Benchmarking Public-Private Partnerships Procurement 2017 Benchmarking PPP Procurement: Assessing Government Capability to Prepare, Procure and Manage PPPs Benchmarking Public-Private Partnerships Procurement 2017 Assessing Government Capability to Prepare, Procure, and Manage PPPs 1 2016 International Bank for Reconstruction and Development © / The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 www.worldbank.org The findings, interpretations, and conclusions expressed in this report are entirely those of the authors and should not be attributed in any manner to the Public-Private Infrastructure Advisory Facility (PPIAF) or to The World Bank Group, to its affiliated organizations, or to members of its Board of Executive Directors or the countries they represent. Neither PPIAF nor The World Bank Group guarantees the accuracy of the data included in this publication or accepts responsibility for any consequence of their use. The boundaries, colors, denominations, and other information shown on any map in this report do not imply on the part of PPIAF or The World Bank Group any judgment on the legal status of any territory or the endorsement or acceptance of such boundaries. For questions about this publication or information about ordering more copies, please refer to the PPP Knowledge Lab. Rights and Permissions The material in this work is subject to copyright. Because The World Bank Group encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes, as long as full attribution to this work is given. Any queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street, NW, Washington, DC 20433, USA; fax: +1-202-522-2625; e-mail: pubrights@worldbank.org. 2 Contents Foreword 5 Acknowledgments 6 Glossary 8 Abbreviations 9 Executive Summary 11 About Benchmarking PPP Procurement 2017 14 Assessing Government Capability to Prepare, Procure and Manage PPPs Regulatory Framework and Institutional Arrangements for PPPs 22 Thematic Areas Covered and Scored in Benchmarking PPP Procurement 26 Preparation of PPPs 26 PPP Procurement 32 Unsolicited Proposals 38 PPP Contract Management 44 Economy Data Tables 50 Annex 1: Typology of PPP Regulatory Framework 139 Annex 2: Scoring Methodology 141 Contributors 153 3 4 Benchmarking Public-Private Partnerships Procurement Foreword Governments, the private sector, and the international development community agree that quality infrastructure plays a key role in fostering economic growth and supports efforts to reduce poverty. The Sustainable Development Goals (SDGs) expressly seek to “Develop quality, reliable, sustainable, and resilient infrastructure, including regional and transborder infrastructure, to support economic development and human well-being, with a focus on affordable and equitable access for all.” There is increased recognition of the key role that the private sector can play in partnering with governments to support the efficient and timely provision of infrastructure. The SDGs also recognize the importance of such relationships when emphasizing the need to “encourage and promote effective public, public-private, and civil society partnerships.” Public-private partnerships (PPPs)—long-term contractual agreements for the delivery of infrastructure or provision of services in which the private sector bears a significant amount of risk and management responsibility—can play an important role in closing the infrastructure gap. But PPPs can be complex to procure and manage. Governments need proper frameworks and capacity to identify the projects that are best done as PPPs, to procure them transparently and efficiently, and to undertake contract management and regulation so as to achieve the expected value-for-money for government and consumers and sustain investment. Benchmarking Public-Private Partnerships Procurement 2017 assesses important aspects of government capabilities to prepare, procure, and manage PPPs and informs evidence- based decision making on the design of PPP procurement policies and regulations. It is the first attempt to collect systematic data on PPP procurement by providing comparable data on the regulatory frameworks governing the PPP procurement processes in 82 economies and to evaluate these data against internationally Assessing Government Capability to Prepare, Procure and Manage PPPs recognized good practices. The methodology was developed with extensive feedback from an expert group representing PPP experts, academia, and the private sector. It focuses on issues such as feasibility, value for money, transparency, competition, and provisions for PPP implementation and covers the main stages of the PPP project cycle (preparation, procurement, and contract management). It also explores the treatment of unsolicited proposals (USPs). As the international development community continues its efforts to assist governments in delivering quality infrastructure, Benchmarking PPP Procurement aims to support our clients’ efforts to enhance their regulatory environment to foster PPPs that successfully support infrastructure provision and contribute to the achievement of the SDGs. Laurence W. Carter Augusto Lopez Claros Senior Director Director Public-Private Partnerships CCSA Global Indicators Group 5 Acknowledgments Benchmarking Public-Private Partnerships Procurement 2017 is a joint product of the World Bank Public-Private Partnerships Cross-Cutting Solutions Area (PPP CCSA) and World Bank Global Indicators Group. It is housed under the Benchmarking Public Procurement (BPP) project. It was prepared by a team led by Tania Ghossein under the general direction of Federica Saliola and Augusto Lopez Claros. Members of the core team included Mikel Tejada Ibañez, Nasser Alreshaid, Khasankhon Khamudkhanov, Zeina Traboulsi, and Helene Candice Larroque. Fernanda Ruiz-Nuñez was the task team leader for this activity. The Public-Private Infrastructure Advisory Facility (PPIAF) cofinanced the report. The team would like to recognize in particular the active involvement and support of Laurence Carter and Clive Harris of the PPP CCSA. The team would also like to thank our many other colleagues at the World Bank Group for their valuable guidance: Daniel Alberto Benitez, Enzo de Laurentiis, Jeffrey John Delmon, Victoria Hilda Rigby Delmon, Felipe Goya, Junglim Hahm, Jay-Hyung Kim, Melissa Marie Johns, Cledan Mandri-Perrott, Rui Monteiro, Mark M. Moseley, Michael Opagi, Anand Kumar Srivastava, Shyamala Shukla, and Satheesh Kumar Sundararajan. The team is indebted to the following individuals for pro bono feedback and guidance Benchmarking Public-Private Partnerships Procurement at various stages of the project, in particular during the development of the survey instrument: Richard Abadie and Kylee J. Anastasi (Pricewaterhouse Coopers), Walid Abdelwahab and Fida Rana (Islamic Development Bank), James Ballingall (Infrastructure UK), David Baxter (IP3), Christopher Carrigan (George Washington Trachtenberg School of Public Policy and Public Administration), Deborah DeMasi (George Washington Law School), Ed Farquharson (European PPP Expertise Centre), John Forrer (George Washington Business School and Trachtenberg School of Public Policy and Public Administration), Jacques Gansler (University of Maryland School of Public Affairs), Stephen Gaull (Millennium Challenge Corporation), José Luis Guasch (former World Bank), Jonathan Halpern (Georgetown University), Ian Hawkesworth (Organisation for Economic Co-operation and Development), Michael Klein (Johns Hopkins School of Advanced International Studies), Andrew J. Kline (American University School of Public Administration), Lawrence Martin (University of Central Florida), Andrés Rebollo (K-Infrastructure), Marcos Siqueira (Radar PPP), James Stewart (KPMG), and David Van Slyke (Maxwell School of Public Administration). 6 The team is grateful to the Georgetown University Law Center and McCourt School of Public Policy, the George Washington University Law School, and the American University Washington College of Law for organizing an externship program for students to conduct research for the project. The team would like to thank for their invaluable help and support all the students who assisted in the data collection and research process throughout the project under the team members’ supervision: Adetoun Latifat Adetona, Alexander Arbour, Ananthi Bharadwaj, Brian Feetham, Siming Fu, Estrella Garces Dura, Mengxi Jin, Maria Isabel Laluna, Yarissa Molina, Yusi Sun, Angelica Toro Botero, and Jingchen Zhou. The team would also like to recognize the support received from Komal Murli Agarwal from the University of Chicago and Zichao Wei from the PPP CCSA. The Benchmarking PPP Procurement online database is managed by Vinod Kumar Vasudevan Thottikkatu, supported by Andres Baquero Franco, Kunal Patel and Hashim Zia. The report’s media and outreach strategy is managed by Nadine Ghannam. The team includes Priyanka Ripley and Lai Wei. The outreach strategy plan is implemented in close coordination with Indira Chand and communications colleagues throughout the World Assessing Government Capability to Prepare, Procure and Manage PPPs Bank Group network. The report was edited and designed by a team at Base Three LLC, led by Dania Kibbi and Marianne Siblini. Benchmarking PPP Procurement 2017 would have not been possible without the generous contributions of a network of more than 500 local PPP legal experts, private sector operators, academics, government officials, and other professionals routinely administering or advising on PPP procurement processes in the 82 economies surveyed. The names of those wishing to be acknowledged individually are listed at the end of the report and are made available on the Benchmarking Public Procurement (BPP) website at http://bpp.worldbank.org. Funding for this publication was provided by PPIAF. PPIAF, a multi-donor trust fund housed in the World Bank Group, provides technical assistance to governments in developing countries. PPIAF’s main goal is to create enabling environments through high-impact partnerships that facilitate private investment in infrastructure. For more information, visit www.ppiaf.org 7 Glossary Public-Private Partnership (PPP) Any contractual arrangement between a public entity or authority and a private entity for providing a public asset or service in which the private party bears significant risk and management responsibility. For the purpose of this survey, this definition applies irrespective of the terminology used in the particular economy or jurisdiction. Procuring authority The ministry, department, or agency responsible for ensuring that the relevant assets or services are provided. It is the authority in charge of the PPP (that is, the authority responsible for identifying, preparing, procuring, awarding, and managing the PPP contract). PPP unit The specialized government entity or team that is responsible for facilitating the PPP program. Regulatory framework A framework encompassing all laws, regulations, policies, binding guidelines or instructions, other legal texts of general application, judicial decisions, and administrative rulings governing or setting precedent in connection with PPPs. In this context, the term policies refers to other government-issued documents that are binding on all stakeholders, that are enforced in a manner similar to laws and regulations, and that provide detailed instructions for the implementation of PPPs. It should not be confused with policy in the sense of a government’s statement of intent to use PPPs as a course of Benchmarking Public-Private Partnerships Procurement action to deliver public services. The regulatory framework includes but is not limited to those laws, regulations, policies, and other government actions specifically dealing with PPPs. (For example, procurement of PPPs may be governed by the general procurement framework.) Special purpose vehicle (SPV) Also special purpose company (SPC) or special purpose entity (SPE), a company specifically formed to undertake a specific project (in this case the PPP project). Financial model An analytical tool that enables the user to assess the financial robustness of a project by representing its expected financial performance, including cash flows, returns, and the like. A financial model should not be confused with a financial proposal. Unsolicited proposal (USP) A proposal made by a private party to undertake a PPP project that is submitted at the initiative of the private firm rather than in response to a request from the government.2 8 Abbreviations ABFO Access to the Best and Final Offer BOT Build-Operate-Transfer BPP Benchmarking Public Procurement CMU Country Management Unit CCSA Cross-Cutting Solutions Area EAP East Asia and Pacific ECA Europe and Central Asia ECG Expert Consultative Group ICRC Infrastructure Construction Regulatory Commission (Nigeria) IFLR International Financial Law Review LAC Latin America and the Caribbean MDA Ministry, Department, or Agency MENA Middle East and North Africa Assessing Government Capability to Prepare, Procure and Manage PPPs OECD Organisation for Economic Co-operation and Development PPIAF Public-Private Infrastructure Advisory Facility PPP Public-Private Partnership SDGs Sustainable Development Goals SPC Special Purpose Company SPE Special Purpose Entity SPV Special Purpose Vehicle SAR South Asia (Region) SNIP National Investment System (Peru) SSA Sub-Saharan Africa USP Unsolicited Proposals 9 10 Benchmarking Public-Private Partnerships Procurement Executive Summary Public-private partnership (PPP) projects are gaining momentum globally as a means for delivering infrastructure. Government capabilities to prepare, procure, and manage such projects are important to ensure that the expected efficiency gains are achieved. No systematic data currently exist to measure those capabilities in governments. Benchmarking PPP Procurement 2017 is the first attempt to collect and present comparable and actionable data on PPP procurement on a large scale, by providing an assessment of the regulatory frameworks and recognized practices that govern PPP procurement across 82 economies. Benchmarking PPP Procurement 2017 presents an analysis of targeted elements aggregated into four areas that cover the main stages of the PPP project cycle: preparation, procurement, and contract management of PPPs, and management of unsolicited proposals (USPs). Using a highway transport project as a case study to ensure cross-comparability, it analyzes the national regulatory frameworks and presents a picture of the procurement landscape at the end of March 2016. The average performance in each area varies across regions and income levels. Figure ES.1 shows that the higher the income level of the group, the higher the performance in the four areas. The data also show that the Organisation for Economic Cooperation and Development (OECD) high income and Latin American and Caribbean regions perform at or above average. Benchmarking PPP Procurement 2017 shows that across the four areas measured, most economies fall short of good practice. In particular, a significant number of economies have low scores in two areas: project preparation and contract management. Consequently, there is room for improvement specially in regulating the activities to Assessing Government Capability to Prepare, Procure and Manage PPPs be undertaken before launching the PPP procurement process as well as in preparing for those that will follow after the signature of the PPP contract, as illustrated in the examples below. Figure ES.1 Benchmarking PPP Procurement scores by area and income-level group (score 1–100) 90 80 70 60 50 Score 40 30 20 10 0 High income Upper Lower Low income middle income middle income Preparation Procurement USPs Contract management Average 11 Source: Benchmarking PPP Procurement 2017. Note: PPP = public-private partnership; USP = unsolicited proposal. The 82 economies reflect a range of regulatory frameworks and institutional arrangements for PPPs. All have in place specific frameworks for regulating PPPs, with 71 percent either having a concession or a specific PPP law (25 percent of which coexist with a concession law), 11 percent having PPP guidelines or policies, and the remaining 18 percent resorting to the general procurement law to govern their PPP contracts. Although regulatory frameworks may differ, the fact that an economy uses a general procurement law does not prevent it from doing PPP projects. In fact, 13 out the 15 economies that use general procurement law had committed investments in PPPs in the past five years. PPP units are very common (85 percent of the economies measured have them), but only 16 percent of them play a leading role during the PPP procurement phase by for example conducting the tendering process. The findings reveal a mixed picture in terms of approaches to ensuring that PPPs are fiscally sustainable and consistent with national investment programs. PPP fiscal management and assurance of the consistency of PPP projects with investment priorities are two means for ensuring that projects are fiscally sustainable and are selected on the basis of their strategic importance and impact rather than because of any expectation of savings through off-budget reporting. Nearly three-quarters of the economies require the ministry of finance’s approval before launch of a PPP procurement process. Yet only 55 percent legally require consistency between the prioritizations of PPPs and other public investments—and only a quarter have detailed procedures for ensuring that consistency. Rigorous assessments are essential for the preparation of sound projects, but many economies have not adopted specific appraisal methodologies. One of the main challenges that emerging markets face in attracting private sector investments is preparing a well-structured PPP project. Approximately two-thirds of the economies surveyed require socioeconomic impact, affordability, risk identification, bankability, and comparative assessments (PPP versus traditional procurement) of a potential PPP project. However, only about one-third of these economies have adopted specific methodologies Benchmarking Public-Private Partnerships Procurement for conducting such assessments. In almost half of the economies, a market assessment is not required at all, and only about 10 percent have adopted a methodology for such an assessment. Thus, many economies are likely taking projects to market without having systematically measured market interest. In conducting PPP procurement, many economies perform closer to recognized good practices. Yet there is still room for improvement in two areas: (a) the minimum time granted to potential bidders to submit their bids and (b) the approach to handling sole bidders. PPP projects are complex and require onerous efforts—and consequently sufficient time—to prepare strong, sensible bids. Nonetheless, 40 percent of the economies surveyed either do not specify a minimum period for the preparation of bids or require a period of fewer than 30 days. Moreover, only 15 percent of the economies have a detailed process to address cases when only one bid is received, hence leaving it to the discretion of the procuring authority to set the process. 12 There is considerable scope to improve practices related to the disclosure of information on PPPs. A transparent, competitive process is essential to achieving better outcomes for projects and efficiency gains in infrastructure. Having a transparent process requires making publicly available all the information relevant to ensuring a competitive process. Most of the economies do so for the tender notice (93 percent) and the PPP award (74 percent), but only 23 percent publish the PPP contract, and very few publish it online. Furthermore, a transparent information system is essential during the contract management phase of PPP, yet only 16 percent of the economies require data to be made publicly available. Although in most of the economies the private partner must periodically provide performance information and the procuring authority must gather it (60 percent and 73 percent, respectively), in only 16 percent of economies is this information required to be made publicly available. Renegotiation and disputes of contracts may be inevitable in some cases, but one-third of the economies do not regulate them comprehensively. Renegotiations and disputes can erode the achievement of the expected benefits of a PPP project—and if frequent, can trigger opportunistic behavior in future PPP projects. The economies measured handle renegotiations differently, with 31 percent either not addressing this issue in the regulatory framework or considering it solely a contractual matter. Although the regulatory frameworks of most of the economies (85 percent) mention dispute resolution mechanisms for PPPs, only 27 percent of those economies establish specific mechanisms to address the disputes. A significant number of economies do not regulate USPs. Among those that do, very few have a clear process for evaluating them. The difficulty with USPs lies in getting the right balance between encouraging private companies to submit innovative project ideas and maintaining the transparency and efficiency gains of a competitive tender process. Of Assessing Government Capability to Prepare, Procure and Manage PPPs the economies measured, 32 percent have no provisions that specifically regulate USPs. Even among economies where such provisions exist, only 21 percent provide a detailed framework for ensuring consistency with government priorities, and only 13 percent guarantee a period of more than 90 days for proposal submission—that is, a sensible length of time to introduce competitive tension, challenging the original proponent in a competitive tendering process. 13 About Benchmarking PPP Procurement 2017 The links between infrastructure and economic growth are well established. They include the impact of infrastructure on poverty alleviation, growth, and specific development outcomes.3 As economies face growing demand for infrastructure, Public- Private Partnerships (PPPs) continue to play a crucial role in improving efficiencies in delivering public services, one of the key elements to narrowing the infrastructure gap.4,5 A PPP is defined as a contractual arrangement between a public entity or authority and a private entity for providing a public asset or service in which the private party bears a significant risk and assumes management responsibilities.6 During the past 25 years, more than 5,000 infrastructure projects in 121 low- and middle-income economies were delivered through PPPs, representing investment commitments of $1.5 trillion. PPPs have supported the development of crucial infrastructure such as roads, bridges, light and heavy rail, airports, power plants, and energy and water distribution networks.7 The United Nations’ Sustainable Development Goals (SDGs) recognize both the relevance of quality infrastructure and the role of partnerships with the private sector in the post-2015 development agenda. In particular, the quality of the procurement process is a driver of PPP efficiency. The Addis Ababa Action Agenda of the Third International Conference on Financing for Development states the intent to “build capacity to enter into public-private partnerships, including with regard to planning, contract negotiation, management, accounting, and budgeting for contingent liabilities.” Corrupt procurement practices continue to obstruct the delivery of quality infrastructure. Moreover, the design of the procurement process itself has an impact on the ability of governments to take full advantage of the potential benefits of PPPs for delivering infrastructure.8 This includes their ability to identify which projects are best done as PPPs and also to manage contracts in a transparent and effective way. Benchmarking Public-Private Partnerships Procurement Benchmarking Public-Private Partnerships Procurement (Benchmarking PPP Procurement) was launched in 2015 with the goal of supporting a better policy-making decision process by highlighting key aspects of an economy’s regulatory framework for the procurement of PPPs. The exercise was inspired by the methodology of the World Bank Group’s Doing Business report, which assesses the business climate in 189 economies and has a track record of leveraging more than 2,500 reforms to date. By assessing economies’ laws, regulations, and practices against recognized good practices, Benchmarking PPP Procurement offers data to fuel academic research, helps governments assess the performance of their procurement systems, and delivers a unique information tool for the private sector and civil society. We expect that the Benchmarking PPP Procurement exercise will help identify areas for reform to achieve more transparent, competitive, and efficient PPP procurement systems and increase private sector participation in infrastructure and service delivery. 14 What Does Benchmarking PPP Procurement 2017 Measure? Thematic Coverage Benchmarking PPP Procurement presents cross-economy analysis of 82 economies on issues affecting the procurement of PPPs. The standardized survey instrument includes 50 questions organized by areas, which were selected with guidance from a review of academic literature9 and input from the expert consultative group (ECG). The areas covered by the survey instrument are as follows: >> Regulatory and institutional framework for PPPs: This introductory section aims to identify the extent to which the regulatory frameworks in the measured economies cover PPPs. It highlights alternative approaches to regulate PPPs that different economies have adopted. It also attempts to capture a general understanding of the overall institutional arrangement for PPPs, such as who the procuring authorities are and whether a specific PPP unit or other government agency with similar functions exists. >> Preparation of PPPs: This section covers the period and activities that precede and inform the decision to launch a PPP procurement process. It explores whether the identification of a potential PPP project happens within the broader context of public investments and thereby its consistency with government priorities. It also examines which assessments are required or conducted to define key features of the PPP project and its feasibility. In addition, it considers other activities that lead to the procurement of the PPP project (that is, activities undertaken before publishing the public tender notice, such as preparing the draft contract or obtaining land and permits). >> Procurement of PPPs: This section focuses on the process for selecting a private Assessing Government Capability to Prepare, Procure and Manage PPPs partner to undertake the responsibility of developing the PPP project. The range of topics in this section reflects recognized good practices in selecting private partners and examines whether different regulatory frameworks adhere to them. The transparency and fairness of the process, evaluation criteria for bids, and specific provisions regarding lack of competition are major themes in this section. >> Unsolicited proposals for PPPs: This section first defines whether the regulatory framework allows for the submission of unsolicited proposals (USPs). When applicable, it examines whether a specific procedure is in place to evaluate their feasibility and their consistency with other government priorities. In addition, it assesses whether a competitive procedure is required to select the private partner. It also explores what compensation mechanisms are in place for USPs. >> PPP contract management: This section considers the existence of a well- established and comprehensive contract management framework to facilitate smooth implementation of a PPP project. It assesses the monitoring and evaluation systems for PPPs, as well as the regulatory provisions regarding PPP contract modification and renegotiation, dispute resolution, lender step-in rights, and termination. 