Procuring Infrastructure Public-Private Partnerships 2018 Procuring Infrastructure Public-Private Partnerships Report 2018 Assessing Government Capability to Prepare, Procure, and Manage PPPs Procuring Infrastructure Public-Private Partnerships Report 2018 1 © 2018 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org This work is a product of the staff of The World Bank with external contributions. 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 World Bank Group, to its affiliated organizations, or to members of its Board of Executive Directors or the countries they represent. The World Bank Group neither guarantees the accuracy of the data included in this publication nor 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 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 10 Abbreviations 11 Executive Summary 13 About Procuring Infrastructure PPPs 2018 16 What Does Procuring Infrastructure PPPs 2018 Measure? 18 How Are the Data Collected? 21 The Scope and Limitations of the Assessment 23 Regulatory Frameworks and Institutional Arrangements for PPPs 26 PPP Regulatory Framework 27 Institutional Arrangements 30 Thematic Areas Covered and Scored in Procuring Infrastructure PPPs 2018 33 Preparation of PPPs 34 Assessments of PPPs 37 Fiscal Treatment of PPPs 41 Procurement of PPPs 44 Interactions between the Procuring Authority and Bidders 46 Disclosure of the PPP Procurement Process Results 48 PPP Contract Management 54 Renegotiation or Modification of the PPP Contracts 56 Termination of PPP Contracts 60 Unsolicited Proposals 62 The Regulatory Framework of USPs 64 Competitive Bidding and Minimum Time Limits 66 Conclusions and Next Steps 68 Economy Data Tables 71 Appendix 1. Scoring Methodology 218 Appendix 2. Changes Introduced in Procuring Infrastructure PPPs 2018 225 Appendix 3. Procuring Infrastructure PPPs 2018 Transparency Scores 226 Notes 228 References 231 Bibliography 232 Contributors 234 Procuring Infrastructure Public-Private Partnerships Report 2018 3 4 Foreword Governments around the world have turned to public-private partnerships (PPPs) to design, finance, build, and operate infrastructure projects. While PPPs remain a small proportion of the procurement of infrastructure, they constitute an important channel to attract private sector financing into infrastructure projects. However, lack of government capabilities to prepare, procure, and manage such projects constitutes an important barrier to attracting private sector investments. Procuring Infrastructure Public-Private Partnerships 2018 is designed to help governments improve their PPP regulatory quality. By benchmarking the regulatory frameworks of economies around the world against internationally recognized good practices in procuring PPPs, this assessment identifies areas for improvement in the preparation, procurement, and management of PPPs. Building on the success of Benchmarking Public-Private Partnership Procurement 2017, this year’s edition of the report significantly increases the geographical coverage from 82 to 135 economies. We have worked with a wide range of stakeholders to refine the methodology to more accurately portray PPP environments around the world. Our hope is that this report will inform the policy debate and decision making and will help governments, the private sector, and the international development community better understand the current landscape of PPP regulations. We also hope that the key areas of improvement identified in this report will enlighten future sectoral reforms. The African Legal Support Facility, the Australian Government Department of Foreign Affairs and Trade, the Global Infrastructure Hub (GI Hub), and the Public-Private Infrastructure Advisory Facility co-funded the report. The GI Hub team also provided technical support throughout the preparation of the report. Laurence W. Carter Senior Director Infrastructure, PPPs and Guarantees Group Procuring Infrastructure Public-Private Partnerships Report 2018 5 Acknowledgments Procuring Infrastructure Public-Private Partnerships 2018 is a joint product of the World Bank’s Infrastructure, PPPs and Guarantees (IPG) Group and the Global Indicators Group. It was prepared by a team co-led by Tania Ghossein and Fernanda Ruiz Nuñez under the general direction of Clive Harris, Abha Joshi-Ghani, and Federica Saliola. Members of the core team included Mikel Tejada Ibañez (topic leader), Nasser Alreshaid, Adam Jankowski, Khasankhon Khamudkhanov, Helene Candice Larroque, Svitlana Orekhova and Zeina Traboulsi. The team would like to recognize the active involvement and support of Laurence Carter and Jordan Z. Schwartz. The team would like to offer special thanks to the formal peer reviewers of this report: Jenny Chao, Enzo de Laurentiis, Jeff Delmon, David Duarte, Felipe Goya, Rui Monteiro, Giulia Motolese, Philippe Neves, and Anand Kumar Srivastava. The African Legal Support Facility (ALSF), the Australian Government Department of Foreign Affairs and Trade (DFAT), the Global Infrastructure Hub (GI Hub), and the Public-Private Infrastructure Advisory Facility (PPIAF) co- funded the report. The GI Hub team led by Jack Handford provided technical support throughout the preparation of the report. For more information about the GI Hub, visit www.gihub.org 6 The team is indebted to the following individuals for pro bono feedback and guidance at various stages of the project, particularly during the development of the survey instrument: Daniel Alberto Benitez, Francois Olivier Bergere, Jenny Jing Chao, Jeffrey John Delmon, David Duarte, Felipe Goya, Junglim Hahm, Jay-Hyung Kim, Enzo de Laurentiis, Cledan Mandri-Perrott, Rui Monteiro, Giulia Motolese, Philippe Neves, Daniel Pulido, Victoria Hilda Rigby Delmon, Anand Kumar Srivastava, and Satheesh Kumar Sundararajan (World Bank); Javier Calvo, Carla M. N. Faustino Coelho, Emmanuel B. Nyirinkindi, and Michael Opagi (International Finance Corporation, IFC); Isabel Rial (International Monetary Fund, IMF); Maude Vallee (African Legal Support Facility); Andrew J. Kline and Sonja Walti (American University School of Public Administration); Trevor Lewis (Asian Development Bank); Cao Fuguo (Central University of Finance and Economics, Beijing); Joel Moser (Columbia University School of International and Public Affairs, SIPA); Vishwas Udgirkar (Deloitte India Tohmatsu India Private Limited); Bill Banks (Ernst and Young); Claudine Lim, Jean-Patrick Marquet, and Jordan Tank (European Bank for Reconstruction and Development, EBRD); Chris Blades (European Investment Bank, EIB); Ed Farquharson (European PPP Expertise Centre, EPEC); Marc Frilet (Frilet Societe d’Avocats, United Nations Economic Commission for Europe, UNECE); John Forrer (George Washington University Business School and Trachtenberg School of Public Policy and Public Administration); Deborah DeMasi (George Washington University Law School); Christopher Carrigan (George Washington University Trachtenberg School of Public Policy and Public Administration); Jonathan Halpern (Georgetown University); Jack Handford (Global Infrastructure Hub); Raghav Koshik, Henry Lee (Harvard Kennedy School); Pradeep Singh (Indian School of Business); Alex Katon (InfraCo Africa); Allard Nooy, Prabaljit Sarkar, Jeremy Saw, and Shalabh Singhania (InfraCo Asia Development Pte. Ltd.); James Ballingall (Infrastructure UK); David Bloomgarden, Rocio Medina, Gerardo Reyes-Tagle, and Marcos Siqueira (Inter-American Development Bank); David Baxter (IP3 Institute); Walid Abdelwahab and Fida Rana (Islamic Development Bank); Michael Klein (Johns Hopkins School of Advanced International Studies); Andrés Rebollo (K-Infrastructure); James Stewart (KPMG); David van Slyke (Maxwell School of Public Administration); Anthony Coumidis (McBains Cooper); Stephen Gaull (Millennium Challenge Corporation); Ian Hawkesworth (Organisation for Economic Co-operation and Development, OECD); Richard Abadie and Kylee J. Anastasi (Pricewaterhouse Coopers); Agnes Dasewicz (United States Agency for International Development, USAID); Caroline Nicholas and Joao Ribeiro (United Nations Commission on International Trade Law, UNCITRAL); Geoffery Hamilton (United Nations Economic Commission, UNECE); Lawrence Martin (University of Central Florida); Jacques Gansler (University of Maryland School of Public Affairs); Stephane Saussier (University of Paris-Sorbonne); José Luis Guasch (World Bank and University of California, San Diego); and Nicolas J. Firzli (World Pensions Council). Procuring Infrastructure Public-Private Partnerships Report 2018 7 The team would also like to thank our many other colleagues for their valuable guidance: Anabela Abreu, Gabi G. Afram, Kiran Afzal, Khalid Sulaiman A. Alkhudairy, Jamal Al-Kibbi, Beatrix Allah-Mensah, Saltanat Alymkulova, Bolormaa Amgaabaza, Preeti Arora, Samra Bajramovic, Trichur K. Balakrishnan, Andre A. Bald, Julia Barrera, Paolo Belli, Jyoti Bisbey, David Bot Ba Njock, Mazen Bouri, Thomas Buckley, Odeta Bulo, Erik Caldwell Johnson, Helene Carlsson Rex, Jasmin Chakeri, Antonio L. Chamuco, Cordelia Chesnutt, Brett E. Coleman, Luis Constantino, Elena Corman, Vickram Cuttaree, Laurent Debroux, Joelle Dehasse, Sebastien C. Dessus, Jaime R. Díaz Palacios, Ousmane Dione, Dung Do, Catherine Doody, Arnaud Dornel, Sebastian Eckardt, Fatou Fadika, Eneida Fernandes, Lincoln Flor, Xavier Furtado, Carolin Geginat, Coralie Gevers, Mark Giblett, Andrew Goodland, Mirlinda Gorcaj Llalloshi, Pierre Graftieaux, Errol Graham, Alina Gres, Faris H. Hadad-Zervos, Lira Hariravaka Rajenarison, Mohamadou Hayatou, Wedex Ilunga, Aknur Jumatova, Isfandyar Zaman Khan, Qaiser M. Khan, Dongjin Kim, Maria Deborah Kim, Alexander Kremer, Sashikala Krishani Jeyaraj, Takafumi Kadono, Laura Kullenberg, Sergiy V. Kulyk, Eric R. Lancelot, Bernado Langa, Adja Mansora Dahourou, James Robert Markland, Benjamin McDonald, Carole Megevand, Kouami Hounsinou Messan, Sarah G. Michael, Nadir Mohammed, Jacques Morisset, Peter Mousley, Joyce Msuya, Marta Mueller Guicciardini, Emanuel Salinas Munoz, Martin Naegele, Serah Njere Njoroge, Cristina Isabel Panasco Santos, Cveta Peruseska-Joncevska, Christian Peter, Doina Petrescu, Tu- Oanh Phan, Tatyana Ponomareva, Paul Procee, Idah Z. Pswarayi-Riddihough, Madhu Raghunath, Hadija Rahama Diba Kamayo, Kailash S. Ramnauth, Binyam Reja, Hugh Riddell, Alberto Rodriguez, Pedro Rodriguez, Michel Rogy, Rodrigo Rojo, Abdulmuhsen Saad Alkhalaf, Mehnaz S. Safavian, Hoon Sahib Soh, Yannick Saleman, Mahaman Sani, Shyamala Shukla, Lia Sieghart, Alex Sienaert, Katrina M. Sharkey, Chitambala John Sikazwe, Tamara Sulukhia, Hua Tan, Elvis Teodoro, Thato Thipe, Dr. Maria Vagliasindi, Paul Vallely, Rainer Stefan Venghaus, Thomas A. Vis, Mara K. Warwick, Puteri Natalie Watson, Bernardo Weaver Barros, Gregor Wolf Namoos Zaheer, and Johannes Zutt. 8 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: Rodrigo Ajenejo, Duygu Baci, Salomee Bohbot, Ify Bozimo, Vanessa Cervello Ferrando, Rayan Charara, Paloma Cipolla Moguilevsky, Ivana Dahl, Sania Durvesh, Anuraag Gupta, Cristina Gutierrez, Kay Hechaime, Kevin Jung, Libba King, Man Yik Lau, Yucheng Liu, Yasmin Mansour, Natacha Massih, Thomas Montenegro, Elizabeth Anna Resch, Christian Ruberwa, Ashwini Sahu, Saurya Siryal, Jie Song, Patricia Vallejos, Susan Yin, Verena Walther, Jiachen Wang, Anran Yu, and Leticia Zecca. The Procuring Infrastructure PPPs 2018 website is managed by Hashim Zia and Geoffrey Alan Shott, while its online database is managed by Varun V. Doiphode and Fengsheng Huang. The report’s media and outreach strategy is managed by Cara Santos Pianesi. The team includes Yelena (Lena) Osipova and Jixuan (Lylia) Li. The report was edited by Nancy Morrison and designed by a team at Base Three LLC, led by Dania Kibbi and Marianne Siblini. Procuring Infrastructure PPPs 2018 would not have been possible without the generous contributions of a network of more than 1000 local PPP legal experts, private sector operators, academics, government officials, and other professionals routinely administering or advising on PPP procurement processes in the 135 economies surveyed. The names of those wishing to be acknowledged individually are listed at the end of the report and are made available on http://bpp.worldbank.org. Procuring Infrastructure Public-Private Partnerships Report 2018 9 Glossary Financial model An analytical tool that allows the user to assess the financial robustness of the project by representing its expected financial performance, including cash flows and returns. Not to be confused with a financial proposal. Market sounding and/or assessment A procedure that assesses potential interest from financiers and contractors, providing insight into the likely level of market interest and providing the procuring authority with an opportunity to adjust the project scope if necessary to ensure private sector participation and improve competition. Material Adverse Government Action Any act or omission by the procuring authority or other relevant authority that occurs during the term of the public-private partnership (PPP) contract and that has a material adverse effect on the ability of the private partner to comply with any of its material obligations under this PPP contract and/or the cost or the profits arising from such performance. 