeure or the circumstances that allow the termination of the contract in the country. If it existed prior to the conclusion of the participatory contract.

b/The parties to the contract have the right to agree to terminate the consensual contract by mutual consent after the approval of the Board by the contractor.

Article 52
Termination of participatory termination indemnity:
A participatory contract shall provide for a specific mechanism to account for the compensation payable to each Party in the event of termination or dissolution prior to its dissolution, including compensation for the value of work carried out under the participatory contract, expenditure or direct losses incurred by either party or the expected profits of any Of them.

Article 53
Ownership transfer procedures:
A participatory contract must include the following actions.

a/Transfer of ownership of assets to the contracting public at the end, termination or termination of the contract unless you prefer to keep it to the project company or to the private partner.

Transfer/transfer of technology required to operate the project and method of acquisition from the contracting public or project company.

c/Build and develop the capabilities of the employees of the contracting public or the new private partner who replaces the main contracting partner or the project company to take ownership of the operation and maintenance of the project.

d/The special partner provides support services and resources including insurance for foreign parts and licences to use patents and other commercial, industrial and intellectual property if necessary for a period of time after the ownership of the project is transferred to the public contractor or to a new private partner or company Project.

(e) The assets of the project "shall be located immediately" in one of the following categories.

1/Refunned assets. These include land, buildings, works, fixed structures and facilities, and the assets attached to them transferred by the contracting public at the disposal of the project, without payment, or which are acquired by the latter, as a basis for the participatory and participatory contract " Their nature and role " contribute essentially to the provision of the service provided for in the participatory contract.

2/Assets recovered in return for compensation. Includes fixed and fixed assets provided by the private partner, which contribute to the operation of the project and the contracting public may have the option to transfer to it when the participatory contract is completed or terminated at an early stage for an agreed allowance contractually.

3/Personal personal assets .. Includes all movable and immovable assets of the enterprise company, including assets not included in the preceding items.

4/list of assets returned or restored to a participatory contract and the private partner cannot sell such assets in a case where they cannot mortgage or make use of such assets as collateral unless the participatory contract expressly provides otherwise and is automatically transferred to the public The contractor is free of charge and is free from any concession rights for insurance or burden when the participatory contract is concluded or terminated prematurely.

5. In the case of a participatory contract for the delivery of movable and/or immovable assets, they must be in a good and investable state.

6/6 The project must be in good operational condition when the right to invest or ownership is transferred to the contracting public at the end of the participatory contract.

Article 54
Project Assets:
a/The contracting public or any other relevant public or State party may transfer to the private partner or project company within the duration of the participatory contract the right to invest the project and the transferees necessary for the good operation of the contract, the execution of the project and any other public transferred funds related to the participatory investigation. This property and the right to invest in the contracting public at the end of or terminate the partnership contract shall be returned.

b/The contracting public may transfer to the project company within the duration of the participatory contract the ownership of a public facility, property or immovable property necessary for the good operation of the contract and the execution of the project to return this property to the contracting public at the end or termination of the partnership contract unless otherwise provided Contract on its survival for the project company.

c/The investment rights of accumulated experience and intellectual, industrial and commercial property related to the project are transferred upon the termination or termination of the partnership contract to the public contractor under the terms of the contract.

The contract shall determine the assets belonging to the public sector and those belonging to the project company, as well as the assets to be transferred to the public sector upon the termination or termination of the contract and those that will be owned by the private partner. The contract shall be determined in particular.

1. Assets that the private partner must return or transfer ownership to the contracting public or to another public destination designated by the contracting public on board the contract.

2/The assets that the contracting public may purchase from the private partner in case you wish.

3. Assets that a private partner may retain or dispose of in the face he wishes upon termination or termination of the contract.

Article 55
Inherit the rights to the project site:
The contracting public or any other public body under the provisions of this Act and the provisions of a participatory contract shall provide or facilitate the access of the project site to the private partner, in accordance with the necessary requirements for the implementation of the project.

Article 56
Operation project facility:
a. A participatory contract, as necessary, determines the degree of burden placed on the private partner to ensure that:

1. Updating services in the form that correspond to and demand for services

2. Continuity of services.

3. Conditions of service are the same for all users.

b. Special partner shall be entitled to issue and apply the conditions governing the use of the project after the approval of the Board.

