Law
No. (22) of 2015
Regulating
Partnership
between the
Public
Sector and the Private Sector in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed
bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (5) of 1995 Establishing the Department of Finance;
Law No. (7) of 1995 Concerning the Financial Regulations of
Government Departments in the Emirate of Dubai and its Implementing Bylaw;
Law No. (6) of 1997 Concerning Contracts of Government
Departments in the Emirate of Dubai and its amendments;
Law No. (35) of 2009 Concerning Management of the Public
Funds of the Government of Dubai and its amendments;
Law No. (8) of 2010 Concerning the Financial Audit
Department and its amendments;
Law No. (6) of 2011 Regulating Participation of the Private
Sector in Electricity and Water Production in the Emirate of Dubai; and
Decree No. (24) of 2007 Forming the Supreme Fiscal
Committee in the Emirate of Dubai and its amendments,
Do hereby issue
this Law.
This Law will be cited as “Law No. (22) of 2015 Regulating
Partnership between the Public Sector and the Private Sector in the Emirate of
Dubai”.
The following words and expressions, wherever mentioned in
this Law, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
SFC: |
The Supreme Fiscal Committee in the
Emirate of Dubai. |
|
DOF: |
The Department of Finance. |
|
Government Entity: |
Any of the Government departments;
public agencies and corporations; councils;
authorities, including free zone authorities; or other entities
affiliated to the Government. |
|
Competent Authority: |
The entity responsible for approving a
Partnership Project in accordance with this Law. |
|
Director General: |
The director general of a Government
Entity, including the executive director, chief executive officer,
or secretary general of that entity; or any other person holding
a similar position. |
|
Project: |
Any facility, service, activity, or
product supervised, provided, or produced by a Government Entity. |
|
Public Sector: |
This includes Government Entities. |
|
Private Sector: |
This includes private establishments
and companies. |
|
Partnership: |
A contractual relationship between the
Public Sector and the Private Sector which arises in accordance with this Law, the resolutions issued in pursuance
hereof, and the
provisions of
a Partnership Contract. This relationship aims at implementing a Project in
whole or in part to ensure quality services; increase the revenue of a
Government Entity; or achieve any other objective
through utilising the competencies and the financial, technical, or other
capabilities of the Private Sector. |
|
Partnership Contract: |
A definite-term Contract
concluded by a Government Entity and a Project Company whereby the Project
Company undertakes to implement a Project in accordance with this Law, the
resolutions issued in pursuance hereof, and the terms of that
Contract, in return for a lump sum or in return
for all or part of the revenue of the Project. |
|
Project Company: |
A sole proprietorship, or a local or
foreign company licensed to operate in the Emirate,
which implements a Partnership Contract and meets the conditions stipulated in the resolutions issued in implementation
hereof. |
|
Partner: |
A legal person, or a consortium of legal
persons, from the Private Sector who is a
party to a Partnership Contract. |
|
Tender: |
A series of procedures announced in
accordance with this Law, and the resolutions issued
in pursuance hereof, with which a Government Entity
must comply to select the best bid, from a financial or technical perspective, and
to conclude a
Partnership Contract with the winning bidder. |
|
Partnership Committee: |
A committee formed at a Government
Entity in accordance with this Law. |
This Law aims to:
1.
regulate
Partnership between the Public Sector and the Private Sector;
2.
encourage
the Private Sector to participate in development Projects and to boost
investment in various relevant fields, thus promoting economic and social
development in the Emirate;
3.
enable
the Government to implement its strategic Projects in an efficient and
effective manner;
4.
utilise
the financial, administrative, regulatory, technical, and technological
potential and experience of the Private Sector, thus enabling community members
to avail of quality services at the lowest cost;
5.
increase
productivity, improve the quality of public services, and adopt efficient
management practices to develop such services;
6.
transfer
knowledge and skill from the Private Sector to the Public Sector, and train and
qualify UAE national employees of Government Entities to manage and operate
Projects;
7.
implement
Projects which provide significant added value to public property, and
alleviate the financing burden on the general budget of the Government in
relation to the construction, operating, or maintenance costs of Projects;
8.
reduce
the financial risk that may be assumed by the Government as a result of the
implementation of high-risk Projects;
9.
shift
the management of certain infrastructure and public
services Projects from direct implementation, operation, and management to
other forms of government involvement related to policy approval and
quality control of public services in accordance with governance requirements;
10. boost the competitive edge of
Projects in local, regional, and international markets; and
11. promote governance principles
for managing economic activities, and apply financial resource
management procedures.
