Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=15836&RID=-1&Last=10058&First=0&CurrentPage=0&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&
Act 5 of 2016 public-private partnership of the President of the Republic based on the Constitution and approved by the NPC at its meeting on 18-3-1437 Hijri, 29-12-2015 ad.
Issue: section 1
Definitions and scope of the law article (1) definitions and terminology
The following terms and expressions shall mean in the application of the provisions of this law, the meanings to each side.
1. the public body. Any Ministry or Department or public body or public department or institution or a company or a public facility or unit of local administration or the like.
2... Contractual relationship to time and agreed between a public and a private partner, whereby investment partner in one or more of the following activities. Design, create, build or implement or maintain or rehabilitate or develop or manage or operate a public facility or a project in the public body concerned with a view to contributing to the public service or public interest envisages service directly to the public or on behalf of the contracting authority to the final beneficiary.
3. the Council. Participative Council provided for in article 7 of this law, which is the highest authority regarding participatory Affairs.
4. the Office. Participative Office provided for in article 8 of this law.
5. the Steering Committee. The Committee provided for in article 12 of this law.
6. sectoral authority. Updated entity under a special legal instrument if any to organize an open participatory sector.
7. participatory project or project. ". All participatory project is subject to the provisions of this law.
8. list of participatory projects. The list of participatory projects approved by the Council on the basis of this law.
9. the reference scenario. Joomla core features of participatory project included socio-economic assumptions that are departing at the feasibility stage and before starting the contracting procedures and include an assessment of investment and/or project operating costs with income flows during the project duration and key financial indicators.
10. your partner. Any legal person or coalition of domestic and foreign legal persons being contracted in conformity with one contracting procedures prescribed in this law.
11. the contracting public body. General side announces selection procedures for special partner to implement participatory project.
12. participatory contract. The contract between the contracting public body and private partner and establishing the terms and conditions of the partnership.
13. the partnership contract agreements. Any contractual agreements between the contracting public body and/or your partner/and/or any third party included in the partnership contract or attached to it relating to the implementation of part of the underlying contract or element and include "as" any contracts or subcontracts.
14. the project company. Syrian nationality "when appropriate" established for the sole purpose of the partnership contract and be headquartered in the Syrian Arabic Republic and operate in accordance with the provisions of the companies act in force.
The company acquired the rights and assume the obligations as stipulated in the partnership contract including "by" contributing to public service delivery or service envisaged by the public interest.
15. the strategic partner. Legal person who owns in the case of a coalition of experience, expertise and professional competence and basic resources especially for participatory project and to participate in the project company with the minimum specified in the RFP.
16. the duration of the project. The time limit agreed in the contract.
17. the draft complex nature. Any participatory projects where it is not possible for contracting public body identifying core features or functional or artistic, financial, legal or other precise since the beginning.
18. the project advocate. A natural or legal person is being hired to provide advice to the public on specific participatory project.
19. the ear. Any form of approval or certification or license or NOC is required to implement participatory project and contracting by public authority or any other public entity.
20. procedures for subtraction and assignment. The procedures followed by Group General Contracting side put up projects and assigned to choose a candidate to Viewer participatory contract with him.
21-auto show. Participatory project proposal governed by this law offers an exhibitor's initiative and projects not listed in the list of participatory projects or are under consideration for inclusion in the list.
22. the pricelist. The price paid by the final recipient or ultimate beneficiary of the service.
23. the value for money. The net benefit of the contracting public body during the duration of the project in Exchange for using the project or provide your service partner by the partnership contract and cost are measured or price or quality or improve or adapt the service or transfer risk or all or some of these criteria combined.
24. the conjugate of the public sector. Index makes it easier to compare the possible methods for certain public services and is used at the stage of feasibility study for participatory project and take into account global best practices to be adopted by the Council.
25. the acquisition of technology. Cooperation between the public and private sector, in particular the strategic partner so that there is joint action teams composed of both sides so that the public body can absorb new technology and possibility of use and development including investment right patents dating back to the private sector and development.
26. the secondary nodes. The contract is concluded to implement part of the partnership contract and followed him.
Article (2) objective of the law.
This law aims to achieve the following purposes.
-Enable the private sector to participate in one or more of the following activities. Design, create, build, implementation, maintenance or rehabilitation or development or management or public utilities or infrastructure or returning ownership of public sector enterprises and encourage them to invest in it.
B ensure that the services provided through this partnership based on sound economic fundamentals and high efficiency in performance and provide a more appropriate manner and bring added value to local resources.
C ensure transparency and non-discrimination and equal opportunities, competitiveness, safety and legality of all procedures for the partnership contracts to ensure the delivery of services of general interest manner while ensuring the rights of all parties, including users of services and private investors.
Article (3) the scope of the law.
A-this code applies to participatory public side summits contracts with the private sector in order to develop or extend the project and invested by the private sector alone or in partnership with other public or private entity by the project company with private sector revenues, mainly from the proceeds of the project as a result investment directly or by the project company in accordance with the terms of the contracts.
B exempt from application of the provisions of this law, the following decades.
1. the contracts concluded by public sector in accordance with the provisions of the law (51) in 2004, as amended.
2. contracts for the exploration and exploitation of natural resources such as oil.
Article (4) of law enforcement.
A public authorities may establish participatory projects with NGO Council and Syrian normal controls.
B-normal Board and controls that define the conditions and forms of participatory management.
Article (5) participatory types.
A-Board various types or forms of participatory and indicative evidence issued contracts for each of them.
B general contracting entity shall request the contractual structure offers Favorites based on preliminary studies conducted.
Article (6) project company.
When the need to implement the project company established project company in accordance with the provisions of the contract within the term specified by the partnership contract should refer to any requirements in terms of minimum capital and voting provisions and any other matter agreed upon in accordance with the requirements contained in the RFP requires the project company follows.
A-to be anonymous or limited liability company in Syrian Arabic Republic institution in accordance with the provisions of the applicable companies act and the company of private law.
B-get your partner or strategic stakes or shares in the project company in accordance with the provisions of the contract.
C the contracting public body may not be a partner in the project company.
D-at the suggestion of the contracting public body after Board approval stocks or bonds issued by the project company on the stock market.
E-at the suggestion of the contracting public body and after obtaining the consent of the Council put up partial shares of the project company to go public on the bidding, the contract stipulates explicitly that contract defines the percentage of the public "to find" your partner and strategic partner and shares that will be put on the IPO.
The second door.
Regulatory and institutional framework
Article (7) Partnership Council.
A participative Council occurs to adjust and coordinate participatory projects between the public and private sectors in all areas.
B participatory Council consists.
1. the Prime Minister President
2. the Deputy Prime Minister on Member Services
3. the Deputy Prime Minister for Economic Affairs a Member
4. the Minister of economy and foreign trade members
5. the Minister of finance
6. the Minister for Presidential Affairs a Member
7. the Chairman of the Planning Commission members
8. independent experts be appointed Cabinet members
9. the expert group head office decision
10. the participation of the Minister or competent temporary Mayor and representative or any public entity to follow her and have a direct interest in a project or partnership contracts.
C-functions and powers of the Board.
1. the Council's decision.
A-all decisions to approve projects that can be chmilha by this law.
B ratification of contracts for preliminary studies.
C-request authentication partnership contracts.
D ratification of the partnership contracts.
-The adoption of participatory policies and procedures and developed, including sectoral priorities.
And if the Board shall participatory project relates to more general or hand involves the transfer of ownership of assets for more than one public contact for the duration of the project to identify the contracting public body establishes procedures for the coordination of responsibilities among them.
G-approved economic support for any project and grant rights and privileges and others in this regard.
H-oversee the implementation of participatory projects and track compliance with performance standards and specific implementation.
I endorse the proposed amendments to the partnership contracts as a result of unforeseen circumstances.