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 purposes of this survey, this definition applies irrespective of the terminology used in the particular country or jurisdiction. Procuring authority Any public entity that engages in public procurement in accord with the national or local procurement regulatory framework. PPP Unit Specialized government entity or team that is responsible for facilitating the PPP program. Regulatory framework Encompasses all laws, regulations, policies, binding guidelines or instructions, standard PPP contracts, 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 to all stakeholders, enforced in similar ways to laws and regulations, and 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 action to deliver public services. The “regulatory framework” includes but is not limited to those laws, regulations, policies, and the like dealing with PPPs (procurement of PPPs may be governed by the general procurement framework). Project company A company specifically formed to undertake a specific project (in this case the PPP project), also known as a special purpose vehicle (SPV), special purpose company (SPC), or special purpose entity (SPE). Unsolicited proposals (USP) Proposal made by a private party to undertake a PPP project, submitted at the initiative of the private firm, rather than in response to a request from the government. 10 Abbreviations EAP East Asia and Pacific (region) ECA Europe and Central Asia (region) LAC Latin America and the Caribbean (region) MENA Middle East and North Africa (region) OECD Organisation for Economic Co-operation and Development PPIAF Public-Private Infrastructure Advisory Facility PPP public-private partnership RFP request for proposals SDGs Sustainable Development Goals SPV special purpose vehicle SAR South Asia (region) SSA Sub-Saharan Africa (region) USP unsolicited proposals Procuring Infrastructure Public-Private Partnerships Report 2018 11 12 Executive Summary Governments around the world have turned to public-private partnerships (PPPs) to design, finance, build, and operate infrastructure projects. Government capabilities to prepare, procure, and manage such projects are important to ensure that the expected efficiency gains are achieved. Procuring Infrastructure PPPs 2018 assesses the regulatory frameworks and recognized good practices that govern PPP procurement across 135 economies, with the aim of helping countries improve the governance and quality of PPP projects. It also helps fill the private sector’s need for high-quality information to become a partner in a PPP project and finance infrastructure. Procuring Infrastructure PPPs 2018 builds on the success of the previous edition, Benchmarking PPP Procurement 2017, refining the methodology and scope based on guidance from experts around the world, as well as expanding its geographical coverage. The report is organized according to the three main stages of the PPP project cycle: preparation, procurement, and contract management of PPPs. It also examines a fourth area: the management of unsolicited proposals (USPs). Using a highway transport project as a guiding example to ensure cross-comparability, the report analyzes national regulatory frameworks and presents a picture of the procurement landscape at the beginning of June 2017. Several trends emerge from the data. The higher the income level of the group, the higher the performance in the assessed thematic areas. Preparation and contract management are the areas that have the most room for improvement across all income level groups (Figure ES1). Performance varies greatly by region. The high-income economies of the Organization for Economic Cooperation and Development (OECD) and the Latin American and Caribbean regions perform at or above the average in all thematic areas. In contrast, Sub-Saharan Africa and the East Asia and Pacific region have the lowest average scores across thematic areas. Contrary to popular perception, stand-alone PPP laws are not significantly more frequent in civil law countries than in common law countries. While 72 percent of civil law economies surveyed had stand-alone laws, 69 percent of common law countries did, as well. However, there are some interesting regulatory trends across regions. The majority of OECD high-income countries regulate PPPs as part of their general procurement law. Europe and Central Asia and Latin America and the Caribbean have the largest proportion of economies adopting stand-alone PPP laws. Meanwhile, the Latin America and Caribbean region has undergone two waves of regulatory reforms: first by adopting concessions laws in the 1980s and 1990s on a large scale, and more recently through an ongoing series of PPP reforms. The creation of PPP units is a common trend to support the development of PPPs. As many as 81 percent of the assessed economies have a dedicated PPP unit, which, in most economies, concentrates on promoting and facilitating PPPs. In 4 percent of the economies, however, the PPP unit takes a prominent role in the development of PPPs and acts as the main (or exclusive) procuring authority. Procuring Infrastructure Public-Private Partnerships Report 2018 13 Figure ES1 Procuring Infrastructure PPPs 2018 average scores by income group (score 1–100) 100 90 80 70 65 57 60 52 Score 50 46 40 77 30 63 66 64 63 58 58 57 53 48 52 54 20 44 47 47 39 10 0 High-income Upper-middle-income Lower-middle-income Low-income Preparation Procurement USP Contract Management Average Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: USP = unsolicited proposal. Despite the importance of an appropriate consideration of the fiscal implications of PPPs, this is still an uncommon practice. During the preparation of PPPs, the approval by the Ministry of Finance to ensure fiscal sustainability is not required in 19 percent of the surveyed economies. Moreover, only around one-third of the economies have regulations concerning the accounting and/or reporting of PPPs, and even fewer have introduced some type of regulatory provision regarding the budgetary treatment of PPPs. A sound appraisal of the project is crucial to bringing quality projects to the market. However, less than one-third of these economies have adopted specific methodologies that ensure consistency across projects. An even smaller percentage make those assessments available online. In turn, the private sector often reports a lack of quality projects in the pipeline as a constraint to invest in infrastructure. Most economies perform relatively close to recognized good practices in the procurement phase, yet there is still room for improvement. Transparent interaction between the bidders and the procuring authority helps bidders better understand and fulfill the needs of the procurement authority. While most economies allow bidders to submit clarifying questions during tendering, 14 percent of all economies do not require the answers to be disclosed to the rest of the bidders. Only about half (55 percent) of economies hold pre-bid conferences, and most of them allow information from the conferences to be disclosed. Once the private partner has been selected, it is considered good practice to share both the results and the grounds for selection of the winning bidder. While all the OECD high-income economies in the survey require such disclosure, some regions, including South Asia, fall short in this area. 14 Improvements are still needed in PPP contract management. Given the long-term nature of PPPs, the need for renegotiations may arise, but certain limitations are required to prevent opportunistic behavior by participants. Fifteen percent of the economies do not even address PPP contract renegotiation in their regulatory frameworks. Thirty-one percent consider it a contractual issue, yet do not use standardized contracts to preserve consistency. When contracts must be terminated before the pre-agreed duration, the grounds for termination and its consequences should be specified to reduce contractual risks. However, 35 percent of economies do not regulate either of the issues. Unsolicited proposals (USPs) need to be properly regulated to prevent nontransparent behavior. A significant number of economies explicitly allow for (57 percent) or prohibit them (3 percent). However, 10 percent of the assessed economies do not regulate USPs, but USPs still take place in practice. This percentage is the highest in the East Asia region (20 percent). The lack of clarity and transparency in the treatment of USPs may lead to projects that yield low value for money. Moreover, when a competitive process is followed for a USP, in 48 percent of the economies, bidders are granted a minimum time to submit their bids that is shorter than for a PPP that is not originated as a USP. In another 34 percent, the minimum time is not even defined. Most economies adhere to international good practices in terms of disclosure of information to the public in the procurement phase, but do not adopt such disclosure practices during the preparation phase and contract management. Among the assessed economies, it is common practice to publish and make available online the PPP public procurement notice and the award notice. However, only 48 percent of economies publish the PPP contracts during the procurement phase, and even fewer (30 percent) publish any amendments. Publication of project assessments and tender documents online leads to a greater predictability of the pipeline project quality. However, many economies still do not comply with this practice. Only 22 percent of the economies surveyed publish PPP proposal assessments online, while 60 percent publish PPP tender documents. Moreover, only one-third of the economies have developed standardized PPP model contracts. Making performance information available to the public increases accountability of all the stakeholders and is crucial to promote transparency. However, few economies make this information public. Transparency ensures that the project delivers the expected outcomes and quality services. However, only a small fraction (13 percent) of the economies surveyed allow public access to the system for tracking progress and completion of construction works under a PPP contract. Only 10 percent have established an online platform for this purpose. Similarly, only a handful of the procuring authorities (14 percent) allow the public to track contract performance through a designated online platform or by posting the updated documentation online. Procuring Infrastructure Public-Private Partnerships Report 2018 15 About Procuring Infrastructure PPPs 2018 Robust and reliable infrastructure is a key driver of economic growth and improved standards of living.1 Public infrastructure such as roads, railways, bridges, tunnels, water supply, sewers, and electrical grids are essential elements in all societies, providing connectivity and creating networks that facilitate business and remove barriers in access to jobs, markets, information, and basic services. Yet every region of the world faces a chronic infrastructure gap. In order to address this gap, governments around the world have turned to public-private partnerships (PPPs) to design, finance, build, and operate