This Law will apply to:
1.
Government
Entities that are subject to the general budget of the Government. The SFC may
extend the application of this Law to any Government Entity which is not
subject to the general budget of the Government; and
2.
any
Project, regardless of its type, form, or activities, which is governed by a
Partnership Contract between the Public Sector and the Private Sector in the
Emirate concluded by any of the entities mentioned in paragraph (1) of this
Article after the effective date of this Law. This will not include:
a.
electricity
and water production Partnership Projects governed by the above-mentioned Law
No. (6) of 2011;
b.
works
Contracts, materials supply
Contracts, and services Contracts governed by the above-mentioned Law No. (6)
of 1997; and
c.
any
other Contracts determined pursuant to the resolutions issued by the SFC in
this respect.
a.
A
Partnership between the Public Sector and the Private Sector will be formed
pursuant to a Partnership Contract and in accordance with the provisions of
this Law.
b.
To
conclude a Partnership Contract in accordance with this Law, the
relevant Project
must have economic, financial, technical, and social benefits.
c.
A
Partnership Contract under which a Government Entity incurs expenses may only
be concluded if appropriations are allocated in the budget of the
Government Entity to cover these expenses.
When selecting Partnership Projects, the following must be
taken into account:
1.
the
extent to which the Project serves the interest of the Government and the
public interest;
2.
the
economic feasibility of the Project and its positive influence on the
approved
development plans of the Emirate;
3.
the
risks, especially environmental risks, that may arise as a result of
implementing the Project through a Partnership;
4.
the
volume of capital investment and the technical expertise that may effectively
improve the performance of public facilities and ensure quality
services;
5.
international
best practices in implementing Projects through Partnerships; and
6.
the
priority and operational impact of the Project, and the extent to which it
meets the needs of the Emirate.
A Partnership may be formed in any of
the following methods:
1.
a
Partner implements, finances, owns, reaps commercial benefits from, and
operates a Project for the term agreed upon in the Partnership Contract; then assigns the Project and
fully transfers its ownership to a Government Entity upon expiry of the term stipulated in the Partnership Contract;
2.
a
Partner implements, finances, reaps commercial benefits from, and operates a
Project for the term agreed upon in the Partnership Contract; then assigns the benefit of
the Project to a Government Entity upon expiry of the term stipulated in the Partnership Contract;
3.
a
Partner implements a Project then transfers its ownership to a Government
Entity while preserving his right to operate the Project and reap commercial
benefits from it for the term agreed upon in the Partnership Contract;
4.
a
Government Entity transfers the benefit of a Project to a Partner, thus allowing him to operate
it and reap commercial benefits from it for the term agreed upon in the
Partnership Contract; or
5.
any
other method approved by the SFC upon the recommendation of the Government Entity and the
DOF, including the maintenance, expansion, or rehabilitation of an existing
Project.
a.
A
Partnership Project will be approved by:
1.
the Director General or his authorised representative, where
the Partnership Contract generates revenue or budget savings;
2.
the Director General or his authorised representative, where
the total cost to be incurred by a Government Entity in respect of the
Partnership Contract does not exceed two hundred million Dirhams (AED
200,000,000.00);
3.
the
DOF, where the total cost to be incurred by a Government Entity in respect of
the Partnership Contract exceeds two hundred million Dirhams (AED
200,000,000.00), up to five hundred million Dirhams (AED 500,000,000.00); and
4.
the
SFC, where the total cost to be incurred by a Government Entity in respect of
the Partnership Contract exceeds five hundred million Dirhams (AED
500,000,000.00).
b.
