Professional Documents
Culture Documents
(PPP): a reality
Defining Public-Private Partnerships
PPP Prequalification
Conduct Procurement
Bid Evaluation and Award
Negotiation and Contract Signing
Legal, Regulatory, and Policy Frameworks
The diagnostic should cover the existing legal,
regulatory, and policy frameworks including:
• Applicable laws, and existing regime for assigning
and setting performance standards
• Regulatory bodies and regulations
• Major sector institutions and government entities
related to the sector
• Tariff and subsidy policies and arrangements etc.
Legal, Regulatory, and Policy Frameworks
• Natural resource safeguards and management
requirements important to sector performance
• Environmental and health regulations
• Relevant labour laws and regulations
• Limitations on foreign ownership/sector participation,
foreign exchange restrictions, and limitations on
repatriation of profits, i.e. foreign investment laws.
• In particular, the regulatory regime may have to be
reformed and/or regulatory bodies are created to
facilitate a shift from purely government provided
services to the private provision of services.
Legal, Regulatory, and Policy Frameworks
Employees
Consumers
- Ensure fair treatment of present
employees - Ensure fair pricing
- Provide career opportunities Stakeholder - Improve quality and Examples of
-- Improve Productivity, efficiency and
morale
Interests reliability of service Stakeholder
- Increase accountability and
responsiveness Interest
Investors
- Ensure stable, transparent
regulatory process
- Enable organizational
restructuring and asset
allocations that favour efficient
operations
- Provide trained human
resources
- Generate more investment
opportunities
Structuring a PPP: Available PPP Options
The basic PPP contract types are:
• Service contracts
• Management contracts
• Lease contracts
• Build-operate-transfer (BOT) and similar
arrangements
• Concessions; and
• Joint ventures
Service Contract
• Under a service contract, the government
(public authority) hires a private company or
entity to carry out one or more specified tasks
or services for a period, typically 1-3 years.
• The public authority remains the primary
provider or the infrastructure service and
contracts out only portions of its operation to
the private partner.
Service Contract
• The private partner must perform the service
at the agreed cost and must typically meet
performance standards set by the public
sector.
• Government generally use competitive
bidding procedures to award service
contracts, which tend to work well given the
limited period and defined the nature of
these contracts.
Service Contract
• Under this contract, the government pays the
private partner a predetermined fee for the
service, which may be based on a one-time
fee, unit cost, or other basis.