-Any other decisions related to the partnership between the public and private sectors.
K-deciding requests for annulment of contracts allocated by the public body.
-Consider the objections set forth in article (38) of this law.
2. the Council right to prevent anyone contracting public final signature on a contract
Opinions related to any project does not achieve value for money or does not meet the minimum standards established by the Office.
3. the President of the Council or his representative officially paymaster duties in the Office.
4. no solicitation of any show about participatory contract only after approval by the Council in the light of preliminary studies to demonstrate the feasibility of the project and the requirements of economic support.
5. the decision of the Council on a proposal from the Office, hiring foreign advisers Syrians or Arabs or by standards issued by the Council on the proposal of the Office of the partnership with the exception of those contracts from the limits in the State employment statute.
6. the decision of the Council on a proposal from the Office, motivating office workers and updated commissions with a view to promoting participatory contracts without obligation to the State employment statute.
7. the Council shall meet at least once a month at the invitation of the President, has held emergency meetings whenever necessary upon invitation of the President.
8. the meetings of the legal Board of the presence of a majority of its members and its decisions are taken unanimously or by a majority vote of those present and, in case of a tie the President's voice is likely.
Article (8) participatory Office: a-occurs in the Office of international cooperation related to participatory Chairman.
B-Office consists of a team of experts headed by the Chairman of the Group of experts and consists of a group of experts, specialists and administrative frameworks chosen or appointed or hired by the decision of the Council.
C-the Office provides substantive advice and administrative, legal and financial, economic and other necessary for the Council and all public bodies regarding the participatory and be particularly functions:
1. technical advice and support services to contracting and General Council in all matters relating to the partnership between the public and private sectors.
2. make recommendations on legislative proposals and participatory institutional and policy to the Board.
3. the proposal to develop procedures and standards based on global best practices.
4. study projects proposed for participatory and express an opinion on their usefulness and making recommendations to the Board and public bodies.
5. publication and distribution of information about participatory programmes and projects.
6. implement awareness campaigns at the State level on participatory and their objectives.
7. the Council's advice in every respect.
8. coordinate all matters related to full participatory economic and social sectors.
9. assist in the preparation of preliminary studies contracts offers regarding any project.
10. help and support stakeholders in resolving offers preliminary studies and submit proposals regarding the Council.
11. the development of standards and best practices relating to participatory and raise them to the Board for approval and propose pilot guides approved by the Council.
12. coordination of technical assistance to all public authorities about starting with participatory preparation of initial studies contracts through partnership contracts and resolution offers assessment and proposals that the Council was under so about ratification and participate in negotiations to modify and proposal to amend these contracts "on board" and observe good partnership contracts and all the rest of it.
13. the proposed projects and checking their offers and contracts governed by regulations.
14. administrative support for contracting public authorities and assist in the execution of its tasks from project idea to implementation.
15. submit proposals regarding participatory Board to take appropriate decisions.
Article (9) participatory public commissions: a-ministries formed a Committee to Board concurrence participatory.
B participatory committees play a role supporting the decision maker at the Ministry or public contracting authority regarding participatory projects in their Ministry especially for members of the Council of Ministers as the institutional link points role committees with the Office and shall facilitate decision making processes regarding participatory projects and contribute to building the necessary institutional capacity to manage and implement participatory projects and providing the necessary technical inputs.
Article (10): a-when you need contracting public body constituted for each project where participatory project Commission Executive Committee.
B-Project Committee functions and powers provided for in this Act and be responsible for all work on participatory project until the signing of the contract, including overseeing the work of the project advocate.
Article (11) Promotion Assessment Committee: a public contracting authority form for each project where participatory Committee to evaluate proposals and select the appropriate view in accordance with the provisions of this law.
B exercise the functions of Evaluation Committee that ensures a fair assessment and professionally for deals and may participate in one or more external auditor work as observers in order to ensure independence and full privacy and prevent conflicts of interest.
Article (12) Steering Committee of the project: a participatory Committee Steering Committee role of participatory projects in the contracting public supervision and guidance and control over the work of the Commission on the project and provide strategic support and make decisions regarding the project.
B-the Steering Committee audit and approval of Project Committee recommendations concerning the following matters:
1. the terms of reference of the project advocate.
2. choose a project advocate.
3. the preferred option for putting the project.
4. the feasibility study.
5. the RFP and preparation of bidding documents.
6. selection of best bidder.
7. the final version of the contract.
C-Steering Committee also issued the necessary decisions pertaining to any other issue of strategic importance to the project.
Article (13) to follow up the implementation of participatory project: a public contracting authority shall supervise the work of the project company and make sure to check the service quality and performance standards and provide outputs and conform to the required specifications and follow up the implementation of the partnership contract and guarantee the rights of end users, as illustrated by the partnership contract and manuals issued by the Council.
B special partner offers and-or the project company for contracting public authority periodical reports on the functioning of the partnership contract.
C-your partner and/or the project company to ensure the health and safety conditions for workers.
Article (14) sectoral authority: if any authority events sectors involved in participatory projects under partnership contracts and projects in the sector of the texts that govern that body governing the effective date of those texts.
Article 15 preparatory actions: a-project preparatory measures before the announcement of the request for proposals or request for initial qualification and these actions include feasibility studies for the project and a project information and solicitation documents and others, as follows:
1. set the public side can contract.
2. set the advocate or more to the project. At the suggestion of the Office to provide advice and assistance in the various stages of the participatory project preparation and project advocate consists assigned to any stage of expert group stages the moderate one legal person or in specialized companies when Coalition needs advice on economic and financial aspects, legal and environmental, social and technical and planning to have experience in participatory projects and best practices applied internationally and also advocate must have competencies and appropriate skills and expertise to help the contracting public body and provide Advice independently in developing participatory projects.
3. the Office contributes to financing the cost of hiring an advocate by a decision of the Council.
B-offers advice and participation project advocate required in the development and preparation of financial, technical and legal documents needed to implement participatory project.
C-selection consultative project and determine the terms of reference in accordance with the established mechanism of participatory Office according to the methodology and principles set forth in this Act the Board may exclude contracting procedures with the provisions of the contract system project advocate consolidated law no 2004 and 51 as amended.
D-includes contract between Contracting and public advocate side project phases and at least the following:
1. first stage: preliminary studies, feasibility studies.
2. phase 2: preparing for the first qualification request in accordance with the format adopted for the procedures provided for in this law.
3. phase 3: preparing the details of the procedures and documentation for participatory performances.
4. phase four: advise independently of previous stages in the partnership contract procedures including preparation of all necessary documents.
E-project feasibility study:
1. the feasibility study: a technical working document prepared comprehensive project evaluation project in coordination with the Advocate General and the Office.
2. the study must be accurate and in depth and implemented in a professional coordination between all parties concerned.
3. in complex projects that require a framework contract involving a number of participatory beneath other contracts such as financing contract and statute of the project company and other secondary contracts hash feasibility study into two or more including in all cases the preliminary feasibility study phase or stage visualization with emphasis on the needs of the public and users of the service and service availability and convenient prices.
And-preparing project information document:
1. the contracting public body to prepare an information document on the project on the basis of a preliminary feasibility study of the project and the National Security Advisor's help desk.
2. define manuals issued by the Council in accordance with the provisions of this law details the contents of this document are included needs analysis and study options.
Article (16) contracting procedures: a-minus and referral procedures governed the relationship between the contracting and General exhibitors and any other party involved in a participatory project to principles of openness and transparency, equality, equal opportunities and competition, proportionality and balance and protect the public interest and the protection of the rights and protection of the environment and sustainable development in accordance with the provisions of this law.
B-apply these principles on all actions of subtraction and assignment, regardless of the type of contract to be concluded.
Article (17) Contracting methods: participatory contracts one of the methods as follows:
.. The request for proposals.
.. Non-competitive procedures.