15 Benchmarking PPP Procurement provides de jure and de facto data: >> De jure data capture the characteristics of laws and regulations encompassing PPP procurement rules, other legal texts of general application, and judicial decisions and administrative rulings setting precedents in the procurement of PPPs. >> De facto data assess actual practice in connection with some of the de jure data points covered in the survey. A subset of relevant regulatory questions is followed by questions that capture the extent to which the legal requirements are respected in practice, according to the survey respondents. A number of questions capture contributors’ perceptions of the time required to complete relevant stages of the PPP procurement process, based on their significant and routine experience in PPP transactions. On the basis of the lessons learned from the pilot exercise released in June 2015, which covered 10 economies, the Benchmarking PPP Procurement team refined the methodology.10 Since its inception, the team has relied on extensive research regarding the latest PPP practices, along with frequent consultations with PPP experts. An extensive review of the academic literature was conducted to identify internationally accepted good practices as well as recognized issues that private operators face when entering into PPP transactions. Concurrently, the team consulted with and was guided by the project’s ECG,11 which includes renowned PPP specialists, academics, and representatives from private organizations. The consultation process, along with the academic literature review, enabled the team to refine the survey instrument, generating a set of questions that measures the good practices and allows for a valid cross-economy analysis. PPP procurement is usually carried out by different levels of government within each economy and is sometimes carried out along sectoral lines. Because of resource considerations, the study has looked at situations in which the procuring authority is national or federal (with two exceptions; figure 1) and has used the transport sector (highways) where sector-specific considerations are assumed (box 1). In addition, Benchmarking Public-Private Partnerships Procurement some economies have separate regimes for concessions (usually defined as user-pays projects) and PPPs (defined as government-pays projects). In such cases (Brazil, France, Senegal, Togo, and the Russian Federation), both regimes were evaluated. 16 Figure 1 Economies covered in Benchmarking PPP Procurement 2017 Cambodia Papua New Guinea East Asia China Philippines and Pacific Indonesia Singapore Malaysia Thailand Mongolia Timor-Leste 12 economies Myanmar Vietnam Albania Moldova Europe Armenia Romania Bosnia and Herzegovina Russian Federation and Central Asia Bulgaria Tajikistan Kazakhstan Turkey Kyrgyz Republic Ukraine 13 economies Lithuania Latin America Argentina Ecuador Nicaragua Brazil Guatemala Panama and Caribbean Colombia Honduras Peru Costa Rica Jamaica Uruguay Dominican Republic Mexico 14 economies Middle East Algeria Lebanon and North Africa Egypt, Arab Rep. Morocco Iraq Tunisia Jordan 7 economies OECD Australia* Canada Korea, Rep. Poland High income Chile Portugal Assessing Government Capability to Prepare, Procure and Manage PPPs France United Kingdom Italy United States ** 10 economies * State of New South Wales ** Commonwealth of Virginia Angola Ghana Senegal Sub-Saharan Benin Kenya South Africa Cameroon Madagascar Tanzania Africa Congo, Dem. Rep. Malawi Togo Congo, Rep. Mauritius Uganda Côte d'Ivoire Mozambique Zambia 20 economies Gabon Nigeria South Asia Afghanistan Nepal Bangladesh Pakistan India Sri Lanka 6 economies Note: Benchmarking PPP Procurement uses the World Bank Group regional and income group classifications, available at http://data.worldbank.org/about/country-and-lending-groups. Regional averages presented in figures and tables in the Benchmarking PPP Procurement 2017 report include economies from all income groups (low, lower middle, upper middle and high income), though high income OECD economies are assigned the “regional” classification OECD high income. PPP = public-private partnership. The scope of the assessment is limited to infrastructure projects developed by procuring authorities at the national or federal level. However, in the cases of Australia and the United States, the study focuses on measuring only the State of New South Wales and the Commonwealth of Virginia, respectively. Source: Benchmarking PPP Procurement 2017 17 Geographic Coverage The pilot exercise conducted in 2015 covered 10 economies: Cameroon, Ghana, Kenya, Nigeria, South Africa, and Tanzania; the Arab Republic of Egypt and Tunisia; and Colombia and Peru. For Benchmarking PPP Procurement 2017, the geographic coverage has been scaled up to cover 82 economies spanning seven World Bank Group Regions: 12 in East Asia and Pacific (EAP), 20 in Sub-Saharan Africa (SSA), 7 in Middle East and North Africa (MENA), 13 in Europe and Central Asia (ECA); 14 in Latin America and the Caribbean (LAC), 6 in South Asia (SAR), and 10 in OECD high income (Organisation for Economic Co- operation and Development) economies (figure 1). The Benchmarking PPP Procurement assessment is based on primary data collected using a standard questionnaire, which was administered to approximately 8,400 contributors in the 82 economies included in this year’s edition. Data collection was conducted until the end of April 2016. Consequently, any legal or regulatory reforms that have taken place after March 31, 2016, are not taken into account in this year’s report. Once the preliminary analysis is completed, a follow-up round is conducted, through conference calls and written correspondence, to address and rectify any discrepancies in the responses provided by the contributors. The preliminary data are then finalized and shared with governments or the World Bank Group’s Country Management Units (CMUs) for validation (figure 2). Figure 2 September-November Survey Development December- Benchmarking Public-Private Partnerships Procurement May-June February Report Writing Survey The cycle of the Administration Benchmarking PPP Procurement 2017 project April March Data Analysis Data Verification Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 18 How Are the Data Collected? Selection of Expert Contributors The questionnaire was completed by practitioners who have a wealth of knowledge related to PPP systems. The main contributors were law firms that have extensive experience advising clients on PPP transactions, laws, and regulations; public officials involved with PPP transactions; chambers of commerce, consultants, and academics familiar with PPPs; and private operators and other PPP experts. Respondents were selected on the basis of their expertise with PPP transactions, as well as their willingness and availability to contribute. The following sources were used to identify the expert contributors: >> International guides identifying leading providers of legal services, including their specialization, in each economy. The guides include Chambers and Partners guides, the International Financial Law Review (IFLR), The Legal 500, Martindale-Hubbell, HG Lawyers’ Global Directory, Who’s Who Legal Directory, Lexadin, and country- specific legal directories. >> Large international law and accounting or consulting firms that have extensive global networks, whether through offices or local partner groups. >> Members of the American Bar Association, country bar associations, chambers of commerce, and other membership organizations. >> Government entities that undertake PPPs, such as ministries of finance, PPP units, and PPP procuring authorities. >> Professional service providers identified through embassy websites, business chambers, and other sources and recommended by World Bank Group staff. Lawyers and professional services providers are in an ideal position to complete the Assessing Government Capability to Prepare, Procure and Manage PPPs survey and provide the most up-to-date information on the basis of their experience advising clients and working on PPP transactions. Involving PPP experts and practitioners from different sectors increases the accuracy of the data by normalizing potential biases held by different stakeholders. Furthermore, reaching out to both the public and the private sectors helps reveal the views and insights of the various stakeholders involved in the PPP procurement process. Standardized Data and Comparability Standardized and comparable data are indispensable for valid cross-economy analysis; this is the core principle of Benchmarking PPP Procurement. The set of questions selected for the questionnaire is sent to all of the economies covered. Furthermore, comparability is achieved through use of standard case-study assumptions, which provide a hypothetical scenario that guides local respondents in completing the questionnaire. Use of a standard case study makes data collection easily replicable and can compensate for deep structural differences that could jeopardize cross-economy comparisons. In addition, the case study can easily be applied to a larger set of economies in cost-efficient manner. 19 Box 1 Case-study assumptions for Benchmarking PPP Procurement • The private partner (the project company) is an SPVa established by a consortium of privately owned firms, which operate in the surveyed economy. • The procuring authority is a national or federal authorityb in the economy that is planning to procure the design, building, financing, operation, and maintenance of, for example, an infrastructure project in the transportation sector (a highway) with an estimated investment value of $150 million (or the equivalent in the relevant economy’s local currency). • To this end, the procuring authority initiates a public call for tenders, following a competitive PPP procurement procedure. The call for tender attracts six bids, including the private partner’s bid. The private partner’s offer is complete and includes all required documents. It is unambiguous and provides a price quotation free from errors on the part of the private partner. • For section D on unsolicited proposals (USPs), before initiating any procurement activities, the procuring authority receives a USP from the consortium of companies to be integrated in the private partner. The special purpose vehicle (SPV)—also known as a special purpose company (SPC) or special purpose a.  entity (SPE), is a company specifically formed to undertake a specific project—in this case, the public- private partnership (PPP) project. Except for the cases of Australia and United States, where most of the PPPs are done at the b.  subnational level. There, the study focuses on measuring only the State of New South Wales and the Commonwealth of Virginia, respectively. Aggregating the Data The Benchmarking PPP Procurement 2017 data are aggregated by thematic area, with the aim of assisting policymakers in evaluating their economies’ PPP frameworks in thematic areas: PPP preparation, PPP procurement, USPs, and PPP contract management. The PPP practices and regulations that are recognized and considered as good practices are the Benchmarking Public-Private Partnerships Procurement only areas that are scored and aggregated at the thematic area level.13 Other data are collected and included in the report for contextual purposes. The scoring methodology (annex 2) allocates an identical weight to all of the benchmarks addressed in the survey. The scores are presented on a range from 0 to 100. The economies at the top of the range (score approaching 100) are considered to have a PPP regulatory framework that closely aligns with internationally recognized good practices. The economies at the bottom of the range (scores closer to 0) have significant room for improvement as they do not adhere closely to international good practices and principles as measured by Benchmarking PPP Procurement. Each economy’s scores for the four thematic areas appear in the “Economy Data Tables” section at the end of this report and should be assessed individually. All of the data points used in aggregating Benchmarking PPP Procurement are identified and made publicly available, along with the other data points, on the project’s website (http://bpp.worldbank.org). 20 A Word of Caution Understanding the data’s scope of coverage is fundamental to its interpretation. In fact, when using this report, readers need to keep in mind both its strengths and its limitations. The project has the major advantage of the comparability of its data across the world’s economies covered by the assessment, thanks to the use of standardized case scenarios with well-specified assumptions. By compiling more than 50 data points in a comparative manner, the report highlights relevant regulatory aspects for governments and firms engaging in PPP projects and helps governments identify well-defined areas of action and design reform agendas. The majority of the data points covered are based on the regulatory framework, which makes them “actionable”—as the law is well within the sphere of influence of policy makers and thus amenable to change. Although this method has the advantage of transparency, it has one inevitable shortcoming: it is not feasible to design a case-study assumption that covers all possible PPP projects across the world’s economies. Moreover, the data used to conduct this exercise were gathered during a specific time frame. This method reflects only the regulatory framework in force and general practice at that point. Data collection for Benchmarking PPP Procurement 2017 closed on March 31, 2016. Consequently, any regulatory reforms enacted and any practice adopted since that date are not taken into account in this year’s edition. Benchmarking PPP Procurement does not cover all the regulatory issues related to PPP procurement. The report does not measure some aspects of PPP frameworks that matter to firms, policy makers, and the overall development of the projects. For example, it does not attempt to capture a number of dimensions, such as macroeconomic stability or the prevalence and perception of corruption in an economy, despite their importance. It is complementary to other activities developed by the multilateral development banks (for example, Infrascope, which provides a broader assessment of the enabling framework for PPPs). Assessing Government Capability to Prepare, Procure and Manage PPPs What’s Next? Improving the methodology is an ongoing process that is highly dependent on continuous consultations, and the team welcomes feedback on the methodology and the results shown in this report. Future expansions of themes covered in the Benchmarking PPP Procurement project may take place. Consideration could be given to including subnational data and collecting data from more than one sector, which is the example reflected in the current case-study assumption. Subject to resource availability, in the next phase the geographic scope of the project could be expanded. This expansion would enhance the illustration of more global experiences from different regions and consequently add value to the dataset and serve a broader audience. 21 Regulatory Framework and Institutional Arrangements for PPPs Benchmarking PPP Procurement collects information on the different types of regulatory frameworks and institutional arrangements for PPPs adopted in each of the 82 economies. The diversity of legal traditions and PPP types shows that there is no single best way to document and give force to a PPP framework. Rather, the right way to establish a PPP depends on the administrative and legal traditions in the jurisdiction and the government’s objectives.14 Therefore, Benchmarking PPP Procurement does not assume that a regulatory framework is better or worse simply because it takes a particular form. This section describes the various approaches taken to establish PPP frameworks and institutional arrangements without scoring them. This information is intended to provide a better understanding of the assessment of the four thematic areas in which data are scored with respect to good practices. PPP Regulatory Framework The type of legal system (common law versus civil law) weighs heavily on the type of PPP regulatory framework that exists in a given economy. Economies with “common law” legal systems tend to rely on policy documents and administrative guidance materials, whereas economies with “civil law” legal systems are more likely to set up a detailed PPP framework in a binding legal document or statute or law, and to spell it out in detailed rules and regulations with legal force. Benchmarking Public-Private Partnerships Procurement Even among economies with similar legal systems, there is a wide range in how PPPs are regulated. In part, this variation arises from the fact that PPPs are seldom regulated exclusively by a single legal document but rather by a set of legal instruments, including laws, regulations, decrees, enacted policies, and guidelines. Furthermore, other laws and regulations, although not exclusively focused on PPPs, might have an impact on them when regulating matters such as land ownership or public financial management. The regulatory framework for PPPs varies from one economy to another, depending on how all these elements are combined.15 From the analysis conducted, it is possible to devise a sort of typology of regulatory frameworks on the basis of how each economy has chosen to regulate PPPs. In addition to its illustrative and descriptive purpose, the presentation of this typology also helps better describe both the scope and some of the limitations of the analysis in the next sections of this report. Annex 1 provides an overview of the typologies of PPP regulatory frameworks adopted in the 82 economies analyzed. Almost half (49 percent) of the economies measured by Benchmarking PPP Procurement have adopted a law or act that specifically regulates PPPs (figure 3). In the sample of economies measured, this form is the most common way of establishing a regulatory 22 framework for PPPs. Even within these economies, there is some heterogeneity in the coverage and name used (for example, the Philippines adopted a Build-Operate- Transfer [BOT] law rather than a PPP law) and even in the hierarchy of the adopted legal instrument (for example, Vietnam regulates PPP through an executive decree rather than a law). In addition, 7 percent of the economies (Cambodia, Chile, Costa Rica, Mongolia, Nicaragua, and Panama) have enacted only concession laws. Figure 3 Type of PPP regulatory framework adopted (percentage, N = 82) Concession and PPP law 15% PPP Guidelines, policies or similar instruments Specific law or act 11% regulating PPPs 49% General Procurement laws 18% Concession law or act exclusively 7% Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 In 15 percent of the economies surveyed, a PPP law coexists with a concession law. In 7 of Assessing Government Capability to Prepare, Procure and Manage PPPs those economies, the PPP law and the concession law are complementary. For example, in Argentina, the PPP law is supplemented by the concession law, which, in turn, is supplemented by the public procurement law. For those seven economies (Argentina, Bosnia and Herzegovina, Bulgaria, Moldova, Poland, Tunisia, and Ukraine), a single analysis has been conducted attending to the provisions of both legal instruments as appropriate. In the other five economies (Brazil, France, Senegal, Togo, and the Russian Federation), however, our contributors expressly distinguished between two regimes, one for PPPs and one for concessions, according to specific features of the contract. For example, in Brazil, for PPPs the government remunerates the private partner for the availability of the infrastructure whereas concessions involve no government payment.16 In France, the differentiation depends on the risk transferred to the private sector, with concessions requiring the transfer of a proportion of the risk that involves real exposure to market fluctuations (but not completely excluding government payments).17 For these five economies, the analysis conducted for the Benchmarking PPP Procurement is disaggregated between concessions and PPPs, providing an understanding of the differences that both regimes entail.18 Instead of adopting a specific PPP or concession law, in 18 percent of the economies PPPs are governed by the general public procurement laws. In some of these economies, PPPs or concessions are specifically mentioned in the law or included as a specific type of contract (for example, the Dominican Republic includes in its public procurement law 23 a specific section on concessions). Finally, 11 percent of the economies mainly regulate PPPs through guidelines, policies, or similar instruments (Australia, Canada, China, India, Jamaica, Malaysia, Singapore, South Africa, and Sri Lanka).19 Not surprisingly, this is mostly the case in common law economies. The distinction between alternative methods for regulating PPPs is sometimes blurry. For example, in the United Kingdom, a large number of provisions detailing the development of PPPs are contained in guidelines and policy documents, but the public procurement law also applies to the procurement procedure. Closely related to the regulatory modality chosen to introduce PPPs in the regulatory framework, some economies impose restrictions on the sector in which PPPs may be used. In some of these cases, as in Chile, there is no formal restriction, but PPPs are not used in a number of sectors (electricity and telecommunications) that are operated completely by the private sector under the regulatory authority of the government. In other cases, private participation in the provision of infrastructure for specific sectors is regulated by the sectoral laws and regulations and is excluded from the application of the general PPP or concession law. This is the case in Colombia, for example, for telecommunications, ports, and public power-generating utilities. Finally, in a few economies, for some activities within an area, use of PPPs is restricted. In Uruguay, whereas the infrastructure for health and education centers can be delivered through PPPs, health services and education services cannot.20 Benchmarking Public-Private Partnerships Procurement 24 Institutional Arrangements Just as PPPs are regulated in different ways, the development of PPPs can take place within different institutional arrangements. A typical consideration when assessing the PPP institutional framework is whether a PPP unit exists. A PPP unit is defined as “any organisation set up with full or partial aid of the government to ensure that necessary capacity to create, support, and evaluate multiple public-private partnerships agreements [is] made available and reside[s] in the government.”21 Given the complexity of PPPs, establishing a PPP unit may support the development of PPPs but in itself is not a guarantee of success. Consequently the analysis does not score an economy on the basis of whether it has not created a PPP unit. Nonetheless, the analysis found that PPP units are common among the surveyed economies, being present in 85 percent of them. The functions and roles of PPP units (figure 4) vary across the economies surveyed. It is particularly interesting that in 16 percent of the economies, the PPP unit not only provides advice to the procuring authorities on the stages of the procurement process but also takes a more active role in the procurement of PPPs. In those cases, a PPP unit can either be exclusively responsible for PPP procurement (as in Honduras, where Coalianza is the only public agency that can procure PPPs)22 or conduct it jointly with the procuring authority (as in the Arab Republic of Egypt).23 Figure 4 Type of PPP institutional arrangement adopted (percentage, N = 82) PPP units with active role No PPP unit in the procurement of PPPs 15% 16% Assessing Government Capability to Prepare, Procure and Manage PPPs PPP units with advising role to the procuring authority 69% Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 25 Thematic Areas Covered and Scored in Benchmarking PPP Procurement 2017 The following sections present the four thematic areas covered in Benchmarking PPP Procurement: preparation, procurement, unsolicited proposals, and contract management. The survey includes questions to assess each of the thematic areas. However, only questions for which there is consensus on good practices are scored. The scoring methodology is presented in annex 2. The exercise relies on a broad interpretation of the term regulatory framework and includes laws, regulations, enacted policies, guidelines, and even case law where appropriate. It also accounts for generally followed practices when contributors confirmed those practices. In sum, the assessment and scoring of the four thematic areas presented in the following sections results from the coverage and soundness of regulations compared with recognized good practices. Preparation of PPPs Before deciding whether to launch a PPP procurement process, procuring authorities need to devote time and resources to ensure that such a choice is justified and that the project is ready for market. This effort includes the identification and appraisal of projects suitable to be developed as PPPs and the structuring and design of a draft PPP contract and approvals. Benchmarking Public-Private Partnerships Procurement This process is crucial to attain properly structured PPP projects that are more likely to both provide value for money to the government and be commercially viable. However, PPPs are often hastily formulated, with little financial means or technical help.24 The dearth of well-prepared PPP projects is one of the main challenges faced by emerging markets in attracting private sector operators and better leveraging private financing. This PPP preparation phase includes several stages, starting with the identification of strategic infrastructure projects that could be developed as PPPs. For this purpose, projects must be identified and prioritized on the basis of an integrated infrastructure plan and rigorous economic cost-benefit analysis. Then feasibility studies should be conducted to ensure that a particular project can succeed as a PPP. Further assessments should be undertaken to inform the structure of the PPP project, including assessing and deciding on the allocation of risks and studying the market’s appetite and capacity to accept them.25 Finally, on the basis of the PPP structure resulting from the appraisal process, the procuring authorities must formulate the documentation required to launch the PPP procurement process, including the draft PPP contract. Within all of this work, it is also important to understand the approval process—in particular whether there is a role for the ministry of finance or other government agencies or ministries that have a cross-cutting mandate. The recognized good practices that emerge during PPP project preparation are summarized in box 2. 