infrastructure projects, while also addressing budgetary constraints.2 While there is no standard, internationally accepted definition of PPPs, the term denotes “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 has management responsibility.”3 While PPPs are not inherently superior to traditional methods of procuring infrastructure, they possess a set of traits that may make them more suitable for certain projects. Among those traits are a usually long- term relationship among partners; an orientation toward providing appropriate services; and bundling several stages of the project together for more effectively controlling costs and deadlines and permitting the government to focus on its core tasks.4 From expanding safe drinking water access in Somalia to improving road conditions in land-locked Uganda, PPPs have been providing tangible benefits to people’s lives in countless ways.5 16 As emphasized by the United Nations’ Sustainable Development Goals (SDGs), investment in quality infrastructure is crucial to achieving sustainable development and empowering communities around the world.6 Moreover, under the aegis of the SDGs, the development agenda offers an opportunity to think more broadly about the role of PPPs in increasing investment in quality infrastructure. One of the targets of the SDGs is to “encourage and promote effective public, public-private and civil society partnerships, building on the experience and resourcing strategies of partnerships.”7 Thus, reforms of the regulatory framework specific to PPPs have been implemented around the globe as economies’ leaders have recognized that the “enabling of fair and transparent PPP legislation is vital to the development of a market economy.”8 Furthermore, it has been well documented by academics and multilateral organizations that creating a clear legal framework and solid institutional basis is a “critical success factor” for PPP projects.9,10 Currently, inefficient and corrupt procurement not only stalls the completion of infrastructure projects but also lowers the quality of infrastructure. Moreover, the design of the procurement process itself affects the ability of governments to take full advantage of the potential benefits of PPPs for delivering infrastructure. This includes their ability to identify which projects are best done as PPPs and to manage contracts in a transparent and effective way. Benchmarking PPP Procurement was initiated in 2015 with the preliminary goal of supporting a better policy-making process by highlighting key aspects of an economy’s regulatory framework for procuring PPPs. The exercise was inspired by the methodology of the World Bank Group’s Doing Business report, which assesses the business climate in 190 economies and has a track record of leveraging more than 3,000 reforms to date. Procuring Infrastructure PPPs 2018 is a continuation of Benchmarking PPP Procurement 2017, scaling up from 82 to 135 economies. It expands upon the 2017 edition by meticulously evaluating the laws and regulations of 135 economies against globally recognized good practices, to offer data to help governments assess the performance of their procurement systems for PPPs, deliver a unique information tool for the private sector and civil society, and fuel academic research in an emerging field. More importantly, the Procuring Infrastructure PPPs 2018 exercise aims to help governments and others identify areas for reform to achieve more transparent, competitive, and efficient PPP procurement systems and, where appropriate, increase private sector participation in infrastructure and service delivery. Procuring Infrastructure Public-Private Partnerships Report 2018 17 What Does Procuring Infrastructure PPPs 2018 Measure? Since launching the report in 2015, the Procuring Infrastructure PPPs team has relied on cutting-edge research on the latest PPP practices around the world, as well as frequent consultations with PPP experts in various economies. As an initial step, the team conducted an extensive literature review to firmly document internationally accepted good practices, as well as understand challenges that governments and private companies face when entering into a PPP project (see Bibliography). The team also consulted with the project’s Expert Consultative Group (ECG), which includes seasoned PPP specialists, academics, and individuals from the private sector. By supplementing the extensive literature with the consultations, the team was able to refine the 2018 survey, ultimately producing a set of questions that comprehensively measure global PPP good practices and enable robust cross-economy analysis. Thematic Coverage Procuring Infrastructure PPPs provides an analysis of 135 economies with questions pertaining to the procurement of PPPs. The survey instrument includes 55 major questions organized in four thematic areas: preparation, procurement, contract management, and a special module on unsolicited proposals (USP). The questions in the survey were selected and developed taking into account the most recent developments in academic literature and with the guidance of the ECG. The report, reflecting the content of the survey instrument, is organized in five areas: ››Regulatory and institutional framework for PPPs: This section introduces the report and seeks to identify the extent to which regulations in various economies address PPPs. It presents the various approaches adopted around the world to regulate PPPs. It also attempts to understand the general components of the institutional framework for PPPs, such as who the procuring authorities are or if a specific PPP unit or other government agency exists with similar functions. 18 ››Preparation of PPPs: This section covers the period and activities that inform the decision of whether to launch a PPP procurement process. This portion of the survey explores whether the identification of a prospective PPP project happens within the broader context of public investments, consistent with other government priorities. It also examines the different types of assessments and the methodologies used to set the rules for these assessments. Furthermore, it considers other activities undertaken before publishing the public tender notice, such as preparing the draft contract and tender documents and obtaining land and permits, that lead to the procurement of the PPP project. ››Procurement of PPPs: This section concentrates on the process for selecting a private partner to take on the responsibility of developing the PPP project. While this section covers a range of topics, it focuses on whether distinct legal and regulatory frameworks around the globe adhere to recognized good practices in terms of choosing the private partner. The major themes covered in this section include the fairness, neutrality, and transparency of the process, as well as specific requirements regarding matters related to lack of competition. ››PPP contract management: This section assesses the contract management framework in place to facilitate the implementation of PPP projects, as well as the existing monitoring and evaluation systems. It also examines the regulatory provisions regarding PPP contract modification and renegotiation, dispute resolution, lender step-in rights, and termination of contracts. ››Unsolicited proposals (USPs) for PPPs: This section begins by defining whether the legal and regulatory framework specifically allows or prohibits the submission of USPs and whether they take place in practice. If pertinent, it also delves into whether a specific process is in place to evaluate the feasibility of the USP and its alignment with other government priorities. This section also inquiries about the specific compensation mechanisms in place for USPs, as well as whether a competitive process is required to select the private partner for the PPP project. Geographic Coverage Procuring Infrastructure PPPs 2018 covers 135 economies. In addition to the 82 countries assessed during Benchmarking PPP Procurement 2017, this year’s edition includes all emerging markets and developing economies that have had at least one infrastructure PPP project in the last five years. In addition, 18 OECD (Organization for Economic Cooperation and Development) high-income economies were included to have a better representation worldwide. The 135 economies cover seven World Bank Group regions: 15 in East Asia and Pacific (EAP); 21 in Europe and Central Asia (ECA); 18 in Latin America and the Caribbean (LAC); 12 in Middle East and Africa (MENA); 6 in South Asia (SAR); 34 in Sub-Saharan Africa (SSA); and 29 in OECD high-income economies (Figure 1). Procuring Infrastructure Public-Private Partnerships Report 2018 19 Figure 1 Economies covered in Procuring Infrastructure PPPs 2018 East Asia Cambodia China Myanmar Papua New Guinea Timor-Leste Tonga and Pacific Indonesia Philippines Vietnam Lao PDR Singapore Malaysia Solomon Islands Mongolia Thailand 15 economies Albania Kazakhstan Russian Federation Europe Armenia Kosovo Serbia Azerbaijan Kyrgyz Republic Tajikistan and Central Asia Belarus Lithuania Turkey Bosnia and Herzegovinaa Macedonia, FYR Ukraine Bulgaria Moldova Croatia Montenegro 21 economies Georgia Romania Latin America Argentina Brazil El Salvador Guatemala Nicaragua Panama and Caribbean Colombia Haiti Paraguay Costa Rica Honduras Peru Dominican Rep. Jamaica Trinidad & Tobago Ecuador Mexico Uruguay 18 economies Middle East Algeria Djibouti Lebanon Morocco and North Africa Egypt, Arab Rep. Qatar Iraq Saudi Arabia Jordan Tunisia Kuwait United Arab Emiratesb 12 economies South Asia Afghanistan Bangladesh India Nepal Pakistan Sri Lanka 6 economies Angola Côte d'Ivoire Mali Somalia Benin Eritrea Mauritius South Africa Sub-Saharan Botswana Ethiopia Mozambique Sudan Africa Burkina Faso Burundi Gabon Ghana Niger Nigeria Tanzania Togo Cameroon Guinea Rwanda Uganda Chad Kenya Senegal Zambia Congo, Dem. Rep. Madagascar Sierra Leone Zimbabwe 34 economies Congo, Rep. Malawi Australiac Finland Korea, Rep. Spain OECD Austria France Latvia Sweden Belgium Germany Netherlands Switzerland high-income Canada Greece New Zealand United Kingdom Chile Hungary Poland United Statesd Czech Rep. Ireland Portugal Denmark Italy Slovak Republic 29 economies Estonia Japan Slovenia a. Sarajevo Canton | b. Emirate of Dubai | c. State of New South Wales | d. Commonwealth of Virginia Note: Procuring Infrastructure PPPs 2018 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 Procuring Infrastructure PPPs 2018 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. 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, Bosnia and Herzegovina, United Arab Emirates, and the United States, the focus is on subnational units (the State of New South Wales, the Sarajevo Canton within the Federation of Bosnia and Herzegovina, the Emirate of Dubai, and the Commonwealth of Virginia, respectively). PPP = public-private partnership. 