.. Automatic bids.
The first chapter
Request for proposals
Article 18 of the bidding stages: there are three stages to contract: first qualifying offer and contract and have it after the completion of the preparatory phase.
Article (19) until the first qualification and procedures: a Contracting public body begins after Board approval first qualification process designed to identify qualified exhibitors for presentations.
B the contracting public body announced its first qualification procedures and requirements after the preparation and supervision of the Office according to preliminary studies, should give prospective exhibitors long enough to submit their applications.
C-must include a call to first qualify as a minimum:
1. Description of the project.
2. statement of the basic components of the project and the required minimum technical and financial arrangements imposed by the public and other required information.
3. the most important strategic partner specifications and experiences and techniques.
4. the manner, place their exhibitors including application deadline date and timely.
5. how and where to obtain the initial qualification documents.
6. the price of the first qualification documents.
D-in addition to the above first qualification documentation should include as a minimum as follows.
1. initial qualification standards according to article 21 of this law.
2. indicate whether the contracting public body would limit herself to a set number of exhibitors to make presentations after passing a first qualification in accordance with item b of article 23 of this law.
3. the proposed timetable for the completion of the first qualification and bidding and contracting.
Article (20) initial eligibility criteria.
-Should the Exhibitor to qualify the bidding stage pass the standards set by the contracting public body according to what is mentioned in the first qualification documents that contain such minimum standards as follows.
1. professional and technical qualifications, human resources, equipment and installations and/or buildings necessary to implement all the services required by the implementation of the project.
2. strategic partner and his techniques and experience in similar projects.
3. the solvency necessary to meet the financial requirements of the project.
4. financing capacity and funding channels for the implementation of the project.
5. appropriate administrative and managerial capacity, reliability and experience, including experience in implementing infrastructure projects and similar services.
6. technology to be acquired by General Contracting Authority and procedures for acquiring technology.
7. provide a description of the projects that the viewer has already accomplished.
B General Contracting Authority can demand of some candidates to qualify complement deficiencies or provide some clarifications on the show.
C-exhibitors qualify to participate in the bidding stage when.
1. the exhibitor is not governed by the month of bankruptcy or liquidation or receivership or quit the business or any legal action leading to the demise of his personality.
2/don't have the viewer has already made the incorrect documentation.
Article 21 involvement of a coalition of companies.
-Allows for exhibitors when presenting the first qualification form a coalition among themselves to apply the requirements set out in the previous article on the whole coalition and strategic partner in the coalition.
B-no member company directly or indirectly in a coalition to be a member of another coalition unless the first qualification documents expressly provided, and any breach of this rule is to reject the coalition and its affiliated companies.
C the contracting public body shall examine the capabilities of both companies under the coalition and assess whether the qualifications of these companies in one convenient Coalition to achieve all phases of the project requirements.
Article 22 eligibility decision I..
A General Contracting Party shall each grading criterion of first eligibility criteria referred to in paragraph a of article 20 of this law.
B General Contracting Authority shall take its decision on the eligibility of exhibitors who applied first qualification based on the standards developed by degrees.
C-General Contracting Party declares its main resolution containing the results of the first qualification.
D-General Contracting Authority invites exhibitors who have passed the qualifying stages first to make presentations in accordance with articles (24) to (32) of this Bill after acquiring its deterministic class.
Procedures for solicitations
Article (23) solicitations for phase or two phases: a-going presentations by qualified exhibitors only on one or two stages due to contracting general assessment and approval by the Council.
B General Contracting Agency provides exhibitors who have passed the first stage of qualification specifications and other documents required to bid for the price you specify general contracting authority.
C General Contracting Party may resort to the procedures in two phases in case the project was complex and exhibitors are not allowed to submit their bids.
D-the following provisions apply when using dual action stage.
1. must include initial conditions book solicitations to request exhibitors preliminary presentations dealing with project specifications and performance indicators and financial requirements and the like of the basic properties of the project in addition to the General contractual terms proposed by the contracting entity.
2. the contracting public body to hold meetings and organize dialogue sessions with each viewer of exhibitors to answer the questions of the exhibitors on the first specifications and related documents besides discussing initial offers for exhibitors and related documents and the contracting public body shall prepare the minutes of these meetings and interactive sessions include questions that have been asked and clarifications provided by the contracting public body.
3. the contracting public body after reviewing the initial offers made by the Exhibitor should review and amend the first specifications shuffled partially or entirely including project specifications and performance indicators and financial requirements and contractual terms and criteria for the evaluation and comparison of tenders and everything related to it and the contracting public registration of all modifications and additions to the registry for contractual procedures for the project citing reasons for amendment or deletion or addition that included all new call by the contracting public body for exhibitors to present their final.
4. the contracting public body call for exhibitors to present their final in accordance with the provisions of articles (24) to (31) of this law.
Article (24) content of the RFP.
RFP must include as a minimum as follows.
A-general information for exhibitors with the aim of enabling them to prepare and submit his shows including information about the deadline for presentations and binders.
B-project specifications and performance indicators including other Contracting public body requirements such as safety and security standards and protection of the environment and the acquisition of technology.
(C) contractual terms specified by the contracting public body including reference to non-negotiable terms.
D-criteria by which evaluation and weighting each of these criteria in addition to the way the application of the criteria for assessing the invalid rejected offers.
-Anything else would be appropriate to add it according to the General Office of the Contracting Party.
Article (25) offers insurance.
A RFP identifies all promotion insurance requirements including the nature, format and value insurance and everything that goes with it.
B-the Viewer does not lose his right to recover any of the offers insurance only in one of the following cases.
1. pull or modify the offer after the deadline for submission of tenders.
2. failure to enter final negotiations with the contracting public body in accordance with the provisions of section a of article (32) of this law.
3. do not sign the contract if the Exhibitor General requested that after accepting.
4. failure to submit the final insurance necessary to implement the contract after acceptance of the contracting public body width or accidental failure by signing a contract with any other condition specified in the RFP.
Article (26) clarifications and modifications.
A-general contracting authority on its own initiative or as a result of receiving inquiries from exhibitors RFP review and modify any items if necessary.
B General Contracting Authority shall notify all exhibitors with any change to the RFP or documentation if the contracting public body modifications require change documents relating to the RFP which may affect the deadline for exhibitors to present their bids could extend the deadline for the submission of tenders.
C-General Contracting Authority indicates the record for contractual procedures for project justification made to modify the RFP and inform exhibitors in any delete or modify or add in the same way that have been notified in the RFP.
Article (27) presentations.
A linear presentation viewer submitted after signing in a sealed envelope or more and the contracting public body any display up to her after the deadline for presentations without having to disrupt it.
B the financial presentation includes valuable investment and many years of project implementation and investment project use allowance and public participation or hand with your partner in the project company that had events and other points to be determined by the contracting public body under the supervision of the Office.
C-must publicly display all financial presentations to inform all exhibitors competing offers without knowing names.
Article (28) evaluation and comparison of tenders.
A-the Contracting Office share general evaluation and comparison of tenders in accordance with the standards of presentation and wind weighting given to each of those criteria in accordance with the procedure specified in the assessment process in the RFP.
B general contracting authority to define minimum standards with respect to quality and technical, financial and commercial aspects which reject offers which do not satisfy these minimum standards.
Article (29) evaluation criteria:
A-includes standards governing the evaluation and comparison of performances as a minimum:
1. meet environmental safety standards.
2. the feasibility and operational efficiency.
3. quality of services and measures in ensuring the continuity of this quality.
4. the technical and acquisition by public entity.
B-containing standards governing the evaluation and comparison of financial and commercial offers:
1. the value of the investment and financing.
2. current value of service compared with allowances which will impose the Viewer on the user and the contracting or public within a decade.
3. the present value of the proposed pay direct payments from the contracting public body found.