Article 57
Financial pledges:
a. Financial pledges:

1. The Special Partner shall bear the full responsibility and risk of the funding required for the proper implementation of its obligations in a manner consistent with the provisions of the participatory contract and its agreements.

2. The private partner and-or the project company submits to the public contractor all the required documents that prove the availability of funds to the extent sufficient to implement all the obligations that must be fulfilled under the initial qualification declaration and fall under the funding lines in particular:

a. Capital shares of the project company.

b. Funding required by the project company in the form of loans, bonds and guarantee of future and current receivables.

c. Guarantees or insurances necessary for obtaining capital or credit from the previous two categories.

b. Direct contracts with creditors:

The Contracting State may sign agreements with the project firm's creditors in order to regulate certain private matters and to facilitate access to the funding necessary for the implementation of the project or the provision of services in general.

Article 58
Financial provisions:
a. The Special Rapporteur has the right to collect, receive or collect any information or remuneration for the investment or operation of the project according to the participatory contract, which includes the methods and equations according to which the pricing, adjustment or remuneration is determined.

b. A participatory contract shall determine the conditions and conditions governing any financial payments, guarantees, financial assistance or any financial support provided by the contracting public or the State.

Article 59
Pricing from end users:
a. By decision of the Board, the procedure to collect the remuneration or allowances from the final beneficiaries shall be determined with the details, composition and assumptions of the determination to increase them during the preparation phase of the Charlique.

b. During the feasibility study phase, the contractor makes an estimate of the pricing tables to make the conditions of service best possible, secure and at an acceptable price for the beneficiaries throughout the duration of the project and enable the private partner to recover its investment, operating costs and financial costs With a reasonable profit during the duration of the project.

c. The contracting public may, within the conditions and limits set out in article 61 of this Law, decide to provide support or compensation to the private partner in order to cover the financial gap if the proceeds of the pricing are not sufficient to allow for a participatory project on a commercial basis.

d. A participatory contract is attached to the initial pricing schedule as part of the reference scenario for the participatory contract and the terms of change, increased pricing and change of service are identified as appropriate in the participatory contract.

(e) On each public point, whether directly or indirectly concerned, to provide "within the limits of its powers and possibilities/assistance to the private partner to collect the price referred to in paragraph" d " of this article without obstacles provided that this is done by means of the contracting public.

Article 60
Rights and duties of public bodies
a. The contracting public shall enjoy all the rights set forth in the form of a participatory contract, including the right to inspect the activities of the special partner in order to ensure its full compliance with the terms and conditions of the contract.

b. The contracting public is fully committed to all conditions and provisions of a participatory contract and is working to fulfil its obligations, including:

1. Implementation of preliminary studies and financial systems, study of options and value-for-investment analysis and all other relevant studies that would have access to an integrated, technically and financially participatory project.
2. To submit, in accordance with the provisions of this Law and other relevant instructions, the proposed participatory projects and financial and other support studies to the Council through the Bureau for examination and statement of possible approval.

c. It is the responsibility of the contracting public.

1. Preparation of solicitation documents for substantive, financial and contractual proposals

2. Implementation of contractual procedures leading to the selection of the special partner.

3. To establish an effective and transparent governance structure to track the commitment of all parties to the terms and conditions of a participatory contract.

4. Provision of information, data and studies requested by the Board and the Bureau.

5. Coordinate activities and comply with all instructions issued by the Council.

6. Prepare and enable a qualified technical team to manage the project and oversee its contractual operations.

d. The public authority must supervise the proper operation of the project and be entitled to visit all the project company offices and to have access to all necessary documents even during the operation of the project at any time it deems appropriate without affecting the implementation of the participatory contract or operation of the project as the contracting public may be entitled to. Access to the ancillary and ancillary contracts signed between the project company and other partners and to request all documents indicating the seriousness of the work and the technical and financial efficiency.

Article 61
Rights and duties of the private partner:
a. The special partner shall enjoy all the rights provided by this law and a participatory contract, including the exclusive right to invest the project under the contract.

b. The private partner or the enterprise company shall be entitled to be paid by the contracting public or the public directly for the payment, development, expansion or investment of the project in accordance with the terms and conditions of the participatory contract, which must also provide for calculating methods Wages or allowances and how to modify them.

c. The contracting public or any other public authority and based on value for money, and under the prior approval of the Council, may provide guarantees and economic support to ensure the sustainability and implementation of the project and its financial means and must be provided for expressly and for example, by the DARs. Inventories:

1. Direct financial payments to the private partner as an alternative to or in addition to wages or allowances that are charged for the use of the project or its services, including financial support and capital grants.