20 How Are the Data Collected? Survey Contributors The standardized questionnaire that generated the data for Procuring Infrastructure PPPs was distributed to approximately 13,000 contributors in the 135 economies included in the report. Data collection, analysis, and validation spanned six months, and ended in November 2017. Once the initial data collection was done, the team conducted a follow-up round of questions via conference calls and written correspondence to address and resolve any contradictions or discrepancies in the data provided by various contributors. The preliminary data were finalized and then shared with the economy’s respective governments or the World Bank Group’s Country Management Unit (CMUs) for final validation. The standardized questionnaire was distributed to practitioners who have a wealth of knowledge related to PPP systems. Respondents were selected on the basis of their experience and their availability to contribute meaningfully to the questionnaire. The report’s main contributors were law firms that have experience advising clients on PPP transactions, laws, and regulations; public officials involved with PPP processes and transactions; chambers of commerce; consultants; and academics knowledgeable about PPPs. The following sources were utilized to identify the appropriate pool of contributors: ›› International guides, such as Chambers and Partners guides, the International Financial Law Review (IFLR), The Legal 500, Martindale-Hubbell, HG Lawyers’ Global Directory, Who’s Who Legal Directory, and Lexadin, as well as country-specific legal directories. The guides allowed the team to identify leading providers of legal services, including their specialization, in each economy. ›› Majorinternational law and accounting or consulting firms that have large, well- connected global networks through partner groups or foreign offices. ›› Members of the American Bar Association, country bar association, and chambers of commerce, as well as other legal membership organizations. ›› Government organizations that undertake PPPs, such as Ministries of Finance, PPP procuring authorities, and specific PPP units. ›› Secondary resources and professional service providers recommended by World Bank staff, as suggested by embassy websites and business chambers. Lawyers and professional service providers are in an ideal position to provide input for the questionnaire because they can draw upon their extensive experience advising clients, as well as their exposure to recent PPP transactions. Including PPP experts from various sectors of the economy helps ensure the accuracy of the survey’s data by decreasing the chance of potential biases held by various contributors. Furthermore, including both the public and private sectors helps shed light on the views and insights of the various contributors involved in the PPP procurement process. Procuring Infrastructure Public-Private Partnerships Report 2018 21 Standardized Data and Comparability Standardized and comparable data are invaluable for valid cross-economy analysis, which is the central principle of Procuring Infrastructure PPPs 2018. The unique pool of questions used in the questionnaire was sent to each contributor in every economy covered. Moreover, the contributors were referred to a case study for the transportation sector (highways) with standard assumptions to ensure comparability across surveys (Box 1). The use of a standard case study makes data collection easily replicable across economies and can make up for deep structural gaps between economies, which could jeopardize cross-economy contrasts. In addition, the hypothetical case study can be easily applied to an extended set of economies in a seamless manner. Box 1. Case study assumptions ›› The private partner (the project company) is a special purpose vehicle (SPV) established by a consortium of privately owned firms that operate in the surveyed economy. ›› The procuring authority is a national/federal authority in the surveyed economy that a is planning to procure the design, building, financing, operation, and maintenance of, for example, a national/federal infrastructure project in the transportation sector (such as a highway) with an estimated investment value of US$150 million (or the equivalent in your local currency) funded with availability payments and/ or user fees. ›› To this end, the procuring authority initiates a public call for tenders, following a competitive PPP procurement procedure. Except for Australia, Bosnia and Herzegovina, United Arab Emirates, and the United States, where the focus is a.  on subnational units (the State of New South Wales, the Sarajevo Canton within the Federation of Bosnia and Herzegovina, the Emirate of Dubai, and the Commonwealth of Virginia, respectively). Aggregating the Data and Scoring The Procuring Infrastructure PPPs 2018 data are aggregated by the following four thematic areas: PPP preparation, PPP procurement, PPP contract management, and USPs. The PPP practices and regulatory frameworks currently recognized as international good practice and in place in the respective economy are the sole areas that are scored and aggregated on the thematic level. Other data collected are used in the report for their value in providing context. The scoring methodology, accessible in Appendix 1, assigns identical weights to all the benchmarks reviewed in the survey. The possible scores range from 0 to 100. The economies with the highest scores, nearing 100, are considered to have a PPP framework that is closely aligned with international PPP good practices. By contrast, the economies with scores at the bottom (nearing 0) have considerable room for improvement because they do not adhere to international PPP good practices as recognized by this report. While each economy’s scores for the four thematic areas appear in the “Economy Data Tables” section in the end of this report, each of them should be assessed individually. Finally, while only the data points scored are presented in the country data tables, all the information collected during the implementation of the survey is publicly available on the project’s website: http://bpp.worldbank.org. 22 It is important to note that a significant number of changes were made in the survey instrument between the Benchmarking PPP Procurement 2017 and Procuring Infrastructure PPPs 2018 exercises. The 2017 edition was a pilot; thus, comments were received during data gathering and assessment and after the release of the report. Those comments were incorporated to clarify the formulation of questions, as well as to cover areas that were overlooked in the report. Those changes had consequences in the scoring. Some questions that were scored in the Benchmarking PPP Procurement 2017 were reformulated, and additional questions were included that are scored in the 2018 edition. This implies that the scores of these two editions are not comparable and changes in the scoring are in most cases due to methodological changes and unrelated to regulatory changes. Additional questions introduced and reformulated questions scored in this edition are identified in Appendix 2.11 The Scope and Limitations of the Assessment Understanding the scope of the data utilized in this report is important to interpreting the report’s content. The data have both strong and weak points, which readers should keep in mind. The procurement of PPPs can be carried out at different levels of governments within each economy and is sometimes carried out along sectoral lines. While the report recognizes the complexity of the process, because of limited resources, it examines only those PPPs in which the procuring authority is either national or federal. However, in Australia, Bosnia and Herzegovina, United Arab Emirates, and the United States, the study focuses on the subnational level, measuring the State of New South Wales, the Sarajevo Canton within the Federation of Bosnia and Herzegovina, the Emirate of Dubai, and the Commonwealth of Virginia, respectively. This approach was adopted to address the fact that federal governments in these economies have limited authority regarding infrastructure; this limitation, along with particular constitutional arrangements, make it unfeasible to evaluate the development of PPPs at the national or federal level. The specifics of each of these four cases are discussed in the description of the corresponding regulatory framework available in the project website: http://bpp.worldbank.org. The regulatory framework to procure PPPs may also differ across sectors, but it is not possible to design a survey that spans all possible types of PPP projects. While most of the answers to the questionnaire may apply to all sectors, the contributors are referred to a case study for the transportation sector (highways) to ensure comparability across surveys (Box 1). Procuring Infrastructure Public-Private Partnerships Report 2018 23 Procuring Infrastructure PPPs 2018 follows the World Bank definition of PPPs12 and applies that definition irrespective of the terminology used in the particular economy or jurisdiction (whether PPPs or concessions). In economies where generally applicable and separate regimes exist for concessions (most often defined as user-pay systems) and PPPs (most often defined as government-pays projects), both regimes were evaluated and scored separately to ensure accuracy. The following dual-regime economies were scrutinized for the purposes of this report: Argentina, Brazil, Costa Rica, France, Mauritius, Niger, Senegal, Togo, and Russian Federation. The specifics of each of these cases are further discussed in the description of the corresponding regulatory framework available in the project website: http://bpp.worldbank.org. The assessment of Procuring Infrastructure PPPs 2018 is based mostly on the regulatory framework in place for the procurement of PPPs. Most questions included in the survey capture the characteristics of laws and regulations that govern PPP procurement. The report, however, adopts a broad understanding of what constitutes the PPP regulatory framework to include any applicable legal texts and other binding documents (PPP policies and PPP standardized transaction documents and contracts), as well as judicial decisions and administrative precedents regarding the process of procuring PPPs.13 This broad understanding of the PPP regulatory framework helps prevent, to the extent possible, any bias toward a particular legal system (civil law versus common law) or formal configuration of the regulatory framework for PPPs. To complement the information that is referenced in legal documents, Procuring Infrastructure PPPs 2018 also captures instances in which economies adhere to recognized good practices on a regular basis, in the contributors’ opinion, even if those practices are not based on regulations. The assessment thus differentiates between those economies adhering to internationally recognized good practices with and without a regulatory basis. In addition, for a selected set of questions, the survey aims to capture the extent to which the regulatory framework in place for PPPs in each economy is respected in practice. This type of questions covers contributors’ perceptions, based on their exposure to and experience with similar PPP projects. For most economies, however, given the already limited number of expert contributors, the pool of contributors that provided information fell short of constituting a representative sample. Consequently, the assessment, particularly when referring to contributors’ perceptions, must be understood in the context of this limitation. It is important to note that Procuring Infrastructure PPPs 2018 does not assess individual PPP projects and contracts on a regular basis or treat them as a source of information. The assessment relies mostly on the input provided by the expert contributors. For answers based on regulatory references, the team also crosschecked the information provided with the referenced regulations and followed up with contributors whenever contradictions were identified. 24 In an effort to keep the report concise, this report does not cover all the regulatory challenges related to PPP procurement and does not consider the capacity of implementing agencies as demonstrated by staffing numbers and other related factors. Moreover, some issues that matter greatly to firms and policy makers, such as macroeconomic stability and the prevalence of corruption in an economy, are not captured in the survey, despite their importance. While Procuring Infrastructure PPPs 2018 provides an overview of the way regulatory frameworks in different economies address issues that are important to develop PPPs adequately, some relevant factors are not captured. Consequently, Procuring Infrastructure PPPs 2018 cannot be considered a complete and full assessment that provides a straightforward classification of economies based on their capability to procure PPPs. Furthermore, since the data were compiled in a rather short time frame, the relevant legal and regulatory provisions noted in the report reflect a particular moment in time. Thus, readers should note that the legal situations may have changed. Specifically, data were collected for Procuring Infrastructure PPPs 2018 with June 1, 2017 as the cutoff date. Thus, any regulatory reforms enacted and any practice adopted since this date are not taken into consideration in this year’s report. Finally, the report and the data points are meant to be “actionable” to lawmakers and governments because the respective economy’s body of law and regulations is well within the sphere of influence of policy makers and able to be amended. Consequently, the report highlights relevant regulatory aspects of PPP legal frameworks in the hope that the governments of the respective economies will seize the opportunity to design reform agendas. However, given the limitations discussed, the report does not attempt to “rank” economies by their capability to procure PPPs. Procuring Infrastructure Public-Private Partnerships Report 2018 25 Regulatory Frameworks and Institutional Arrangements for PPPs This first section presents a brief overview of the regulatory and institutional arrangements that govern public-private partnership (PPP) projects. Procuring Infrastructure PPPs 2018 covers a wide range of economies with different legal, regulatory, and institutional systems. While this information is critical to inform all relevant stakeholders and guide them in their decision-making process, the Procuring Infrastructure PPPs 2018 indicator does not advocate for a specific approach that policy makers should take to set up the regulatory and institutional frameworks for PPPs. Consequently, it does not score economies differently based on what regulatory configuration they adopt. On the contrary, the objective of this initiative is precisely to provide contextual information as well as examine PPP regulatory and institutional frameworks on a much more granular level. 