4. Design and construction costs and annual operation and maintenance costs and the present value of capital expenditures and operating expenses and maintenance.
5. economic support required from the contracting public body found.
6. efficient financial arrangements and the possibility of doing them.
7. the degree of acceptance of the negotiable contractual terms proposed by the contracting public body in the RFP.
8. the contribution of the public authorities or by the project company.
9. the amount of the value of guarantees required of public authority or Contracting State.
10. the number of years of investment and partnership contract.
Article (30) reconfirmation of the competence: General Contracting Party may request to exhibitors who have passed the first stage of qualifying a reaffirmation of their qualifications using the same criteria that were used in the first qualifying stage and General Contracting Party the right to refuse any Viewer fails to reaffirm these qualifications.
Article (31) final negotiations: a general-contracting the help of participatory Office after submitting and compare deals by inviting the viewer who achieved the highest score possible to final negotiations on the drafting and signing of the contract and in its implementation.
B does not include final negotiations none of the contractual terms and conditions referenced in the RFP as non-negotiable.
(C) in case the contracting public body reached the firm conviction that negotiations with projector won't reach satisfactory contract within acceptable time limits and specific offer general contracting authority is entitled to inform the viewer built to stop negotiations and patience for thirty days to submit a final offer in the event that the contracting public body found final show is unacceptable, they have the right to terminate the negotiation and best bidder invitation to negotiations and repeat this procedure until reaching a contract a disease or reject submissions All in no case shall the contracting public authority to renegotiate with a model that has already finished negotiating with him.
Article (32): (a) participatory contract during negotiations if the contracting public body reached an agreement with the winning bidder or the next in sequence about the requirements you declare the name of chosen to contract and then prepare a draft contract.
B-once a final contractual partnership contract project is displayed by the Council Office for authentication.
C-on the recommendation of the Council takes the final decision to believe the contract and authorize direct contracting public body in conducting participatory project contract or no authentication and refused to sign the contract and cancel it.
D-General Contracting Authority conclude alone or in addition to any other public entity with private partnership contract and shall be effective from the date of approval of the Council.
Participatory contracts non-competitive procedures
Article (33) conditions conducive to non-competitive procedures: Contracting public body after obtaining the approval of the Board non-competitive contract procedures did not fall under the provisions of articles 19 to 32 of this law in the following cases:
A-if the nature of the project so requires or if there is an urgent need to ensure the continuity of services in the way that you look with contractual procedures described in articles 19 to 33 of this Bill are practical circumstances that prompted this urgent unforeseen or unexpected advance of the contracting public body and is caused by the negligence or fault or if the led display to contracting procedures.
B-when the project involves aspects related to public safety.
C-If a tender request was announced and did not want to qualify more than one viewer first.
D-in other cases where the Council finds, inter alia, permit the waiver of the provisions of articles 19 to 33 of this Act.
Article (34) non-competitive negotiation procedures: when negotiating a contract uncompetitive participatory without recourse to competitive contracting procedures the contracting public body:
A-except for contracts negotiated under the provisions of paragraph a of article 33 of this law, public contracting authority Announces Open call for intention to establish and implement participatory project non-competitive procedures outlining what project and application date and the date of the commencement of negotiations.
B-after the arrival of requests from strategic partners or coalition of companies includes strategic partner General Contracting Authority commences negotiations with each of them about participatory contracts.
C General Contracting Authority shall prepare evaluation criteria which will be according to assess findings of negotiations with your partner and partnership contract with the best after the approval of the Council.
D-General Contracting Party declares its main resolution containing the name of the applicant that best selected him for the partnership contract with him.
Chapter IV: unsolicited
Article (35) accept unsolicited: the contracting public right to review and accept unsolicited according to procedures which are governed by the provisions of articles 37-38 of this Bill not associated with any project contractual procedures were announced or launched.
Article (36) procedures governing the acceptance of unsolicited: a public contracting authority shall after consultation with the Bureau to study the unsolicited and determine whether the project is in the public interest, and learning his display resolution may not exceed the duration of the study and decision three months inform the automatic display.
B General Contracting Party if the project is in the public interest to request the Exhibitor to provide all information that assists them in evaluating proposed show exhibitor qualifications and technical and financial feasibility report of the project successfully within acceptable contractual terms for contracting public body.
C-the proposal within the contracting public authority has determined to prepare preliminary studies technical, economic, legal and other environmental impact studies to be associated with sufficient information about the project or technology used in principle.
D-General Contracting Party committed during her studies offer automatic protection of intellectual property rights and industrial and commercial confidential information and any other exclusive rights guaranteed by the automatic display or referred to or resulted in neither the contracting public body using information obtained from this automatic display only with the consent of the Exhibitor, for three years starting from Gregorian receive automatic display.
Article (37) contracting procedures in automatic contracts: a-General Contracting Party within a period not exceeding three months from the date of receipt of the documents referred to in paragraph b of article 36 of this law and after consultation with the Bureau to take a decision on acceptance or rejection of the project included in the automatic display them and in case of acceptance the automatic display them the contracting public after approval by the Council to initiate a tender procedure for this project under the provisions of articles 24 to 33 Of this law and in the event of refusal of the proposed automatic re-originals and any copies thereof to the viewer who prepared and submitted without the right provided for in article 38 of this law.
B the contracting public body shall invited AutoShow owner to participate in any competitive contractual procedure initiated by the result of automatic display by this viewer gives her added to assess the likely financial and technical-or 10% of the total maximum scores for the evaluation and contracting public body by reference to the identity of the viewer and automatic addition obtained in contractual procedure documents.
C at the end of the evaluation procedure begins negotiations for partnership contract in accordance with the provisions of article 32 of this law, then the partnership contract in accordance with article (33).
Article (38) objections: any public authority violation result viewer provisions contracting methods provided for in this law to object to the Council and request a review of the actions of the contracting public body and appeals in accordance with the following rules:
First: for the first qualifying results:
A decision of a public body is objecting to the results of the first qualifying contracting within five working days starting from the day following the date of the contested decision.
B the Council shall decide on the objection within five working days of the final administrative decision announced in a bulletin board.
C-If the decision of the Council accept the challenge it at the same time serving to add interceptor to the list of accepted the results of the first qualification.
D-interceptor who refused his objection to challenge the Council's decision before the administrative court within five working days starting from the day following the date of announcement
The impugned Council.
E-detailing the administrative court promptly to challenge the study room within a period not exceeding five working days from the date of appeal court decision divan contract.
And-if the Viewer is rightfully claim offer insurance by confiscated for public contracting entity be sequestrated offer insurance backed up by virtue of this law once brought before the administrative courts and the lack of reserve supply insurance reserve or lack thereof to request a stay of execution and the lawsuit.
G-if that Viewer was arbitrary in its objection is bound to pay compensation to the contracting public body equivalent to projected revenues identified in the feasibility study urged implementation of the project during the period of litigation and any other compensation cost increase.
Secondly: for the viewer's name results winner:
A viewer that right did not announce the decision victory over objections to Contracting General containing the Declaration of the name she chose to sign him to confront the viewer winner during 10 working days starting from the day following the date of the contested decision.
B the Council shall decide on the objection within fifteen working days of a final administrative decision, announced in a bulletin board.
(C) neither party shall be entitled to appeal against the decision of the Council to the administrative court within 10 working days starting from the day following the date of the contested Council decision.
D-separate administrative court promptly to challenge the study room within a period not exceeding fifteen working days from the date of appeal in Midwest
The Court concluded.
III: for non-competitive action results:
Apply rules to object and appeal under paragraphs a b c d of item II f اراءات noteworthy objection and appeal for non-competitive لاراءات results.
IV: procedure excludes trial before the Administrative Court referred to in this article of the rules laid down in the Council of State Act No 55 of 1959 including not accepting requests for suspension of action and prepare the case before the State Commissioners.