26 Box 2 Good practices in the preparation of PPPs Good practices which help ensure that the decision to procure a PPP is justified and that the procuring authority is ready to initiate the procurement process are: • The Ministry of Finance or central budget authority approves the long term financial implications of the project. • The project is assessed and prioritized along with all other public investment projects in the context of the national public investment plans. • The project is adequately justified, on the basis of: > Socioeconomic analysis; > Fiscal affordability assessment; > Financial viability; > Risk assessment; > PPP vs. public procurement comparative assessment; > Market assessment; • The procuring authority prepares a draft PPP contract and includes it in the request for proposals. • The procuring authority has standardized PPP model contracts and/or transaction documents to expedite and guarantee consistency. Note: PPP = public-private partnership. Benchmarking PPP Procurement shows regional and income group differences in the average score for the preparation of PPPs (figure 5). The OECD high income region stands out from the rest of the regions. ECA and SAR regions score just above average and interestingly they are the regions with the lowest intraregional variance. When Assessing Government Capability to Prepare, Procure and Manage PPPs disaggregating the data by income level, there is a clear pattern showing that the lower the income group level, the lower the average scores on project preparation. Figure 5 Preparation of PPPs, score by region and income group (score 1–100) a. Region b. Income group 80 70 60 50 Score 40 30 20 10 0 ECA EAP LAC MENA OECD SAR SSA High Upper Lower Low high income middle middle income income income income Note: EAP = East Asia and Pacific; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; OECD = Organisation for Economic Co-operation and Development; PPP = public-private partnership; SAR = South Asia; SSA = Sub-Saharan Africa. Source: Benchmarking PPP Procurement 2017 27 To assess the extent to which PPP regulatory frameworks in different economies cover the need to conduct this preparatory work before launching a PPP, the Benchmarking PPP Procurement survey inquired about the approval process for PPPs, the process of PPP prioritization, and their appraisal in all relevant dimensions (socioeconomic impact, affordability, value for money of the PPP alternative, commercial viability including bankability, and the like), as well as aspects of the preparation of the PPP draft contract. The survey also included a pilot assessment of the responsibility to obtain the land and permits required to develop and operate a PPP project. Whereas the data gathered offers a rich set of findings across the economies measured, the following subsections briefly detail the study’s results related to approvals, prioritization of PPP projects, and their appraisal. Approval of PPPs The PPP approval process can have an important impact on the quality of project preparation. It is generally accepted that to ensure that a PPP project is fiscally sustainable, the ministry of finance should have a defined role in the approval of PPPs, especially regarding affordability and public commitments.26 The survey did indeed find that many economies align with the recognized good practice of mandating a specific intervention by the ministry of finance or central budgetary authority for the approval of PPP projects prior to the launch of the procurement process. For example, in the Arab Republic of Egypt, the minister of finance is a member of the Supreme Committee for PPP Affairs that approves all PPPs.27 However, 27 percent of the economies do not require such explicit intervention. Furthermore, in 44 percent of the economies, a second approval by the same authorities is also required after the procurement process is completed but before PPP contract is signed to ensure clearance of the process and its outcome. Prioritization of PPP Projects A PPP is a method of infrastructure delivery that is an alternative to conventional procurement. Regardless of how infrastructure projects are procured, they should be Benchmarking Public-Private Partnerships Procurement identified and prioritized in the context of each economy’s public investment planning process.28 As a consequence, PPPs should emerge from this broader public investment planning and project selection process. This process usually involves a socioeconomic analysis and ensures that PPP projects are subject to the same level of scrutiny as any other public investment project. Only later in the process should projects be screened for their potential for implementation through PPPs and further assessment be carried out to determine their viability as PPP projects. Benchmarking PPP Procurement finds that, overall, practices within the economies surveyed leave considerable room for improvement. For instance, in only 23 percent of the economies does the regulatory framework actually detail a procedure for ensuring that the identification and prioritization of PPPs is consistent with public investment priorities (figure 6). In the Philippines, for example, procuring authorities must (a) prepare infrastructure or development programs to identify specific priority projects that may be developed as PPPs; (b) ensure that the list of priority projects is consistent with the Philippine Development Plan, the Provincial Development Plan, and the Physical Framework Plan; and (c) submit the list to the National Economic and Development Authority Board or the Investment Coordination Committee for approval.29 Similarly, in Kenya, the procuring authorities are required to prepare a pipeline of PPP projects in line with their development plans. The PPP pipeline is then submitted for assessment and 28 approval by the PPP Unit, the PPP Committee, and the National Cabinet.30 Peru has an especially precise mechanism for including PPPs in the context of public investments; identifying their importance in national, sectoral, regional, and local priorities; and declaring them to be viable within the scope of the SNIP (National Investment System).31 Figure 6 Consistency between prioritization of PPP projects and public investment priorities (percentage, N = 82) Detailed procedure to ensure PPPs are consistent with public investment priorities Prioritization of PPPs within public investment 23% priorities not regulated 38% No detailed procedure (for example prioritization only required as a matter of principle) 39% PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 In 39 percent of the economies, prioritizing PPPs among other public investment projects is required as a matter of principle or done in practice, but the provisions do not detail a specific process to follow, leaving the implementation of this requirement to the discretion of procuring authorities. For example, in Pakistan, PPP projects are to be Assessing Government Capability to Prepare, Procure and Manage PPPs screened and evaluated, including by the Planning Commission, “to ensure consistency with the Government of Pakistan infrastructure policy/strategy.”32 In the remaining 38 percent, the prioritization of PPPs within public investment priorities is not regulated, and it is not clear how these economies ensure consistency in prioritization between PPPs and their broader investment program. Assessments of PPPs Before deciding to initiate a PPP procurement, the procuring authority needs to answer a set of key questions related to affordability, risk allocation, commercial viability, and value for money to ensure that the PPP option is feasible. Also, this assessment process ensures that all of the critical characteristics of the project are understood by the procuring authorities, enabling them to properly structure the project and design the draft PPP contract.33 To capture the extent to which economies follow this practice, Benchmarking PPP Procurement assesses whether the PPP regulatory framework has included requirements to (a) assess the socioeconomic impact of the project, (b) appraise its affordability, (c) identify and allocate the risks, (d) determine bankability, (e) conduct a comparative assessment with the traditional procurement options, and (f) conduct market assessment. 29 84% Affordability 26% 77% Risk identification 29% Whereas in approximately two-thirds of the economies surveyed there Bankability 83% are legal requirements to conduct assessments 21% of socioeconomic impact, affordability, risk identification, and bankability as well as comparative assessments (figure 77% 7), only about Comparative assessment one-third with traditional of these economies have adopted procurement 32% a specific methodology for conducting such assessments. Although having a legal requirement is usually a first step necessary to 49% Market that ensure these assessments are conducted, establishing assessment a clear methodology is also 11% needed to enable the procuring entity to conduct assessments consistently across projects and to enhance the 10 0 quality 20 reliability and 30 of the 50 40 analysis. 80 70 worst-case 60 In the 90 100 scenario, the lack of a specific methodology Legally might point required or performed either to (a) in practice studies Enacted that are carried out methodology to formally comply with the legal requirements without actually providing the critical information needed for cognizant decision making or (b) a lack of implementation of the legal requirements in place. Figure 7 Assessment during PPP preparation phase (percentage; N = 82) 100 90 88% 84% 83% 80 77% 77% 70 60 Percentage 50 49% 40 33% 30 29% 29% 26% 21% 20 11% 10 0 Socioeconomic Affordability Risk Bankability Comparative Market Benchmarking Public-Private Partnerships Procurement impact identification assessment assessment with traditional procurement Legally required or performed in practice Enacted methodology PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 Of the 82 economies analyzed, the Dominican Republic and Lebanon are the only economies that do not legally require any assessment to be conducted before a PPP is procured. At the other end of the spectrum, Lithuania, the Philippines, South Africa, and Vietnam legally require all the mentioned assessments and also have enacted specific methodologies to conduct those assessments. In 88 percent of the economies, the procuring authorities conduct socioeconomic impact assessments before tendering a PPP project. However, only 29 percent of the economies have developed a specific methodology for how to perform the socioeconomic impact assessment. Uruguay is a good example of an economy with a detailed methodology for a socioeconomic impact assessment: the Planning and Budget Office has made available supporting material and methodological guidelines, including a guide for the design and evaluation of investment projects.34 30 When it comes to affordability assessments, 84 percent of the surveyed economies conduct them, but only 26 percent of the economies have enacted a specific methodology for doing so. In some economies, this assessment is conducted directly by the ministry of finance, as in Cameroon,35 or the PPP unit, as in Argentina,36 or by the procuring authority under the supervision of the ministry of finance, as in Moldova.37 To ensure that long-term commitments are indeed studied, some economies define a fixed period of time to analyze: for example, Timor-Leste requires forecasts of future payments and revenues for the next 25 years.38 In Chile, the Ministry of Finance must keep track and elaborate a yearly report on the contingent liabilities arising from concessions,39 and Colombia has developed a manual on contingent liabilities that contains a methodology for calculating the fiscal impact of PPPs.40 A similar finding applies to risk assessments, which are conducted in 77 percent of the surveyed economies, but only 29 percent of them have adopted a methodology for identifying and allocating risks. Whereas in some economies these methodologies are limited to a list of risks to be assessed, as in the Arab Republic of Egypt,41 others have prepared a more comprehensive risk matrix. This is the case, for example, in the Philippines, where the Generic Preferred Risk Allocation matrix indicates the type of risks to be assessed and also includes definitions, proposed allocations and rationales, possible risk mitigation efforts, and suggested contract provisions.42 Similarly, 83 percent of the economies mandate assessment of the financial viability or bankability of the project. Nevertheless, only 21 percent of the economies follow a specific methodology for assessing the bankability of the PPP project. This is the case, for example, in Colombia, where the National Planning Department and the Ministry of Finance have developed several guides for assessing a project’s bankability.43 Of the 82 economies, 77 percent require a comparative assessment to be conducted between PPP and traditional procurement.However, only 33 percent have enacted a methodology detailing its preparation. In Brazil, the approval to procure a PPP must be based on a study showing the convenience of and opportunity for procuring a PPP by Assessing Government Capability to Prepare, Procure and Manage PPPs identifying the reasons that justify the choice of the form of the PPP.44 Market assessment is the least commonly required appraisal among the surveyed economies. It is conducted in only half of the economies (including 12 percent that do so without a legal requirement), and only 11 percent have a specific methodology. In the Philippines, for example, the PPP Center and the procuring authority must perform a market-sounding process to determine the interest of private sector operators, taking into account different scenarios for revenue and economic growth in the short, medium, and long terms.45 31 PPP Procurement Once all the preparation activities are concluded and a decision is made to deliver an infrastructure project as a PPP, the procuring authorities need to find the right private sector partner to undertake such responsibilities. The selection of the private partner is usually carried out through a public tendering process, applying either general public procurement rules or procurement rules specially adopted for PPPs. Given the magnitude and extent of public resources committed, choosing the right private partner is crucial for the success of a PPP. It is ultimately the private partner’s capacity to innovate and attain efficiency gains that will make it possible for the government to achieve value for money through the PPP. Moreover, the long-term nature of a PPP means that the selection of the private partner will have long-lasting impact. Choosing the right private sector partner will thus enhance the likelihood of creating a trusting relationship with the procuring authority and realizing the promise of a PPP. These same features imply that a PPP procurement will usually last longer and be more complex than a conventional procurement. For example, PPP projects usually require a more thorough evaluation of bidder qualifications and proposals to ensure that they will deliver the expected value for money.46 These longer, more complicated tendering processes increase transaction costs for both the public and the private sector. The procuring authorities should have taken this into account when deciding to use the PPP option, but the higher cost of preparing PPP proposals and participating in PPP procurement processes may deter competition. In addition to the reduction of transaction costs, clarity, fairness, and transparency in the procurement process are basic ingredients to ensure a level playing field for all bidders. To evaluate how economies are conducting PPP procurement processes, Benchmarking PPP Procurement covers a set of relevant items, contrasting each economy’s PPP framework with recognized good practices in this area. The PPP Procurement thematic area explores a range of elements that spread throughout the procurement process, such as bidders’ Benchmarking Public-Private Partnerships Procurement access to procurement-related information, the clarity and comprehensiveness of the procurement documents, the qualification of bid evaluation committee members, the bid selection criteria used, the way governments deal with cases of sole proposals, and the restriction on negotiation during the award phase. The recognized good practices that could be drawn from the areas covered in the procurement of PPP projects are summarized in box 3. Box 3 Good practices in the procurement of PPPs Good practices which help ensure fair competition and transparency during the PPP procurement process are: • The bid evaluation committee members meet minimum technical qualifications; • The procuring authority publishes the public procurement notice online; • The procuring authority grants at least 30 calendars days to potential bidders to submit their proposals; • The tender documents detail all the stages of the procurement process; 32 • Potential bidders can submit questions to clarify the public procurement notice and/ or the request for proposals and the answers are disclosed to all potential bidders; • Bidders prepare and present a financial model with their proposal; • The procuring authority evaluates the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents; • The procuring authority follows a specific procedure in the case that only one proposal is submitted to guarantee value for money; • The procuring authority publishes the award notice online; • The procuring authority provides all bidders with the results of the PPP procurement process including the grounds for the selection of the winning bid; • Any negotiations between the selected bidder and the procuring authority after the award and before the signature of the PPP contract are restricted and regulated to ensure transparency; • The procuring authority publishes the signed PPP contract online. Note: PPP = public-private partnership. Benchmarking PPP Procurement shows regional and income group differences in the average score for the procurement of PPPs (figure 8). The OECD high income region precedes the rest of the regions, followed by ECA and LAC. The EAP region not only has one of the lowest average scores but it displays the greatest intraregional variance. When the data are disaggregated by income level, there is a clear pattern showing that the lower the income group level, the lower the average scores on PPP procurement. Figure 8 PPP procurement, score by region and income group (score 1–100) Assessing Government Capability to Prepare, Procure and Manage PPPs a. Region b. Income group 90 80 70 60 50 Score 40 30 20 10 0 ECA EAP LAC MENA OECD SAR SSA High Upper Lower Low high income middle middle income income income income Note: EAP = East Asia and Pacific; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; OECD = Organisation for Economic Co-operation and Development; PPP = public-private partnership; SAR = South Asia; SSA = Sub-Saharan Africa. Source: Benchmarking PPP Procurement 2017 33 The following paragraphs briefly present the survey findings for a few relevant issues such as the legal period of time granted to potential bidders to submit their bids, handling of sole bidders, access to information throughout the PPP procurement process (publication of the procurement and award notice as well as the PPP contract), and interaction with bidders (box 4). Period of Time Granted to Bidders to Submit Bids Given the complexity of PPP contracts, bidders need to be granted enough time to prepare their proposals once the call for tenders is made public. Short periods for bid preparation may deter potential bidders from participating in the PPP procurement process if it is unlikely that they will be able to carry out the due diligence necessary to prepare high- quality proposals.47 The time granted to present proposals is usually defined on the tender notice or other tender documentation. Regulatory provisions setting a minimum period of time in which to present the proposals ensure that the procuring authorities do not have absolute discretion on the matter, creating a fairer system for all bidders. Under no regulatory constraints, procuring authorities could legally reduce the time granted to prepare proposals in such a way that competition would be discouraged or even intentionally driven out of the PPP procurement process. In 93 percent of the surveyed economies,48 there is either a regulatory provision or a generally followed practice that grant bidders a minimum period of time to prepare and submit their bids (figure 9). That being said, the mere enactment of a legal provision that guarantees a minimum period of time is not enough. In fact, in 23 percent of the economies, the procuring authority still has the discretion to decide how long the period should be, which leads to a lack of predictability for bidders. Figure 9 Time granted to potential bidders to submit their bids (percentage; N = 82) At least No legal requirement 60 calendar days 7% Benchmarking Public-Private Partnerships Procurement 16% No specific time established in the regulatory framework 23% Between 30 and 60 calendar days Less than 44% 30 calendar days 10% Source: Benchmarking PPP Procurement 2017 When such a period is set in the law, it can range from less than 30 calendar days, as in Argentina, Honduras, India, and Lebanon, to 90 days or more, as in Chile, the Republic of Korea, the Philippines, Sri Lanka, Tanzania, Uruguay, and Vietnam. 34 Lack of Competition: Sole-Bidder Scenario Competition is crucial to obtain good value for money from the PPP procurement process. Ultimately, on top of all the assessments conducted during the preparation of a PPP, the potential for success of the project is subject to a final “market test” during the procurement process. As a consequence, receiving only one bid can raise concerns about whether the project is actually suitable as a PPP and whether such a bid will provide the best value for money. As a general rule, “even when only one bid is submitted, the bidding process may be considered valid, if the bid was satisfactorily advertised, the qualification criteria were not unduly restrictive, and prices are reasonable in comparison with market value.”49 However, in theory, depending on the reason for receiving only one bid, there are generally two additional options: (a) retendering, which is recommended when the low turnout is caused by a deficiency in the procurement process itself, or (b) conducting thorough due diligence to ensure that the bidder is in full compliance with the all of the requirements.50 Whatever the approach, receiving a single bid may be problematic and thus merit attention through the PPP regulatory framework. Despite the relevance of this aspect and its potential impact on the result of the PPP procurement process, in half of the economies measured, the PPP regulatory framework does not address this issue at all. For example, in Kenya, Peru, and Senegal, when the procuring authorities receive a sole proposal, they are not required to follow any specific procedure before awarding a PPP contract. Among the economies that address the issue, the Kyrgyz Republic, Madagascar, Tajikistan, Tanzania, and Tunisia do not allow the award of a PPP project when only one proposal is presented, instead automatically requiring retendering. In the majority of the remaining economies, provisions in the PPP legal framework simply state that sole bidders are acceptable as long as all the terms and conditions are met, without specifying further details regulating the matter (figure 10).51 Figure 10 Approach to addressing cases when only one bid is received (percentage; N = 82) Assessing Government Capability to Prepare, Procure and Manage PPPs Regulation provides a detailed process 15% Regulation does not provide a detailed Not regulated process (for example 51% only requires terms and conditions to be met) 29% Retendering is required Source: Benchmarking PPP Procurement 2017 5% Only in 15 percent of the economies is the issue of sole bidders regulated with greater detail.52 In those economies, the law mandates a special procedure that needs to be followed before awarding the PPP project. This is the case, for example, in the Arab Republic of Egypt, where the regulatory framework specifies the conditions and process for accepting sole bids. A single bid may be accepted through a decision by the 35 competent authority based on the recommendation of the bid evaluation committee, after the approval of the Supreme Committee for PPP Affairs, if the public interest does not allow for retendering procedures, or if retendering would be futile, and if the sole bid is technically acceptable and meets the specifications of the tender.53 Similarly, in Nigeria, although the regulatory framework allows for direct negotiation with a sole bidder,54 it requires the procuring authority to ensure that the bid is technically and financially advantageous compared with market prices and to include, in the record of procurement proceedings, a statement of the grounds for its decision and the circumstances justifying the single-source procurement.55 Transparency and Disclosure of PPP Information: Publication of the Award Notice and PPP Contract by the Procuring Authority Transparency in the PPP process may help achieve better value for money by strengthening governance and improving the management of fiscal cost, by producing more sustainable contracts, by reducing the risks of renegotiation, and by resulting in a better understanding of the impact on service delivery.56 It is therefore advisable to establish procedures that ensure the dissemination of the tender notice, disclosure of the outcome of the procurement process, and publication of contract information. Wide publicity about the key decisions of the PPP procurement process ensures openness and fairness and enhances competition. Furthermore, PPP contracts often include provisions that have a direct impact on parties other than the procuring authority and the selected bidder, who have a legitimate interest in being informed about the essential elements of the contract. There is a clear move toward publishing information about PPP tenders and award notices (figure 11), with widespread use of online means of publication. Of the economies that do publish tender notices, only 11 percent do not publish them online. For award notices, 79 percent of the economies make them available online. Ecuador, Lebanon, Mongolia, and a few other economies remain the exception to the rule, as publication of the award notice is neither mandated by law nor a regularly followed practice, which Benchmarking Public-Private Partnerships Procurement makes the final step of the private partner selection less transparent. Figure 11 Access to information during PPP procurement (percentage, N = 82) 1% a. PPP tender notice 93% 6% b. PPP award 74% 17% 9% c. PPP contract 23% 9% 68% 0 20 40 60 80 100 Legal requirement to publish Published in practice (no legal requirement) No publication Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 36 The situation is different when it comes to publication of the PPP contract, which occurs in only 24 percent of the economies. Some, such as Colombia and Portugal, publish the signed PPP contract online in its entirety. However, other economies opt to publish summaries of PPP contracts that present their complex provisions in plain language, making the contracts easier for the public and third parties to read.57,58 Box 4 Interactions with bidders throughout the PPP procurement process After a call for tenders is issued, bidders will prepare proposals that are based on the requirements detailed in the tender documents. During this process, the procuring authorities need to define how and to what extent they will interact with bidders as they prepare their proposals. Rules governing the process and permissible topics for interaction with bidders are usually set in the tender documents, thus safeguarding the transparency and fairness of the procurement process. Interactions between bidders and the procuring authority can range from a mere exchange of information to an interactive dialogue and in-person meetings and conferences. Except in Algeria, the Republic of Congo, Indonesia, Madagascar, Papua New Guinea, Thailand, and Togo, all the economies measured allow interested suppliers to request clarifications about the tender documents (public procurement notices, requests for proposals, and the like). Although the majority of the economies make communication outcomes publicly available, doing so is not required in economies such as Cameroon, the Democratic Republic of Congo, Gabon, Iraq, Mongolia, Ukraine, and Zambia. In some economies, procuring authorities can also use a “competitive dialogue” procedure, which involves more extensive engagements with two or more bidders as they prepare their proposals. In this procedure, bidders submit technical proposals, which are then subject to feedback and discussion with the procuring authority. These discussions allow them to align their proposals with the authority’s needs before they submit a final proposal.a In 45 percent of the surveyed economies, competitive Assessing Government Capability to Prepare, Procure and Manage PPPs dialogue either is allowed by law or takes place in practice. The latter case can be seen in Bangladesh, Canada, Jamaica, Myanmar, and the United States. Even where competitive dialogue is possible, its content and results are not always disclosed to all potential bidders, as in Armenia, Cameroon, Côte d’Ivoire, and the Arab Republic of Egypt, where there are no requirements for such disclosure of information. Interaction with bidders should also be regulated during the period after the award of the contract and before its signature. Negotiations should be broadly restricted and regulated according to international good practices to prevent undermining the competitive tendering process and distorting the criteria by which the proposals were evaluated. In 43 percent of the surveyed economies, the regulatory framework does not restrict or regulate negotiations with the selected bidder in any way during the period between the award and the signature of the PPP contract. In contrast, economies such as Bosnia and Herzegovina forbid such negotiations outright. Between these two approaches some economies expressly regulate negotiations in an effort to ensure fairness for all bidders. In Australia, for example, a negotiation parameters schedule is developed prior to any negotiations. This schedule explains any departures from the commercial principles underpinning the tender documentation.b a. World Bank 2014, section 3.5.4. b. Australia, section 4.4.1, New South Wales PPP Guidelines of 2012. 