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4d Procurement Under PPPs PDF
4d Procurement Under PPPs PDF
Expert Group Meeting on Infrastructure
Public Private Partnership for sustainable development
Presenting
Procurement Under Public Private
Partnership (PPP)
Nov 2012 – Tehran, Iran
Agenda
1. Legal Framework For Procurement
2. Procurement
3. Standardized Contractual Provisions
Legislation
Legal Framework for Procurement
Legal Framework ‐ Procurement
Legislation On Public Procurement
- Public Procurement Rules, 2004
(“Procurement Laws”)
Legal Framework ‐ Procurement
• Public Procurement has been defined as:
Public Private Partnerships in Pakistan
• Public Private Partnerships contracts are procured
under the present and prevailing Procurement Laws
by the Procuring Agencies
Scope, Methods
Procurement
Scope & Purpose
• Scope & Applicability
– All types of procurements are governed under the Procurement Laws
whether relating to:
• Traditional Procurement, or
• Public Private Partnerships
• Purpose of the Procurement Laws
– Transparency
– Fairness
– Bringing Value for money to the Procuring Agency
– Enhanced competition
Procurement Methods (Pre‐Procurement)
Procurement Initiation ‐ Request for Pre‐Qualification
• Pre‐qualification documentation
– Information required for pre‐qualification
– Instruction to bidders
– Evaluation criteria
– Documentary evidence and
– Any other information
Open ‐ Competitive Bidding
Open Competitive Bidding ‐ Methods
Single Stage – One Envelope Procedure
Single Stage – Two Envelope Procedure
Two Stage – Two Envelope Bidding Procedure
Conditionality : of above Procedures
Provisions for Performance, Risk, Termination, Disputes
Standardized Contractual Provisions
Conditionality : of above Procedures
Standardized Provisions – PPP Contracts
• It also aims to achieve:
– Substantial risk transfer
– Value for money
– Affordability
Standardized Provisions – PPP Contracts (Contd.)
Some Model Provisions
Project Handbook
• It defines the tenure of the PPP Contract –
Concession Term
• Project Term is cross referred to the following other
terms of the Contract:
– Extension in the Project Term
– Events requiring the extension
– Expiry of the Project Term by:
• Afflux of time, or
• Termination
– Handback guarantee
– Handback provisions covering:
• Maintenance requirements
• Inspections
• Removal of defects and restoration as per O&M requirements
• Schedules covers all aspects
Performance
• Performance of the PPP Contract generally relates
to:
– Performance prior to implementation of the Contract
but after the execution. It includes usually:
• Financial Close
• Site investigations
• Designing
• Contractual appointments such as Independent Certifier
• Performance reporting mechanism is devised
• Penalty mechanism is cross referenced
• Causes of Termination‐ Introduction
a) Project may be terminated for following reasons:
– Default by either party, Force Majeure or Corrupt Acts
b) Termination by Institution’s default
– Agreement to provide events to constitute institution default
– Major difference between different termination is the different level of compensation
to PP
– Institution default should be limited to the breaches by the Institution where PP is
completely unable to perform its part of the contract
– Obligation of Institution mainly relates to payments and approvals
– Late payment –no termination
– No termination except for expressed provisions.
c) Termination by Private Party Default
a. Agreement to specify events of PP default clearly, objectively and with reasonable
tolerance. Such as: failure to carry on business, failure to service the debt and
termination of financing agreements etc.
Effects of Termination
Dispute Resolution
Thank you
Questions & Answers