Article (39): If the Administrative Court ruled that a flaw in any of the bidding procedures and non-competitive procedures, these procedures and general contracting authority must revisit solicitations again ensuring that override the infringement.
Public involvement in participatory projects
Article (40) identifying participatory projects: the Council shall select projects that can be contracted under the provisions of this law, at the suggestion of General Contracting authorities after its adoption by the Bureau.
B/General Contracting Party before launching the project to contract completion of the preparatory phase of the project in accordance with the provisions of (16) of this law.
C/General Contracting Authority may ask the project to contract under the provisions of this law in case of preliminary studies came unsatisfactory results.
D/public authorities must all of you want to put up projects for public-private partnership under the provisions of this law, obtain the prior approval of the Board prior to contract.
E/the private sector may propose to the Bureau a project for participatory to prepare a preliminary study in this respect and study by the Office and the contracting public body Council Office proposes to approve the project.
Article (41): participatory contracts under the provisions of this law may conclude a public participatory held after prior approval by the Board.
B/General Contracting Party a veto before the Council not later than sixty days from the date of any contract it proved that the viewer has already contracted month bankrupt or is subject to liquidation proceedings as a result of consensual or judicial dissolution or been convicted by a contract or legal representative for legal person an offence prejudicial to honour or been served credit records of suppliers or contractors.
Article (42) General Contracting Authority: the Council shall be involved in participatory project on infrastructure or public services jointly claimed responsibility for a number of public bodies to determine who or contracting public authorities regarding the contract subject of the project.
Article (43) providing public support to your partner: If economic conditions or financial flows for participatory project while his study does not allow your partner to recover investment costs and operating and financial costs and a reasonable profit during the project duration and project revenues exclusively or if investment by the private sector is not feasible without having guarantees issued by the State Contracting public authorities may, after approval by the Council consider the forms of support or subsidy to the private partner or end users directly or Indirect financial gap as possible to develop the project and include the amounts required in public spending plans.
B/takes support or subsidy forms in cash or in kind.
1/the right to use real property or use partially or entirely.
2/Government guarantees and subsidies.
3/assignment of rights of operation and investment projects.
C/you must in all cases the text on the terms and limits of participation or public solicitation and advertising clearly identified in the partnership contract.
Article (44) public participation in the project company: general entities are entitled to participate in the project company's capital in the following cases.
1/when the conditions and limits of such participation in the bidding announcement and clearly defined in the contract and in the Statute of the project company.
2/when both parties agreement that if was involved during the execution of a contract.
B/develop manuals issued by the Council the basis for defining the public participation in the project company's shares for every form of partnership.
C/may not provide participatory contract or statute of the project company to give any special privilege for any of the partners in the project company.
D/preliminary contribution must be the public body and any increase in the contribution in cash or in kind, to have subscription and payment in accordance with the same conditions applying to your partner's contribution and the exception from this principle of public authority participation can be his eyes taking the property or facility or the store or property rights necessary for project infrastructure to provide service at the disposal of the project company for the duration of the project and in such a case the property is assessed and other attendant elements of independent audit office referred to this Request for proposal evaluation.
E/are voting rights and other rights of shareholders always each shareholder votes Parallels his shares in capital. Title v General provisions
Article (45) governing law.
A/under this law and participatory held the rest of the relevant laws in the Syrian Arabic Republic and which do not conflict with the provisions of this law.
B/for your partner and associated stakeholders and partners the freedom to choose the appropriate legal form that govern relations among themselves without any effect on the obligations of solidarity towards the contracting public body.
Article (46) list of minimum conditions of holding participatory participatory contract includes the necessary terms and conditions which sees both sides necessary to include as a minimum.
A/the nature and scope of the work to be on your partner and/or project implementation company and services it provided.
B/the conditions governing these services with the degree of exclusive rights and obtained your partner and/or project company under contract.
C/facilities provided by your partner's contracting public body and/or the project company for the purpose of obtaining licences and permits required to implement the project.
D/funding to implement the project and run the mechanism and guarantees for investors.
E/general contracting authority guarantees and other public actors in the Syrian Arabic Republic.
Authorization granted to the degree/and your partner contract with secondary contractors for services it performed under the contract.
G/the project company events requirements stipulated in article (6) of this law and minimum capital.
H/ownership of project assets and obligations of the parties in the case moved them ownership of the project and any facilities necessary for it according to the provisions of articles (54) and (55) of this law.
I/the allowances of your partner and/or the project company by virtue of its use or invest or run for the project and/or the provision of services, whether those allowances in the form of tariffs or fees and ways to calculate and modify any of this tariff or pay by the contracting public body or any public entity.
J/General Contracting Authority review procedures of engineering designs and construction plans and specifications and approval procedures for testing and final inspection and acceptance of the project and approve it.
K/special partner compliance and/or the project company to ensure that the partnership contract subject services commensurate with the actual demand for these services and sustainability in accordance with the same conditions for all users or beneficiaries.
L/right contracting or general public related to the project partnership contract subject to track business performance and services provided by your partner and/or the project company and the powers of the contracting public body entitled to or general project related contract under certain circumstances and request amendments to acts and conditions of service or other appropriate measures to ensure the smooth operation of the project and its services in accordance with the contractual and legal requirements.
Eng how committed your partner and/or the project company to submit periodic reports and adequate information to the general public contracting or project-related theme.
N/mechanisms for handling additional costs and other circumstances that may arise from any of the contracting public body orientation or any relevant project general contract for participatory articles (75) and (76) of this Act, including any damages may deserve your partner.
O/General Contracting Party's rights in terms of reviewing and accepting secondary contracts have reached your partner and/or the project company, particularly those that can take place between your partner and/or the project company has stakeholders or other persons associated with him.
P/performance guarantees and insurance policies on your partner and/or the project company provided and followed for the implementation of the project.
/The technical acquisition contracting public body or the project company acquisition mechanism.
P potential solutions in the event of errors by either party.
S/limitation of liability of either party for failure or delay in performing any of its contractual obligations as a result of circumstances beyond his control.
T/a partnership contract and the respective rights and obligations of the parties upon completion or termination.
U/method of calculating compensation in the event of early termination of the contract.
C/dispute resolution mechanisms that may occur between the contracting public body and your partner and/or project company.
W/the respective rights and obligations of the parties regarding confidential information.
FS/identify or المسؤءولين staff overseeing the contract and follow his progress.
Y/means of quality assurance and control and supervision tools and financial monitoring, administrative and technical operation of the project and its investment and maintenance.
Article (47) project duration: contract clearly defines the partnership required to execute the project duration and expiry.
B/the contract parties may extend the contract for an additional participatory if necessary such as your partner compensation for inflation or for other reasons appear after conclusion of the contract.
C/General Contracting Party may, with the consent of the Council extended partnership contract in proportion as compared to investing in a number of cases.
1/the project was delayed or running confidence his services as a result of circumstances beyond the control of the parties.
2/the general public contracting or anyone related to project suspension for a specified period not exceeding two years.
3/the increase in expenditure on public contracting authority requirements were not originally mentioned in the contract and if this does not enable your partner requirements to recover costs incurred without a contract extension.
4/the emergency special circumstances that stretch to a maximum of three years, unless the parties expressly to longer emergency special circumstances.
Article (48) completion: end of participatory contract expires unless specific contract terminated before that.
Article (49) terminate the partnership contract General: General Contracting Party may, with the prior approval of the Council, terminate the contract if the partnership.
A/it is clear and hard that your partner is no longer able to fulfil its obligations under the contract.
B/a compelling reasons requiring the contracting public body termination and compensation for your partner under the provisions governing in the hold.
Article (50) end your partner to hold your partner: partnership request termination or dissolution of a partnership in the following cases.
A/in case the contracting public body committed or any relevant public content partnership contract violation affect the performance of the contract and did not correct the irregularity within three months from the date of communication.