Based
on the recommendation of the Government Entity, feasibility studies, service
quality assurance reviews, facility asset quality and maintenance reviews, and
the rules and terms stipulated in this Law and the resolutions issued in
pursuance hereof, the DOF and the SFC will issue their written approval of the Partnership
Project in accordance with paragraphs (a)(3) and (a)(4) of this Article.
c.
No
Government Entity may proceed to contract with a Partner unless the Partnership
Project is approved by the Competent Authority in accordance with paragraph (a)
of this Article.
d.
The
DOF and the SFC may delegate any of their powers under paragraphs (a)(3) and
(a)(4) of this Article to the Director General of the Government Entity party
to the Partnership Contract, provided that such delegation is specific and in
writing.
For the purposes of this Law, the DOF
will have the duties and powers to:
1.
develop
the general policy regulating Partnership Projects between the Public Sector
and the Private Sector, and submit the same to the SFC for approval;
2.
propose
updates and developments to the legislation regulating Partnerships based on
the relevant best practices, the outcomes of Partnership Projects implemented
by Government Entities, and the comments and proposals of these entities; taking into consideration
the interests of the Public Sector and the Private Sector;
3.
provide
support and assistance to Government Entities in the preparation and
development of Partnership initiatives;
4.
contribute
to creating a favourable environment to invest in Partnership Projects, and
promote these Projects within and outside of the Emirate in coordination with
competent entities in the Emirate;
5.
prepare
a general manual containing the rules and procedures that must be followed
where a Government Entity wishes to conclude a Partnership Contract;
6.
in
coordination with concerned Government Entities, overcome all the difficulties
that a Project Company may face;
7.
propose
necessary measures for developing Partnerships as a method of managing Projects
and providing Government services; and
8.
perform
any other duties that are required for the achievement of the objectives of this
Law.
For the purposes of this Law, a
Government Entity will:
1.
prepare
the studies required for determining the rationale behind implementing any proposed Project. These
studies must cover the financial, economic, technical, and social feasibility
and the beneficiaries of the Partnership, appropriate criteria for selecting a
Partner, a Project implementation programme, and an implementation risk analysis;
2.
determine
the human, financial, and technical resources required for any Project;
the methods of financing
that
Project and
contributions of both parties to the same; the distribution of
Project dividends; the service
charges and
exemption from these charges; the intellectual property rights; and other relevant matters;
3.
coordinate
with the Government Entities concerned in any Project to determine its
impact on their own plans, and on the strategic plans of the Government in
general;
4.
study
and evaluate all financial aspects of any Partnership Contract and have these
aspects approved
by the DOF;
5.
propose
the standards that must be met by the entities with which Contracts will be concluded, and propose preliminary
Partnership Contracts and their addenda;
6.
coordinate
with the DOF to determine the methods of Partnership appropriate for Projects or services in accordance with the
Partnership methods stipulated in this Law;
7.
select
qualified consultancy companies to conduct studies related to Projects;
8.
form
work teams with the Private Sector to agree
on work methods; to gather, exchange, and update information; and to cooperate
regarding technical developments and work requirements;
9.
supervise
the proper performance by Project Companies of their obligations under
Partnership Contracts, and take immediate and appropriate measures to remedy any
breach or omission in the performance of such obligations in a manner that
ensures that Projects continue to achieve their objectives;
10. coordinate with Competent
Authorities to overcome any obstacles that may prevent the implementation of Projects;
11. report to the Financial Audit
Department any financial breaches committed by a Project Company; and
12. prepare quarterly reports on
work progress throughout the performance of Partnership Contracts, and any obstacles hindering
such performance; propose appropriate solutions to these obstacles; and submit
the reports to the DOF.
a.