37 Unsolicited Proposals USPs are an alternative to government-initiated projects. In a USP, a private sector entity approaches the government with a proposal to develop a specific infrastructure project without the government first having identified and assessed the suitability of the project. Private sector companies—generally developers, suppliers, or financiers— fund studies to establish the basic project specifications and then approach the relevant procuring authority to receive approval. There are merits in establishing provisions for considering unsolicited project proposals. Often, such proposals are based on innovative project ideas. By allowing USPs, governments can benefit from the knowledge and ideas of the private sector and can promote innovation. However, in some cases, economies promote the submission and use of USPs precisely because of a lack of experience and capacity in preparing infrastructure projects. As a consequence, the use of USPs does not come without challenges.59 The difficulty rests in getting the right balance between encouraging private companies to submit innovative project ideas without losing the transparency and efficiency gains of a competitive tender process. Key implications to consider are ensuring the consistency of USPs with other government priorities and ensuring competition so that USPs will deliver economically beneficial infrastructure with the greatest possible value for money. Determining how to respond to unsolicited bids so as to both protect transparency in the procurement process and recognize the initiative of the proponent is typically difficult. Economies have approached the challenge of USPs differently. In 32 percent of the economies measured, there are no specific provisions regulating USPs. In theory, this implies that if the private sector had an idea not already contemplated by the public sector, a procuring authority would have to incorporate that idea into its investment pipeline and follow all the procedures required for any other infrastructure project. The lack of regulations may be a consequence of an express desire on the part of the public sector not to use USPs as a source of infrastructure project proposals (this is usually the case in more mature PPP markets such as Canada). In other economies, however, the lack Benchmarking Public-Private Partnerships Procurement of regulations merely indicates that the subject has not been considered yet because the PPP regulatory framework is still nascent. That being said, even in economies that do expressly regulate USPs, public authorities may not encourage their use (as is the case in South Africa). The following analysis is thus limited to the 56 economies that do explicitly regulate USPs. To assess whether the PPP framework provides for sound practices regarding USPs, this section evaluates a set of relevant issues. In particular, it looks at whether USPs are subject to proper evaluation by the public sector before being approved and whether, once approved, a competitive procedure is required to select the private sector partner that will develop the infrastructure. Governments should evaluate USPs to ensure that they are consistent with existing economic priorities. Also, procuring authorities that do not use transparent and competitive procedures to select the final private sector partner when developing a USP run the risk of not achieving the best value for money.60 The recognized good practices in managing USPs are summarized in box 5. 38 Box 5 Good practices in unsolicited proposals of PPPs Good practices to ensure transparency and competition during the procurement of projects originated as USP are: • The procuring authority assesses the merits of the USP and ensures that it is aligned with the government investment priorities. • If the USP is justified, the procuring authority initiates a competitive procurement procedure to select the private partner. • The procuring authority grants at least 90 days to all potential bidders (besides the proponent) to submit their proposals. Note: PPP = public-private partnership; USP = unsolicited proposal. Benchmarking PPP Procurement shows regional and income group differences in the average score for USPs (figure 12). The OECD high income and LAC regions stand out from the rest of the regions. SSA region presents the lowest average score with large score variation among economies within the region, ranging from 17 to 92 points. When the data are disaggregated by income level, there is a clear pattern showing that the lower the income group level, the lower the average scores on USPs. Figure 12 USPs, score by region and income group (score 1–100) a. Region b. Income group 100 90 80 Assessing Government Capability to Prepare, Procure and Manage PPPs 70 60 50 Score 40 30 20 10 0 ECA EAP LAC MENA OECD SAR SSA High Upper Lower Low high income middle middle income income income income Note: EAP = East Asia and Pacific; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; OECD = Organisation for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa; USP = unsolicited proposal. Source: Benchmarking PPP Procurement 2017 The following analysis focuses on the assessment to evaluate USPs and whether there is a competitive procedure when dealing with USPs. In addition, it provides preliminary findings on the use of mechanisms to compensate the original proponent of a USP. 39 Evaluation of Unsolicited Proposals Because USPs do not originate as part of a government planning process, it is not always sufficiently clear whether a USP is in line with an economy’s investment priorities. Moreover, an intense use of USPs could create a situation in which governments, rather than using a planned approach to dealing with infrastructure needs, rely on the private sector to identify those needs.61 Furthermore, most USPs also require government financial support. Consequently, when approving USPs, governments may be in a position in which they are accepting contingent, or even direct, liabilities associated with the project. This is even more problematic in situations in which the private sector may not be sufficiently diligent when assessing the risks that would be borne by the government. If a government fails to adequately evaluate a USP project and the associated risks, it could be left in a precarious position. Proper evaluation of USPs is thus essential to ensure both that they are aligned with the investment needs of an economy and that, if they require public support, they constitute a good use of public resources. All but one of the 56 economies that regulate the submission of USPs conduct an evaluation of such proposals. The exception is Cameroon, where the regulatory framework does not explicitly require the procuring authorities to evaluate USPs. However, provisions regulating the evaluation of USPs do not always address the need to ensure that the project is consistent with government priorities. This is the case of 32 percent of the economies, including Bosnia and Herzegovina, Kazakhstan, Malawi, Pakistan, and Papua New Guinea. Although 66 percent of the economies do require USPs to be consistent with existing priorities, only 21 percent of them have established detailed procedures for evaluating USPs. Figure 13 shows the prevalence of different approaches to evaluating USPs among the 56 economies that regulate them. Figure 13 Approaches to evaluation of USPs (percentage, N = 56) Evaluation not required Consistency evaluated Consistency required 2% Benchmarking Public-Private Partnerships Procurement in practice with a detailed framework 22% 21% Evaluation conducted in practice 32% Evaluation of USP Evaluation conducted, including assessment of consistency with 57% government priorities Consistency required as a principle 66% Note: USP = unsolicited proposal. Source: Benchmarking PPP Procurement 2017 Given the merits that USPs often have and recognizing the risks associated with them, some governments have developed systems for their evaluation. In Nigeria, for example, there are detailed provisions related to the evaluation of a USP and its alignment with 40 government priorities. The USP is submitted to and reviewed by the relevant ministry, department or agency, which is required to review the proposal to ensure that it meets criteria, such as whether the project serves the public interest. Following its review, it forwards the proposal to the Infrastructure Concession Regulatory Commission (ICRC) for review and issuance of a finding of “no objection” to evaluating whether the proposal is satisfactory.62 Similarly, in Uganda, the contracting authority is required to evaluate USPs in terms of “the unique innovative, researched, or meritorious methods, approaches, or concepts demonstrated in the unsolicited proposal, overall scientific, technical, or socioeconomic merit of the unsolicited proposal.” Furthermore, the procuring authority also examines the potential contribution of the USP to the strategic objectives in the government’s development plan. In short, this obliges the contracting authority in Uganda to identify whether the proposal fits these strategic objectives.63 Competitive Bidding and Minimum Time Limits Having a competitive procedure increases the likelihood of obtaining better value for money from a USP project. In addition, having a clear competitive mechanism in place when dealing with USPs enhances the transparency of the process and helps governments mitigate pressures from the private sector and special interests to accept a USP. In fact, much of the controversy about USPs stems from governments granting exclusive development rights to private proponents without a transparent tendering process. The lack of a transparent, competitive process could lead to corruption and, thus, the development of projects of questionable quality. Moreover, it could lead to complaints if other parties feel that a private company is unfairly benefiting from a PPP, which will in turn lead to a loss of future trust and support for PPPs in an economy.64 In addition to being given access to a competitive procedure, other potential bidders should be provided an adequate amount of time to prepare and submit their proposals. A short time limit for submitting proposals could deter other private sector parties from Assessing Government Capability to Prepare, Procure and Manage PPPs submitting bids. The original proponent of the USP would have an advantage in such a case, because it had enough time to conduct proper due diligence when preparing the USP. A tight deadline therefore deters other parties from participating, hence distorting competition and, thus, potentially reducing the obtained value for money. Of the economies that regulate the use of USPs, only 2 do not require a competitive procedure for procuring them: Kenya and Vietnam (figure 14). 56 percent guarantee a minimum legal period of time for the submission of proposals. However, the duration of this period of time varies widely, from a mere 15 days in China to 180 in Colombia. There is no clear consensus as to what constitutes a reasonable period of time to allocate to additional bidders. However, the literature and procurement experts argue that a period of 60 days or less is unlikely to provide additional proponents with enough time to conduct the necessary due diligence and come up with a high-quality proposal.65 41 Figure 14 Time granted to additional bidders in competitive procurements triggered by USPs (percentage, N = 56) Competitive procurement 4% not required No minimum time granted 34% Minimum time granted 7% but not specified Less than 30 days 7% 30 to 59 days 29% 60 to 89 days 7% At least 90 days 13% 0 5 10 15 20 25 30 35 40 Note: USP = unsolicited proposal. Source: Benchmarking PPP Procurement 2017 Some economies have rules specifically governing the competitive tendering of a USP, while others prescribe that once a USP is approved, the procuring authority must follow the regular open competitive procedure. In Peru, for example, once a USP is accepted, the procuring authority provides potential new bidders with a period of 90 calendar days to submit expressions of interest in developing the project. After the 90-day period elapses, if other parties are interested in bidding for the project, the procuring authority initiates a competitive PPP procurement procedure; otherwise, it carries out direct negotiations with the original proponent.66 Similarly, in Jamaica, potential additional bidders are given 90 days to submit bids after a USP has been accepted,67 In contrast, in Albania, the minimum time provided to bidders interested in USPs or government-initiated projects Benchmarking Public-Private Partnerships Procurement is the same, because USPs approved by the procuring authorities are governed by the same competitive procedure as government-initiated projects. Thus, regardless of the origin, when concessions for public works are tendered, the deadline for submission of offers is not less than 30 days from the date of publication of the procurement notice.68 Mechanisms for Compensating the Original Proponent The most effective way to deal with USPs is to use an open and transparent competitive process.69 However, because the original proponent incurs costs in the preparation of a USP, the lack of an appropriate compensation mechanism may deter the submission of USPs should a competitive solicitation be required. Having such compensatory mechanisms in place encourages the private sector to approach the government with proposals that are not advertised.70 For instance, if proponents know that they will be reimbursed for developing the proposal, which can be costly, they are more likely to come forward with a proposal. Yet if the reimbursement fees are overly generous, firms could potentially come up with frivolous proposals. As for USPs in general, currently there is no clear consensus as to whether compensation mechanisms should be used at all. Consequently, the data collected by the Benchmarking PPP Procurement project are used merely for contextual purposes, to advance the understanding of the use of these 42 instruments worldwide. Currently, four main mechanisms are used to compensate USP developers: (a) access to the best and final offer (ABFO)71 in 7 percent of the economies, (b) developer’s fee72 in 36 percent of the economies, (c) bid bonus73 in 29 percent of the economies, and (d) Swiss challenge74 in 21 percent of the economies. The developer’s fee remains the most commonly employed mechanism, followed by the bid bonus system and the Swiss challenge system (figure 15). Figure 15 Use of mechanisms to compensate USP original proponent (percentage, N = 56) Access to the best 7% and final offer Developer’s fee 36% Bid bonus 29% Swiss challenge 21% No compensation 32% mechanisms 0 5 10 15 20 25 30 35 40 Note: USP = unsolicited proposal. Source: Benchmarking PPP Procurement 2017 Assessing Government Capability to Prepare, Procure and Manage PPPs 43 PPP Contract Management There can be a tendency to consider that once the PPP contract is signed and the financial close reached, the main task is completed. In reality, however, the signature of the PPP contract and financial close mark the beginning of the implementation of the project. It is in fact the success of this implementation that will determine whether the project delivers the expected value for money. As a consequence, it is absolutely key to establish a sound PPP contract management system to oversee the implementation of the PPP contract. Given the long-term nature of PPPs, adequate preparation and procurement alone do not guarantee success. Well-established contract management systems are necessary to provide for a sustained, smooth implementation process. In this sense, PPP contracts should be designed to anticipate and regulate as many as possible of the circumstances that could arise during the life of the project. Moreover, the PPP contract should also put in place contract management tools to address unexpected circumstances.75 A sound PPP contract management system not only supports a smoother implementation of the project but also embodies the legitimate expectations of the parties and helps ensure that they are met. To assess whether enough attention is devoted to the PPP contract management stage, this section considers the extent to which regulatory frameworks and generally followed practices establish adequate oversight mechanisms and ensure that the PPP contract is as comprehensive as possible. With that goal, it measures aspects such as monitoring and evaluation mechanisms for PPPs, changes to the structure of the private operator and renegotiation of the PPP contract, and dispute resolution mechanisms, as well as contract features such as lenders’ step-in rights and termination and its consequences. Recognized good practices applicable during the PPP contract management are summarized in box 6. Benchmarking Public-Private Partnerships Procurement Box 6 Good practices in PPP contract management Good practices to ensure a successful implementation and delivery of the PPP project are: • The procuring authority establishes a system to manage the implementation of the PPP contract including establishing a PPP contract management team, involving some of its members in the project since the procurement stage, offering the possibility to consult PPP procurement experts and adopting PPP implementation manuals; • Monitoring and evaluation systems of the PPP contract are established with risk mitigation mechanisms and performance information is made publicly available; • Potential changes in the structure of the private partner are expressly regulated requiring the replacing entity to be at least as qualified as the original private partner; • Modification and renegotiation of the contract are expressly regulated to reduce incentives to use it strategically by either the private partner or the procuring authority; 44 • Specific circumstances (force majeure, material adverse government action, change in the law, refinancing) that may arise during the life of the contract are expressly regulated; • Dispute resolution mechanisms are in place allowing the parties to resolve discrepancies in an efficient and satisfactory manner; • Lenders are given step-in rights in cases when the private partner is in risk of default or if the PPP contract is under threat of termination for failure to meet service obligations. • Grounds for termination of the PPP contract and its associated consequences are well defined. Note: PPP = public-private partnership. Benchmarking PPP Procurement findings show regional and income group differences in the average score for PPP contract management (figure 16). The OECD high income region leads in this area, followed by the LAC region. Contract management scores vary from 0 to 88 points over all 82 economies with EAP region presenting the largest intraregional variation. When the data are disaggregated by income level, there is a clear pattern showing that, when it comes to contract management, the lower the income group level is, the lower the average scores are. Figure 16 PPP contract management, score by region and income group a. Region b. Income group 80 70 60 Assessing Government Capability to Prepare, Procure and Manage PPPs 50 Score 40 30 20 10 0 ECA EAP LAC MENA OECD SAR SSA High Upper Lower Low high income middle middle income income income income Note: EAP = East Asia and Pacific; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; OECD = Organisation for Economic Co-operation and Development; PPP = public-private partnership; SAR = South Asia; SSA = Sub-Saharan Africa. Source: Benchmarking PPP Procurement 2017 The following summary of the findings focuses on monitoring and evaluation tools, renegotiation of PPPs, dispute resolution mechanisms for PPPs, and lenders’ step-in rights (box 7). 45 Monitoring and Evaluation Systems Given the prolonged engagement typical of PPP projects, the government’s ability to monitor the project during the construction and operation phase is critical. The procuring or regulatory authority needs to ensure, by regularly monitoring outputs and service standards, that the private party meets its obligations under the PPP contract. This means monitoring actual performance against the performance indicators established in the contract.76 Doing so enables better delivery of services and ensures that the government is obtaining the best value for money through the contract. 93 percent of the surveyed economies address the need to monitor the PPP contract during implementation.77 In a number of them, the regulatory framework calls for the establishment of teams to monitor PPP contract performance. In Colombia, implementation of the PPP contract is supervised by two authorities: an auditor (which is a third party in charge of overseeing the contract’s development directly) and a contract management team (which acts as a supervisor of the contract within the procuring authority).78 In other economies, such as Costa Rica and Ecuador,79 although the need for monitoring and evaluation of PPPs is acknowledged, no explicit institutional arrangement is established for conducting the monitoring and evaluation.80 Regarding the specific monitoring and evaluation mechanisms in place, as shown in figure 17, in 73 percent of the 82 economies, the procuring authority must periodically gather information about the performance of the PPP. To further promote transparency in the PPP contract execution and to increase the accountability of both parties for the contract, operational and financial data as well as performance information should be made available to the public. Brazil, Mexico, and the Republic of Korea are among a small sample of economies (16 percent) that mandate such publication. Figure 17 Legal requirements for specific monitoring and evaluation mechanisms (percentage; N = 82) The private partner must provide Benchmarking Public-Private Partnerships Procurement 60% periodic operational and financial data The procuring authority must periodically gather information on the 73% performance of the PPP contract Risk mitigation mechanism exists 17% Performance information 16% is available to the public 0 10 20 30 40 50 60 70 80 Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 Another tool for monitoring the performance of the contract is the establishment of risk mitigation mechanisms.81 Like the publication of information, the use of such a mechanism remains isolated. In only 17 percent of the economies does the regulatory 46 framework address the need to establish a risk mitigation mechanism. This is the case, for example in Australia (in New South Wales), where the law clearly states that “as risk is a dynamic concept, contract management must evolve with the delivery of the contracted services throughout the project lifecycle.”82 Renegotiation or Modification of the PPP Contract Given the long-term nature of PPP contracts, changes in circumstances underlying their execution are not uncommon. Although adjustment provisions provide the flexibility that a PPP contract may require as a result of unforeseen changes in circumstances, sometimes renegotiation may be the only avenue available to avoid a major disruption in contract execution. The term renegotiation refers to changes in the contractual provisions other than through an adjustment mechanism provided for in the contract.83 Renegotiation may have a positive impact when it addresses the intrinsically imperfect nature of PPP contracts.84 Nonetheless, to the extent possible, the use of renegotiation should be minimized, since it may become an opportunistic tool, leading to negative consequences.85 Finally, renegotiations may affect the contract in a way to render it materially different in character. In such cases, renegotiation should be precluded. The economies measured have handled the issue of renegotiating PPP contracts differently (figure 18). Of the 82 economies, more than three quarters regulate, to some extent, the renegotiation or modification of PPP contracts. Despite the potential impact of this matter, regulatory frameworks in economies such as Algeria, Lebanon, Malawi, and Myanmar remain silent on it.86 Among the economies that address the renegotiation of PPP contracts in their regulatory framework, 10 percent consider it a contractual issue, leaving the parties to further regulate it in the contract. Such is the case, for example, in Benin, Turkey, and Zambia. In the remaining economies, some provisions are in place regarding PPP renegotiation. Among these particular provisions, there are requirements for specific approvals beyond the procuring authorities (27 percent of the economies), restrictions on Assessing Government Capability to Prepare, Procure and Manage PPPs changing the scope of the PPP contract (33 percent of the economies), and restrictions on changing the risk allocations of the PPP contract (21 percent of the economies). Figure 18 Approach to address renegotiation of contracts (percentage, N = 82) Approvals required beyond the procuring authority 27% Restrictions on scope changes 33% Restrictions on 21% risk allocation changes Regulated in PPP contract 10% No regulatory provision 21% 0 5 10 15 20 25 30 35 Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 47 Among the economies that require specific approvals by authorities other than the procuring authorities, such authorities range from general governmental entities, such as ministries of finance,87 treasury boards,88 and the cabinet,89 to specialized PPP agencies, such as the PPP technical committee in Tanzania and the National Committee for PPPs in Senegal. When it comes to what amendments to the contract are allowed, Australia, Brazil, Bulgaria, Canada, France, the United Kingdom, and 11 other economies limit changes that affect the risk allocation of the PPP contract as well as other amendments that may be considered a “substantial” change.90 In the United Kingdom, for example, the regulatory framework specifies the conditions in which a change to the contract is deemed “substantial.” The general rule is that if substantial modifications are made, a new procurement process may be required. However, in cases where the modification results from circumstances that the procuring authority could not have foreseen, does not change the overall nature of the contract, and increases the price by no more than 50 percent of the original contract value, then the modification is not deemed to require a new procurement procedure. The South African regulations also stipulate that the Treasury will approve a material amendment only if it is satisfied that the PPP agreement, if so amended, will continue to provide substantial technical, operational, and financial risk transfer to the private party.91 Dispute Settlement Mechanisms The provisions discussing dispute resolution mechanisms are intended to prevent the need for renegotiation by allowing changes to be made and problems to be resolved within the framework provided by the contract. Given that the stakes are high in PPP projects, investors, contractors, and lenders will be more encouraged to participate in projects in economies where they have confidence that any disputes arising out of PPP contractual obligations will be resolved fairly and efficiently.92 Similarly, effective procedures for avoiding disputes or settling them expeditiously will facilitate the exercise of the contracting authority’s monitoring functions and reduce the contracting Benchmarking Public-Private Partnerships Procurement authority’s overall administrative cost.93 As shown in figure 19, 15 percent of the economies do not make any reference to dispute settlement mechanisms in their PPP regulatory frameworks.94 Among the economies that explicitly address dispute resolution mechanisms, the majority (58 percent) make only a general reference to the need to establish a dispute resolution system in the contract without further specification, whereas others either offer the parties the choice of having recourse to arbitration or impose a specific dispute resolution mechanism that applies to all PPP contracts. 48 Figure 19 Dispute resolution mechanisms for PPPs (percentage; N = 82) Regulatory framework does NOT address dispute Recourse Specific dispute resolution for PPPs to arbitration resolution mechanism 15% 15% 27% Regulatory framework addresses dispute resolution for PPPs 58% Dispute resolution mechanism 85% to be regulated in the contract Note: PPP = public-private partnership. Source: Benchmarking PPP Procurement 2017 Chile is an example of the general approach: the regulatory framework identifies a technical panel for reviewing disputes, yet resort to this panel requires the parties’ mutual consent.95 In Guatemala, the law stipulates the creation of an ad hoc commission for the resolution of disputes arising from the execution of PPP contracts.96 In Uruguay, regulations explicitly establish that for the settlement of disputes arising in connection with the application, interpretation, execution, performance, and termination of PPP contracts, the parties shall have recourse to arbitration.97 The same is true in Pakistan, where the law requires parties to have recourse to arbitration, while leaving the details of the dispute resolution mechanism to the discretion of the parties. Assessing Government Capability to Prepare, Procure and Manage PPPs Box 7 Lenders’ step-in rights Lenders’ step-in rights allow the lenders to select, with the consent of the procuring authority, a new concessionaire to perform an ongoing PPP project in cases when the initial private partner is at risk of default. This instrument provides lenders with additional security against default by the private partner, and it improves their capacity to act as external guarantors of performance on the PPP project. At the same time, it provides the procuring authority with an opportunity to avoid the disruption entailed by terminating the project agreement, thus maintaining continuity of service. Despite its potential relevance, lender’s step-in rights are rarely addressed by PPP regulatory frameworks. More than half of the surveyed economies (42) do not have any provision in this respect. In only 13 economies (Brazil, Chile, Colombia, India, Italy, Mongolia, Morocco, the Philippines, Tajikistan, Tunisia, Uruguay, Vietnam and Zambia), does the PPP regulatory framework establish the lender’s step-in right in the legislation. In the remaining economies, the regulatory framework either defers to the contract to regulate that matter or refers to the need to reach a direct agreement with the lenders. 