B/in case the conditions according to which the partnership contract may be modified under the provisions of paragraph a of article (75) of this Act unless the parties failed to reach an acceptable formula to modify the contract.
C/If the contracting public request termination for any of the cases mentioned in paragraphs/AP/two previous special partner may request termination of the contract before the competent authority specified in the contract.
Article (51) participatory termination for other reasons: partnership contract may be terminated without any compensation for any of the Contracting Parties in the bookshop.
A/either party shall be entitled to request the termination of the contract if the participatory implementation of the obligations of Pat impossible due to force majeure or any circumstances beyond the control of either party and the continuing force majeure or circumstances for more than three years, unless the contract specifies for less or unless the parties expressly for longer and does not consider economic sanctions against Syria or boycott it financially or prevent dealing with General destinations under judicial or administrative decisions or under legal provisions issued by the Republic. Syrian Arabic forms of force majeure or circumstances that permit the termination of the contract in the event that existed before the conclusion of the contract.
B/for the parties to the contract agree to terminate the contract after consenting participatory public contracting authority approval of the Council.
Article (52) participatory termination compensation: should the partnership contract provides a specific mechanism for calculating due compensation for each party in the event of termination or dissolution before him, including compensation for the value of the work performed under the contract and expenditure or direct losses incurred by either party or expected profits for either of them.
Article (53) procedures for the transfer of ownership: partnership contract should include the following.
A transfer of assets to the contracting public body upon expiration or termination or dissolution unless you prefer to keep it to the project company or for your partner.
B/transfer of technology needed to run the project and acquired from the contracting public body or project company.
C/build and develop the capabilities of employees in the public or private entity contracting new partner that replaces your partner primary contractor or the project company to take over the operation and maintenance of the project.
D/submit your partner support services and resources that include foreign parts and insurance licenses to use patents and other commercial and industrial and intellectual property, if required, for a period of time after the transfer of ownership of the project to the contracting public body or to a new private partner or project company.
E/fall project assets "as" in one of the following categories.
1/the returned assets. And are those that include land, buildings, works and structures and fixed facilities and damage of assets transferred by the contracting public body disposal project without charge or caused by or acquire these latter support participatory and held that "in view of the nature and role of" contribute mainly to provide the service set out in the partnership contract.
2/the restored assets in return for compensation. Include fixed and movable assets provided by your partner and contributing to run the project general contracting authority should have the option to transfer their ownership to them upon completion or termination of the partnership contract early for contractually agreed allowance.
3/personal assets. Include all movable and immovable assets of the project, including assets not included in the previous items.
4/the returned assets or restored include a list to hold and your partner cannot sell these assets in case it cannot encumber or provide the right to use it as collateral unless explicitly otherwise participatory contract and moves automatically to the contracting public body and are free from any right of concession rights for insurance or burden upon completion or termination of the partnership contract prematurely.
5/If the text of the contract on delivery of movable assets participatory and/or immovable must be in good condition and viable investment.
6/project must be turned good when re transfer or ownership of investment right to public contracting authority at the end of the Decade.
Article (54) project assets: a/the contracting public body may or other related public or State to be transferred to the private partner or the project company during the duration of the project and investment partnership contract portables necessary for the proper functioning of the Decade and the implementation of the project and any other public movable participatory investigation on returning this property and the right investment for public contracting authority upon expiry or termination of the contract.
B/the contracting public body may transfer to the project company during a public facility ownership or partnership property or immovable funds necessary for the proper functioning of the contract and the project on that property for public contracting authority upon expiry or termination of the contract unless the contract specifies participatory survival of the project company.
C/transfer experience accumulated investment rights and intellectual, industrial and commercial property on the project upon completion or termination of the contract the contracting public participatory terms of contract.
D/the contract defines the assets that belong to the public sector and those belonging to the project company and also defines the ستوءول ownership of assets to the public upon completion or termination of the contract and those that would accrue to your partner as the contract specifies in particular the following.
1/the assets that your partner must return or transfer to a public body or other general contracting the contracting public body designated in the contract.
2/the General assets of the contracting entity may purchase it from your partner if desired.
3/the assets that your partner may retain or dispose of as you wish at the end or termination of the contract.
Article (55) to acquire the rights to the project site: the contracting public body or any other public entity under the provisions of this law and the provisions of the partnership contract providing rights related to the project site for your partner or facilitate obtaining such rights as imperatives for the implementation of the project.
Article (56) run a facility project: a participatory contract sets forth the necessary degree of burden on your partner to ensure the following:
1. modify the services correspond with him and demand for services
2. continuity of services.
3. conditions of service delivery are the same for all users.
B your partner are entitled to issue and apply the conditions governing the use of the project after approval of the Council.
Article (57): (a) financial pledges pledges:
1. take your partner and/or the project company bears full responsibility and risk related to the funding required to implement their obligations properly implemented in line with the provisions of the contract and established agreements.
2. submit your partner and/or the project company provides general contracting party all of the required documents that prove the availability of funds enough to implement all the obligations that must be fulfilled by announcing the first qualification falls under particular funding lines:
A-shares of the project company's capital.
B-the required funding of the project company in the form of loans, bonds and ensure that current and future receivables.
C guarantees or insurances required to obtain capital and credit of former categories.
B-direct contracts with creditors:
Contracting public body may signed agreements with creditors of the project company to organize some special things and facilitate access to funding for implementation of the project or the provision of services generally.
Article (58) financial provisions: a special partner entitled to the payment or receipt or collect any fee or an investment project or run as stipulated in the contract which includes the participatory methods and equations that are according to determine or modify pricing or wages.
B participatory contract sets forth the terms and conditions governing any payments or guarantees or financial assistance or any financial support provided by the public authority or Contracting State.
Article (59) price due from end users: a Council resolution sets forth the procedure to collect wages or allowances from end users with details of its composition and select defaults increased during the participatory preparation phase.
B-the contracting public body during the feasibility study phase estimation of pricing tables as to make terms of service the best possible opportunities and ensures the availability and the price is acceptable to beneficiaries for the duration of the project and your partner can recover his investment and operating costs and financial costs with reasonable profit during the duration of the project.
C General Contracting Party may, within the conditions and limits laid down in article 61 of this law "to decide to support or compensate for your partner to cover the financial gap if the price returns are insufficient to establish participatory project on a commercial basis.
D-to hold the first pricing scale participatory prepared as part of the reference scenario for participatory held as being determining conditions change and increased pricing and change as appropriate service contract.
E-on every hand, whether on the public directly or indirectly to provide "within their powers and abilities/help needed for your partner to collect the price referred to in paragraph" d "of this article without obstacles provided that by being so public contracting authority.
Article (60) rights and duties of public bodies: a public contracting authority enjoy all the rights set forth in the partnership contract, including the right to inspect the activities of the private partner to ensure its full commitment to the terms and conditions of the contract.
B General Contracting Authority is committed to full compliance with all terms and conditions of the partnership contract and works to meet its obligations, including:
1. implementation of preliminary studies and financial systems and examine options and analyze value for investment and all other related studies which would reach an integrated participatory project technically and financially.
2. raise the proposed participatory projects and studies with the necessary financial and other support to the Council through the Office for examination and possible approval statement pursuant to the provisions of this law and other relevant regulations.
C-the public contracting authority.
1. prepare the bidding documents technical, financial and contractual
2. implementation of contractual procedures which lead to the selection of the private partner.
3. establish effective and transparent governance structure to track the commitment of all parties to the terms and conditions of the contract.
4. provide information and data and studies requested by the Board and the Bureau.
5. coordination of activities and comply with all instructions issued by the Council.
6. prepare and empower qualified project management team and oversee its operations.