26 PPP Regulatory Framework There is no single prescriptive way of regulating PPPs. Governments have used different approaches and this assessment does not presume that one particular legal configuration is preferable to another. Economies around the world have different legal systems, which could affect the type of PPP regulatory framework they adopt. Whereas civil law economies are generally characterized by codified statutes and regulations, common law economies are traditionally less reliant on them. Legal precedents, judicial rulings, or contracts are instead expected to govern PPP projects in common law economies, and thus these economies could be less likely to adopt stand-alone PPP laws. While a wide discrepancy between the two major legal systems might be expected, the data surprisingly show merely a minor difference in the proportion of economies with stand-alone PPP laws and regulations between common law and civil law economies (69 percent and 72 percent, respectively) (Figure 2). Figure 2 Stand-alone PPP laws worldwide, by legal system and region (percent, N = 135) 100 5% 90 17% 31% 28% 27% 32% 32% 33% 80 42% 70 59% 60 Percent 50 95% 40 83% 72% 68% 69% 73% 30 68% 67% 58% 20 41% 10 0 Worldwide Common Civil ECA LAC EAP SSA SAR MENA OECD law law high- economies economies income Legal systems Regions Stand-alone PPP laws or regulations PPPs regulated in general procurement laws or regulations Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: ECA = Europe and Central Asia; EAP = East Asia and Pacific; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; PPP = public-private partnership; OECD = Organisation for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa. In the 68 percent of economies that have enacted a stand-alone PPP law, some regional variation emerges. Eastern Europe and Central Asia (ECA) and Latin America and the Caribbean (LAC) have the largest proportion of economies adopting a stand-alone PPP law or regulation (95 percent and 83 percent, respectively), while in the Middle East and North Africa (MENA) this proportion is just 58 percent. Interestingly, the majority of high-income member countries of the Organization for Economic Co-operation and Development (OECD) do not follow this trend. Instead, PPPs are mostly regulated as part of their general procurement laws and regulations. This appears to reflect regionally driven regulatory preferences and possibly the use of PPP stand-alone laws to fill regulatory “gaps.” Notably, the Latin American and Caribbean region undertook a wave of reforms in the 1980s and 1990s adopting concessions laws, and a second wave of reforms adopting PPP laws that is ongoing. On the other hand, instead of adopting individual regulation for PPPs, economies in the European Union have more commonly integrated the regulation of PPPs as one type or modality of public procurement. Procuring Infrastructure Public-Private Partnerships Report 2018 27 Following the definition of PPPs used by the project, this categorization is independent of the legal terminology used in a particular economy or jurisdiction to denominate PPPs. For example, Chile uses the legal term “concessions,” but in the above categorization is considered to have a stand-alone PPP law. On top of this, however, there is a set of economies that have two alternative separate regimes for PPPs and concessions, independently of whether they regulate PPPs in stand-alone law and regulations or within the broader context of public procurement. This is the case in Argentina, Brazil, Costa Rica, France, Mauritius, Niger, Russian Federation, Senegal, and Togo (6 percent of the assessed economies). There are significant nuances in the distinction between economies with stand-alone PPP laws and those that use their public procurement laws and regulations to enact PPPs. For example, in Canada, Georgia, India, the Netherlands, New Zealand, and the United Kingdom, PPPs are governed by the same laws and regulations as public procurement, but those economies have developed specific guidelines for the preparation of PPPs as well as standard PPP contracts. Botswana, Ghana, and Nigeria have not yet adopted a stand-alone PPP law, but have developed PPP policies that guide the application of the general procurement framework for PPPs. Among the economies that have adopted stand-alone PPP laws, Colombia, Greece, the former Yugoslav Republic of Macedonia, and Portugal use them only to regulate particular aspects relevant for PPPs and refer to the general procurement laws and regulations for other matters. In Germany, the adoption of a specific PPP law introduced reforms in the existing general procurement laws and regulations that were amended to also regulate the procurement of PPPs specifically. In Azerbaijan, Honduras, and Mali, the PPP stand-alone law expressly excludes the application of the general public procurement laws and regulations for PPPs. While having a stand-alone PPP law can add clarity to the regulatory framework for the development of PPPs, it is not a guarantee of success. In a similar light, though having a stand- alone PPP law generally has a positive impact on a country’s PPP program, the lack of a stand- alone PPP law will not mean a country cannot have a successful program. For example, while a stand-alone PPP law can simplify the regulatory framework, it may also generate legal vacuums if other public procurement regulations do not apply and create uncertainties if introducing inconsistencies with existing legislation. Moreover, the details of each particular PPP should be regulated in the PPP contract. Thus, any of the described legal configurations could be equally successful in creating an adequate environment for the development of PPPs as long as the relevant elements are covered. While some economies have launched important PPP programs based on a stand-alone PPP law (for example, Colombia and the Philippines), many of the economies with more mature PPP markets rely on general regulations complemented by specific PPP guidelines (for example, Australia and the United Kingdom). This is why instead of focusing on the particular legal configuration, Procuring Infrastructure PPPs 2018 focuses on the alignment of specific elements of the framework in a particular country with recognized international good practices. 28 Between January 1, 2016 and June 1, 2017, 64 of the 135 economies assessed undertook some type of regulatory reform affecting the PPP regulatory framework. In 76 economies, reforms were ongoing and/or are planned after the cutoff date of this report (June 1, 2017). While most of the regulatory reforms have limited impact on this assessment, recent major reforms confirm the trend to regulate PPPs with stand-alone PPP laws. For example, Afghanistan, Argentina, and Pakistan have recently enacted new stand-alone PPP laws. Other economies, such as Madagascar, have complemented previously adopted laws with detailed regulations. A few of the most prominent reforms to the PPP regulatory framework undertaken since the publication of the previous edition of this report are discussed in Box 2. Box 2 Several recent prominent PPP regulatory framework reforms Afghanistan: The new PPP Law (approved by Presidential Decree No. 103) and the National Policy on Public Private Partnerships, 2017 published by the Central Partnership Authority were enacted specifically to regulate PPPs in Afghanistan. This new framework aims to establish an enabling environment to attract investment in PPPs that can help Afghanistan face such issues as the “lack of infrastructure, congestion and delays in implementing development projects, overreliance on foreign aid, and poor service delivery.” Transparency, accountability, value for money, and affordability are among the principles promoted by the new framework that for example requires using “comprehensive reviews and specific evaluation criteria…to select projects for PPP procurement and to identify the preferred bidder for each project.”a Argentina: The new Public-Private Partnership Agreements Law 27,328 and its regulatory decree, Decree No. 118/2017, were approved with the aim of easing and promoting an adequate institutional framework for private investment in infrastructure and services. Among the relevant issues regulated by this new law are the option of establishing alternative dispute resolution mechanisms, including international arbitration, and a more detailed regulation of PPP contract assignment.b However, this new framework creates a new regime outside the scope of the existing regulation of administrative contracts (including concessions), and therefore introduces two alternative avenues to undertake PPPs. This new stand-alone PPP law neither revokes nor replaces the preexisting concession regime. While preserving preexisting regimes for PPPs can add flexibility, it can also diminish clarity and add to the opacity of the regulatory framework, which may in turn provide room for opportunistic behavior. Madagascar: While the PPP Law was approved in 2015, its provisions lacked the level of detail to provide a comprehensive PPP framework. In 2017, two decrees that govern the implementation of the PPP Law were adopted: Decree 2017-149, regarding procurement modalities of PPP contracts; and Decree 2017-150, detailing the institutional framework of PPPs. Among the areas newly covered by these decrees are the requirement to prepare a draft PPP contract, an express specification of the minimum period to submit proposals, and a more detailed regulation of renegotiations. Pakistan: The recently enacted Public Private Partnership Authority Bill, 2017 intends to “provide a regulatory and enabling environment for private participation in provision of public infrastructure and related services.”c In addition to establishing the independent Public Private Partnership Authority (PPPA) with advising and gatekeeping roles for the development of PPPs, it also provides a stronger legal basis for many of the areas only contemplated in the 2010 Pakistan Policy on PPPs. For example, the requirement to ensure fiscal affordability is now legally codified, and several steps in the procurement process (including the publication of the procurement notice) as well as dispute resolution mechanisms are now specifically regulated for PPPs. Public Private Partnership in Afghanistan: An Alternative to Public Sector Financing, National Policy on Public a.  