49 Economy Data Tables Only practices and regulations that are recognized good practices are scored and aggregated by thematic areas.98 Therefore, not all of the data collected by the Benchmarking PPP Procurement team is scored; other data are included in the report as well as published on the project’s website for contextual purposes. The scoring methodology allocates an identical weight to all of the benchmarks addressed in the assessment. The scores are presented on a range from 0 to 100. The economies at the top of the range (score approaching 100) are considered to have a PPP regulatory framework that closely aligns with internationally recognized good practices. At the other end, the economies at the bottom of the range (scores closer to 0) have significant room for improvement because they do not adhere as closely to the international good practices and principles measured by Benchmarking PPP Procurement. Table 1 lists the areas measured. The economy data tables present each economy’s scores for all four thematic areas covered: preparation of PPPs, procurement of PPPs, USPs, and contract management. All of the data points employed in aggregating the Benchmarking PPP Procurement thematic areas are publicly available, along with all the other data points, on the project’s website (http://bpp.worldbank.org). Benchmarking Public-Private Partnerships Procurement 50 Table 1 Areas assessed by Benchmarking PPP Procurement 2017 Contract management Preparation of PPPs Procurement of PPPs USPs and termination of PPPs Approval by the ministry Composition of the PPP Evaluation of USPs PPP contract management of finance or central evaluation committee system budgetary authority Integration of PPP within Publication of the PPP Consistency of USPs PPP contract monitoring the broader context of procurement notice with other government and evaluation system public investment priorities Assessment of PPP Legal minimum period of Requirement for Change in the structure of feasibility: Socioeconomic time granted to prepare competitive procedure to the SPV impact PPP bids award USPs Assessment of PPP Detail of the PPP Legal minimum period of Modification or feasibility: Affordability procurement process time granted to prepare renegotiation of PPPs stages in the tender alternative proposals documents Assessment of PPP Inclusion in the Regulation of force feasibility: Risk tender documents majeure, material adverse identification of prequalification government change, criteria (when there is change in the law, )prequalification refinancing Assessment of PPP Questions, clarifications, Establishment of a feasibility: Bankability and disclosure of answers specific dispute resolution mechanism Assessment of PPP Inclusion of financial Lender’s step-in rights feasibility: Comparative model in the proposals assessment (PPP versus Assessing Government Capability to Prepare, Procure and Manage PPPs )traditional procurement Assessment of PPP Evaluation according to Grounds for and feasibility: Market evaluation criteria stated consequences of PPP assessment in tender documents contract termination Inclusion of draft PPP Treatment of sole contract in the request for proposals proposal Standardization of PPP Publication of the PPP contracts award notice Notification to all bidders of the results of the PPP procurement process Regulation or restriction of negotiations between the award and the signature of the PPP contract Publication of the PPP contract Note: PPP = public-private partnership; SPV = special purpose vehicle; USP = unsolicited proposal. 51 South Asia GNI per Capita (in USD) Afghanistan $630 21 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 26 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms No Lenders step-in right No 52 Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Albania $4,290 67 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 78 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 30 calendar days 55 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 53 MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) Algeria $4,870 21 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 18 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 27 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No Grounds for termination of a PPP contract No 54 Sub-Saharan Africa GNI per Capita (in USD) Angola $4,180 50 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 58 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 20 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 48 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Refinancing Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 55 Grounds for termination of a PPP contract No LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Argentina $14,510 17 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 73 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 20 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 20 calendar days 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 56 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Armenia $3,880 38 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 40 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 0 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system No Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms No Lenders step-in right No Grounds for termination of a PPP contract No 57 OECD HIGH INCOME GNI per Capita (in USD) Australia $60,070 79 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 90 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes No specific period of time regulated 80 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time; Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes Specific dispute resolution mechanism established 58 Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated South Asia GNI per Capita (in USD) Bangladesh $1,190 63 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 40 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes No specific period of time regulated 34 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No Grounds for termination of a PPP contract No 59 Sub-Saharan Africa GNI per Capita (in USD) Benin $860 31 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 41 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes Lenders step-in right No 60 Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Bosnia AND Herzegovina $4,680 58 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 41 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated 61 LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Brazil (ConcessionS) $9,850 27 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 77 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract 62 Lenders step-in right Yes Expressly regulated Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Brazil (PPP) $9,850 52 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 88 PPP Contract Management System to manage the implementation of the PPP contract Yes PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Expressly regulated 63 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Bulgaria $7,220 46 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 93 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 52 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 52 calendar days 68 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes 64 Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Cambodia $1,070 8 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 20 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) No Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice No Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 69 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly 65 regulated Sub-Saharan Africa GNI per Capita (in USD) Cameroon $1,330 46 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 45 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) No Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 17 Unsolicited Proposals Assessment to evaluate unsolicited proposals No Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 52 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly 66 regulated OECD HIGH INCOME GNI per Capita (in USD) Canada $47,500 92 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 93 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 63 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private partner Yes Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes 67 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated OECD HIGH INCOME GNI per Capita (in USD) Chile $14,060 69 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 83 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 83 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 60 calendar days 87 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time; Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes Expressly regulated 68 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) China $7,820 54 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 20 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 15 calendar days 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private partner No Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 69 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Colombia $7,130 88 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 92 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 180 calendar days 66 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms No Lenders step-in right Yes Expressly regulated 70 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Congo, DEM. REP $410 15 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 28 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 13 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system No Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Lenders step-in right No Grounds for termination of a PPP contract No 71 Sub-Saharan Africa GNI per Capita (in USD) Congo, Rep. $2,540 21 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 45 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 17 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Lenders step-in right No Grounds for termination of a PPP contract No 72 LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Costa Rica $10,210 54 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 68 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 83 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 71 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time; Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Refinancing Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right No 73 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Côte D’Ivoire $1,410 54 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 78 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Not available online 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 49 PPP Contract Management System to manage the implementation of the PPP contract Yes Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 74 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Dominican Republic $6,130 21 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 90 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 60 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 60 calendar days 43 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private partner No Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination not expressly 75 regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Ecuador $6,010 33 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 20 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes No specific period of time regulated 36 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination not expressly 76 regulated MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) EGYPT, ARAB REP. $3,340 71 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 73 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination not expressly 77 regulated OECD HIGH INCOME GNI per Capita (in USD) France (ConcessionS) $40,580 25 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification Yes No specific methodology developed Financial viability assessment No PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Not available online USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 61 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes 78 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated OECD HIGH INCOME GNI per Capita (in USD) France (PPP) $40,580 65 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Not available online USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 68 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes 79 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Gabon $9,210 17 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 25 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) No Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria No Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 52 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 80 Sub-Saharan Africa GNI per Capita (in USD) Ghana $1,480 46 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 43 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 22 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms No Lenders step-in right No Grounds for termination of a PPP contract No 81 LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Guatemala $3,590 46 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 60 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 48 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes To be regulated by the contract 82 Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Honduras $2,270 58 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 65 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 17 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 30 calendar days 46 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right No Grounds for termination of a PPP contract No 83 South Asia GNI per Capita (in USD) India $1,590 73 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 28 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 73 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time; Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes Expressly regulated 84 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Indonesia $3,440 50 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 70 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 61 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes To be regulated by the contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 85 MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) Iraq $5,550 4 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 48 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 40 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system No Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 86 OECD HIGH INCOME GNI per Capita (in USD) Italy $32,790 71 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 52 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 83 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 52 calendar days 77 PPP Contract Management System to manage the implementation of the PPP contract Yes PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes Expressly regulated 87 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Jamaica $5,010 67 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 55 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Not available online 100 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 90 calendar days 27 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts Monitoring and evaluation system Yes The procuring authority gathers info; risk mitigation mechanisms; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private partner No Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms No 88 Lenders step-in right No Grounds for termination of a PPP contract No MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) Jordan $4,680 29 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 78 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 43 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private partner No Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 89 Grounds for termination of a PPP contract No EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Kazakhstan $11,580 56 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private partner Yes Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination not expressly 90 regulated Sub-Saharan Africa GNI per Capita (in USD) Kenya $1,340 67 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 65 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 25 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP No Minimum period of time to submit the bids (>=90 days) No 52 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes To be regulated by the contract Grounds for termination of a PPP contract No 91 OECD HIGH INCOME GNI per Capita (in USD) Korea, REP. $27,440 83 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 78 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 92 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 90 calendar days 71 PPP Contract Management System to manage the implementation of the PPP contract Yes Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Refinancing Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No 92 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Kyrgyz REPUBLIC $1,170 50 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment No PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 30 calendar days 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 93 MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) Lebanon $7,930 0 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 30 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes 15 calendar days Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice No Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 17 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system No Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms No Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 94 EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Lithuania $15,000 96 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 52 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 52 calendar days 74 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law; Refinancing Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Direct agreement to be signed 95 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Madagascar $420 25 Preparation of PPPs Central Budgetary Authority's approval Yes Only before contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 30 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Not available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Not available online 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 47 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 96 Sub-Saharan Africa GNI per Capita (in USD) Malawi $350 65 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 35 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 26 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Refinancing Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract No 97 EAST ASIA AND PACIFIC GNI per Capita (in USD) Malaysia $10,570 46 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 43 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 24 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms No Lenders step-in right No Grounds for termination of a PPP contract No 98 Sub-Saharan Africa GNI per Capita (in USD) Mauritius $9,610 77 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 68 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 42 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 52 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly 99 regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Mexico $9,710 75 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 87 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 30 calendar days 87 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes Specific dispute resolution mechanism established 100 Lenders step-in right Yes To be regulated by the contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Moldova $2,220 63 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 78 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 60 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 52 PPP Contract Management System to manage the implementation of the PPP contract Yes Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 101 EAST ASIA AND PACIFIC GNI per Capita (in USD) Mongolia $3,830 27 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 58 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 60 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 60 calendar days 69 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Expressly regulated 102 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) Morocco $3,040 44 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 40 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 40 calendar days 66 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Expressly regulated Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 103 Sub-Saharan Africa GNI per Capita (in USD) Mozambique $580 50 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment No Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 73 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 21 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 60 PPP Contract Management System to manage the implementation of the PPP contract Yes Consultation with PPP procurement experts Monitoring and evaluation system Yes The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 104 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Myanmar $1,293 2 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 40 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 25 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract Yes Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract No 105 South Asia GNI per Capita (in USD) Nepal $730 46 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 59 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private partner No Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Specific dispute resolution mechanism established 106 Lenders step-in right Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Nicaragua $1,940 8 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 20 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system No Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms No Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 107 Sub-Saharan Africa GNI per Capita (in USD) Nigeria $2,820 46 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 42 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 83 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 30 calendar days 40 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract No 108 South Asia GNI per Capita (in USD) Pakistan $1,440 67 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 55 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 25 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 25 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right No Grounds for termination of a PPP contract No 109 LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Panama $12,050 17 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 68 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 40 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 47 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms No Lenders step-in right Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 110 EAST ASIA AND PACIFIC GNI per Capita (in USD) Papua New Guinea $2,112 38 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification Yes No specific methodology developed Financial viability assessment No PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 0 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority No Minimum period of time to submit the bids (>=30 days) No Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria No Procedure when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 0 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system No Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) No Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms No Lenders step-in right No Grounds for termination of a PPP contract No 111 LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Peru $6,200 83 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 70 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 100 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 150 calendar days 76 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes To be regulated by the contract 112 Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Philippines $3,540 96 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 67 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 60 calendar days 84 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time; Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Expressly regulated 113 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated OECD HIGH INCOME GNI per Capita (in USD) Poland $13,370 52 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 47 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 43 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly 114 regulated OECD HIGH INCOME GNI per Capita (in USD) Portugal $20,530 54 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 83 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 47 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online Unsolicited Proposals USP NOT REGULATED Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 69 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms No Lenders step-in right Yes To be regulated by the contract 115 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Romania $9,500 35 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 52 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 51 PPP Contract Management System to manage the implementation of the PPP contract Yes PPP implementation manual Monitoring and evaluation system Yes The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 116 EUROPE AND CENTRAL ASIA GNI per Capita (in USD) RussiaN FEDERATION (ConcessionS) $11,400 10 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 73 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 63 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated 117 EUROPE AND CENTRAL ASIA GNI per Capita (in USD) RussiaN FEDERATION (PPP) $11,400 46 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment No PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 41 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law Dispute resolution mechanisms No Lenders step-in right No 118 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Senegal (Concessions) $1,000 25 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 50 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 45 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right No 119 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Senegal (PPP) $1,000 50 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment No Risk identification Yes No specific methodology developed Financial viability assessment No PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 58 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Not available online 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 54 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Lenders step-in right Yes To be regulated by the contract 120 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Singapore $52,090 58 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 40 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 64 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes To be regulated by the contract 121 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) South Africa $6,050 96 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 21 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 75 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 21 calendar days 79 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes To be regulated by the contract 122 Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated South Asia GNI per Capita (in USD) Sri Lanka $3,800 33 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 78 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 92 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 90 calendar days 40 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right No Grounds for termination of a PPP contract No 123 EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Tajikistan $1,240 38 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 75 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 20 calendar days 66 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Material adverse government action; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Expressly regulated 124 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Sub-Saharan Africa GNI per Capita (in USD) Tanzania $910 50 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 