An
internal committee named the “Partnership Committee” will be formed at each
Government Entity. Members of this committee will be nominated pursuant to a
resolution of the Director General of that entity. These committees will be
responsible for performing all the duties stipulated in this Law and the
resolutions issued in pursuance hereof. The resolutions forming these committees will determine
their terms of reference and the procedures for holding their meetings.
b.
For
the purposes of performing its duties, a Partnership Committee may seek
assistance from any experts and specialists it deems appropriate.
c.
Where
the total cost to be incurred by a Government Entity in respect of a
Partnership Contract exceeds two hundred million Dirhams (AED 200,000,000.00), the
members of the
Partnership Committee must include a representative from the DOF nominated by its
Director General.
A
Partnership Project may be proposed by a Government Entity or by the Private
Sector.
The
Financial Audit Department will audit the performance of Partnership Contracts in accordance with its
establishing law, this Law, the resolutions issued in pursuance hereof, the
terms of these Partnership Contracts, and the legislation in
force in the Emirate.
a.
The
process of selecting a Project Partner will be subject to the principles of
openness, transparency, fair competition, equal opportunity, equality,
announcement of competition, and achieving the public interest. This process must
be conducted in accordance with the rules and procedures stipulated in this Law
and the resolutions issued in pursuance hereof.
b.
A
Partner must meet the approved financial and technical standards, rules, and
requirements; and must have the capabilities and competencies required
for working in his field of specialisation.
c.
Notwithstanding
the provisions of paragraph (a) of this Article, a Government Entity may
directly contract with a Project Company where the Project is solely created by
that company.
Subject to paragraph (c) of Article (14)
of this Law, a Government Entity must, prior to initiating any tendering process, follow
the
prequalification
procedures required to shortlist the companies eligible for entering into
Partnership with that Government Entity. This includes:
1.
clearly
announcing the Project and its details in various media sufficient time in
advance of initiating the tendering process; and
2.
complying
with the rules and criteria stipulated in this Law and the resolutions issued
in pursuance hereof.
a.
A
Government Entity may hold preliminary meetings with prequalified Partners to
discuss matters related to the preliminary specifications and conditions of a
Project, and other relevant matters.
b.
For
confidentiality purposes, a prequalified Partner may request a Government
Entity not to publish or disclose the data relating to his economic or
financial forecasts which are relevant to a Partnership Project.
c.
For
purposes of ensuring equality and equal opportunity, prequalified Partners will
be treated in accordance with the rules and principles stated in Article (14)
of this Law.
d.
Prior
to initiating
a tendering
process, a Government Entity may, based on valid reasons and the
approval of the
Competent Authority, vary certain Project specifications and terms of
Partnership without affecting prequalification criteria. Such variation must be
clearly and expressly announced in various media sufficient time prior to the
tendering process.
An invitation to tender for a Partnership must
contain all the details relating to the Project, including the financial,
administrative, and technical requirements of the Partnership;
the type of
Project; the method of Partnership;
the terms of
participation in the Tender; the required
financial
guarantees to be provided by the Project Company, where applicable; and the conditions,
procedures, and cases where such security and guarantees may be confiscated or
returned.
A Government Entity will prepare the Tender
documents of Partnership Projects. The Tender documents of
a Project must
contain:
1.
information
on the Project,
as necessary to enable bidders to prepare and
submit their bids;
2.
the Project specifications and the technical and financial
requirements that must be met by bids;
3.
specifications
of the final product and required service level, including performance
indicators;
safety,
security, and environmental protection standards; and other standards;
4.
the basic and supplementary terms of the
Partnership Contract;
5.
the documents, forms, and time frames related to the
Partnership;
6.
the amount of the bid bond and method of calculating the
performance bond;
7.
the grounds on which submitted bids will be assessed; and
8.
the deadline for receiving bids.
Upon approval of a Project by the Competent
Authority, the Government Entity will, in accordance with the principles,
rules, and procedures stipulated in the resolutions issued in
implementation of this Law, invite prequalified Partners to collect the Tender
documents of the Partnership Project. Bidders must be given sufficient time to submit
their bids in accordance with the Tender documents of the Project.
