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MISCELLANEOUS
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of the allotted period, if the relevant undertaking is still not performed,
the financial backer is granted the right to realize the work by means
of amending the shareholding structure of the private party enterprise
by coming to an agreement with the administration. If this option is not
realized either, the administration shall terminate the agreement.
During the operation period, the administration shall terminate the
agreement directly if the private party performs poorly. In the event of
failure in the provision of health services, the administration shall procure
the work from a third party in the name of the private party. For works
other than health services, the private party shall be informed with a
written notice requesting that the work be completed in a reasonable
amount of time and the lenders shall be informed of this situation as well.
If the work is not completed within the given period, it shall be performed
in the name of the private party and the amounts paid for these services
shall be deducted from the fee of the private party.
On the other hand, if health services become unsustainable in relation
to other service, research and development, consultancy or renovation
agreements concluded between the public sector and the private party,
such agreements shall be terminated immediately. For works other than
health services, if the private party does not perform within the amount
of time given in the notice of the administration, the agreement shall be
terminated by the administration.
Conclusion
Law No. 6428, aims to provide a more stable legal ground for
the projects which have been and will be completed as public-private
partnerships.
The rules discussed in this article are in line with the old regulation,
with some innovations promoting the public-private partnership model
and more detailed regulations regarding the process.
ItmaybesaidthatLawNo.6428eliminatesclaimsofunconstitutionality
related to Supplemental Article 7 of Law No. 3559 and the Regulation,
solves problems arising from practice and makes projects financeable for
loan institutions; thereby encouraging those projects which have already
been tendered and which are still in the process of tendering.