92 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 90 calendar days 44 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly 125 regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Thailand $5,620 54 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 60 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 57 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private partner Yes Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Lenders step-in right No 126 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Timor-Leste $1,920 33 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 70 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 43 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right No 127 Grounds for termination of a PPP contract No Sub-Saharan Africa GNI per Capita (in USD) Togo (ConcessionS) $540 17 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment No Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 60 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes To be regulated by the contract Grounds for termination of a PPP contract Yes Consequences of termination expressly 128 regulated Sub-Saharan Africa GNI per Capita (in USD) Togo (PPP) $540 4 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk identification No Financial viability assessment No PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 18 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) No Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals No Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 33 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 46 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes To be regulated by the contract Grounds for termination of a PPP contract No 129 MIDDLE EAST AND NORTH AFRICA GNI per Capita (in USD) Tunisia $3,970 33 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification No Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents No 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 65 PPP Contract Management System to manage the implementation of the PPP contract Yes Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the investment plan or duration of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes To be regulated by the contract 130 Lenders step-in right Yes Expressly regulated Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Turkey $9,950 46 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals No Standardized PPP model contracts and/or transaction documents Yes 63 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 45 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 49 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right Yes Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated 131 Sub-Saharan Africa GNI per Capita (in USD) Uganda $670 46 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 43 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications not regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) No Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Inclusion of grounds for selection not regulated Regulation of negotiations with the selected bidder before contract signing No Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) No 68 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Refinancing Dispute resolution mechanisms Yes To be regulated by the contract 132 Lenders step-in right Yes To be regulated by the contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EUROPE AND CENTRAL ASIA GNI per Capita (in USD) Ukraine $2,620 67 Preparation of PPPs Central Budgetary Authority's approval Yes Only before tendering PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 80 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 30 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal No Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing No Publication of contract Yes Available online 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 30 calendar days 39 PPP Contract Management System to manage the implementation of the PPP contract No Monitoring and evaluation system Yes The private partner provides periodic info Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Material adverse government action; Change in the law Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right No Grounds for termination of a PPP contract Yes Consequences of termination expressly 133 regulated OECD HIGH INCOME GNI per Capita (in USD) United Kingdom $43,340 96 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents Yes 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 35 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No USP NOT REGULATED Unsolicited Proposals Assessment to evaluate unsolicited proposals Competitive PPP procurement procedure for USP Minimum period of time to submit the bids (>=90 days) 82 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Limitation to change the structure of the private partner partner during an initial period of time; Same qualifications legally required for the replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract; Limitation to change in risk allocation Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action; Change in the law; Refinancing Dispute resolution mechanisms Yes Specific dispute resolution mechanism established 134 Lenders step-in right Yes Direct agreement to be signed Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated OECD HIGH INCOME GNI per Capita (in USD) United States $54,960 71 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 83 Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 60 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Available online 100 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 120 calendar days 43 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Participation of contract management team on PPP procurement process; Consultation with PPP procurement experts; PPP implementation manual Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info; risk mitigation mechanisms Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract No Dispute resolution mechanisms Yes Lenders step-in right Yes 135 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated LATIN AMERICA AND CARIBBEAN GNI per Capita (in USD) Uruguay $15,720 69 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes No specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 74 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 58 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes 45 calendar days 74 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes The private partner provides periodic info; The procuring authority gathers info Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes Same qualifications legally required for the partner replacing entity Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Limitation to change the scope and/or object of the contract Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Material adverse government action Dispute resolution mechanisms Yes Recourse to arbitration Lenders step-in right Yes Expressly regulated 136 Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated EAST ASIA AND PACIFIC GNI per Capita (in USD) Vietnam $1,980 75 Preparation of PPPs Central Budgetary Authority's approval No PPP’s prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk identification Yes Specific methodology developed Financial viability assessment Yes Specific methodology developed PPP vs. Public Procurement comparative assessment Yes Specific methodology developed Market assessment Yes Specific methodology developed Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 85 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Available online Minimum period of time to submit the bids (>=30 days) Yes 90 calendar days Tender documents detail the stages of the procurement process Yes Clarification questions for procurement notice and/or the request for proposals Yes Answers are publicly disclosed Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received Yes Detailed procedure not regulated Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Includes grounds for selection Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract No 42 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities evaluated Competitive PPP procurement procedure for USP No Minimum period of time to submit the bids (>=90 days) 58 PPP Contract Management System to manage the implementation of the PPP contract Yes Contract management team; Consultation with PPP procurement experts Monitoring and evaluation system Yes PPP performance info available online Regulation of a change in the structure (i.e. stakeholder composition) of the private No partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure ; Change in the law Dispute resolution mechanisms Yes Specific dispute resolution mechanism established Lenders step-in right Yes Expressly regulated Grounds for termination of a PPP contract Yes Consequences of termination not expressly regulated 137 Sub-Saharan Africa GNI per Capita (in USD) Zambia $1,490 40 Preparation of PPPs Central Budgetary Authority's approval Yes Both before tendering and contract signature PPP’s prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk identification Yes No specific methodology developed Financial viability assessment Yes No specific methodology developed PPP vs. Public Procurement comparative assessment Yes No specific methodology developed Market assessment No Draft PPP contract included in the request for proposals Yes Standardized PPP model contracts and/or transaction documents No 50 Procurement of PPPs Evaluation committee members required to meet specific qualifications Yes Detailed membership and/or qualifications regulated Public procurement notice of the PPP issued by procuring authority Yes Not available online Minimum period of time to submit the bids (>=30 days) Yes No specific period of time regulated Tender documents detail the stages of the procurement process No Clarification questions for procurement notice and/or the request for proposals Yes Disclosure of answers not regulated Financial model submitted with proposal Yes Proposals strictly and solely evaluated in accordance with published evaluation criteria Yes Procedure when only one proposal is received No Publication of award notice Yes Not available online Notification of the result of the PPP procurement process No Regulation of negotiations with the selected bidder before contract signing Yes Publication of contract Yes Not available online 50 Unsolicited Proposals Assessment to evaluate unsolicited proposals Yes Consistency with government priorities not regulated Competitive PPP procurement procedure for USP Yes Minimum period of time to submit the bids (>=90 days) Yes No specific period of time regulated 63 PPP Contract Management System to manage the implementation of the PPP contract Yes Monitoring and evaluation system Yes Regulation of a change in the structure (i.e. stakeholder composition) of the private Yes partner Regulation of modification/renegotiation of the PPP contract (once the contract is signed) Yes Regulation of circumstances that may occur during the life of the PPP contract Yes Force majeure; Change in the law Dispute resolution mechanisms Yes To be regulated by the contract Lenders step-in right Yes Expressly regulated Grounds for termination of a PPP contract Yes Consequences of termination expressly 138 regulated Annex 1 Typology of PPP Regulatory Framework Economy Typology of PPP regulatory frameworka Afghanistan Public procurement law (with specific provisions) Albania PPP law Algeria Public procurement law (with specific provisions) Angola PPP law Argentina PPP and concession law Armenia PPP law Australia PPP guidelines Bangladesh PPP law Benin Public procurement law Bosnia and Herzegovina PPP and concession law Brazil PPP and concession law (two regimes) Bulgaria PPP and concession law Cambodia Concession law Cameroon PPP law Canada PPP guidelines Chile Concession law (other concession laws for specific sectors) China PPP guidelines Colombia PPP law Congo, Dem. Rep. Public procurement law (plus law with tax incentives for PPPs) Congo, Rep. Public procurement law Costa Rica Concession law (other concession laws for specific sectors) Côte d’Ivoire PPP law (by decree) Dominican Republic Public procurement law (with specific provisions) Assessing Government Capability to Prepare, Procure and Manage PPPs Ecuador PPP law Egypt, Arab Rep. PPP law (concession laws for specific sectors) France PPP and concession law (two regimes) Gabon PPP law Ghana Public procurement law Guatemala PPP law Honduras PPP law India PPP guidelines Indonesia PPP law (by regulation) Iraq Public procurement law Italy Public procurement law Jamaica PPP guidelines Jordan PPP law Kazakhstan PPP law Kenya PPP law Korea, Rep. PPP law Kyrgyz Republic PPP law Lebanon Public procurement law Lithuania Public procurement law (concession law not applicable to the case study) 139 Economy Typology of PPP regulatory frameworka Madagascar PPP law Malawi PPP law Malaysia PPP guidelines Mauritius PPP law Mexico PPP law (concession laws for specific sectors) Moldova PPP and concession law Mongolia Concession law Morocco PPP law Mozambique PPP law Myanmar Public procurement law Nepal PPP law Nicaragua Concession law Nigeria PPP law (plus PPP guidelines) Pakistan Public procurement law Panama Concession law Papua New Guinea PPP law Peru PPP law Philippines PPP law (BOT law) Poland PPP and concession law Portugal PPP law Romania Public procurement law (PPP law for institutional joint ventures) Russian Federation PPP and concession law (two regimes) Senegal PPP and concession law (two regimes) Singapore PPP guidelines South Africa PPP guidelines Benchmarking Public-Private Partnerships Procurement Sri Lanka PPP guidelines Tajikistan PPP law Tanzania PPP law Thailand PPP law Timor-Leste PPP law Togo PPP and concession law (two regimes) Tunisia PPP and concession law Turkey PPP law (different BOT laws for different sectors) Uganda PPP law Ukraine PPP and concession law United Kingdom Public procurement law (plus PPP guidelines) United States PPP law Uruguay PPP law Vietnam PPP law (by decree) Zambia PPP law Note: BOT = build-operate-transfer; PPP = public-private partnership. Typology of PPP regulatory framework refers to the most specific legal or policy instruments regulating the development of a a.  140 PPP as defined by the case study. However, other relevant laws and regulations might also apply. The complete description of the regulatory framework assessed for each economy is available on the project’s website (http://bpp.worldbank.org). Annex 2 Scoring Methodology Thematic Area What is measured How it is scored Preparation The Ministry of Finance or Central A score of 1 if yes based on a regulatory provision. Budgetary Authority approves the PPP of PPPs project before launching the procurement A score of 0.5 if yes based on a recognized practice. process. A second approval by the Ministry of A score of 1 if yes based on a regulatory provision. Finance or Central Budgetary Authority is A score of 0.5 if yes based on a recognized practice. required before signing the PPP contract. Prioritization of PPP projects with all other A score of 1 if yes based on a regulatory provision. public investment projects (e.g. in the A score of 0.5 if yes based on a recognized practice. context of a national public investment system). Procedure to ensure consistency of PPPs A score of 1 if specific procedures are detailed in the with other public investment priorities. regulatory framework. A score of 0.5 if consistency is required only as a general principle. Socio-economic analysis (cost-benefit A score of 1 if required and a specific methodology analysis of the socio-economic impact of developed. the project). A score of 0.5 if required but no specific methodology developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology enacted. Affordability assessment, including the A score of 1 if required and a specific methodology developed identification of the required long term A score of 0.5 if required but no specific methodology public commitments (explicit and implicit). developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology enacted. Risk identification, allocation and A score of 1 if required and a specific methodology assessment (risk matrix). developed. A score of 0.5 if required but no specific methodology Assessing Government Capability to Prepare, Procure and Manage PPPs developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology enacted. Financial viability or bankability assessment. A score of 1 if required and a specific methodology developed. A score of 0.5 if required but no specific methodology developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology enacted. Comparative assessment to evaluate A score of 1 if required and a specific methodology whether PPP is the best option as compared developed. with other procurement strategies. A score of 0.5 if required but no specific methodology developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology enacted. Market assessment (showing evidence A score of 1 if required and a specific methodology of enough interest on the market for the developed. project). A score of 0.5 if required but no specific methodology developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology enacted. Draft PPP contract included in the request A score of 1 if yes based on a regulatory provision. for proposals. A score of 0.5 if yes based on a recognized practice. Standardized PPP model contracts and/or A score of 1 if yes based on a regulatory provision. transaction documents developed. A score of 0.5 if yes based on a recognized practice. 141 Thematic Area What is measured How it is scored Procurement Bid evaluation committee members are A score of 1 if yes based on a regulatory provision. required to meet specific qualifications. of PPPs A score of 0.5 if yes based on a recognized practice. The procuring authority issues a public A score of 1 if yes based on a regulatory provision. procurement notice of the PPP. A score of 0.5 if yes based on a recognized practice. PPP public procurement notice is published A score of 0.5 if yes. online. The procuring authority grants potential A score of 1 if yes based on a regulatory provision. bidders a minimum period of time to A score of 0.5 if yes based on a recognized practice. submit their bids. Legally required minimum period of time in A score of 1 if the legally required minimum period of time is calendar days. at least 60 calendar days. A score of 0.5 if the legally required minimum period of time is at least 30 calendar days. The tender documents detail the stages of A score of 1 if yes based on a regulatory provision. the procurement process. A score of 0.5 if yes based on a recognized practice. If there is a pre-qualification stage, A score of 1 if yes based on a regulatory provision. the tender documents specify the A score of 0.5 if yes based on a recognized practice. prequalification criteria in order to make them available to all of the bidders. Interested parties/potential bidders can A score of 1 if yes based on a regulatory provision. submit questions to clarify the public A score of 0.5 if yes based on a recognized practice. procurement notice and/or the request for proposals. The procuring authority discloses those A score of 1 if yes based on a regulatory provision. questions and clarifications to all of the A score of 0.5 if yes based on a recognized practice. potential bidders. The procuring authority requires the bidders A score of 1 if yes based on a regulatory provision. to prepare and present a financial model A score of 0.5 if yes based on a recognized practice. with their proposals. The procuring authority evaluates the A score of 1 if yes based on a regulatory provision. proposals strictly and solely in accordance A score of 0.5 if yes based on a recognized practice. with the evaluation criteria stated in the Benchmarking Public-Private Partnerships Procurement tender documents. When only one proposal is submitted (sole A score of 1 if yes based on a regulatory provision. proposals), the procuring authority follows A score of 0.5 if yes based on a recognized practice. a special procedure before awarding the PPP. Special procedure before awarding the PPP A score of 1 if specific procedures are detailed in the in the case of sole proposals. regulatory framework. A score of 0.5 if sole proposals are considered valid as long as they meet the conditions outlined in the tender documents. The procuring authority publishes the A score of 1 if yes based on a regulatory provision. award notice A score of 0.5 if yes based on a recognized practice. The public procurement award notice is A score of 1 if yes. published online. The procuring authority provides all A score of 1 if yes based on a regulatory provision. the bidders with the result of the PPP A score of 0.5 if yes based on a recognized practice. procurement process. The notification of the result of the PPP A score of 1 if yes based on a regulatory provision. procurement process includes the grounds A score of 0.5 if yes based on a recognized practice. for the selection of the winning bid. The regulatory framework either restricts A score of 1 if yes based on a regulatory provision. or regulates negotiations with the selected A score of 0.5 if yes based on a recognized practice. bidder between the award and the signature of the PPP contract. 142 Thematic Area What is measured How it is scored Procurement of The procuring authority publishes the PPP A score of 1 if yes based on a regulatory provision. contract. PPPs (cont’d) A score of 0.5 if yes based on a recognized practice. The PPP contract is published online. A score of 1 if yes. The procuring authority conducts an A score of 1 if yes based on a regulatory provision. assessment to evaluate unsolicited A score of 0.5 if yes based on a recognized practice. proposals. The evaluation assessment ensures that the A score of 1 if yes based on a regulatory provision. unsolicited proposal is consistent with the A score of 0.5 if yes based on a recognized practice. existing government priorities. Evaluation of unsolicited proposals against A score of 1 if specific procedures are detailed in the existing government priorities regulatory framework. A score of 0.5 if the regulatory framework sets a goal without establishing specific procedures to achieve it. The procuring authority initiates a A score of 1 if yes based on a regulatory provision. competitive PPP procurement procedure A score of 0.5 if yes based on a recognized practice. when proceeding with the unsolicited proposal. The procuring authority grants a minimum A score of 1 if yes based on a regulatory provision. period of time to additional prospective A score of 0.5 if yes based on a recognized practice. bidders (besides the proponent) to prepare their proposals. Legally required minimum period of time in A score of 1 if the legally required minimum period of time is calendar days. at least 90 calendar days. A score of 0.5 if the legally required minimum period of time Assessing Government Capability to Prepare, Procure and Manage PPPs is at least 60 calendar days. 143 Thematic Area What is measured How it is scored PPP Contract The procuring or contract management A score of 1 if yes based on a regulatory provision. authority establishes a system to manage Management the implementation of the PPP contract. A score of 0.5 if yes based on a recognized practice. PPP management tools. A score of 0.25 if a regulatory provision includes the establishment of a PPP contract team. A score of 0.125 if the establishment of a PPP contract team occurs as a recognized practice. A score of 0.25 if a regulatory provision includes the participation of the members of the PPP contract management team in the PPP procurement process. A score of 0.125 if that participation occurs as a recognized practice. A score of 0.25 if a regulatory provision includes the possibility to consult with PPP procurement experts when managing the PPP contract. A score of 0.125 if that consultation occurs as a recognized practice. A score of 0.25 if a regulatory provision includes the elaboration of a PPP implementation manual or an equivalent document. A score of 0.125 if that a manual or equivalent document is elaborated as a recognized practice. The procuring or contract management A score of 1 if yes based on a regulatory provision. authority establishes a system to manage A score of 0.5 if yes based on a recognized practice. the implementation of the PPP contract. Mechanisms included in the PPP contract’s A score of 0.25 if a regulatory provision mandates the private monitoring and evaluation system. partner to provide periodic operational and financial data. A score of 0.125 if provision of such data occurs as a recognized practice. A score of 0.25 if a regulatory provision mandates the procuring or contract management authority to periodically gather information on the performance of the PPP contract. A score of 0.125 if the periodical gathering of information occurs as a recognized practice. Benchmarking Public-Private Partnerships Procurement A score of 0.25 if a regulatory provision mandates the procuring or contract management authority to establish a risk mitigation mechanism. A score of 0.125 if the establishment of the risk mitigation mechanism occurs as a recognized practice. A score of 0.25 if a regulatory provision mandates the availability of the PPP contract performance information to the public. A score of 0.125 if the PPP contract performance information is available to the public as a recognized practice. The PPP contract performance information A score of 1 if yes. is publicly available online on a specific website. The regulatory framework expressly A score of 1 if yes based on a regulatory provision. regulates a change in the structure (i.e. A score of 0.5 if yes based on a recognized practice. stakeholder composition) of the private partner. The circumstances that are specifically A score of 0.5 if any change in the private partner during regulated. an initial period is regulated (e.g. construction and first five years of operation). A score of 0.5 if a change affecting the controlling interest requires the replacing entity to meet the same technical qualifications as the original operator. 144 Thematic Area What is measured How it is scored PPP Contract The regulatory framework expressly A score of 1 if yes based on a regulatory provision. regulates the modification or renegotiation Management of the PPP contract (once the contract is A score of 0.5 if yes based on a recognized practice. (cont’d) signed). The circumstances that are specifically A score of 0.33 if a change in the scope and/or object of the regulated. contract is regulated. A score of 0.33 if a change in the risk allocation of the contract is regulated. A score of 0.33 if a change in the investment plan or duration of the contract is regulated. The regulatory framework expressly A score of 0.25 if force majeure is regulated. regulates one (or more) circumstances A score of 0.25 if material adverse government action is that may occur during the life of the PPP regulated. contract. A score of 0.25 if change in the law is regulated. A score of 0.25 if refinancing is regulated. The regulatory framework establishes a A score of 1 if yes based on a regulatory provision. specific dispute resolution mechanism for A score of 0.5 if yes based on a recognized practice. PPPs. The dispute resolution mechanism for PPPs. A score of 1 if a regulatory provision details specific dispute resolution mechanisms. A score of 0.5 if a dispute resolution mechanism is required to be regulated in the contract. A score of 0.5 if arbitration is the only recourse available The regulatory framework allows the A score of 1 if yes based on a regulatory provision. lenders to take control of the PPP project A score of 0.5 if yes based on a recognized practice. (lender step-in right) if either the private Assessing Government Capability to Prepare, Procure and Manage PPPs partner defaults or if the PPP contract is under threat of termination for failure to meet service obligations. Lender’s step-in rights. A score of 1 if they are expressly regulated by the regulatory framework. A score of 0.5 if they are required to be regulated in the contract. A score of 0.5 if a direct agreement is required to be signed with the lenders. The regulatory framework expressly A score of 1 if yes based on a regulatory provision. establishes the grounds for termination of a A score of 0.5 if yes based on a recognized practice. PPP contract. The regulatory framework also establishes A score of 1 if yes based on a regulatory provision. the consequences for the termination of the A score of 0.5 if yes based on a recognized practice. PPP contract. 145 References Calderón, César, and Luis Servén. 2004. “The Effects of Infrastructure Development on Growth and Income Distribution.” Policy Research Working Paper 3400, World Bank, Washington, DC. ———. 2008. “Infrastructure and Economic Development in Sub-Saharan Africa.” Policy Research Working Paper 4712, World Bank, Washington, DC. ———. 