Private Partnerships 2017, Central Partnership Authority, 4–5, https://www.pajhwok.com/en/opinions/public- private-partnership-afghanistan-alternative-public-sector-financing. b. Argentina: New Legal Framework Allows for International Arbitration and Dispute Boards in Public-Private Partnership Projects, https://www.lexology.com/library/detail.aspx?g=8b23a3ce-ceb4-4dd0-bbd3-05854920fc7b; Argentina: Invest in Public-Private Partnership Projects in Argentina, http://www.mondaq.com/Argentina/x/640672/ Government+Contracts+Procurement+PPP/Invest+In+PublicPrivate+Partnership+Projects+In+Argentina. c. The Public Private Partnership Authority Act, 2017. Procuring Infrastructure Public-Private Partnerships Report 2018 29 Institutional Arrangements Given the complexity and relative novelty of PPPs as an approach to deliver infrastructure, governments may need to create specific institutions to support their development. In many economies, the creation of these institutional arrangements is a relevant component of the PPP regulatory framework. While the economies assessed have adopted diverse institutional arrangements to support the development of PPPs, the creation of PPP units is a common trend. Such units can facilitate the development of PPPs by centralizing PPP expertise in a single government agency. However, as with stand-alone PPP laws, the creation of a PPP unit is not in itself a guarantee of success. Furthermore, the practicality of establishing a single centralized PPP unit is contingent on the size and administrative structure of each economy. Consequently, once again, while this element provides necessary context and a basis for the rest of the analysis, it is not scored. Eighty-one percent of the assessed economies have a dedicated PPP unit. Some are independent organizations akin to other governmental departments, such as the Public and Private Infrastructure Investment Management Center (PIMAC) in the Republic of Korea and the Infrastructure Concession Regulatory Commission (ICRC) in Nigeria. In other cases, the PPP unit is part of a larger ministerial or departmental structure. In Jamaica, for example, the PPP unit is located within the Development Bank of Jamaica, and in Turkey it is under the General Directorate of Investment Programming, Monitoring and Assessment of the Ministry of Development. While the role and functions of the PPP units vary, most PPP units have a common set of core tasks: PPP regulation policy and guidance (in 85 percent of the economies with a PPP unit); capacity building for other government entities (in 88 percent); promotion of the PPP program (in 88 percent); technical support in implementing PPP projects (in 80 percent); and oversight of PPP implementation (in 75 percent). These functions are consistent with the PPP unit performing mainly an advisory role supporting the actual procuring authorities (usually the relevant line ministry). In addition, around 59 percent of the PPP units are also required to approve PPP projects, usually through their participation in the PPP feasibility assessment process. Finally, the assessment of the fiscal risks borne by the government in a PPP is not usually a function attributed to the PPP unit but instead left directly to the Ministry of Finance or central budgetary authority. Figure 3. PPP unit’s role in the procurement of PPPs (N = 135) Figure 3 PPP unit’s role in the procurement of PPPs (percent, N = 135) PPP unit with procuring authority role 4% No PPP unit 19% PPP unit with advisory role 77% Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: PPP = public-private partnership. 30 In a handful of economies (4 percent) (see Figure 3), the PPP unit plays a more prominent role in the development of PPP and acts as the main (or exclusive) procuring authority for PPPs. This is the case, for example, in Chile (where Coordinación de Concesiones procures public works concessions in agreement with the line ministries); Honduras (where Coalianza is the main actor in the procurement process for PPPs); Ireland (where procurement of PPPs is centralized through the National Development Finance Agency, NDFA); Peru (where ProInversión acts as procuring authority for large PPP projects); and Kuwait (where the Kuwait Authority for Partnership Projects, KAPP, takes a leading role in the procurement of PPPs identified by line ministries). While this arrangement may support a more efficient development of PPPs by centralizing procurement in a single unit with expertise in PPPs, it may also take that role away from the line ministries that are ultimately responsible for the delivery of infrastructure. About one-third of the existing PPP units participate in the task of identifying and selecting PPP projects, but this task is more commonly undertaken by the procuring authorities themselves. Procuring Infrastructure Public-Private Partnerships Report 2018 31 32 Thematic Areas Covered and Scored in Procuring Infrastructure PPPs 2018 Procuring Infrastructure Public-Private Partnerships Report 2018 33 Preparation of PPPs Given the complexity, magnitude, and inherently long-term nature of PPP projects, before the decision is made to launch a PPP procurement, the procuring authority should exercise a good amount of due diligence and perform rigorous assessments to gauge the viability of the project. This preparatory phase is very important in ensuring that only a well-structured, commercially viable PPP project—which is more likely to provide value for money—proceeds to the procurement phase. 34 A sound PPP preparation process comprises several stages, starting with the identification of potential infrastructure projects that could be procured as PPPs. Potential PPPs should be identified and compared with other public investment priorities on the basis of an integrated infrastructure plan and a rigorous economic cost-benefit analysis. The fiscal implications of PPPs should also be established, including their budgetary, accounting, and reporting treatment. Next, multiple preliminary assessments should be carried out to ensure that a project can succeed as a PPP. Feasibility studies should be undertaken to inform the structure of the PPP project, including assessing and deciding on the allocation of risks, and sounding out the market to gauge its appetite and capacity. Any environmental concerns connected with the identified project should be addressed by conducting an environmental impact assessment. Established good practices call for including the assessments in the request for proposals and/or tender documents, as well as making them accessible to the public. Finally, after a PPP structure has been defined based on the appraisal process, the procuring authorities should prepare and make public the documentation required to launch the PPP procurement process, including a draft of the PPP contract. Following established good practices, PPP contracts should be standardized and made public for transparency reasons. The recognized good practices that are undertaken during the PPP project preparation stage are especially important in light of the proliferation of projects that are formulated hastily, often with insufficient financial means or technical reliability. A list of these good practices is presented in Box 3. Procuring Infrastructure Public-Private Partnerships Report 2018 35 Box 3 The preparation of PPPs: Good practices scored in Procuring Infrastructure PPPs 2018 Good practices that help ensure that the decision to procure a PPP is justified and that the procuring authority is ready to initiate the procurement process include the following: ›› The Ministry of Finance or central budget authority approves the long-term financial implications of the project. ›› There is a specific budgetary and accounting/reporting treatment for PPP projects. ›› 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 • comparative assessment of PPP versus public procurement • market assessment • environmental impact assessment. ›› The results of these assessments are included in the request for proposals and/or tender documents and published online, together with the tender documents. ›› The procuring authority prepares a draft PPP contract and includes it in the request for proposals and/or tender documents, and these are published online. ›› The procuring authority has standardized PPP model contracts and/or transaction documents to expedite and guarantee consistency. The Procuring Infrastructure PPPs 2018 data reveal regional and income group differences in the average score for the preparation of PPPs (Figure 4). The OECD high-income region is ahead of all the other regions. South Asia, Latin America and the Caribbean, and Europe and Central Asia also score equal to or above the average. Latin America and the Caribbean has the highest intraregional variance, ranging from 2 to 90 points. Disaggregating the data by income level clearly reveals that the lower the income group level, the lower the average scores on project preparation. 36 Figure 4 Preparation of PPPs, score by region and income group (score 1–100) 100 90 80 70 60 Score 50 50 40 30 65 57 63 50 50 49 20 42 41 45 40 39 10 0 OECD SAR LAC ECA MENA SSA EAP High- Upper- Lower- Low- high- income middle- middle- income income income income Region Income group Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: ECA = Europe and Central Asia; EAP = East Asia and Pacific; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; PPP = public-private partnership; OECD = Organization for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa. The Procuring Infrastructure PPPs 2018 survey gathers data on a rich set of issues relevant to the preparation of PPP projects. The subsections that follow briefly summarize the study’s results related to assessments, disclosure of assessments, and fiscal treatment of PPPs. Assessments of PPPs A sound appraisal of a PPP project ensures a project of optimal quality, most likely to attain financial closure and to yield positive results during its implementation. Furthermore, assessments may serve as proof of the procuring authorities’ understanding of the key elements of the project, enabling them to properly structure the project and design the draft PPP contract. Given the importance of appraisals, the Procuring Infrastructure PPPs 2018 survey inquires whether the following assessments are undertaken during the preparation phase: (1) a socioeconomic analysis;14 (2) a fiscal affordability assessment; (3) identification, allocation, and assessment of risks; (4) a comparative assessment with traditional procurement alternatives (or value-for-money assessment); (5) a financial viability or bankability assessment; (6) market sounding for potential investors;15 and (7) an environmental impact assessment. This last type of assessment was introduced in this edition of the report to capture governments’ capacity to assess the direct impacts that a potential PPP project might have on the environment. The Procuring Infrastructure PPPs 2018 survey not only identifies which assessments are conducted (identifying those cases in which a regulatory requirement is clearly in place) but also whether a methodology has been developed for each of those assessments. A methodology provides guidance and consistency across different PPP projects. It sets objective criteria that are uniform, publicly available, and easy to use for multiple PPP proposals, helping make the government more transparent and building capacity. A methodology may take the form of supporting materials or methodological guidelines, including guides for the design and evaluation of investment projects. Procuring Infrastructure Public-Private Partnerships Report 2018 37 Figure 5 Assessments during the PPP preparation phase (percent, N = 135) 100 89% 88% 90 84% 84% 83% 80% 80 16% 16% 6% 19% 10% 70 25% 60 56% Percent 50 47% 16% 40 78% 73% 73% 70% 66% 31% 30 28% 29% 24% 58% 21% 20 39% 13% 10 0 Fiscal Socioeconomic Environmental Risk Financial Comparative Market affordability assessment assessment identification viability assessment sounding Assessment conducted (regulatory requirement) Methodology developed Assessment conducted (no regulatory basis) Assessment conducted (total) Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: Some numbers in the figure may not add up due to rounding In more than 80 percent of the economies surveyed, six of the seven assessments are performed (the exception is market sounding) (Figure 5). However, less than one-third of the economies have developed specific methodologies for conducting such assessments, and an even smaller percentage of