2. Provision of in-kind contributions, including the transfer of ownership of assets or the right to invest them and the land use rights necessary for the project throughout the duration of the project.

3. Grant incentives for investment in the Syrian Arab Republic in addition to the incentives decided by the Board.

4. Grant loans.

5. Provide any financial support or guarantees approved by the Council.

d. The contracting public may also provide compensation to the private partner in case of financial damages resulting from unexpected changes in laws and legislation that directly affect the participatory contract or services of the enterprise or project subject to the contract and may be Compensation by modifying the duration of the contract or increasing the value of the allowances due to the private partner or any other method agreed upon by the parties to a participatory contract.

e. Foreign and Syrian investors residing abroad are entitled to invest in participatory projects and to reconvert their investments in foreign exchange, including proceeds and profits on the capital, shares, interest and proceeds of the resale of investment or part of it.

The foreign workers of the project company or the private partner in Syria are entitled to transfer 50 percent of their wages and compensation, including compensation for the end of service outside Syria.

Special partner shall not be entitled to use property outside the project and its assets and must obtain prior approval from the public contractor prior to the disposal of any assets or assets subject to the project.

h. The Special Partner is committed to providing the full funding needed for the project or part of it from its own resources and -- or through other funding mechanisms, and there must be part of the funding from the Syrian financial or banking sector according to the ratios established by the request for proposals or the Board.

I may not have an effective quota for the private partner to transfer this property to a third party without the approval of the public contractor and the council unless there is a participatory contract, and the participatory contract must clarify the conditions upon which the consent of the entity may be obtained. The General Assembly and the Council.

Non-strategic partner, within two years of the date of entry into force of a participatory contract, may transfer ownership of its share or shares in the enterprise to another Party in part and in whole or waive any rights relating to it provided that the approval of the contracting public is accepted and the restrictions or conditions are taken into account Additional either in the founding documents of the enterprise company or in any other project document.

k. A strategic partner following the expiration of a five-year period from the date of entry into force of the participatory contract and three years from the commencement date of the project, whichever is the transfer of ownership of the quota or equity in the enterprise and related rights to another Party, provided that any additional conditions contained in documents are adhered to. The project and the sale of strategic partner shares are always subject to prior approval by the contracting public and are not granted unless the transfer of shares or shares is to a party with a technical and financial capacity similar to that of the original strategic partner.

Article 62
Confidentiality:
The public contractor, the council and the bureau deal with all offers of the secret and in the form that ensures that none of its contents will be disclosed or leaked to the opposing parties except as provided by this law and that it is committed to granting full confidentiality to any discussions, contacts or negotiations between them. None of the exhibitors are entitled to disclose or leak any technical or financial information or other information related to discussions, contacts or negotiations to any third party except with the consent of the other party, unless such disclosure is an obligation under a law or by a judicial order or Financial presentation procedures were of a public nature.

Article 63
Notification of referral:
The Contractor shall declare the Contractor's identity in the Official Journal and in one or more of the daily newspapers and shall include a summary of the main conditions of contract and a summary of contractual procedures.

Article 64
Record of contractual procedures:
The contractor shall prepare and maintain a special register containing an appropriate amount of information relating to contractual procedures that have taken place in connection with a participatory contract, starting with the submission of its offer and the termination of the identity of the contractor's private partner.

Article 65
Audit:
a. The Company shall prepare its accounts in accordance with international standards for the financial reporting of the Syrian Arab Republic and shall be audited annually in accordance with international auditing standards and in accordance with Law No. 33 of 2009 and its amendments.

b. The auditor must declare the application of the standards and regulations referred to in the reports issued.

Article 66
Public Sector Workers:
a. In case the participatory project is attached to an existing public sector facility, some public sector workers can be used according to their qualifications in the project company at the request of the project company and on the basis of their desire after their functional relationship with the public is terminated in accordance with the laws in force.

b. Workers employed under the terms of paragraph "A" of this article shall apply the provisions of the Labour Code instead of the provisions of the Basic Law for State Workers.

c. The remaining workers of the public sector remain subject to the legal provisions applicable to them while retaining their full acquired rights.