2010. “Infrastructure in Latin America.” Policy Research Working Paper 5317, World Bank, Washington, DC. Delmon, Jeffrey. 2011. Public-Private Partnership Projects in Infrastructure: An Essential Guide for Policy Makers. Cambridge, U.K., and New York: Cambridge University Press. Estache, Antonio, and Stéphane Saussier. 2014. “Public-Private Partnerships and Efficiency: A Short Assessment.” DICE Report 12 (3): 8–13. EPEC (European PPP Expertise Centre). 2011. The Guide to Guidance: How to Prepare, Procure, and Deliver PPP Projects. Luxembourg: EPEC. Farquharson, Edward, Clemencia Torres de Mästle, and E. R. Yescombe, with Javier Encinas. 2011. How to Engage with the Private Sector in Public-Private Partnerships in Emerging Markets. Washington, DC: World Bank. Guasch, J. Luis. 2004. Granting and Renegotiating Infrastructure Concessions: Doing It Right. Washington, DC: World Bank. Hodges, John T., and Georgina Dellacha. 2007. “Unsolicited Infrastructure Proposals: How Some Countries Introduce Competition and Transparency.” Working Paper 1, Public-Private Infrastructure Advisory Facility, Washington, DC. Benchmarking Public-Private Partnerships Procurement ICC (Investment Coordination Committee). 2014. “Note on the Generic Preferred Risk Allocation Matrix (GPRAM).” National Economic and Development Authority, Manila. http://www.neda.gov.ph/wp-content/uploads/2015/01/Generic- Preferred-Risk-Allocation-Matrix.pdf. OECD (Organisation for Economic Co-operation and Development). 2010.“Dedicated Public-Private Partnership Units: A Survey of Institutional and Governance Structures. Paris: OECD. ———. 2012. “Recommendation of the Council on Principles for Public Governance of Public-Private Partnerships.” Public Governance Committee, Paris. http://acts.oecd.org/Instruments/ShowInstrumentView. aspx?InstrumentID=275&Lang=en&Book=False. OPP (Office of Planning and Budget). 2014. “Guía para la formulación y evaluación de proyectos de inversión: Sistema nacional de inversión pública” (Guide for the Design and Evaluation of Investment Projects: National Public Investment System). Montevideo, Uruguay. http://www.opp.gub.uy/images/guia_snip.pdf. 146 Project Management Institute. 2001. A Guide to the Project Management Body of Knowledge (PMBOK Guide). 4th ed. Newtown Square, PA: Project Management Institute Reeves, Eoin, Dónal Palcic, and Darragh Flannery. 2013. “Are We There Yet? The Length of the Tendering Period under PPP in Ireland.” Department of Economics Working Paper WP012013, University of Limerick, Limerick, Ireland. Straub, Stéphane. 2008. “Infrastructure and Growth in Developing Countries.” Policy Research Working Paper 4460, World Bank, Washington, DC. UNCITRAL (United Nations Commission on International Trade Law). 2001. UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. New York: United Nations. https://www.uncitral.org/pdf/english/texts/procurem/pfip/guide/ pfip-e.pdf. World Bank. 2010. “Guidelines Procurement under IBRD Loans and IDA Credits.” Washington, DC. http://siteresources.worldbank.org/INTPROCUREMENT/ Resources/ProcGuid-10-06-RevMay10-ev2.doc ———. 2012. “Unsolicited Proposals.” PPIAF Note 6, Washington, DC, World Bank. http://www.ppiaf.org/sites/ppiaf.org/files/documents/Note-Six-Unsolicited- Proposals.pdf. ———. 2013. Disclosure of Project and Contract Information in Public-Private Partnerships, Washington, DC: World Bank. Assessing Government Capability to Prepare, Procure and Manage PPPs ———. 2014. Public-Private Partnership Reference Guide 2.0. Washington, DC: World Bank. http://documents.worldbank.org/curated/en/600511468336720455/ Public-private-partnerships-reference-guide-version-2-0. ———. 2016. The State of PPPs: Infrastructure Public-Private Partnerships in Emerging Markets & Developing Economies 1991–2015. Washington, DC: World Bank. Yescombe, E. R. 2013. “PPPs and Project Finance.” In The Routledge Companion to Public- Private Partnerships, edited by Piet de Vries and Etienne B. Yehoue, 227–46. Abingdon, Oxon, U.K., and New York: Routledge. Yong, H. Kim, ed. 2010. Public-Private Partnerships Policy and Practice: A Reference Guide. London: Commonwealth Secretariat. 147 Endnotes 1 For information about the BPP project, see its website at http://bpp.worldbank.org. 2 World Bank 2014. 3 Straub 2008; Calderón and Servén 2004, 2008, 2010. 4 The infrastructure gap is defined as the difference between what is invested in infrastructure and what is needed to achieve the economy’s development goals. 5 World Bank 2016. 6 As defined by the World Bank PPP CCSA. 7 World Bank 2016. 8 Estache and Saussier 2014. 9 See, for instance, Yescombe 2013; Yong 2010; EPEC 2011. 10 In 2015, the Benchmarking PPP Procurement project was successfully piloted in 10 economies: Cameroon, Colombia, the Arab Republic of Egypt, Ghana, Kenya, Nigeria, Peru, South Africa, Tanzania, and Tunisia. The report can be found at the Benchmarking PPP Procurement website (http://bpp.worldbank.org/ reports) and the PPP Knowledge Lab website (http://www.pppknowledgelab.org). 11 The ECG comprises leading PPP legal experts and other PPP practitioners from many organizations, among them the World Bank Group, including both the World Bank and International Finance Corporation; the Organisation for Economic Co-operation and Development; the Inter-American Development Bank; the Asian Development Bank; the Islamic Development Bank; The George Washington University; American University; Georgetown University; the University of Central Florida; and the Maxwell School of Public Administration. 12 The selection criteria for identifying the 82 economies were (a) economies covered in the pilot assessment, (b) economies with active PPP markets (measured by number of projects reaching financial close in the preceding 10 years according to the World Bank’s Private Participation in Infrastructure Database http://ppi.worldbank.org), (c) economies with ongoing work programs on PPPs with the World Bank Group, (d) Public-Private Infrastructure Advisory Facility priority economies, (e) priority economies Benchmarking Public-Private Partnerships Procurement identified by other multilateral development banks, and (f) economies covered by the Benchmarking PPP Procurement initiative, which makes it possible to tap into the existing network of contributors and increase the survey response rate. 13 Points are awarded on the basis of whether something is done in practice, as well as whether that practice is codified in the law. More points are awarded to an economy if the practice is codified in law. This approach rewards economies that systematically codify their rules and practices. 14 See the APMG Public-Private Partnership (PPP) Certification Guide website at https://ppp-certification. com/sites/default/files/documents/Chapter-2-Establishing-a-PPP-Framework.pdf. 15 Yong 2010, 32. 16 Brazil, article 2, Law no. 11,079/2004 (PPP law). 17 France, article 5, Ordinance no. 2016-65, dated January 29, 2016. 18 When referring to the number of economies following or not following specific practices in the stages of the PPP procurement cycle, counting of these five economies will be based on the practices and regulatory frameworks for PPPs in the strictest sense. Noticeable differences from the framework for concessions will be presented throughout the text when relevant. 19 In these economies, PPP guidelines constitute the most specific source of guidance for the development of PPP projects. Other relevant laws and regulations might also apply if they are in place (for example, public procurement laws, public financial management laws, and so on). 148 20 Uruguay, article 3, Law 18.786, adopted July 19, 2011. 21 OECD 2010, 11. 22 Honduras, article 13 of Legislative Decree 143 of 2010, the Public-Private Partnership Promotion Law. 23 Arab Republic of Egypt, article 16, Law no. 67 of 2010 regulating Partnership with the Private Sector in Infrastructure Projects, Services, and Public Utilities, and article 2, PPP Executive Regulations of Law no. 67 of 2010, issued in Prime Ministerial Decree no. 238 of 2011. 24 Delmon 2011. 25 Ibid. 26 OECD 2012. 27 Arab Republic of Egypt, articles 14 and 15(e), Law no. 67 of 2010 promulgating the Law Regulating Partnership with the Private Sector in Infrastructure Projects, Services, and Public Utilities, and articles 3 and 4, PPP Executive Regulations of Law no. 67 of 2010, issued in Prime Ministerial Decree no. 238 of 2011. 28 World Bank 2014, section 2.3.1. 29 Philippines, section 2.3, BOT Law, Act no. (RA) 6957, “An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector and for Other Purposes,” as amended by RA 7718. 30 Kenya, sections 2, 24, and 25, Public Private Partnerships Act no. 15 of 2013. 31 Peru, article 7.1, Legislative Decree no. 1012, published on May 13, 2008, as modified by Law no. 30167, published on March 2, 2014. The legislation approves the framework law of PPPs for the generation of employment and dictates rules for expediting the private investment promotion processes. 32 Pakistan, section K.i.a., Public Procurement Policy as approved by the Economic Coordination Committee of the Cabinet, dated January 26, 2010. 33 World Bank 2014, box 3.3. 34 For a guide to the design and evaluation of investment projects, see OPP (2014). Assessing Government Capability to Prepare, Procure and Manage PPPs 35 Cameroon, section 8, Decree no. 2008/0115. 36 Argentina, article 13, Decree no. 967/2005. 37 In Moldova, according to section 28 of Government Resolution no. 476, if the PPP project is initiated by the government in such a way that implementation requires the participation of the state budget, the feasibility study is submitted to the Ministry of Finance for examination and assessment of project sustainability. 38 Timor-Leste, article 8, Decree Law no. 42/2012 of September 7, 2012, as amended by Decree Law no. 2/2014 of January 15, 2014, regulating the Legal Regime on Public-Private Partnerships. 39 Chile, article 40, Financial Management Law, D.L. no. 1.263 de 1975. 40 The text of the manual is available at http://www.minhacienda.gov.co/HomeMinhacienda/ ShowProperty?nodeId=%2FOCS%2FMIG_6047857.PDF%2F%2FidcPrimaryFile&revision=latestreleased. 41 Chapter 1, section 2, of the Arab Republic of Egypt’s PPP Guidelines on the PPP Structure. 42 ICC 2014. 43 For examples, see the guides at the following websites: https://colaboracion.dnp.gov.co/CDT/ Participacin%20privada%20en%20proyectos%20de%20infraestructu/Guia%20de%20APP%20%20 Capitulo%203%202016.pdf and https://www.dnp.gov.co/programas/participación-privada-%20y-en- proyectos-de-infraestructura/asociaciones-publico-privadas/Paginas/guias-app.aspx. 44 Brazil, article 10.I, General Law for Public-Private Partnerships, Federal Law no. 11,079 of 2004. 149 45 Philippines, section 4.5(d), PPP Governing Board Policy Circular no. 01-2015. 46 Reeves, Palcic, and Flannery 2013. 47 World Bank 2010. 48 No provision regulates this matter for PPPs in Cambodia, Cameroon, Gabon, Papua New Guinea, Togo, and Uganda. 49 World Bank 2004. 50 EPEC 2011. 51 For example, Argentina, Armenia, Bulgaria, Ghana, Kazakhstan, Lithuania, Mexico, Nicaragua, Panama, Poland, Romania, Sri Lanka, Thailand, Uganda, and Ukraine. 52 The 13 economies are Canada, China, the Arab Republic of Egypt, India, Indonesia, Lebanon, Nigeria, the Philippines, South Africa, Tajikistan, the United Kingdom, the United States, and Zambia. 53 Arab Republic of Egypt, article 81, PPP Executive Regulations. 54 Nigeria, section 5, Infrastructure Concession Regulatory Commission Act of 2005. 55 Nigeria, section 111, Procurement Regulation (procurement of goods and works). 56 UNCITRAL 2001, section 119. 57 Summaries of the PPP contract present provisions pertaining to the object and conditions of the project, its term, and performance requirements, as well as a summary of the monitoring system. 58 World Bank 2013. 59 Farquharson, Torres de Mästle, and Yescombe 2011. 60 Hodges and Dellacha 2007. 61 World Bank 2014.  62 According to paragraph 3.2 of the ICRC Guidelines for Implementing Unsolicited Proposals for PPPs in Nigeria, the procedure is as follows: (1) The USP is submitted to and reviewed by the relevant ministry, department, or agency (MDA) with Benchmarking Public-Private Partnerships Procurement oversight for the relevant sector. (2) The MDA is required to review the proposal to determine that it meets the following criteria: (a) the project serves a credible public interest, (b) the project is in line with the national development goals of the relevant MDA; (c) the project falls within the category of critical infrastructure, (d) the project is viable and does not require viability gap funding, and (e) the project proponent possesses the requisite competence and profile to implement the project. (3) Following the review of the proposal by the MDA, the unsolicited proposal is forwarded to the ICRC for its review and issuance of “no objection,” if the proposal is satisfactory. (4) Technical and financial due diligence will be carried out to ascertain the capability of the project proponent in implementing the project, if selected. (5) Following the issuance of “no objection” from the ICRC and success of the project proponent from the due diligence exercise, the proposal may then be approved at the ministerial level. (6) The project proponent is issued a formal acknowledgment as the project author, and the project moves to a competitive bidding stage. (7) Following the competitive procurement process (expression of interest, request for proposal, and so forth), the project proponent is then requested to submit a best and final offer, along with the preferred bidder. (8) The successful bidder is then determined by the most economically and financially viable submission 150 63 Uganda, section 34(5), PPP Act. 64 Hodges and Dellacha 2007. 65 Ibid. 66 Peru, article 16, PPP law; article 31, PPP regulations. 67 Jamaica, section 9.0.3.3, PPP policy. 68 Albania, article 22(4), Law no. 125/2013. 69 World Bank 2014. 70 World Bank 2012. 71 The ABFO compensation mechanism is used in the context of two-stage bid processes. In this procurement procedure, the higher-ranked bidders from the first stage are invited to participate in the second stage when the final private partner is selected. Through the ABFO mechanism, the original proponent of the USP is automatically included in the second stage of the bidding process. 72 When a developer’s fee is used, the original proponent is reimbursed for some or all of the USP development costs either by the government or by the winning bidder. 73 With a bid bonus, the original proponent is given a premium to his or her offer during the competitive bidding procedure. 74 Under a Swiss challenge system, once the relevant authority accepts the USP, a competitive bidding procedure commences. If the original proponent is unsuccessful or if there is a better offer in place, the original proponent has the option of submitting a counteroffer to match or beat the offer from the best bidder. The Swiss challenge is very useful in a tender procedure when price is the only award criterion. 75 World Bank 2014, 156–57. 76 World Bank 2014, 208, para. 3.7.2. 77 Only Armenia, the Democratic Republic of Congo, Iraq, Lebanon, Nicaragua, and Papua New Guinea do not explicitly establish a monitoring and evaluation system for PPP contracts. Assessing Government Capability to Prepare, Procure and Manage PPPs 78 Colombia, article 33, PPP law. 79 Costa Rica, articles 36 and 37, concessions law, and article 48, concessions regulations; Ecuador, article 9, PPP law. 80 Exactly half (41) of the surveyed economies have a regulatory provision or an established practice of designing a PPP procurement team. In the other half, no provision or established practice exists in this regard. 81 Within the context of project management, risk mitigation involves (a) establishing a risk progress monitoring system to track identified risk and identify new risks appearing as the project develops and (b) planning actions to minimize the threats to the project’s objectives that the identified risks imply (adapted from Project Management Institute 2001). 82 Australia, appendix H.3, National PPP Guidelines, vol. 2. 83 World Bank 2014, 211, para 3.7.3. 84 Guasch 2004. 85 Ibid. 86 The economies that did not appear to embody explicit regulatory provisions on PPP contract renegotiation included Algeria, Armenia, Bosnia and Herzegovina, the Republic of Congo, the Democratic Republic of Congo, Ecuador, Gabon, Guatemala, Honduras, India, Lebanon, Malawi, Malaysia, Myanmar, Nicaragua, Pakistan, and Papua New Guinea. 151 87 See, for instance, article 41 of the Cambodian law on concessions, which requires the approval of the Ministry of Economy and Finance to modify the concessions contract, and article 57 of the Costa Rican concession law, which provides that the comptroller general must approve any extension to the contract. 88 See, for example, the obligatory approval of both the Federal and Ontario Province Treasury Boards in Canada, according to section 12.9.1 of the Federal Contracting Policies and section 5.8.5 of the Ontario Procurement Directives. 89 See, for example, the obligatory approval of both the Federal and Ontario Province Treasury Boards in Canada, according to section 12.9.1 of the Federal Contracting Policies and section 5.8.5 of the Ontario Procurement Directives. 90 The complete list of economies is as follows: Albania, Australia, Brazil, Bulgaria, Canada, France, Jordan, Mexico, Moldova, Morocco, Peru, the Philippines, Portugal, Romania, South Africa, the United Kingdom, and Uganda. 91 South Africa, Treasury Regulation 16.8.2. 92 UNCITRAL 2001, 173, para 1. 93 Ibid. 94 These economies are Afghanistan, Armenia, Colombia, Ghana, Jamaica, Lebanon, Malaysia, Nicaragua, Panama, Papua New Guinea, Portugal, and the Russian Federation. 95 Chile, articles 35, 36, and 36 bis, concession law. 96 Guatemala, article 95, PPP law. 97 Uruguay, article 54, PPP law. 98 Points are awarded on the basis of whether something is done in practice, as well as whether that practice is codified in the law. More points are awarded to an economy if the practice is codified in the law. This approach rewards the economies that systematically codify their rules and practices. Benchmarking Public-Private Partnerships Procurement 152 Contributors Afghanistan Algeria Economic Development and Research Center Ahmad Khalid Hatam Vincent Lunel Hakob Tadevosyan, Grant Thornton Jamshi Khesra, ALI Samia Goudjil, Benslimane A&C Legal and Tax LLC Kakar Advocates Amine Bensiam, CMS Bureau Francis Ministery of Justice Lefebvre Khalid Sekander, Khalid Sekander, Esq. Amine Sator, CMS Bureau Francis Mohammad Khalid Massoudi, Masnad Lefebvre Australia Legal Consultancy Ahmed Djouadi, Djouadi & Hadj Hamou James Abbott, Allen & Overy Sayed Jawid Hashimi, MLC Masnad Legal Consultancy Yves Baratte, Simmons & Simmons LLP Simon Hayes, Allen & Overy Bilal Alsamarrai, RIAA Barker Gillette Adam Stapledon, Allen & Overy Mazhar Bangash, RIAA Barker Gillette Angola Nick Beresford-Wylie, Allens Zahid Safi, RIAA Barker GIllette Luís Filipe Carvalho, ADCA Advogados Scott McCoy, Allens Carvalho & Associados Rafiullah Nabeel Michael Ryan, Allens Ana Ferreira da Costa, ADCA Emma Warren, Allens Advogados Carvalho & Associados Albania Catarina Levy Osório, Angola Legal Richard Foster, Foster Infrastructure Pty Ltd Redi Basha, Abkons Circle Advogados David Templeman, Herbert Smith Artan Bozo, Bozo & Associates António Vicente Marques, António Freehills Vicente Marques Enida Zeneli, Bozo & Associates New South Wealth Treasury GLA Gabinete Legal Angola Iva Cucllari, CMS Adonnino Ascoli & Cavasola Scamoni Liliana Canudo Cruz, MLGTS Morai Leitao, Galvao Teles, Soares da Silva Bangladesh Marco Lacaita, CMS Adonnino Ascoli & and Associados Cavasola Scamoni A.S.A Bari, A.S & Associates Claudia Santos Cruz, MLGTS Morai Gjergji Gjika, Gjika and Associates Leitao, Galvao Teles, Soares da Silva Dewan Faisal, A.S & Associates and Associados Ibtida Farhat Tropa,A.S &Associates      Evis Jani, Gjika and Associates Assessing Government Capability to Prepare, Procure and Manage PPPs Krisela Qirushi, Gjika and Associates Ibtida Farhat Tropa,A.S &Associates      Eris Hoxha, Hoxha, Memi & Hoxha Argentina Shahwar Nizam, DFDL Bangladesh Santiago Maqueda, Baker & Mc Kenzie Hasan Shahrear, DFDL Bangladesh Elion Shkodrani, Hoxha, Memi & Hoxha Luis Dates, Baker & McKenzie Osman Goni, OGR Legal ISUFI International & Associates Guillermo Ferraro, KPMG Md. Bashar, PPP Authority Elira Hroni, Kalo & Associate Agustina Chaufan, Marval, O’Farrell & Mohammad Rashed, PPP Authority Renan Berati, LPA Legal and Mairal Professional Services Albania Shammi Ahsan, Vertex Chambers Francisco Antonio Macias, Marval, Albana Fona, LPA Legal and O’Farrell & Mairal Junayed Chowdhury, Vertex Chambers Professional Services Albania María Lorena Schiariti, Marval, O’Farrell Abdul Monem Khan, Vertex Chambers Oltjan Hoxholli, LPA Legal and & Mairal Professional Services Albania Clara Vela, Marval, O’Farrell & Mairal Anjeza Kalanxhi, Ministry of Transport Benin and Infrastructure Horacio Ruiz Moreno, Mitrani Caballero Ojam & Ruiz Moreno Abogados Guy Lambert Yekpe, Cabinet GL Yekpe Olsi Coku, Optima Legal & Financial Juan Cruz Azzarri, PAGBAM Saïdou Agbantou, Cabinet Me. Saïdou Vilma Gjyshi, Optima Legal & Financial Agbantou Ali Turhani, University “Aleksander S. Marcel Hounnou, Cabinet Me. Saïdou Xhuvani”, Economic faculty Armenia Agbantou Argita Malltezi, University of Tirana Mariam Hovsepyan, “Ter Tachatyan” Silas Hounsounou, Cabinet Me. Saïdou legal and business Consulting CJSC Agbantou Lealba Pelinku, University of Tirana Andranik Vahanyan, “Ter Tachatyan” Yvon Detchenou, Carré 582 Boulevard legal and business Consulting CJSC Saint Michel AM Law Firm Théophile Capo Chichi 153 Bosnia and Herzegovina Eduardo Soares, Soares Bumachar Cambodia Chagas Barros Advogados Nenad Baroš, B&B Legal Seka Hep, DFDL Anita Reis, Souza, Cescon, Barrieu & Maida Becirovic, Foreign Investment Flesch Advogados Guillaume Massin, DFDL Promotion Agency Carla Rossi, Souza, Cescon, Barrieu & Tayseng Ly, HBS Law Davorin Marinkovic, Karanovic & Nikolic Flesch Advogados Ministry of Land Management Urban Helena Babic, Law firm Sajic Karin Yamauti, Souza, Cescon, Barrieu Planning and Construction Milica Karadza, Law firm Sajic & Flesch Advogados Prak Allen, P&A Asia Law Office Aleksandar Sajic, Law firm Sajic Henrique Frizzo, Trench, Rossi & Potim Yun, Potim Watanabe Arela Jusufbasic Goloman, Lawyers’ Leung Seng, PYT & Associates Office Tkalcic Dulic, Prebanic, Rizvic & Diogo Coutinho, University of Sao Paulo Jusufbasic Goloman Sotheary Hout, R&T Sok & Heng Law Ana Carolina Barretto, Veirano Office Samra Hadžović, Wolf Theiss Advogados Sophonnaroth Tiv, R&T Sok & Heng Lajla Hastor, Wolf Theiss Catarina Freitas, Veirano Advogados Law Office Jasmin Omerdić, Wolf Theiss Marina Aidar, Vieira Rezende Vichannadeth Uy, R&T Sok & Heng Law Advogados Office Carlos Costa e Silva, Vieira Rezende Sakan In, The Ministry of Economy and Brazil Advogados Finance Frederico Bopp Dieterich, Phd, Azevedo Cláudio Guerreiro, Vieira Rezende Sette Advogados Advogados Cameroon Leonardo Felisoni Torre, Campos Mello Alberto Vieira, Vieira Rezende Advogados Advogados Divine Afuba, Cabinet Marie Andrée Ngwe Silvia Fiszman, Campos Mello Ana Luiza Abdalla, Soares Bumachar Advogados Chagas Barros Advogados Comfort Lobe, Cabinet Nyemb Eduardo Schneider, Campos Mello Marc Zablith, Veirano Advogados Emmanuel Massoda, Cabinet Nyemb Advogados Jacques Nyemb, Cabinet Nyemb Renato Poltronieri, Demarest Advogados Bulgaria Dieudonne Bondoma Yokono, Conseil d’Appui à la Réalisation des Contrats de Viktor Ruppini, Demarest Advogados Denitsa Dudevska, CMS Bulgaria Partenariat Ademilson Viana, Demarest Advogados Plamena Kostadinova, CMS Bulgaria Achille Gwet, Conseil d’Appui à la Zornitsa Stoykova, CMS Bulgaria Réalisation des Contrats de Partenariat Luiz Assis, Levy & Salomão Advogados Pavlin Stoyanoff, CMS Cameron Marcel Mbella, Conseil d’Appui à la Ana Cecília Manente, Levy & Salomão Réalisation des Contrats de Partenariat Advogados McKenna LLP Bulgaria Branch/Duncan Weston CMS Bulgaria Benchmarking Public-Private Partnerships Procurement Willy Freddie Ndjana, Conseil d’Appui Ana Karina Esteves De Souza, à la Réalisation des Contrats de Machado, Meyer, Sendacz e Opice Metodi Baykushev, Dimitrov, Petrov & Co. Partenariat José Virgilio Lopes Enei, Machado, David Etah Akoh, Etah Nan & C Meyer, Sendacz e Opice Boyan Ivanov, Dimitrov, Petrov & Co. Attorneys Rafael Vanzella, Machado, Meyer, Boyana Milcheva, Dimitrov, Petrov & Co. Brice Tcheuffa W., Etah Nan & C Sendacz e Opice Bogdan Petrov, Dimitrov, Petrov & Co. Attorneys Floriano Azevedo Marques Neto, Donka Stoyanova, Dimitrov, Petrov & Jing & Partners Manesco, Ramires, Perez, Azevedo Co. Marques Sociedade de Advogados Francis Asanga Sama, Sama Radina Tomanova, Dimitrov, Petrov & Chambers, Bamenda Leonardo Barbosa Sousa, Manesco, Co. Ramires, Perez, Azevedo Marques Tina Sama, Sama Chambers, Bamenda Sociedade de Advogados Vessela Daneva, Ministry of Finance Stanley Abane, The Abeng Law Firm Tatiana Matiello Cymbalista, Manesco, Anastasiya Hadrish, Ministry of Finance Ramires, Perez, Azevedo Marques Roland Abeng, The Abeng Law Firm Galin Zhelev, Ministry of Finance Sociedade de Advogados Oscar Alebga, The Abeng Law Firm Penev LLP Guilherme Mundim, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados Maria Pashalieva, Penkov, Markov and Partners Canada Mario Saadi, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados Kalina Savova, Penkov, Markov and David Ho, Aird & Berlis LLP Partners Patrick Oufi, Aird & Berlis LLP Marina Schneider, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados Roman Stoyanov, Penkov, Markov and Heidi Visser, Aird & Berlis LLP Partners Bruno Werneck, Mattos Filho, Veiga Douglas Younger, Aird & Berlis LLP 154 Filho, Marrey Jr. e Quiroga Advogados Canadian Council for Public Private Colombia Côte d’Ivoire Partnerships Rodolfo Gutierrez, Brigard & Urrutia Guillaume Decaen, Eiffage Concessions Ilan Dunsky, Dentons Canada Abogados Bile Aka Joachim, SCPA Bile Aka, David Little, Fasken Martineau DuMoulin Maria Luisa Porto Fox, Brigard & Urrutia Brizoua Bi & Associes LLP Abogados Claude Julie, SCPA Bile Aka, Brizoua Bi Jensen Clarke, Fengate Capital Astrid Fernández, Deloitte & Associes Management Angelica Velasco, Departamento Kouable Loa Clarisse, SCPA Bile Aka, Peter Hughes, Fengate Capital Nacional de Planeacion Brizoua Bi & Associes Management Juan Pablo González, Esguerra Guezeon Sylvie Laure, SCPA Bile Aka, Kevin Reid, Fengate Capital Asesores Jurídicos Brizoua Bi & Associes Management Juan José Huertas, Esguerra Asesores Kouakou Eloi Yao, Yao K. Eloi George Theodoropoulos, Fengate Jurídicos Capital Management Victor Cordoba Pinto, Fanalca S.A. Gary Webster, KPMG LLP Dominican Republic Financiera de Desarrollo Nacional Jane Shackell, Qc, Miller Thomson LLP Alexander Medina Herasme, Alexander Samuel Cano, Lloreda Camacho & Co Medina Herasme Sandra Sultana, Ministère des Transports du Québec Carlos Carvajal, Lloreda Camacho & Co Maria Esther Fernandez De Pou, Camara Americana de Comercio de la Mark Liedemann, Partnerships BC Andrés Hidalgo, Lloreda Camacho & Co Republica Dominicana Transports Canada, Gouvernement du Óscar Fabián Gutiérrez, Palacios Lleras María Portes, Castillo y Castillo Canada Christoph Möller, Parra Rodríguez Abogados Abogados Leandro Corral, Estrella & Tupete Chile Francisco Morón, Parra Rodríguez Eileen Jimenez, Headrick Rizik Alvarez Abogados & Fernandez Fernando Jamarne, Alessandri Bernardo Rodríguez Ossa, Parra Marisol Vicens, Headrick Rizik Alvarez & Benardita Saez Rozas, Alessandri Rodríguez Abogados Fernandez Max Spiess, Baraona Abogados José Cruz Campillo, Jiménez Cruz Peña Andrés Chirgwin, Chirgwin Larreta Congo Dem. Rep. Henry Pastrano, Jiménez Cruz Peña Peñafiel Abogados David Luboya Kayaya, Cabinet Ebic Giselle Valera, Jiménez Cruz Peña Raquel Frattini, Chirgwin Larreta Peñafiel Abogados Gabriel Kazadi Muteba, Cabinet Emery Vilma Veras, Jiménez Cruz Peña Mukendi Wafwana & Associates SCP Matías Moreno, Chirgwin Larreta Laura Bobea, Medina Garrigó Abogados Assessing Government Capability to Prepare, Procure and Manage PPPs Peñafiel Abogados Conseiller Senior Primature Marielle Garrigó, Medina Garrigó Cristina Holuigue, Coordinación de Edouard Laddy Tshishimbi Mpamba, Abogados Concesiones Ministerio de Obras Emery Mukendi Wafwana Públicas de Chile Milvio Coiscou, Milvio Aubin Mabanza, Klam & Partners Jorge Delpiano, Guerrero Olivos Avocats Marlene Herrerar, Milvio Rodolfo Guerrero, Guerrero Olivos Christian Lukusa, Klam & Partners Yulianna Ramón Martínez, OMG Avocats Diego Muñoz, Morales y Besa Manuel Silverio, OMG Madeleine Matala Kayembe, Klam & Rodrigo Ropert, Morales y Besa Partners Avocats Hipolito Garcia, Quiroz Santroni Luis Felipe Hübner, Uribe, Hübner & Mónika Fiallo Paradas, Russin, Vecchi & Canales Heredia Bonetti Congo Rep. Ingrid G. Fermin, Seibel Dargam Secretariat permanent du comite de Henríquez & Herrera China privatisation Armando Paino Henriquez, Seibel Shouqing Wang, Department of