Article 1
In this Law, the following terms and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
Law: Private Sector Participation Law. CEDA: Council of Economic and Development Affairs.
Ministry: Ministry of Finance.
NCP: National Center for Privatization. Statute: Statute of the National Center for Privatization.
Implementing Regulations: Implementing regulations of the Law.
Private Party: A private legal person that is party to a privatization contract with the government.
Infrastructure: Public utilities or assets that directly or indirectly provide public services.
Asset: Any asset, whether permanent or temporary, movable or immovable, tangible or intangible, including rights. Public Service: Any service directly or indirectly provided by a government agency, whether essential services, for the purpose of providing goods or services to the public, or non-essential services, for the purpose of supporting governmental activities and functions.
Public-Private Partnership (PPP): An arrangement relating to infrastructure or public service whereby a contract between the government and a private party is concluded; it shall fulfill the following contractual stipulations:
1. The contract is for a term of 5 years or more.
2. The private party carries out two or more of the following arrangements: design, build, manage, operate, maintain, or finance assets, whether such assets are owned by the government, the private party, or both.
3. The risks are qualitatively and quantitatively allocated between the government and the private party.
4. The financial consideration owed by or to the private party is based on the performance of its obligations under the contract.
Divestment: An infrastructure or public service contractual arrangement whereby the ownership of an asset is transferred from a government agency to a private party.
Private Sector Participation (PSP): PPP or divestment.
Contract: PSP contract.
Ancillary Contract: A contract relating to a PSP contract which is necessary for the execution of a PSP project and which is concluded on behalf of the government with a private party or a third party.
Prequalification: The verification process carried out by the executive agency prior to submission of bids to ensure that bidders are qualified and capable of executing the works associated with the PSP project. Unsolicited Proposal: A proposal relating to a privatization project which is not submitted in response to a Request for Proposal (RFP).