Article 67
Insurance priorities in kind:
Insurance and in-kind guarantees provided to lenders for their contribution to the financing of the Enterprise shall enjoy precedence in any guarantees and other privileges, including any measures of collection to satisfy other creditors.

Article 68
Waiver of financial rights for creditors:
a. The Special partner may, in part or in whole, waive his current or future financial dues resulting from a participatory and clearly defined contract for the interest of banks, credit institutions or other financing institutions, following the approval of the contracting public and the waiver shall be effective and binding on the entity Contracting public from the receipt of hazards to the waiver sent by a registered book.

b. The strategic private partner may undertake to grant solutions to creditors or their agents, provided that a participatory contract is waived for another strategic partner that meets all requirements mentioned in this law and that it has the competence required to complete, operate and manage the project This is after the approval of the contracting public.

Article 69
Property, immovable property and guarantee rights
a. If the participatory contract provides for the provision of works and-or the establishment of an infrastructure for a participatory project or other enterprise on any land placed at the disposal of the project company and for the benefit of the public benefit, the private partner has access to property rights equal to property rights in the assets of the project and others. Enterprises throughout the duration of the project.

b. The special rights contractor shall provide exclusive rights to use or assist any property other than those referred to in paragraph "A" of this article when it is necessary directly or indirectly for the provision of public service throughout the duration of the project, as provided for in a contract Participatory with the preservation of the rights of owners of these lands for the duration of their use as lease, purchase or acquisition in accordance with the provisions of Article 70 of this Law.

c. The equity quota of the real estate ownership of the project company shall be recorded in the real estate paper in the real estate register.

d. An insurance reference to this share of property rights may be made only in the interest of the creditors, such as guaranteeing or securing the loans of the project company for the purpose of financing the project and for a maximum duration of the duration of the project.

(e) When a participatory contract is terminated, it may be premature to waive these rights for a new special partner in accordance with the conditions specified in the participatory contract and with the consent of the contracting public and creditors.

The project company is entitled to establish guarantee rights on any of its assets as immediately as to ensure any funding that the project needs, in particular:

1. movable or immovable property owned by the project company or its share of the project assets.

2. The proceeds of the proceeds due to the project company for the use of assets or the provision of services according to the participatory contract.

g. The shareholders of the project company are entitled to mortgage or to establish any other guarantee on their shares in the project company.

A Special partner except for the limitations listed on board the contract shall have the right to place any of its assets, including those that belong to the project, as a guarantee of any financing required for the project.

i. Private equity owners can provide any other collateral on their shares.

j. No guarantees can be made under the terms of paragraph "a" of this article on public property or on any property, assets or rights required for the execution of the project.

k. The project company can provide any of the guarantees it has to finance the project, including the assets to which it has been transferred.

Article 70
Angel:
a. Asteric cases and the establishment of immovable property rights or concession rights over the property necessary to establish the infrastructure of the project or provide services within the scope of this law to the public interest and take the form of the public defender and benefit from the special benefits The procedures set out in the regulations in force and are treated as urgent matters and are of major importance as a case of uncertainty.

b. The contractor shall implement the contracts and establish fixed real estate rights or concession rights with the assistance of the project company in accordance with the timing and conditions stipulated in the participatory contract, and in such a way as to put these rights and real estate at the disposal of the project company, free of burden. Occupations before the dates or time stipulated in the participatory contract.

c. On the contracting public in all cases and with the consent of the Board to put in place an alternative housing or compensation scheme in accordance with the laws in force and, in all cases, the private partner must not charge any claims, compensation, payments or otherwise, which is claimed by him or her Individuals or groups affected by the process.

d. To be used by decree in return for compensation equivalent to the real value of the property and if the deadline for the completion of the operation and the establishment of the fixed rights or franchise rights for such property expires prior to the completion of the proceedings, the contracting public shall be granted The project company is extending the duration of the project and its deadlines are equivalent to the duration of the delay.

(e) In all cases, the enterprise company deserves compensation for any additional cost or loss suffered as a result of the delay, provided that it has made every possible effort to mitigate the cost or loss.