economies (just slightly over 20 percent) make those assessments available online. Only 11 economies among the 135 economies surveyed provide specific methodologies for all seven assessments measured by the report: Canada, Germany, Ireland, Lithuania, Netherlands, New Zealand, Peru, Philippines, Slovakia, South Africa, and the United Kingdom. On the other end of the spectrum, Somalia does not require any of the assessments to be prepared. This pattern points to considerable room for improvement. Data compiled for this year’s report identify the fiscal affordability and socioeconomic impact of a potential PPP project as the two assessments most commonly conducted (89 percent and 88 percent, respectively, although only 73 percent of the economies have a regulatory basis requiring the assessments). Through these assessments, the government conducts a cost-benefit analysis that weighs the public interest and social return against the cost of the project and measures the long-term fiscal and budgetary impact. However, only 28 percent and 24 percent of the economies, respectively, have developed a specific methodology for how to perform these assessments. Only in two areas—environmental assessment and the comparative assessment with traditional procurement (sometimes referred to as the value for money assessment)—have more economies developed specific methodologies. A good example of a country that conducts thorough socioeconomic impact assessments is Austria, which enumerates a comprehensive set of variables to be assessed: “In any event, the financial, economic, environmental, consumer protection effects as well as the effects on children and youth and the administrative cost to citizens and to businesses including in social respects and, in particular, also on actual equality of the genders, shall be considered.”16 38 With the environmental impact assessment, the government accounts for environmental externalities that may not have been captured in the economic cost-benefit analysis. Moreover, the exercise allows risk mitigation measures to be identified that could be implemented during the life of the project. A legal requirement to conduct an environmental impact assessment exists in 78 percent of the economies assessed, making it the assessment for which the most economies have introduced a legal requirement. In another 6 percent of economies, including Chad and Haiti, while no regulatory basis requires it, contributors indicated that an environmental impact assessment is also carried out. It is therefore surprising that even in this case, only 47 percent of all economies have developed an environmental impact assessment methodology. Commonly, environmental impact assessments of PPP projects are elaborated upon in the national environmental laws, which generally apply to PPPs. In some economies, the PPP law explicitly mentions a requirement to conduct environmental assessments, but the details are provided in a separate regulation. For example, in Côte d’Ivoire, the PPP Decree requires that the feasibility study include environmental aspects of a project; and the Environment Code17 states that every project likely to have environmental consequences shall be preceded by an impact study. The method to assess such impact is provided by a specific decree.18 In the PPP Law of Burundi,19 the assessments of a public-private partnership contract can be prepared only if the evaluation conducted by the PPP Agency demonstrates the advantage of the PPP option compared to other procurement alternatives. This evaluation includes measures for the protection of environment and sustainable development. Market sounding stands out as the least commonly performed assessment among the surveyed economies. It is conducted in only 56 percent of the economies (including 16 percent that do so without a legal requirement). Moreover, only 13 percent have developed a specific methodology for this type of appraisal. For example, in Canada, details of the market sounding are part of the Business Case Development Model. In addition, the Procurement Options Analysis Guide requires the procuring authority to (1) outline the overall strategy for engaging with market Procuring Infrastructure Public-Private Partnerships Report 2018 39 sounding participants; (2) describe the process used to identify market sounding participants to ensure that selected participants are appropriate; (3) describe the process used to conduct market soundings; and (4) provide information on the plan for follow-up consultations and refreshes.20 Other economies where specific methodologies for this assessment have been developed include Germany, New Zealand, the Philippines, Singapore, South Africa, and the United Kingdom. The preparation assessments are primarily a source of information for the procuring authorities. However, further disclosure and publication of the assessments allow all stakeholders to fully understand the project. Moreover, the transparency achieved by publishing the assessments is likely to exert pressure on the procuring authority to choose the right project, narrowing the space for inefficiencies and potential corruption. Similarly, disclosing the assessments results to potential bidders through information memorandums or similar documents included in the tender documentation or request for proposal (RFP) can help bidders make an informed bidding decision and submit better prepared bids. For these reasons, this year’s survey also inquired about whether the required assessments are made available to the public and published online, and whether the results of the assessments are included as part of the tender documents shared with potential bidders (Figure 6). Figure 6. Disclosure of preparation assessments to bidders Figure 6 Disclosure of preparation assessments to bidders and the public (percent, N = 135) and the public (N = 135) Assessments 22% 17% 61% not provided provided to bidders Total 39% Assessments 17% 5% 78% not published published online Total 22% Yes (regulatory requirement) Yes (no regulatory basis) Source: Procuring Infrastructure Public-Private Partnerships 2018. About 39 percent of the economies include the completed assessments in the documents provided to potential bidders. In 22 percent of the economies, this is done in accordance with an express mandate contained in the regulatory framework, while an additional 17 percent of the economies also include the assessments as part of a general practice recognized by the survey contributors. In Australia, for example, the New South Wales PPP Guidelines consider it a good practice to provide bidders with a summary of the Public-Sector Comparator (PSC) to assist them in preparing their bids.21 Moreover, the same PPP guidelines require the procuring authority to make the analysis of legislative and regulatory impacts, feasibility studies, land use considerations, geological information, and demand estimates available to the short- listed bidders.22 Contrary to this commendable example, in over 60 percent of the economies, the assessments are performed exclusively for the benefit of the procuring authority and they are not necessarily shared with the bidders. This may hinder the capacity of some bidders to fully understand the scope and requirements of the project and consequently to prepare the most informed and accurate bids. It may also introduce differences among the bidders if some of them were to obtain better access than others to the analysis prepared by the government. 40 Similarly, despite the enhanced transparency it provides for stakeholders, only around one- fifth of all surveyed economies publish the results of at least one assessment. Seventeen percent of the surveyed economies have a regulatory provision requiring publication, while in another 5 percent (seven economies), this is done in practice and despite the lack of regulatory requirement, according to the survey contributors. For example, in China, PPP project information should be disclosed during the project identification and preparation phase, including the risk allocation framework, the value-for-money evaluation report, and the financial affordability assessment report.23 In Paraguay, the PPP law requires the Public- Private Partnership Project Unit at the Technical Secretary of Planning to publish the pre- feasibility and feasibility studies carried out before procuring a PPP.24 Once again, aside from a few remarkable examples, most economies (over three-quarters of those surveyed) do not consider publishing the assessments required for PPP preparation. At the very least, this implies a missed opportunity to fully engage all potential stakeholders by providing them with the full picture of the scope and implications of the PPP project. Finally, the lack of publication makes it more difficult to ensure that the assessments are meaningfully completed, also making it more difficult to hold the procuring authorities accountable. Fiscal Treatment of PPPs When entering into PPP contracts, governments may incur fiscal commitments such as direct liabilities (like availability payments or shadow tolls) and contingent liabilities (such as guarantees or compensation clauses) whose occurrence, timing, and value depend on some uncertain future events. Without those liabilities being accounted for (through public financial management), PPPs can be used to bypass budgetary and fiscal controls and become a hidden burden to the public sector, affecting the overall fiscal sustainability of the economy. Despite the relevance of this issue, appropriate assessment of the fiscal implications of PPPs is still not common practice. A large majority of the surveyed economies (81 percent) require an approval by the Ministry of Finance or the central budgetary authority before embarking on the PPP procurement process. However, only 54 percent of all surveyed economies require an additional approval before the PPP contract is signed. This second approval can be important to ensure that the project is still fiscally affordable for the government after any significant changes that may have occurred during the tendering process (Figure 7). The type of approval by the Ministry of Finance varies across economies. In a majority of the assessed economies that require an approval, the regulatory framework expressly requires the approval of the Ministry of Finance itself (examples include Belarus, Indonesia, and Paraguay). However, in 18 percent of the economies, this approval is only implicit: for example, the Ministry of Finance reviews and approves the PPP project as part of an approval committee (as in Angola, Bangladesh, and Jordan). In some economies, the approval process is selective. The Ministry of Finance is required to vet a PPP project only when it requires budgetary funds. This is the case, for example, in Albania, Bulgaria, and Mongolia. Such a differentiation tends to create incentives to financially structure PPP in a way that such controls are avoided, instead of structuring them optimally. Regulations are even less precise when it comes to specific provisions regarding budgetary, accounting, and/or reporting treatment for PPPs. Only 36 percent of the economies have introduced some type of regulatory provision regarding the accounting and/or reporting treatment of PPPs and even fewer (24 percent) have specific provisions about the budgetary treatment for PPPs. Procuring Infrastructure Public-Private Partnerships Report 2018 41 The budgetary treatment provisions take different modalities, but in general they imply an express recognition of the long-term impact of PPP liabilities. For example, in Austria, the Federal Budget Law imposes specific budgetary requisites25 to execute projects that involve obligations in future fiscal years. Similarly, in Mexico, the future commitments required by the PPP must be defined and calculated following the provisions of the Federal Budgeting and Fiscal Responsibility Law (LFPRH). Without requiring a specific budgetary treatment for PPPs, a number of economies have developed alternative mechanisms to control the budgetary implications of PPPs. For example, Argentina, Burkina Faso, Colombia, Ecuador, Honduras, Madagascar, and Paraguay have introduced limitations to the total amount of funds that can be committed to PPP projects. While limitations of this type control the potential fiscal impact of PPPs more tightly, they may also impose undue restrictions for the development of necessary and optimal PPP projects. On the other hand, in Afghanistan, Bangladesh, India, the Republic of Korea, and Uganda, the regulatory framework provides for the creation of a viability gap fund. Such funds help PPPs achieve commercial viability and aim to centralize the provision of public support to this end. Specific provisions for the accounting and/or reporting of PPPs are also uncommon. These provisions regulate, for example, which party assumes the debt related to the PPP on its balance sheet and/or require the government to disclose information on the potential fiscal impact of PPPs. OECD economies that are members of the European Union are subject to the common European System of Accounts (ESA), which provides for a specific treatment of PPPs. This requires the public sector to account for PPP-related debt if it retains a substantial part of the risk in the PPP project. Other than this, only a handful of other economies (less than 5 percent) have adopted the International Public Sector Accounting Standards (IPSAS) as their model for the accounting treatment of PPPs. IPSAS require a PPP to be considered as part of the public sector balance sheet if the public sector retains overall control of the project. This is the case in Chile, Peru, South Africa, and Turkey. 