To be accepted, a bid for a Partnership must meet all
the technical and financial requirements and specifications stipulated in the Tender
documents of the Project. Any bid that does not meet these requirements and
specifications will be disqualified.
a.
Unless
the Tender documents stipulate that a separate bid must be submitted by
each company, a
bid may be submitted by a consortium of prequalified companies in the name of this consortium.
b.
Unless
the Tender documents stipulate otherwise or the DOF approves otherwise, no
member of the
consortium may submit a separate bid directly or through another consortium; and no bids may be submitted
by a company in which a member of this consortium owns majority of
the capital or by
a company which is controlled by that member.
Assessment
of Bids
Article
(22)
The Partnership Committee will review and assess the
technical, financial, and legal aspects of bids; determine accepted and disqualified
bids; and assess their conformity to the announced terms and
specifications. Each bid will be awarded an assessment score in accordance with
the rules and procedures stipulated in the Tender documents of
the Project.
A Partnership Committee will
invite bidders or their legal representatives to a session in which bids are
opened. A Project will be awarded to the
bidder who
submits the best bid, from a technical and financial
perspective, after applying the relative weight factors
of each of the
financial and technical elements set out in the Tender documents of
the Project.
Cancellation
of Tenders
Article
(24)
a.
A
Tender for a Partnership may be cancelled by the Partnership Committee in the
following cases:
1.
where
a sole bid is submitted, or only one (1) bid remains after disqualifying
unacceptable bids;
2.
where
all or most of the bids contain reservations that contradict with the prescribed terms and specifications, and these bids
are difficult to
assess technically or financially;
3.
where
the lowest bid unjustifiably exceeds the initial estimate of the Government
Entity;
or
where, for
revenue-generating Contracts, the value of the highest bid is less than that estimate; or
4.
where
the public interest requires cancelling the Tender.
b.
The
Tender cancellation decision must be reasoned, and no bidder will
be entitled to
claim any compensation as a result of the cancellation.
c.
Notwithstanding
the provisions of paragraph (a) of this Article, a Partnership Committee may,
in special cases where the public interest so requires, accept a sole bid or a
bid whose value exceeds, or is below, the estimated value of the Tender.
Establishment
of Project Companies
Article
(25)
a.
The
Government Entity responsible for a Project may establish a Project Company
jointly with the Private Sector. This company must take the form of a limited
liability company.
b.
Where
a Government Entity does not wish to participate in the Project Company, the
bidder to whom the Partnership Contract is awarded must establish a Project
Company whose sole purpose is to implement the Project covered by the Partnership Contract.
The resolutions issued in pursuance of this Law will determine the requirements
that must be met by the Project Company.
c.
Notwithstanding
paragraph (b) of this Article, a Government Entity may, subject
to the approval
of the DOF, authorise a bidder who is awarded a Partnership Contract to
implement the Partnership Project without having to establish a Project Company
where that
winning bidder is, under the then current situation, capable of implementing
the Project using his own financial and technical resources, and of providing
sufficient financial guarantees. In this case, the Partner will be treated as a
Project Company.
Contents
of Partnership Contracts
Article
(26)
A Partnership Contract must contain the basic provisions governing the
Partnership, and the mutual obligations of the parties to the
Contract, which
mainly include:
1.
the
type and scope of the works and services that must be performed by the Project
Company;
2.
the
ownership of assets and intellectual property rights pertaining to the Project,
the obligations of parties with respect to the handover of the Project site,
and the
provisions governing the transfer of ownership upon
completion of the Project
3.
the
responsibility for obtaining licences, permits, and approvals;
4.
the
mutual financial and technical obligations of both contracting parties, and the
relevant financing
methods;
5.
the
rules governing the sale prices of products, or charges of the services,
provided under
the Project;
and the principles and rules of determining and changing these
prices or
charges;
6.