Article 71
Environmental protection:
a. Environmental impact assessment:

1. An environmental impact assessment study that includes potential impacts on the environment from the creation, construction, implementation or rehabilitation of a participatory project or the provision of associated services is developed in a manner consistent with the laws in force, in particular the Environmental Protection Act, its operational instructions and the best International practices applied in this area.

2. The request for proposals shall include a summary of the terms of reference and all the procedural milestones necessary for the preparation of the environmental impact study in preparation for the necessary authorizations and approvals and shall be adopted by the competent environmental focal point prior to the signing of the participatory contract.

3. If the competent environmental authority imposes additional requirements or rules and regulations after the signing of the participatory contract and does not provide for it in the terms of reference, the contractor shall compensate the project company for any additional cost, expense or delay resulting from it.

b. Additional measures to protect the environment:

Measures aimed at increasing the protection of the natural and heritage environment can be added to the participatory contract, provided that they are included in the Declaration on Initial Qualification, taking into account the criteria for achieving social responsibility in terms of providing what serves the environment in society and addressing environmental problems Different.

Article 72
Archaeological discoverers:
a. In case of archaeological remains discovered during the construction work, the special partner and the project company must inform the contracting public, which, in turn, teaches the Directorate General of Antiquities and Museums in the Ministry of Culture for the incident, and within 60 days, this Directorate will clarify the ways to continue. The work of the project and the work necessary to ensure the protection of archaeological finds and shall be carried out by the contracting public, taking into account the provisions of article 47 of this Law by granting the project company an extension of the duration of the project and for the deadlines that are equivalent to the delay of the resulting delay, provided that such delay may have caused the project. A complete business moratorium.

b. In all cases, the private sector is entitled and -- or the enterprise company is entitled to compensation for any additional cost or loss suffered as a result of the delay, provided that it has made every possible effort to mitigate the cost or loss.

Article 73
Contract waiver:
The rights and obligations of the special partner under the terms and conditions of the contract shall not be waived to any third party without the consent of the contracting public and the Board and the contract must include the conditions under which the contractor may agree to the waiver of the private partner of his or her rights and obligations to a party Third, including the acceptance by the new special partner of all obligations established by the contract and the establishment of its substantive and financial capacity to provide the services subject to the contract and its approval by the Council.

Article 74
Difficulties and contract modification:
a. A participatory contract shall determine the degree to which the Special Rapporteur is entitled to claim amendments to the contract intended to compensate him if the cost of implementing his or her obligations under the contract has increased substantially or the value of the proceeds obtained from the implementation of the contract has substantially decreased as a result:

1. Changing economic or financial conditions.

2. To change legislation and laws that govern directly or indirectly the operation and operation of the project, which adversely affects the proceeds of the private partner.

These changes must be economic, financial, legislative or legal:

1. Signed after the signing of the contract.

2. Out of the control of the private partner.

3. Of course, it is not expected that the special partner would have taken it into account during the negotiation of the contract.

c. A participatory contract must include the procedures under which its terms can be reviewed and amended.

d. A participatory contract and other contracts may be amended only with the consent of the parties and the Board and if the obligations of the contracting public are associated with financial obligations of another public body, the amendment shall not be effective without the approval of the Board.

Article 75
Financial balance of contract:
a. If the parties to a participatory contract do not reach a common formula for amending it, the private partner may ask the Board for material compensation or increase the number of years of investment to "extend the duration of the contract" in case:

1. Change the laws in force that affect the financial balance of the contract so that the investment versus investment is not feasible or the cost of implementation increases for emergency reasons by more than ten percent.

2. The decline in the exchange rate of the Syrian pound against foreign currencies is more than 10 percent, with the contracting public or the state not committed to fixing the exchange rate since the date of the contract and until the expiration of the contract.

3. Economic inflation does not correspond to the high returns of the private sector.

4. Increase investment costs such as high wages for workers or raw materials necessary for the implementation or operation of the project.

5. Any other prejudice to the financial and economic balance of the contract.

b. If the private partner does not receive fair compensation, the dispute may be resolved in accordance with the requirement to resolve the differences in the contract provided that it continues to implement its contractual and legal obligations and that the public may not terminate or terminate the contract until a judicial or arbitral award is in place and has been executed.

c. If the cost of implementing the partner's obligations under the participatory contract increased by more than 25 per cent or the value of the proceeds derived from the operation of the project decreased by more than 25 per cent as a result of work done by the contracting public or any relevant public, the parties did not reach To satisfactory legal solutions.