D-General must observe proper project and entitled to visit all the offices of the project and access to all necessary documents even while running the project at any time it deems appropriate without affecting the partnership contract or run the project General Contracting Authority is also entitled to see sub contracts attached between the project company and the rest of the other partners and request all documents showing serious action and technical and financial efficiency.
Article (61) your partner's rights and duties: a special partner enjoy all rights provided by this law and participatory held including exclusive right to invest the project contract.
B your partner right or the project company to receive from the contracting or general audience straight wages or allowances for project events or develop or expand it or investing it in accordance with the terms and conditions contained in the partnership contract and must also provide ways of calculating wages or allowances and how to modify them.
C-General Contracting or provider may for any other public entity based on value for money under the Council's consent to provide guarantees and economic support to ensure sustainability and project financial and wegdaoh should provide a document expressly offers also invited tenders last month for her to name a few:
1. direct financial payments to the private partner as an alternative or in addition to wages or allowances payable for the use of the project or its services including financial support and capital grants.
2. contributions in kind including transferring ownership of assets or rights to exploit and land use rights are necessary for the project and for the duration of the project.
3. give incentives for investment in Syrian Arabic Republic plus incentives established by the Council.
4. granting loans.
5. provide any financial support or guarantees approved by the Board.
D-General Contracting Party may also provide compensation to your partner in case financial damage resulting from unexpected changes in laws and regulations that directly affect the partnership contract or services that make her the facility or project contract and can be offset by adjusting the duration of the contract or increase the value of the allowances owed to your partner or in any other manner agreed by the parties to the contract.
E-the right to foreign investors and Syrians living abroad, investing in companies that participatory projects and convert foreign exchange investment returns including dividends and capital gains and stock dividends, interest and resell the investment or part of it.
And foreign workers are entitled to the project company or have your partner in Syria convert 50 percent of their wages and compensation, including end-of-service compensation outside Syria.
G-your partner is not entitled to use the property and assets outside of the project and must obtain the prior approval of the contracting public body before disposing of any assets or assets project topic.
H-your partner is committed to provide full funding for the project or part of it from its own resources and/or through other funding mechanisms, there should be a part of the financing from the financial sector or the Syrian banking according to the proportions determined by the request for proposals or the Board.
I-it is not permissible for anyone touching your partner share ownership transferred to a third party without the consent of the General Council and contracting authority unless the contract otherwise participatory and partnership contract should state conditions relied upon approval by the General Council and contracting authority.
J-non-strategic partner shall within two years of the date of entry into force of the partnership contract transferring ownership of his share or shares in the project company to another fully or partially waive any rights related thereto shall be subject to the approval of the contracting public body before taking into account the additional restrictions or conditions contained in the project company's founding documents or in any other document of the project documentation.
K-a strategic partner after the expiration of five years from the date of entry into force of the partnership contract and three years of the project start date, whichever is later or share transfer ownership of shares in the project company and rights to another party provided they comply with any additional terms contained in the project documentation and the sale of shares is subject to a strategic partner to the prior approval of the contracting public body does not grant such approval only if the transfer of shares or stocks will be a party enjoys the technical and financial capability Similar to the original strategic partner capacity.
Article (62) confidentiality: dealing the contracting Board and General Office with all offers absolute confidentiality and shape that ensures non-disclosure or leakage of any of their contents to competing Exhibitor except as provided in this law, it shall grant confidentiality to any discussions or contacts or negotiations was between them and any of the exhibitor is not entitled to any of the parties to the negotiations disclosed or diversion of any technical or financial information or any other information relating to the communications or discussions or negotiations to any third party only with the approval of the The other party, unless such duty of disclosure under the law or under a court order or the financial presentation procedures were public in nature.
Article (63) notice of referral: the contracting public body announced the identity of the contractor in the Official Gazette and in one or more daily newspapers, the Declaration contains a summary of the main conditions of the contract and a summary of the contracting procedures.
Article (64) a register of contractual procedures: Contracting public body shall develop and maintain a special register containing an appropriate degree of information regarding contractual procedures was about participatory held what ranging from putting up display to advertise your partner ID contractor.
Article (65) auditing: a project company is audited according to international standards for the regulation of financial reporting in the Syrian Arabic Republic applied and should be audited financial statements annually in accordance with international auditing standards and in accordance with the law (33) for 2009, as amended.
B-the checker must be declared on the application of standards and regulations referred to in the reports.
Article (66) of public sector workers: a-if the attached draft participatory public sector facility already exists you can use some public sector workers qualifications in the project company at the request of the project company and build on theirs after the employment relationship is terminated with a public entity according to the laws in force.
B apply to workers employed under the provisions of paragraph a of this article, the provisions of the employment act in lieu of the provisions of the basic law for State workers.
C-the rest of the public sector facility workers remain subject to the legal provisions applicable to them while their acquired rights.
Article (67) priorities-kind insurance: insurance and guarantees in kind provided to lenders meet their contribution to the financing of the project company to take precedence over any guarantees and other privileges, including any collection measures to satisfy other creditors.
Article (68) assignment of rights for the benefit of creditors: a special partner may be partially or fully waived for current or future financial benefits arising from partnership contract and clearly defined in the interests of banks or credit institutions or other financial institutions, after the approval of the contracting public body and keep the waiver in effect and binding on the contracting public body as of receipt of the notification by the sender by registered letter.
B your partner may undertake strategic grant creditors or their agents the right solutions provided that the partnership contract are waived in favor of another partner strategist fulfilled all the requirements mentioned in this law and to prove his efficiency required to complete the operation and management of the project and the approval of the contracting public body.
Article (69) real estate ownership and security rights and inalienable rights: a-if the text hold participatory work-or create an infrastructure for participatory project or other installations on any land at the disposal of the project company for the purposes of public benefit becomes your partner in real estate property utilization rights equivalent to ownership of project assets and other establishments throughout the duration of the project.
B General Contracting Authority provides special partner exclusive rights to use any property other than those referred to in paragraph (a) of this article or help it when necessary, directly or indirectly, to provide public service for the duration of the project, as stipulated in the partnership contract with preserving the rights of the owners of these lands for the duration of the lease or purchase or use as its possession in accordance with the provisions of article 70 of this law.
C-record share of real property utilization rights to the project company in newspaper real estate in cadastre.
D-lock may be flagged on this share in usufruct of real property for the benefit of creditors as collateral or insurance for loans underwritten by the project company for the purpose of financing the project for a period equal to the duration of the project.
-Participatory termination may be premature when waiving those rights for a new private partner in accordance with the conditions specified in the contract the contracting consent participatory public and creditors.
And the project company the right to create security interests over any of its assets as the case to secure any financing project needs, including in particular:
1. immoveable property owned by the project company or share project assets.
2. report the returns accruing to the project company for the use of the assets or the provision of services as contained in the contract.
G-the project company's shareholders are entitled to pledge or create any other guarantee on their shares in the project company.
H-your partner except restrictions listed in the contract the right to put any of its assets, including those that belong to the project as a guarantee for any financing needed for the project.
I-your partner stock owners can make any other warranties on their stock.
J-cannot provide any guarantees under the provisions of paragraph a of this article on public property or on any property, assets or rights needed for the project.
K-project company can provide any guarantees for the project owned including assets which she moved.
Article (70): (a) acquisition aimed at cases of eminent domain and create real rights or concession rights on property necessary to create a project infrastructure or services provided within the scope of this law to achieve the public interest and take the form of eminent domain for public benefit and benefit from special advantages and procedures stipulated in the regulations in force and be treated as urgent and things of great importance as a case of eminent domain.
B the contracting public body shall carry out alastmalakat and establishment of real rights or concession rights to assist the project company in accordance with the timing and the conditions stipulated in the contract and to take these rights and property at the disposal of the project company is free from encumbrances and occupancy before the dates or duration of time stipulated in the contract.