the
quality assurance methods; the financial, administrative, and
technical audit and supervision tools required for operating, utilising, and
maintaining the Project; and the performance indicators of the Project Company;
7.
the
rules regulating the right of the Government Entity to revoke or amend the Partnership Contract
and the
compliance by the Project Company with these amendments; and the grounds and methods of
compensation in the event of such a revocation or amendment;
8.
the
types and amounts of insurance covering the Partnership Project and its
operational and utilisation risks, the performance guarantees provided to the
Government Entity, and the provisions and procedures related to refunding these
guarantees;
9.
the
grounds for distribution of Project
risks in cases of force majeure, emergency, or material hardships; and the grounds for
assessment of the relevant compensation;
10. the term of Contract, cases of early partial or complete
termination, and rights and obligations of the contracting parties;
11. the cases where the
Government
Entity may unilaterally terminate the Contract;
12. the penalties that may be
imposed on the
Project Company if it fails to meets its contractual obligations;
13. the rules and procedures for
recovering the Project upon expiry, unilateral termination, or early or partial
termination of the Contract;
14. the procedures for ensuring the
continuity of
the Project and works covered by the Partnership Contract upon expiry or
revocation of the Contract, or upon failure by the Project Company to meet its
contractual obligations;
15. the provisions related to
using the services of the employees of the Government Entity by the Project Company, and those
related to determining the percentage of UAE nationals in the company;
16. the
measures that
must be taken by the Project Company to preserve the environment;
17. the
specifications
of the end products or service levels that the Project Company must comply with,
including any performance indicators; safety, security, and
environmental
protection standards,
and other standards; or electronic systems and programmes that must be used by
the Project Company; and
18. any other obligations
determined by the SFC, the DOF, or the Government Entity in accordance with the
resolutions issued by these entities in this respect.
a.
The
term of a Partnership Contract will be agreed upon by the Government Entity and
the Project Company. This term may not exceed thirty (30) years commencing from the date on which the Contract is executed or any
other date determined by the Partnership Committee.
b.
Notwithstanding
paragraph (a) of this Article, the SFC may, for the exigencies of public
interest and upon the recommendation of a Partnership Committee,
authorise the conclusion of Partnership Contracts for terms in excess of thirty
(30) years.
No Project Company may operate a Project or collect any
charges, fees, tariffs, prices, or any other amounts of money whatsoever in
return for the works or services agreed upon under the Partnership Contract
unless the Government Entity issues a certificate of acceptance of the
completed works
or services in accordance with the performance level agreed upon in the
Partnership Contract.
a.
A
Project Company must not discriminate amongst beneficiaries of the services
provided by the Project, and must comply with the legislation regulating the provision
of service and
with the relevant terms of the Partnership Contract.
b.
A
Project Company may, subject to obtaining approval from the Partnership
Committee and the DOF where the public interest so requires, adopt preferential
treatment and terms for certain categories of beneficiaries. This must be in
accordance with the general rules previously agreed upon by the Government
Entity and the Project Company.
A Partnership Committee may, subject
to obtaining
approval from the Director General or his authorised representative where the
public interest
so requires, amend a Partnership Contract within the limits agreed upon in that
Contract. This
amendment will be made in writing pursuant to a Contract addendum concluded for
this purpose.
A Partnership Contract may, in emergencies, be amended in
accordance with the rules and principles stipulated in
that Contract.
The resolutions issued in implementation of this Law will determine the rules
governing the emergencies, the payment of compensation
to Partners, and the methods and rules of amending Partnership Contracts.
