This Law consisting of 42 articles divided into X Chapters aims at (i) organizing and promoting PPPs; (ii) encouraging private entities to invest and participate in projects alongside Sudanese public entities; (iii) ensuring transparency and integrity in procedures and equal and fair treatment for bidders.
Chapter III establishes the Supreme Council for Partnership between the Public and Private Sectors chaired by the Prime Minister with the following main tasks (i) give the strategy recommendations; (ii) find the financial resources; (iii) approval of project studies and proposals; (iv) approval of land allotment necessary for implementing the partnership projects; (v) approval on exemptions, facilitation, and guarantees related to the projects. To ensure the development, management, and implementation of PPP projects, a Central Unit with an independent budget has been created in Chapter IV of the Law. Both the public and private sectors will be able to suggest PPP projects. Each PPP project will be assigned a tender committee responsible for advertising and preparing the bidding process (art.17). Regarding implementation guarantees, dealt with in article 25, the winning bidder will not have to guarantee more than 10% of the partnership contract value and will also be invited to establish a project company (art.29), except if certain exemptions apply. Article 38 states that the contract may be terminated before the expiry date, according to contractual provisions. Sudanese law will be applied to any such partnership contract, and the Sudanese courts will have jurisdiction (article 39).
The X Chapters are entitled as follows Introductory Provisions (I); Objectives and General Principles (II); the Council (III); the Central Unit for for Partnership between the Public and Private Sectors; (IV); Contracting party (V); Oversight and Supervision (VI); Procedures for offering and awarding partnership projects (VII) the Project Company (VIII); Provisions of the partnership contract (IX); and Final Provisions (X).