Public Private Partnership Contracts

By merging public and private tangible and intangible capitals, Public Private Partnerships contracts (PPP) are fundamental to generate public value and to support economic and social development; in the aftermath of Covid-19 pandemic, they prove critical to pave the way for the recovery. This book is intended to support the co-evolution of the main public and private players involved in PPP contracts for infrastructure and service delivery, by providing principles, based on the academic and professional experience of the authors, that can be applied across sectors and jurisdictions. Drawing on the framework of public-private collaborations at macro, meso and micro level, this book provides a practical perspective on the most relevant legal, financial and contractual issues of PPP contracts for infrastructure and service delivery.

This book provides a comprehensive overview of the law surrounding PPPs in the Middle East and North African region. The significance of liberalised and integrated Public Private Partnership Contracts as an essential component of the world legal and policy order is well documented. The regulation of PPPs is justified economically to allow for competition in the relevant public service and to achieve price transparency, thus resulting in significant savings for the public sector. In parallel to the economic justifications, legal imperatives have also called for the regulation of PPPs in order to allow free movement of goods and services and to prohibit discrimination on grounds of nationality. The need for competitiveness and transparency in delivering public services through PPPs is considered a safeguard to achieve international standards in delivering public utility services. First, it assesses the compatibility of the current PPPs legislation and regulation in the MENA region with the international standards of legislation and regulation prevalent in many other countries, including the UK, France and Brazil. Secondly, it compares the practices in the MENA region with those of international bodies such as the OECD and World Bank. Comparisons are then made between the MENA countries and those in Europe and Asia with regard to the influence of culture, policy and legal globalization. The book will be of interest to scholars and students in the field of international contract law, public law and state contracts, finance law and private law.

Economic development and social welfare depend on the existence of effective and efficient infrastructure systems, particularly in health, energy, transportation and water, many of which are developed and managed through Public-Private Partnerships (PPPs). However, empirical evidence suggests some pitfalls in the use of these PPP arrangements. This book addresses these issues, focusing on mostly three key questions: How to improve the robustness of the decision-making process leading to the option of PPP? How to improve contract management as the longest phase of the process? How can contracts be improved to accommodate uncertainty and avoid harmful renegotiations? The authors explore the concept of flexible contracts, the uncertainty modeling for improving the robustness of the decision-making process, and develop an overall framework for effective contract management, along with a comprehensive analysis of current renegotiation patterns. The ultimate goal is to improve the contractual performance, as well as the overall infrastructure management and social welfare. ​

Public-Private Partnerships Policy and Practice is a comprehensive reference guide on PPP theory and practice for senior policy-makers and other public sector officials in developing countries. The guide focuses on the key lessons learned - and emerging best practice - from successful and failed PPP transactions over the past thirty years. The guide avoids jargon and explains relevant concepts in non-specialist language. Key points are summarised at the beginning of each section and provide an overall high-level outline. References are provided throughout and at the end of each section to allow the reader to access further information on specific issues.

Over the last decade or so, private-sector financing through public-private partnerships (PPPs) has become increasingly popular around the world as a way of procuring and maintaining public-sector infrastructure, in sectors such as transportation (roads, bridges, tunnels, railways, ports, airports), social infrastructure (hospitals, schools, prisons, social housing) public utilities (water supply, waste water treatment, waste disposal), government offices and other accommodation, and other specialised services (communications networks or defence equipment). This book, based on the author's practical experience on the public- and private-sector sides of the table, reviews the key policy issues which arise for the public sector in considering whether to adopt the PPP procurement route, and the specific application of this policy approach in PPP contracts, comparing international practices in this respect. It offers a systematic and integrated approach to financing PPPs within this public-policy framework, and explains the project-finance techniques used for this purpose. The book deals with both the Concession and PFI models of PPP, and provides a structured introduction for those who are new to the subject, whether in the academic, public-sector, investment, finance or contracting fields, as well as an aide memoire for those developing PPP policies or negotiating PPPs. The author focuses on practical concepts, issues and techniques, and does not assume any prior knowledge of PPP policy issues or financing techniques. The book describes and explains: * The different types of PPPs and how these have developed * Why PPPs are attractive to governments * General policy issues for the public sector in developing a PPP programme * PPP procurement procedures and bid evaluation * The use of project-finance techniques for PPPs * Sources of funding * Typical PPP contracts and sub-contracts, and their relationship with the project’s financial structure * Risk assessment from the points of view of the public sector, investors, lenders and other project parties * Structuring the investment and debt financing * The key issues in negotiating a project-finance debt facility. In addition the book includes an extensive glossary, as well as cross-referencing. *Reviews the PPP policy framework and development from an international perspective *Covers public- and private-sector financial analysis, structuring and investment in PPPs *No prior knowledge of project financing required

"TRB's National Cooperative Highway Research Program (NCHRP) Synthesis 391: Public Sector Decision Making for Public-Private Partnerships examines information designed to evaluate the benefits and risks associated with allowing the private sector to have a greater role in financing and developing highway infrastructure"--Publisher's description.

This book investigates the economic decisions behind the implementation of public-private partnerships (PPPs). The first part of the book discusses different forms of public procurement contracts, in particular in France and the UK, and provides an economic analysis of the potential advantages and pitfalls of public-private partnerships. This exploration of PPPs’ efficiency also includes an examination of the financing conditions of public procurements, as well as regulatory requirements. By reviewing empirical studies on PPPs, the second part of the book compares their advantages over purely public solutions and offers practical guidance on their implementation. Practitioners will also learn best practices on how to involve stakeholders in calls for bids.