Obligations
of Project Companies
Article
(32)
In addition to the obligations
stipulated in this Law, the resolutions issued in pursuance hereof, and the
terms of the Partnership Contract, a Project Company must:
1.
not
dissolve or liquidate itself, change its legal form, decrease its capital, or
be assigned to a third party, unless it first obtains the relevant approval of
the Partnership Committee;
2.
protect,
maintain, and preserve the assets of the Project and use them only for their
intended purpose;
3.
not
sell the Project establishments, assets, and moveable and immoveable property
it owns under the Partnership Contract. This will not apply to any
sale conducted
in implementation of a replacement and renovation
programme, in accordance
with the terms of the Partnership Contract and after first obtaining the
relevant approval from the Partnership Committee;
4.
submit
all the documents, information, and data required by the Government Entity,
the DOF, or the Financial Audit Department; cooperate with their employees; and
provide them with access to its sites for inspection at any time;
5.
transfer
knowledge and expertise to the Government Entity, and train and qualify the
employees of that entity as agreed upon by the parties in this respect;
6.
submit
periodic reports to the Government Entity on the Project implementation, including any
construction works, provision of supplies, development, operation, maintenance,
management, and other work required by the Government Entity;
7.
comply with environmental and health
standards, and meet
the requirements
for the
safety of Project
workers and beneficiaries; and
8.
not
enter
into any Contract
with any sub-contractors unless it first obtains the relevant written approval
from the Government Entity. This Contract must not affect the obligations of the
Project Company prescribed by this Law, the resolutions issued in pursuance
hereof, and the terms of the Partnership Contract.
Where a Project Company commits a material or gross breach
of its obligations, or fails to meet the quality
standards
prescribed by this Law and the resolutions issued in pursuance hereof, or prescribed
by a Partnership Contract, the Government Entity may,
without prejudice to its right to claim compensation and impose the penalties
prescribed by the Partnership Contract, implement that Partnership Contract by
itself or through any other party it deems appropriate, after notifying the
Project Company of its breach or omission and failure by the
Project Company to remedy that breach or omission within
the time frame prescribed in the notification .
Without prejudice to the functions of the Financial Audit
Department, a Government Entity will follow up the implementation of,
and provision
of supplies to, the Project and the
provision of services under the Partnership Contract; and will ensure that prescribed
quality standards
are met. For this purpose, it may, in accordance with the terms and provisions
of the Partnership Contract and the legislation in force in the Emirate,
appoint representatives to monitor the implementation of the Project. A
Government Entity must submit periodic work progress
reports to the Partnership Committee, in accordance with the procedures, rules, and time frames
stipulated in the resolutions issued in implementation
hereof.
a.
A
Partnership Contract and all its terms, rules, and obligations will be governed
by the provisions of this Law and the resolutions issued in pursuance hereof.
Where the Partnership Contract is silent, the legislation in force in the
Emirate, including the above-mentioned Law No. (6) of 1997, will apply.
b.
A
Partnership Contract may not stipulate that disputes arising therefrom be
referred to arbitration outside of the Emirate, or that any dispute regarding
the arbitration or its related procedures be subject to any laws or rules other than those in force in
the Emirate. Any provision to the contrary
of this rule
will be deemed void and non-binding.
A Government Entity may, in coordination with the DOF,
authorise a Project Company to enter into Contracts with financial
institutions to finance the works and activities of the Project Company, subject to the legislation
in force in the Emirate. In this case, the Project Company will be solely
responsible for all the obligations arising from that
Contract.
a.
Any
affected party may submit a written grievance to the DOF against any decision
or procedure taken by a Government Entity against him under this Law, the
resolutions issued in pursuance hereof, or the Partnership Contract, within
thirty (30) days from the date on which the contested decision or procedure is
taken. The grievance must be accompanied by supporting documents.
b.
The
DOF must review the grievance referred to in paragraph (a) of this Article
within thirty (30) days from the date on which the grievance is submitted to
it, and must render the appropriate decision in this
respect.
The Chairman of the SFC will issue the resolutions required
for the implementation of the provisions of this Law.
Any provision in any other legislation will be repealed to
the extent that it contradicts the provisions of this Law.
This Law will be published in the Official Gazette and will
come into force sixty (60) days after the date of its publication.
Mohammed bin
Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 10 August 2015
Corresponding to 25 Shawwal 1436 A.H.
©2017
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.