Article 76
Intervention by the contracting public:
Under the circumstances provided by the contract, the contractor is entitled to temporarily operate the project in order to ensure effective and continuous service delivery if the partner fails to implement its obligations and is unable to repair the defect within a reasonable time after receiving the written notification from the entity. The General Contracting Party must do so.

Article 77
Replace your partner:
a. The contracting public may, under the terms and conditions of the contract and after the approval of the Board, be entitled to replace another private partner with the special partner as a priority for those who have already qualified and submitted an offer for the project and depending on the degree to which it was obtained to carry out the terms and conditions of the contract. Same as the financial cost for investment and guarantees, in the event that the private partner does not respect its obligations, resulting in the termination of the contract or in other circumstances justifying the termination of the contract on the responsibility of the private partner, such as the appearance of political reasons that led to economic sanctions for the private partner or the entity. General contractor or Syrian Arab Republic.

b. In the event of termination of the contract on the liability of the private partner, the contractor shall be compensated for the damages incurred or by the users of the project as a result of the termination of the contract or the result of the replacement of another with a more expensive private partner for the investment.

Article 78
Resolving conflicts:
a. Conflicts between the contracting public and the private partner:

1. Disputes relating to the implementation, interpretation, validity, termination or dissolution of a participatory contract or any secondary contract to which it arises between the contracting public and the private partner shall be resolved through the friendly solution.

2. If the parties do not reach a solution within thirty days of the date on which the other party is notified in writing of the friendly settlement application by one of the parties to the dispute, any of them shall be entitled to resort to one of the following methods:

1. The Syrian administrative judiciary.

2. Internal arbitration.

3. External arbitration.

3. A participatory contract must include the identification of one way to resolve the differences referred to above, and the arbitration may subsequently be agreed upon if the participatory contract is free from the arbitration clause.

4. In the absence of an agreement to resolve the dispute through arbitration, the Party of interest may have recourse to the Syrian administrative judiciary to resolve the dispute.

5. Any arbitration dispute in force in the Syrian Arab Republic shall be applied unless otherwise agreed in a participatory contract or secondary contracts.

b. Dispute settlement with project clients:

The Contracting State may request the special partner or the enterprise company to develop simplified and efficient mechanisms for dealing with complaints from the project's customers in case the private partner or enterprise company provides services to the public directly or is operating infrastructure facilities used by the public.

Article 79
Conflict with other relevant laws:
a. In the event that there is a conflict between the articles and provisions of this Law and other relevant laws that prevail in the articles and provisions of this Law.

b. To be referred to the Council in all unless a provision is contained in this Law.

Article 80
Balancing the Council
a. The expenses of the Board from the budget appropriations for the Prime Minister's Office are covered by section IV "Manufacturing expenditures".

b. To monitor in the State budget a subsidy to the Council within the budget of the Prime Minister's Office 4, "Manufacturing expenditures".

c. The Council shall be entitled to impose allowances:

1. On the exhibitors to cover the costs of the preliminary studies and should be provided for in the solicitation declaration.

2. The due value for everyone who wishes to participate in order to obtain the initial study and the manner in which it is paid.

3. A successful exhibitors shall be determined to declare their value in the solicitation declaration.

4. Oversee the implementation of participatory contracts and be paid by the private partner or the project company to determine its value and how it will be paid in a participatory contract. Such allowances shall be transferred to the public treasury of the State.

Article 81
Taxes and incentives:
a. By law on the proposal of the Board, the special partner and the enterprise company or one tax exemption may be granted each or some of the tax credits in accordance with the nature and importance of the project.

b. By decision of the Board, the special partner and the enterprise company or one may be awarded incentives, including credit facilities, financial guarantees and other benefits that are determined by the award.

Article 82
Operational instructions:
On the proposal of the Minister of Economy and Foreign Trade, the Prime Minister will issue the executive instructions governing this law.

Article 83
This law is published in the Official Journal.

Damascus at 30-3-1437 A.H., 101-2016, is my birthday.

President

Bashar al-Assad

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