Public sector funding and resources are often inadequate to meet increasing demands for investment and effective management, and a growing case history shows increasing involvement by the private sector in provision of infrastructure and services through PPP arrangements. The objective of this book is to determine, and make recommendations on, means of optimizing the use of Public Private Partnerships (PPP) in development of infrastructure whilst ensuring the sustainable long term provision of water and waste water services. The focus is on providing detailed recommendations on contractual issues and contract structures to achieve this objective.
Public Private Partnerships in the Water Sector - Innovation and Financial Sustainability:
- Identifies what is needed to establish effective and sustainable water and wastewater service reform when using a PPP arrangement, and importantly how those issues can be addressed contractually.
- Provides specific recommendations of a comprehensive and detailed approach to contract drafting to ensure effective, sustainable and long term provision of water and wastewater services, including an approach for adaptation of public procurement procedures for PPP arrangements.
- Recommends a proposed approach to dealing with the influence of imperfect or unavailable data on the long term effectiveness or sustainability.
This is a practical and pragmatic book in which the authors share their considerable experience on devising and implementing PPPs in the water sector. It is aimed primarily at practitioners working with developing countries but its recommendations will also be suitable for application in developed countries. It will also be a useful reference for postgraduates and academics studying infrastructure development.
Public and Private Participation in the Water and Wastewater Sector - Developing Sustainable Legal Mechanisms, Cledan Mandri-Perrott, 2009
Private Sector Participation in Water Infrastructure, Organisation for Economic Co-Operation and Development (OECD), 2009
Table of Contents
Introduction; Public Private Partnerships - Solutions to Meet Infrastructure Investment and Management Improvement Needs; Characteristics of Urban and Peri-Urban Water and Wastewater Services; The Research Problem and Questions Arising; Methodology of the Research; Plan of this Research. Background to the Sector & PPP: Water & Waste Water Service Sector Issues; Strategic Planning, Policy Considerations & the Country Context; Social Aspects; Incorporating Private Sector Participation; Literature Review and Considerations for PPP in the Provision of Water and Wastewater Services; Overview of Possible PPP Contract Structures; Key Requirements for a Successful PPP; Partnerships between Public and Private Institutions; Managing the Stages of Development and Implementation of PPPs; Balance of Costs and Service Standards; Setting Service Standards and linking to Costs; Determining Tariffs and Subsidy Requirements; Performance Indicators. Main Factors Influencing Effective Development & Operation of PPP Schemes: Performance Monitoring, Legal and Regulatory Issues; Performance Monitoring; Legal framework; Basic Principles of Regulation; Developing a Regulatory Framework for Effective PPP Agreements; Understanding and Managing Risk; Analyzing Responsibilities and Risks; Common Risks and Responsibilities; Political and Macroeconomic Risks; Water Sector Specific Risks; Risks Associated with Managing the PPP agreement; Funding and Finance; Considering Bankability; Structuring Finance for Water PPP Projects; Typical financing structure of a long term PPP agreement; Public Funding, Support and International Funding Institutions; Considering and Valuing Contingent Liabilities; Hedging; Refinancing; General Procurement Issues of PPP’s; Principles for Good Procurement and Managing the Bidding Process; Selection Criteria & Bid Evaluation; Prequalification; Choosing the Bidding Process; Submission, Opening and Comparison of Bids; European Union Position on PPPs; Dealing with Existing PPPs and Re-Negotiation; Why should Renegotiation and Adaptation Clauses be considered as part of the PPP agreement; Legal Issues related to Renegotiations; International Business Practices for Renegotiations. Developing Sustainable PPP Arrangements: Improving Key Contract Provisions; Contract Form and Risk Allocation; General Provisions; Provisions Related to Service Standards and other Obligations; Provisions Applying to Implementation, Monitoring and Enforcement; Provisions Applying to Financing; Provisions related to Force Majeure & Termination; Various Standard Contractual Issues; Maintaining the Economic & Financial Equilibrium of the PPP agreement; Dealing with the long term nature of PPP agreements: Provisions for Periodic, Extraordinary and Emergency Variations; Periodic Variations in PPP Agreements; Recommendations for Tariff indexation and Cost Pass-throughs; Improving PPP Structures;New Model: Output-Based long term PPP agreement; New Model: PPP Trust Structure; Dealing with Imperfect Data; Identification and Categorisation of Data; Differentiating between data to be collected at Bid and Post Contract Award Stage; Recommendations on Dealing with Imperfect Data; Contractual Provisions to Adjust for the Implications of Imperfect Data; Improving Procurement proposals for PPP agreement; Enhanced Procurement to deal with the Data Improvement Period; Prequalification and Award Recommendations; The Developer’s Remuneration and the Bid Price; Summary Conclusions and Recommendations; Annex 1 - European Legal framework and its implications on PPP; Annex 2 – Sector Specific Risk Matrix