C the contracting public in all cases and with the consent of the Council to establish as the case plan to provide alternative housing or compensation in accordance with the laws in force and must in all cases of eminent domain not loading your partner any claims or compensation or payments or other than demand by individuals or groups that are affected by the process of eminent domain.
D-eminent domain decree for compensation equal to the real value of the property if the deadline for completion of the process of eminent domain and create vested rights or franchising of such property prior to the completion of the implementation of the actions of the contracting public body must grant the project company the project duration and extension of the deadlines for equivalent delay.
-In all cases the project company deserve compensation for any additional cost or loss suffered as a result of the delays mentioned provided that they do everything possible to reduce cost or loss.
Article (71) environmental protection: environmental impact assessment:
1. put the EIA study include potential impacts on the environment due to create or build or implement participatory project or rehabilitate or provide services in a manner consistent with the laws in force and in particular environmental protection law and operational instructions and applicable international best practices in this area.
2. a solicitation must include a summary of the terms of reference and all necessary procedural features of the environmental impact study in preparation to obtain permits and approvals necessary for this study are being adopted by the competent authority for the environment before signing a contract.
3. If the competent enforcing environment additional conditions or new rules and regulations after signing a contract and not provided for in the terms of reference of the contracting public body must compensate the project company for any additional cost or expense or delay resulting.
B-additional measures to protect the environment:
Can be added to hold participatory measures to increase the protection of the natural environment and Heritage provided included in the announcement of the first rehabilitation taking into account social responsibility criteria in terms of the initiative to serve the environment in the community and different environmental problems.
Article (72) archeological: a-if you discover archaeological remains during construction and the private partner should-or the project company to inform the contracting public body which in turn learning Directorate General of Antiquities and museums of the Ministry of culture of this Directorate are located within sixty days to illustrate ways to continue the work of the project and initiate necessary actions to protect archeological and public contracting authority subject to the provisions of article 47 of this law by granting the project company an extension of the duration of the project and the resulting delay equivalent deadlines provided This delay was due to a business.
B in all cases worth private and-or the project company deserve compensation for any additional cost or loss suffered as a result of the delays mentioned provided that they do everything possible to reduce cost or loss.
Article (73) assignment of contract: it is not permissible to waive your partner rights and obligations under the terms and conditions of the contract to any third party without the consent of the General Council and contracting authority must include the contract conditions according to her that the contracting public private partner concession rights and obligations to a third party, including your new partner accepted all obligations stipulated in the contract and confirmed the technical and financial capacity to provide the services covered and approved by the Board.
Article (74) difficulties and adjustment of contract: a participatory contract defines the degree to which your partner is entitled in accordance with demanding amendments to the contract intended to compensate him if cost has increased its implementation of its obligations under the contract or heavily devalued proceeds from contract significantly as a result of:
1. change the economic or financial conditions.
2. change the laws governing legislation directly or indirectly to the work and functioning of the project adversely affecting your partner revenue.
B these changes must be economic, financial, legislative or legal:
1. occurred after signing the contract.
2. beyond the control of the private partner.
3. with whom does not expect nature to be your partner may be taken into account during the negotiation of the contract.
C the partnership contract shall include actions that can take place under review and modify terms.
D-may not modify any of the terms of the partnership contract and other contracts followed him only with the consent of the parties and the Council and if the contracting public body obligations associated with financial liabilities fall upon one other public authorities do not have this adjustment is effective without the consent of the Council.
Article (75) the financial balance of the contract: (a) if the parties to the contract of participatory common formula for modifying your partner may demand compensation for material or Board to increase the number of years of investment "to extend the term of the contract if:
1. change the laws that affect the financial balance of the contract so that it becomes an investment versus the glory or emergency reasons implementation cost rises by more than 10 percent.
2. the falling exchange rate of the Syrian pound against foreign currencies over 10% with no obligation of the Contracting State or the General stabilization of the exchange rate since the contract until the expiration date of the contract.
3. no economic inflation offset rising private sector revenues.
4. increase investment costs such as higher wages for workers or the raw materials necessary to carry out or to run the project.
5. any other matter without prejudice to the financial and economic balance of the contract.
B-your partner in the absence of fair compensation may resolve the dispute in accordance with the requirement of resolving disputes under the contract provided that it continues implementing contractual and legal obligations and then the public body shall not terminate or rescind the contract until a judicial decision or an arbitral procedure and duly implemented.
C-If your partner has increased the cost of implementation of its obligations under the partnership contract by more than 25 percent or devalued proceeds from running the project by more than 25 percent as a result of actions by the contracting public body or any relevant public and the parties did not reach a satisfactory legal solutions.
Article (76) are general contracting authority: the contracting public body under the conditions stipulated in the contract to run the project temporarily in order to ensure effective and continuous delivery of services in case of failure of the private partner to implement its commitments and its inability to fix the bug within a reasonable time after receiving written notification from the contracting public body that.
Article (77) replace your partner: a General Contracting Party are entitled to under the terms and conditions of the contract and after the approval of the Board to replace another special partner with your partner to be the priority for exhibitors who have already made their presentation of the project according to the grades obtained to perform contract terms and the same provisions except the financial cost for investment and guarantees "If your partner not respecting its commitments, leading to the avoidance of the contract or in other circumstances justify avoidance on your partner's responsibility such as Political reasons led to economic sanctions to your partner or the Syrian Arabic Republic General Contracting.
B-in the event of termination of the contract on your partner's responsibility must compensate the contracting public body for damages or by users of the project as a result of avoidance or replace another special partner by more expensive to return for investment.
Article (78) conflict resolution: a public contracting authority disputes-and your partner:
1. resolving disputes concerning implementation or interpretation or validity or termination or dissolution of the partnership contract or any contract followed her and between the contracting public body and your partner through the friendly solution.
2. If the parties reach an amicable solution within thirty days from the date of reporting the other party written notification of request for amicable settlement by one of the parties to the conflict are entitled to either resort to one of the following:
1. the administrative courts.
2. arbitration procedure.
3. external arbitration.
3. the partnership contract should include identifying one way of resolving disputes referred to above as the arbitration agreement may be free later participatory contract arbitration clause.
4. in the absence of an agreement to resolve the dispute by way of arbitration stakeholder party could resort to administrative justice for conflict resolution.
5. apply to any arbitration conflict of laws in force in the Syrian Arabic Republic unless otherwise agreed in the contract or contracts participatory.
B-settlement of disputes with customers:
Contracting public body may request the private partner or project company simplified and efficient mechanisms to deal with complaints from customers, if your partner or project company offers services to the public directly or running infrastructure facilities used by the public.
Article (79) conflict with other related laws: a-in the event of a conflict between the provisions of this law and other relevant laws prevail articles and provisions of this Act.
B-back to the Board at all unless the text in this Bill.
Article (80) Balancing: a-Board expenses are covered from the Prime Minister's budget appropriations fourth door "manufacturing expenses."
B-monitor in the general budget of the State subsidy to the Council within the cabinet budget section IV "manufacturing expenses."
C-the Board is entitled to impose allowances:
1. the Exhibitor to cover the costs of preliminary studies, we have stipulated in the solicitation announcement.
2. due value to all those who wish to participate in order to get the initial study and method of payment.
3. the winning bidder valued advertising solicitations.
4. supervise the implementation of participatory and contracts paid by your partner or project company determines its value and participatory contract shot way to interpret these suits to the State Treasury.
Article (81) taxes and incentives: a law may at the proposal of the Board granting the private partner and the project company, or one or both tax credits according to the nature of the project and its importance.
B-the Board may grant special partner and project company or one incentives including credit facilities and financial guarantees and other benefits that determine the decision.
Article (82) operational instructions: on the proposal of the Prime Minister of economy and foreign trade regulations governing this Act.
Article (83) this law shall be published in the Official Gazette.
Damascus on 30-3-1437 Hijri for 10-1-2016 a.d..
The President of the Republic
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