Dargam Henríquez & Herrera Construction Management, Tsinghua University Costa Rica Paola Mañón Taveras, Seibel Dargam Henríquez & Herrera Jie Li, Herbert Smith Freehills Marcos Camacho Monica Sun, Herbert Smith Freehills Carlos Ubico, Arias & Muñoz Ecuador Helena Hsi Chia Chen, Pinsent Masons Raúl Guevara, Batalla Salto Luna LLP Diego Almeida, Andrade Veloz Marco Ureña, Batalla Salto Luna Abogados David Li, White & Case LLP Luis Ortiz, Business Law Partners Xavier Andrade, Andrade Veloz Mengbi Xu, White & Case LLP Rafael Quirós, Central Law Quirós Abogados Abogados 155 Francisco Bustamante Luna, Sébastien Pinot, Bignon Lebray Lizzeth Villatoro, Casco Fortín Cruz y Bustamante & Bustamante Asociados Law Firm Sophie Pignon, Bird & Bird Mario Flor, Bustamante & Bustamante Roberto Williams, Casco Fortín Cruz y Maud De Vautibault, Etat Direction Asociados Law Firm Alejandro Pérez Arellano, Bustamante & Générale du Trésor Bustamante Marcela Aguilar, Central Law Honduras Marc Frilet, Frilet et associes Bayardo Poveda, Bustamante & Enrique Chain, Central Law Honduras Bustamante Jones Day Claribel Medina De Leon, Central Law Gabriela Guzman, Coronel & Pérez, Jérémie Embareck, Suez Consulting Honduras abogados Erasmo Padilla, Coalianza Hernan Pérez Loose, Coronel & Pérez, Gabon abogados Jazna Vanessa Oquelí Juárez, García y Jean Paul Angoue Bodán, Honduras Daniel López, Corporacion Legal CL Ecuador Sophie Pignon, Bird & Bird AARPI Astrid Villeda, García y Bodán, Honduras Andrea Moya, Corral Rosales Serge Dimitri Mba Bekale, FFA Earnst Carmigniani Perez & Young Francisco Rosales, Corral Rosales Jean Nicaise Leyama, Ministere India Carmigniani Perez de l’Energie et des Ressources Balasubramanian Ananthasubramanian, Hydrauliques Juan Sebastián Córdova, Ferrere Prashanth Sabeshan, AZB & Partners, Jean-Pierre Bozec, Project Lawyers Advocates and Solicitors Paola Gachet, Ferrere Javier Robalino, Ferrere Amrit Pandurangi, Deloitte Ghana Abhaya Krishna Agarwal, Ernst & Young Ernesto Velasco, Ferrere Ekow Coleman LLP Juan Fernando Larrea Savinovich, Tobar ZVS LLP Philip Asante, CPCS Transcom Anjan Dasgupta, HSA Advocates International Nishant Beniwal, Khaitan & Co Agustín Mora Bowen Pérez, Tobar ZVS LLP Manuel Perez, JGCC Investment and Prateek Bhandari, Khaitan & Co financing Amitabh Sharma, Khaitan & Co Kimathi Kuenyehia, Kimathi & Partners Egypt, Arab Rep. of Gagan Anand, Legacy Law Offices, Enyonam Tsegah Aheto, Kimathi & India Rana Hegazi, Al Tamimi & Company Partners Ayman Abdallah, Am Ayirebi Dansoh, Kwame Nkrumah Mahmoud Alkhouly, Am University of science and technology Indonesia Suzan Hashim, Am Magdalene Apenteng, Ministry of Norman Bisset Finance Reggy Firmansyah Benchmarking Public-Private Partnerships Procurement Bassam Moussa, Bassam Muhammad El Haggan, Hegazy & Aprilda Fiona Butar, Aprilda fiona & Associates Guatemala Partners Law Firm Ibrahim Elsalamoni, Hegazy & Pedro Aragon, Aragon & Aragon Jamal Rizki, Hermawan Juniarto Associates Gustavo Hernández Ruano, Arias & Sianti Candra, Roosdiono & Partners a Walid Hegazy, Hegazy & Associates Muñoz member of ZICO | law Atter Hannoura, Ministry of Finance Ana Gabriela Platero Midence, Arias & Evi Pasaribu, Roosdiono & Partners a Muñoz member of ZICO | law Eman Riad, Riad & Riad José Augusto Toledo, Arias & Muñoz Afriyan Rachmad, Roosdiono & Partners Khaled Attia, Sarie Eldin & Partners a member of ZICO | law Sarwat Abd El-Shahid, Shahid Law Firm Awang Fahrizal Bahrin, Soewito Honduras Suhardiman Eddymurthy Kardono Legal Salma Abdel Aziz, Shahid Law Firm Consultants Juan José Alcerro Milla, Mohammed Gomaa, Zaki Hashem & AguilarCastilloLove Rusmaini Lenggogeni, Soewito Partners, Attorneys at La Suhardiman Eddymurthy Kardono Legal Claudia Midence, Arias & Muñoz Sameh Kamal, Zaki Hashem & Partners, Consultants Attorneys at La José Álvarez, Business Law Partners Syahdan Zainoel Aziz, Soewito Mohamed Abdel Wahab, Zulficar & Lauren Castejon, Business Law Suhardiman Eddymurthy Kardono Legal Partners Law Firm Partners Consultants Rafael Chicas, Business Law Partners France Gabriela Padilla, Casco Fortín Cruz y Iraq Asociados Law Firm Jacques Dabreteau, Ashurst LLP Ahmed Al Janabi, Ahmed 156 Ahmed Dawood, BHC firm Jamaica Yerlan Serikbayev, Michael Wilson & Partners, Limited Zainab Al Qurnawi, Qurnawi Legal Christopher Bovell, DunnCox Consultancy and Advocates known as Elzhan Birtanov, Ministry of healthcare QC Law Firm Narda Graham, DunnCox and social development Republic of Donia Joevion Fuller, LEX Caribbean, Kazakhstan Ammar Naji, Two Rivers Confluence Legal Consultancy Attorneys at Law Anara Musrepova, Ministry of healthcare Trevor Patterson, Patterson Mair and social development Republic of Hamilton Kazakhstan Italy Aida Akhmetova, Morgan Lewis LLP Veronica Bennett Warmington, PPP Unit Alfredo Lucente Bakhytzhan Kadyrov, Morgan Lewis LLP Alberto Cucchiarelli, A.N.A.C. Autorita Aset Shyngyssov, Morgan Lewis LLP Nazionale Anticorruzione Jordan Cristina Giorgiantonio, Bank of Italy, Khaled Asfour, Ali Sharif Zu’bi Advocates Department of Economics, Statistics and & Legal Consultants, CPSC Kenya Research Leena Nusseir, Ali Sharif Zu’bi Jeremmy Okonjo, Mwagambo & Okonjo Giuliana Palumbo, Bank of Italy, Advocates & Legal Consultants, CPSC Advocates Department of Economics, Statistics and Jumana Toukan, Ali Sharif Zu’bi Research Joyner Okonjo, Mwagambo & Okonjo Advocates & Legal Consultants, CPSC Advocates Simone Cadeddu, Bird & Bird Mohammad Bashayreh, Dicta Edwin Baru, Anjarwalla & Khanna Valentina Ciocca, CP DL Capolino Consulting Attorneys & Legal Advocates Perlingieri & Leone Consultants Rosa Nduati Mutero, Anjarwalla & Dante Leone, CP DL Capolino Aya Bassoumi, Hammouri & Partners Khanna Advocates Perlingieri & Leone Tariq Hammouri, Hammouri & Partners Mary Waititu, Anjarwalla & Khanna Pasquale Marasco, Department for Ahmed Khalifeh, Hammouri & Partners Advocates Planning and Coordination of Economic Policy Presidency of the Council of Yotta Pantoula Bulmer, Hammouri & Coulson Harney Advocates MInisters Partners Paul Karekezi, GIBB Africa Ltd Gabriele Pasquini, Department for Jumana Telfah, Jumana Kiragu Kimani, Hamilton Harrison & Planning and Coordination of Economic Mathews Osama Sulieman, Ministry of Finance Policy Presidency of the Council of MInisters Anwar Sukkari, Osama Sukkari & Lawson Ondieki, Hamilton Harrison & Associates Mathews Paolo Piacenza, Department for Planning and Coordination of Economic Feras Sukkari, Osama Sukkari & Muthomi Thiankolu, Muthomi & Karanja Policy Presidency of the Council of Associates Advocates Assessing Government Capability to Prepare, Procure and Manage PPPs MInisters Shaker Shaer, Zalloum & Laswi Felister Munyua, PPP Unit Marco Tranquilli, Department for Azzam Zalloum, Zalloum & Laswi Hadija Diba, PPP Unit National treasury Planning and Coordination of Economic Policy Presidency of the Council of Ronoh Tuimising, PPP Unit National Ministers treasury Kazakhstan Daniela Fioretti, Grimaldi Studio Legale Gregory Namusonge Yuliya Badenko, Aequitas Law Firm Francesco Sciaudone, Grimaldi Studio Elizabeth Njenga Legale Nurlan Sholanov, Aequitas Law Firm Sung Whan Lee, Ahnse Law Offices Giovanna Ottaviani, Italian National Almaty Branch of Norton Rose Fulbright Statistical Institute ISTAT Kazakhstan Limited Eui Young Shon Shon, Department of Transportation Engineering, University Giovanni Cucchiarato, Jenny Avvocati Ainur Botakhanova, Colibri Law of Seoul Paola Pellini, Jenny Avvocati Azim Usmanov, Colibri Law Seung Yeon Stella Lee, Globla Green Growth Institute Grazia Sgarra, Ministry of Economy and Birzhan Zharasbayev, Dentons Finance Sounman Hong, Yonsei University Lola Abdukhalykova, GRATA Umberto Antonelli, Studio Legale International associato ad Ashurst LLP Shaimerden Chikanayev, GRATA Lebanon Elena Giufrrè, Studio Legale associato International ad Ashurst LLP Lili Khairallah, EKP in association with Maksim Grekov, Kinstellar Holman Fenwick Willan LLP Pamela Infantino, Studio Legale Asset Kussaiyn, Michael Wilson & Hadi Melki, EKP in association with associato ad Ashurst LLP Partners, Limited Holman Fenwick Willan LLP Francesco Angelini, Tonucci & Partners Elena Lee, Michael Wilson & Partners, El Aref International Law Office Gianluca Cambareri, Tonucci & Partners Limited Tarek Dandashli, Tarek Luca Spaziani, Tonucci & Partners 157 Lithuania Wilfred Abraham, Zul Rafique & Copetchi Stanislav, ACI partners Partners Jekaterina Marina Zanoga, ACI partners KPMG Baltics, UAB Roger Gladei, Gladei & Partners Mauritius Ausrys Sliavas, Law Firm Cobalt Lilia Oglinda, Gladei & Partners Ravindra Chetty, 5 St James Court Kęstutis Adamonis, Law firm Sorainen Lulian Pasatii, Gladei & Partners and partners Benoit Chambers Andrei Briceac, PB & Partners Law Firm Augustas Klezys, Law firm Sorainen and Natasha Behary Paray, ENSafrica Mauritius Diana Ichim, Turcan Cazac Law Firm partners Jurgita Nikita, Law firm Sorainen and Shrivan Dabee, ENSafrica Mauritius partners Mongolia Thierry Koenig, ENSafrica Mauritius Neringa Gražinytė, Law Firm Tark, Nicolas Audier, Audier & Partners Deoprakash Khoodeeram, Ministry of Grunte, Sutkiene Finance Nyamtseren Bataa, ELC LLP Advocates Rasa Narbutaitė, Law Firm Tark, Grunte, Sutkiene Enkhjargal Tumenjargal, ELC LLP Mexico Advocates Dainius Stasiulis, Partner Dainius Stasiulis Heidi Sada Bekhbat Sodnom, Mongolian PPP development center Tadas Jagminas, Tadas Ingrid Sada Marius Dobilas, Valiunas Ellex Teo Berdeja, Berdeja Abogados, S.C. Morocco Laura Ziferman, Valiunas Ellex Tracy Delgadillo, J.A. Treviño Abogados Kamal Habachi, Bakouchi & Habachi HB Luis Alberto Balderas Fernández, Law Firm LLP Jáuregui y Del Valle, S.C. Madagascar Noha Lemkhanat, Boulalf & Mekkaoui Diego Hernández Schmidt Tophoff, Law Firm Lisivololona Razanajaholy, Agence de Jáuregui y Del Valle, S.C. promotion de l’investissement Ahlam Mekkaoui, Boulalf & Mekkaoui Vanessa Franyutti Johnstone, Nader, Law Firm Jean Marcel Razafimahenina, Cabinet Hayaux y Goebel Delta Audit Corinne Duvnjak, Clifford Chance Carolina Perez Rendon, Nader, Hayaux Erika Ramananarivo, Directeur de la Mustapha Mourahib, Clifford Chance y Goebel Promotion du Partenariat Public privé. Secrétariat Général Oscar Ramos Ahuage, Nader, Hayaux Direction of Public Entreprises and y Goebel privatisation Faniry Rambelo, HK Jurifisc Francisco Treviño, Rios Ferrer, Guillen Zineb Idrissia Hamzi, Hamzi Law firm Landy Raveloson, HK Jurifisc Llarena, Treviño y Rivera, S.C. Houda Habachi, HB Law Firm Hantamalala Rabarijaona, John W. García Rojas Castillo, Sandro Paule Biensan, White & Case LLP Ffooks & Co. Benchmarking Public-Private Partnerships Procurement Sergio Chagoya Díaz, Santamarina y Kenza Bounjou, White & Case LLP Vannissa Rakokotonirina, John W. Steta, S.C. Ffooks & Co. Hugues Martin Sisteron, White & Case Belén Gómez Fernández, Santamarina LLP Olivier Ribot, Lexel Juridique et Fiscal y Steta, S.C. François Guilhem Vaissier, White & Gustavo Mendoza Müggenburg, Case LLP Malawi Santamarina y Steta, S.C. Shiraz Yusuf, Ernst & Young Malawi Diego Ostos Guerresi, Santamarina y Steta, S.C. Mozambique Elton Jangale CA (M), PFI Partnerships, PPP & Law Consultants Úrsula Carreño Colorado, Secretaria de Raquel Sampaio, Abreu Advogados Hacienda y Crédito Público Krishna Savjani Obe Sc, Savjani & Co Mafalda Teixeira De Abreu, Abreu Carlos Guevara Vega, Secretaria de Advogados Duncan Singano, Savjani & Co Hacienda y Crédito Público Inocencio Cumaio, Fernanda Lopes Audrey Mwala, The PPP Center Mariela Diaz, Universidad Autónoma de Associados & Advogados la Ciudad de México Fernanda Lopes, Fernanda Lopes Alberto Espejel Espinoza Associados & Advogados Malaysia Irma Sandoval Ballesteros Rodrigo Ferreira Rocha, Fralaw Ferreira David, Chan Tong Ong, Chooi & Rocha Advogados Company Zara Jamal, Fralaw Ferreira Rocha Christopher Lee, Christopher & Lee Ong Moldova Advogados Kee Hooi Wong, Zaid Ibrahim & Co Odobescu Igor, ACI partners Fabrícia Almeida Henriques, Henriques, Nadesh Ganabaskaran, Zul Rafique & Maia Pircalab, ACI partners Rocha & Associados Partners 158 Tiago Arouca Mendes, Henriques, Victor Green, G. Elias & Co. Papua New Guinea Rocha & Associados Oluwatoyin Nathaniel, G. Elias & Co. Lisa Kudada, Gadens Hélder Paulo Frechaut, HPF Advogados Fred Onuobia, G. Elias & Co. Komdal Lonagata, Gadens Orlanda Rafael, O. Rafael Advogados, Sociedade Unipessoal, Lda. Folasade Olusanya, Jackson, Etti and Stephen Massa, Gadens Edu Oldivanda Bacar Bacar, Scan Sociedade de Advogados Adeola Owolabi, Jackson, Etti and Edu Peru Celia Chitara, Scan Sociedade de José Luis Escaffi, Apoyo Consultoria Advogados Pakistan Juan Carlos De Los Heros, Estudio Hemma Tengler, Universidade Catolica Yusha Barakzai, Haidermota BNR & Co. Echecopar, member firm of Baker & de Mocambique McKenzie International Saboor Karamat, Haidermota BNR & Co. Angela Raygada, Estudio Echecopar, Myanmar member firm of Baker & McKenzie Ali Khan, Haidermota BNR & Co. International William Greenlee, Jr., DFDL Myanmar Huzaifa Muqaddam, Haidermota BNR Limited Ana Sofía Reyna, Estudio Echecopar, & Co. member firm of Baker & McKenzie Pedro Jose Bernardo, Kelvin Chia Marium Fatima, Infrastructure Project International Yangon Ltd Development Facility, Ministry of Michelle Barclay, Grau Abogados Karina Peng, Polastri Wint & Partners Finance Daniela Camacho, Grau Abogados Alessio Polastri, Polastri Wint & Partners Adil Anwar, Infrastructure Project Development Facility, Ministry of Giancarlo Villafranqui, Grau Abogados Hyun Joong Chung, VDB Finance, Pakistan Vanderbruggen Loi Daniel Querub, IBT Group LLC Sucursal Syed Shayan Ahmed, Liaquat Merchant del Peru Jonathan Linton, VDB Vanderbruggen Associates Loi Claudia Cornejo, Ministry of Economy Rizwan Butt, Mohsin Tayebaly & Co and Finance Jean Loi, VDB Vanderbruggen Loi Mehreen Manto, Mohsin Tayebaly & Co Germán Ferreyra Espinoza, Ministry of Economy and Finance Nadeem Ahmad, Orr, Dignam & CO. Nepal Adolfo Pulgar Soarez, Ministry of Adnan Qureshi, Qureshi Law Associates Economy and Finance Sombhojen Limbu, Kathmandu University School of Law Mustafa Munir Ahmed, RIAA Barker Alvaro Valencia, Ministry of Economy Gillette and Finance Khem Raj Bhandari, Khem Raj Bhandari Bilal Alsamarrai, RIAA Barker Gillette Cecilia Ma, Ministry of Health Shiva Prasad Rijal, Shiva Assessing Government Capability to Prepare, Procure and Manage PPPs Saira Khalid, RIAA Barker Gillette Carlos Baldeon, Payet, Rey, Cauvi, Aftab Ahmad Khan, Surridge & Perez Abogados Nicaragua Beecheno, Advocates, Corporate Alonso Rey, Payet, Rey, Cauvi, Perez Consultants & IP Attorneys Nestor Chavarria Abogados Syed Adil Gilani, Syed Carlos Ordeñana, Pacheco Coto Eldda Bravo, Proinversion Tariq Saeed Rana Verónica Sattler Correa Rey, Verónica Sattler Correa Rey Nigeria Panama Sergio Chang, Yrivarren Abogados Modupe Dabiri, Templars Mario Rognoni Luis Miguel Yrivarren, Yrivarren Bernard Ehigiamusor, Templars Abogados Gabriel Almanza Jaén, Almanza & Chike Obianwu, Templars Almanza Gracy Zapata Desmond Ogba, Templars María Virginia Almanza Jaén, Almanza Seeke Sadipe, Templars & Almanza Philippines Funmilayo Otsemobor, Aluko & Siaska Lorenzo, Aris & Muñoz Rosa Michele Bagtas, Cruz Marcelo & Oyebode Hendrick Almanza, Ministerio de Tenefrancia Gbenga Oyebode, Aluko & Oyebode Economia y Finanzas Eric Dykimching, Cruz Marcelo & Damilola Wright, Aluko & Oyebode Marissa Echevers, Ministerio de Tenefrancia Economia y Finanzas Philip Asante, CPCS Transcom Manuel Manaligod, Jr., Cruz Marcelo & International Horacio Estribi, Ministerio de Economia Tenefrancia y Finanzas Juliet Ezeanya, F.O.Akinrele & Co Aida Araceli Roxas Rivera, Cruz Khatiya Asvat, Patton, Moreno & Asvat Marcelo & Tenefrancia Awele Ojechi, F.O.Akinrele & Co Pancho Umali, Cruz Marcelo & Tenefrancia 159 Department of Public Works and André Dias, Macedo Vitorino & Rahimine Azimari Toure, Geni & Kebe Highways Associados Law firm Nelia Raule Lumanog, Divina Law Susana Vieira, Macedo Vitorino & Bocar Balde, Geni & Kebe Law firm Associados Louie Ferrer, Megawide Construction Mansour Gningue, Geni & Kebe Law Corporation António Vitorino, Macedo Vitorino & firm Associados Cosette Canilao, Public Private Antsa Andriantsoa, John W. Ffooks & Partnership Center of the Philippines Ana Luísa Guimarães, Sérvulo & Co Associados Russell Sy, SM Prime Holdings Inc. Vannissa Rakotonirina, Senior Teresa Empis Falcão, Vieira de Almeida Association Alma Porciuncula Mariana Patrocínio, Vieira de Almeida Manuel Protásio, Vieira de Almeida Singapore Poland Sofia Viana Fernandes Chee Wai Kok, Allen & Gledhill LLP Dominika Wągrodzka, BNT Neupert Zamorska & Partnerzy Lynette Lim, Allen & Gledhill LLP Jakub Woliński, BNT Neupert Zamorska Romania Wee Meng Tan, Allen & Gledhill LLP & Partnerzy Ruxandra Pîrlan, BPV Grigorescu Kelvin Wong, Allen & Gledhill LLP Public Procurement Office Stefanica Kelvin Aw, Morgan Lewis Stamford LLC Paweł Halwa, Schönherr Poland Miriam Constantin, D&B David si Baias S.C.A Mark Rathbone, Jakub Nawrocki, Schönherr Poland PricewaterhouseCoopers LLP Diana Poputoaia, Dentons Igor Hanas, Squire Patton Boggs Corina Gabriela Ionescu, Ionescu Miron Peter Swiecicki, Squire Patton Boggs SPARL South Africa Michał Zieniewski, White&Case Roxana Stoica, Ionescu Miron SPARL Claire Tucker, Bowman Gilfillan Inc M.Studniarek i Wspólnicy Kancelaria Prawna sp. k. Maria Hoaghia, Nestor Nestor Diculescu Claire Barclay, Cliffe Dekker Hofmeyr Kingston Petersen Inc Anna Flaga Martynek, WKB Wierciński, Kwieciński, Baehr Sp.k. Razvan Olaru, Nestor Nestor Diculescu Samantha Brener, Cliffe Dekker Kingston Petersen Hofmeyr Inc Marta Midloch, WKB Wierciński, Kwieciński, Baehr Sp.k. Valentin Voinescu, Nestor Nestor Irina Unkovski, Deloitte Diculescu Kingston Petersen Alex Mbikayi, Emery Mukendi Wafwana Tomasz Pleskot, WKB Wierciński, Kwieciński, Baehr Sp.k. Bogdan Creteanu, PeliFilip SCA & Associates Madalina Fildan, PeliFilip SCA Emery Mukendi Wafwana, Emery Mukendi Wafwana & Associates Portugal Tudorie Irena, Popovici Nitu Stoica & Asociatii Ernst & Young Benchmarking Public-Private Partnerships Procurement Fernando Crespo Diu Pentilescu Ramona, Popovici Nitu Grant Williams, Eversheds Paulo de Moura Marques, AAMM Stoica & Asociatii Abecasis, Azoia, Moura Marques & Tomiwa Toriola, Eversheds SA Inc Associados, Soc. de Advogados, RL Daniel Anghel, PricewaterhouseCoopers Rekha Adjoodha, Fasken Martineau Tax Advisors & Accountants S.R.L. Manuel Andrade Neves, Abreu & Lara Bezuidenhoudt, Fasken Martineau Associados Vlad Cercel, Tuca Zbarcea & Asociatii John Janks, Fasken Martineau Sofia Barbosa Vieira, Abreu & Iuliana Leon, Tuca Zbarcea & Asociatii Associados Lerato Nonyana, Fasken Martineau Florentin Tuca, Tuca Zbarcea & Asociatii Mafalda Teixeira de Abreu, Abreu & Lindokuhle Hlatshwayo, Government Associados Elena Iacob, Zamfirescu Racoti & Technical Advisory Center Partners Carlos Lopes, Carlos Lopes Tumi Moleke, Government Technical Iuliana Negoita, Zamfirescu Racoti & Advisory Center João de Lemos Portugal, Cuatrecasas, Partners Gonçalves Pereira Anri Bernot, KPMG Ana Graça Remondes, Cuatrecasas, Malcolm Pautz, KPMG Gonçalves Pereira Senegal De Buys Scott, KPMG Ana Chacim, Ernst & Young Sophie Pignon Marianna Naicker, White & Case LLP Mário Pena, Ernst & Young Moustapha Ndoye, Cabinet Maître Moustapha Ndoye Matthew Richards, White & Case LLP Sofia Gouveia Pereira, Gouveia Pereira, Abdoullah Cisse, Carapaces Stratégies Thabo Rakoloti Costa Freitas & Associados & Conformités Patrícia Vinagre e Silva, Gouveia Pereira, Costa Freitas & Associados Marc Fornacciari, Dentons 160 Sri Lanka Ittipol Narkbenjaporn, DLA Piper The Public Private Interactions Center, Thailand Ltd. National Research University Higher Savantha De Saram, D. L. & F. De School of Economics Saram Supreedee Nimitkul, DLA Piper Thailand Ltd. Dmitri Vinogradov, University of Essex Aloka Nandasena, D.L. & F. De Saram Seree Nonthasoot, Institute of Research Irina Dolgikh, Vegas lex Arjuna Herath, Ernst and Young and Development for Public Enterprises Albert Eganyan, Vegas lex Kolitha Dissanayake, F.J. & G. De David Beckstead, Tilleke & Gibbins Saram Denis Shtirbu, Vegas lex Charana Kanankegamage, F.J. & G. De Saram The Kyrgyz Republic Timor Leste Anjali Fernando, F.J.& G. De Saram Aisulu Chubarova, ARTE Law Firm Sofia Riço Calado, Buzzword Priyanga Algama, Priyanga Liliia Kim, ARTE Law Firm Bernardo Correia Barradas, Central Asanka Abeysekera, Tiruchelvam Zhanyl Abdrakhmanova, Colibri Law Bank of Timor Leste Associates Firm António Ljorge, Da Cunha Jorge Thuwaraka Ganeshan, Tiruchelvam Dinara Batyrova, Colibri Law Firm Advogados Associates Lira Kasymbekova, Investment Ricardo Alves Silva, Miranda & Lasantha Garusinghe, Tiruchelvam Promotion Agency under the Ministry of Associados Associates Economy of the Kyrgyz Republic. Alberto Galhardo Simões, Miranda & Nirosha Peiris, Tiruchelvam Associates Елена Бабицкая, Общество с Associados ограниченной ответственностью “Юридическое агентство “VERITAS” Renato Guerra De Almeida, Miranda & Associados Tajikistan Лидия Васильева, Общество с ограниченной ответственностью Rui Amendoeira, Vieira de Almeida & Jienshoh Bukhoriev Associados, Sociedade de Advogados, “Юридическое агентство “VERITAS” Zhanyl Abdrakhmanova, Colibri Law R.L. Firm João Cortez Vaz, Vieira de Almeida & Khujanazar Aslamshoev, Colibri Law The Russian Federation Associados, Sociedade de Advogados, Firm R.L. Konstantin Garmonin, Baker Botts L.L.P. Farukh Sultonov, Tajnor Teresa Empis Falcão, Vieira de Kira Gladkoborodova, Baker Botts L.L.P. Almeida & Associados, Sociedade de Irada Diyakova, Capital Legal Services Advogados, R.L. Tanzania Pavel Karpunin, Capital Legal Services Vitor Paiva Neema Lwise Kileo, Astute Attorneys Ekaterina Romanova, Capital Legal Assessing Government Capability to Prepare, Procure and Manage PPPs Thomas Sipemba, East African Law Services Togo Chambers Rimma Tolmacheva, Capital Legal Ali Hojeij, Bird & Bird AARPI Kamanga Wilbert Kapinga, Mkono & Co Services Advocates Sophie Pignon, Bird & Bird AARPI Artem Rodin, CMS Russia Adam Lovett, Norton Rose Fulbright H. Kuassi Deckon, Faculté de droit/ Ilya Skripnikov, Dentons Université de Lomé Angela Mndolwa, Norton Rose Fulbright Tair Suleymanov, Dentons Tahirisoa Rakotonirina, John W Ffooks Saidi Amiri, Tanzania Invetsment Centre Elena Shadrina, Elena Legal Artem Chigrin, KPMG Moscow Vannissa Rakotonirina, John W Ffooks Legal Thailand Sergey Ignatushchenko, KPMG Moscow Martial Akakpo, Martial Akakpo & Monsicha Pongrujikorn, Allen & Overy Natalia Reznichenko, KPMG Moscow Associes Thailand Company Limited Stepan Svetankov, KPMG Russia and Sandrine Badjili, Martial Akakpo & Sarah Wilson, Allen & Overy Thailand the CIS Associes Company Limited Dmitry Krupyshev, Lecap Law firm LLC Yaovi Montcho, Martial Akakpo & Charuwan Charoonchitsathian, Associes Chandler and Thong ek Law Offices Polina Strekalova, Lecap Law firm LLC Limited Edem Zotchi, Martial Akakpo & Associes Roman Zhirnov, Lecap Law firm LLC Kobchai Nitungkorn, Chandler and Matthew Keats, Linklaters Thong ek Law Offices Limited Marina Ushakova, Linklaters Tunisia Jessada Sawatdipong, Chandler and Thong ek Law Offices Limited Adly Bellagha, Adly Julia Voskoboinikova, Linklaters Tanadee Pantumkomon, Chandler and Mahmoud Anis Bettaieb, Bettaieb Law Svetlana Maslova, Maslova Thong ek Law Offices Limited Firm Paola Valbonesi, Paola 161 Elyes Chafter, Chafter Raouadi Mark Smith, Deloitte Ukrainian Public Private Partnership Development Support Center Zine El Abidine Chafter, Chafter Raouadi Francis Kisirinya, Francis Habiba Raouadi, Chafter Raouadi Isaac Newton Kyagaba, Kampala Associated Advocates United Kingdom Mohamed Lotfi El Ajeri, El Ajeri Lawyers Charles Ndandiko, Kyambogo David Hartley, Ashurst LLP Selima Ben Hamouda, Eversheds University School of Management and Entrepreneurship Cameron Smith, Ashurst LLP Raouf El Heni, Eversheds Orono Otweyo, PPP Unit, Ministry of Tom Ballard, CMS Cameron McKenna Fares El Heni, Eversheds LLP Finance Atef Masmoudi, Ministère des Finances Robert Gray, CMS Cameron McKenna Francis Kamulegeya, Sarra Elloumi, Zaanouni & Associates PricewaterhouseCoopers LLP Law Firm Paul Smith, CMS Cameron McKenna Eeshi Katugugu, Mohamed Zaanouni, Zaanouni & PricewaterhouseCoopers Uganda LLP Associates Law Firm Liam Cowell, DLA Piper Kenneth Lenox Sseguya, Hend Ben Achour PricewaterhouseCoopers Uganda Sharon Fitzgerald, DLA Piper Louise Huson, DLA Piper Turkey Ukraine Alex Carver, Freshfields Bruckhaus Beril Akol, Bener Law Firm Alina Kuksenko, Asters Deringer Onur Kordel, Bener Law Firm Oles Kvyat, Asters Henry Lbrendon, White & Case LLP Muhammet Yiğit, Bener Law Firm Vadym Samoilenko, Asters Caroline Miller Smith, White & Case LLP Haluk Bilgiç, Bilgiç Law Firm Iuliia Savchenko, Asters Lucy Plowright, White & Case LLP Banu Özyalçın, Bilgiç Law Firm Andriy Tsvyetkov, Attorneys’ Association Gestors United States Cagdas Evrim Ergun, Çakmak Avukatlık Bürosu Nadiia Filozop, Baker & McKenzie CIS, Bradley J. Richards, Haynes and Boone, Limited LLP Nilay Celebi, Erdem & Erdem Law Office Lina Nemchenko, Baker & McKenzie Preston Bryant, McGuireWoods Ercüment Erdem, Erdem & Erdem Law CIS, Limited Consulting, LLC Office Oleksandra Kondratenko, CMS Reich Isidro A. Jiménez, Nossaman LLP Ozgur Kocabasoglu, Erdem & Erdem Rohrwig Hainz Law Office Andres Berry, Pillsbury Winthrop Shaw Maria Orlyk, CMS Reich Rohrwig Hainz Pittman LLP Ahmet Kesli, Group Law Firm Kateryna Soroka, CMS Reich Rohrwig David Miller, Pillsbury Winthrop Shaw Senem Ismen, Hergüner Bilgen Özeke Hainz Pittman LLP Attorney Partnership Benchmarking Public-Private Partnerships Procurement Mykhaylo Byelostotskiy, DLA Piper Fernando Rodriguez Marin, Pillsbury Emre Eser, Ministry of Development Ukraine LLC Winthrop Shaw Pittman LLP Sedef Yavuz Noyan, Ministry of Oleksandra Protsenko, DLA Piper Clark Lewis, Troutman Sanders Development Ukraine LLC Strategies Orçun Çetinkaya, Moroğlu Arseven Dmitro Romenskyi, Dmitro Morteza Farajian, Virginia P3 Office Pelin Oğuzer, Moroğlu Arseven Oliynyk Kateryna, Egorov Puginsky Ryan Pedraza Burcu Tuzcu Ersin, Moroğlu Arseven Afanasiev and Partners Ukraine Robin Smith PAE Law Office Roman Stepanenko, Egorov Puginsky Afanasiev and Partners Ukraine Sinan Sunay, Pekin & Pekin Ievgen Gusiev, Ievgen Uruguay Elif Tolunay, Pekin & Pekin Integrites Rodrigo Ferrés, Ferres Law, Murat Yazıcı, Yazici Law Offices International PPP Legal Consultant Iryna Marushko, Lavrynovych and Işıl Ökten, Yüksel Karkın Küçük Partners Law Firm Federico Formento, Fischer & Schickendantz Artem Komolov, LLC Dentons Europe Federico Caresani, Galante & Martins Uganda Natalia Selyakova, LLC Dentons Europe Diego Galante, Galante & Martins Dorcus Bayiga, C.R Amanya Advocates Nikolay Zhovner, LLC Dentons Europe & Solicitors Pilar Alvarez, Guyer & Regules Oksana Holovko, Nobles Claire Amanya Rukundo Kakeeto, C.R Marcos A. Payssé, Guyer & Regules Amanya Advocates & Solicitors Denis Vergeles, Nobles Silvina Panizza, Ministry of Economy Kenneth Legesi, Deloitte Alexander Weigelt, Nobles and Finance Uruguay 162 John Ponsonby, Deloitte Volodymyr Yakubovskyy, Nobles Juan Martin Olivera, Olivera Abogados Federico Rocca, Olivera Abogados Martin Desautels, DFDL Zambia Cecilia Trujillo, Olivera Abogados Charles Magdelaine, Gide Loyrette Andrew Chitembo, Andrew Chitembo Nouel A.A.R.P.I. Consultancy Guillermo Fuentes Nasir Pkm Abdul, Gide Loyrette Nouel Sydney Chisenga, Corpus legal Guillermo Fuentes A.A.R.P.I. Practitioners Vietnam Global Consulting Company Oliver Munthali, Corpus legal Vietnam Limited Practitioners Huong Nguyen Thu Vu Nguyen Quang, Vietnam Joseph Jalasi, Eric Silwamba, Jalasi and International Law Firm Linyama Legal Practitioners Linh Tran Thi Ngoc Phuong Nguyen, Zicolaw Vietnam Ltd. Pinalo Chifwanakeni, University of Duc Tran, Allen & Overy Legal Vietnam Lusaka LLC Jerome Buzenet Zambia Chamber of Commerce and Nicolas Audier, Audier & Partners Linh Dao Industry Vietnam Phong Anh Hoang Bruno Mweemba Nicolas Picard, Audier & Partners Tung Pham Thanh Vietnam Thi Vu Hanh Tran Marijn Sprokkereef, Audier & Partners Vietnam Assessing Government Capability to Prepare, Procure and Manage PPPs 163 The World Bank Group provides assistance to governments in developing countries to improve access to infrastructure and basic services through public-private partnerships (PPP). When designed well and implemented in a balanced regulatory environment, PPPs can bring greater efficiency and sustainability to the provision of such public services as water, sanitation, energy, transport, telecommunications, health care and education. The World Bank Group’s unique value proposition rests with its capacity to provide support along the entire PPP cycle —upstream policy and regulatory guidance, transaction structuring advice, as well as financing and guarantees to facilitate implementation. PPIAF provides technical assistance to governments to support the worldbank.org/ppp creation of a sound enabling environment for the provision of basic ppiaf.org infrastructure services by the private sector. PPIAF also supports the generation and dissemination of knowledge on emerging practices on matters relating to private sector involvement in infrastructure. @WBG_PPP #PPPs The production of this report was funded by PPIAF. @PIAF_PPP 2017