42 An interesting pattern emerges from the data when comparing high-income OECD economies to developing economies (Figure 7). The regulatory frameworks in non-OECD economies place great emphasis on formal approvals by the Ministry of Finance or the central budgetary authority, leaving less discretion with the procuring authorities but also introducing an extra layer of formal approval. However, in those same economies, provisions concerning budgetary and fiscal treatment are rare. In contrast, in high-income OECD economies, formal approvals by the Ministry of Finance are not as commonly required (leaving more discretion, but also more responsibility with the procuring authorities), but a larger proportion of those economies have adopted specific provisions regarding accounting for PPPs as a fiscal control mechanism. Figure 7 Fiscal treatment of PPPs (percent, N =135) 100 90 80 88% 81% 83% 70 60 Percent 50 55% 56% 54% 40 48% 30 36% 20 24% 24% 24% 24% 10 0 Economies around the world OECD high-income economies Non-OECD high-income economies MoF approval before launching Specific budgetary treatment for PPPs MoF approval before signature Specific accounting/reporting treatment for PPPs Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: MoF = Ministry of Finance; OECD = Organisation for Economic Co-operation and Development; PPPs = public-private partnerships. Procuring Infrastructure Public-Private Partnerships Report 2018 43 Procurement of PPPs Once the preparation phase is completed and a decision is made to deliver an infrastructure project as a PPP, the procuring authorities will proceed with the procurement phase. The private partner is usually selected through a public tendering process, with the application of either the general public procurement rules or rules especially tailored for PPP procurement. The long-term success of a PPP depends to a large degree on the choice of the best-suited private partner. Whether the government achieves the target value for money through the PPP is conditioned upon the private partner’s capacity for innovation and for achieving efficiency gains. The importance of selecting the right private sector partner is increased by the long-lasting nature of PPP projects and the magnitude and extent of public resources at stake. By choosing the correct private partner, the government can increase the likelihood of creating a trusting relationship and of attaining the outcomes promised by PPP projects. Thus, bidder qualifications and proposals must usually be evaluated thoroughly to ensure the delivery of expected value for money. Most PPP procurements take more time and are more complex than conventional procurement. The transaction costs for both the public and the private sector partners naturally increase due to these longer and more complicated tendering procedures, which may deter competition. Procuring authorities should take this into account when deciding to use the PPP option. Minimizing the transaction costs should therefore be one of the basic elements to ensure equal treatment of all bidders, alongside the clarity, fairness, and transparency of the procurement process to achieve value for money. 44 The thematic coverage of procurement by Procuring Infrastructure PPPs 2018 was conceived to be broad enough to encompass varied aspects of the procurement process, such as bidders’ 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 by Procuring Infrastructure PPPs 2018 in the procurement of PPP projects are summarized in Box 4. Box 4 The procurement of PPPs: Good practices scored in Procuring Infrastructure PPPs 2018 Good practices that help ensure fair competition, value for money, and transparency during the PPP procurement process include the following: ›› 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. ›› Foreign companies are not prohibited from participating in PPP procurement processes. ›› The procuring authority can choose among a range of competitive procedures based on their suitability. ›› The tender documents explain in detail the procurement procedure providing the same information to all bidders. ›› The tender documents specify any prequalification/shortlisting criteria, if applicable. ›› 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. ›› The procuring authority conducts a pre-bid conference to further inform potential bidders and the clarifications provided are disclosed to all potential bidders. ›› Bidders prepare and submits 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 to guarantee value for money if only one proposal is submitted. ›› 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 proposal. ›› There is a standstill (or pause) period after the intent to award the contract has been shared with the bidders and before the contract is awarded to allow unsuccessful bidders to challenge the award decision, and this period is specified in the RFP documents and intent to award notice. ›› 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 and its amendments online. Procuring Infrastructure Public-Private Partnerships Report 2018 45 The Procuring Infrastructure PPPs 2018 data reveal regional and income group differences in the average score for PPP procurement (Figure 8). The OECD high-income region leads in the scoring, followed by Europe and Central Asia, Latin America and the Caribbean, and South Asia. There is a prominent discrepancy between the performance of the best performing region (79 points) and the worst one (53 points). The East Asia and Pacific region not only has the lowest average score, but it also has the greatest intraregional variance by far, with scores ranging from 7 points to 82 points. When disaggregated by income level, the data reveal the following trend: the lower the income level of a country, the lower its the scores on PPP procurement. Figure 8 PPP procurement, score by region and income group (score 1–100) 100 90 80 70 64 60 Score 50 40 79 77 30 67 66 65 64 57 54 58 53 54 20 10 0 OECD ECA LAC SAR MENA SSA EAP High- Upper- Lower- Low- high- income middle- middle- income income income income Region Income group Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: ECA = Europe and Central Asia; EAP = East Asia and Pacific; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; PPP = public-private partnership; OECD = Organization for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa. The analysis that follows focuses on the transparency of the PPP procurement process, including scrutinizing the interactions between the procuring authority and the private sector partner, the disclosure of the PPP procurement process results, and the standstill period. Interactions between the Procuring Authority and Bidders During the procurement process, the government needs to define how and to what extent it will interact with bidders as they prepare their proposals. In order to safeguard transparency and fairness, rules governing the process and permissible topics for interaction with bidders should be specified in the tender documents. Such interaction typically involves providing information to the bidders and responding in writing to requests for clarification on the request for proposal (RFP) documents. Pre-tendering communications between bidders and the procuring authority are usually done either through pre-bid conferences26 or through bidders’ inquiry in writing. In the former case, the procuring authority will present the project and respond to 46 questions from bidders and issue the written minutes of meeting and response to the queries to all bidders that have been/will be issued the RFP documents, whereas in the latter, bidders submit questions related to the public procurement notice as well as the RFP documents and the procuring authority issues clarifications in writing to all the parties that have been issued the RFP documents or will be issued the RFP documents, without identifying the source of the query.27 These interactions may result in modifications to the tender documents. Consequently, the best practice is to make all questions seeking clarification and the corresponding answers available to all bidders to ensure equal access to information and fairness. This helps potential bidders better understand and meet the needs of the procurement authority, and fully grasp the responsibilities they are expected to fulfill. Only 4 percent of the economies, in their regulatory frameworks, do not provide bidders with the opportunity to raise questions to clarify the content of the bidding documents during the pre-tendering phase. Economies such as Algeria, the Republic of Congo, Papua New Guinea, and Thailand do not sufficiently regulate interaction between the bidder and the procurement authority, potentially jeopardizing the preparation of solid bids. Forty percent of the economies allow bidders to submit clarification questions only in writing, including Afghanistan, Bosnia and Herzegovina, Bulgaria, Lebanon, and Myanmar. This system provides an intermediate level of interaction between the procurement authority and the potential private partner. On the other end of the spectrum, 55 percent of economies have regulatory frameworks that not only allow bidders to submit clarification questions, but also enable the procuring authority to conduct pre-bid conferences. Having the procuring authority present the project and answer bidders’ questions during pre-bid conferences, in addition to responding to clarification questions about the tender notice and RFP documents, gives bidders the highest level of clarity about the project. Economies where such best practice is followed include Australia, Belgium, Mexico, and Saudi Arabia. Disparities in information between the parties in a procurement process may lead to opportunistic behavior. To help guarantee fairness for all bidders, the questions, related clarifications, and resulting modifications must be communicated by the procuring authority to all the bidders in writing, without identifying the source of such queries/clarifications. Disclosure of information to all bidders ensures transparency and fairness, which enhances competition and helps achieve better value for money. While confidential information pertaining to the bidders needs to be protected, notification of the clarification questions and the answers to such questions would help bidders better understand the project’s requirements. A transparent process could allow bidders to prepare more sustainable proposals, which would ultimately result in a contract with a better chance of success and improved delivery. Procuring Infrastructure Public-Private Partnerships Report 2018 47 As shown in Figure 9, nearly all the economies (96 percent) allow clarification questions to be submitted, and in 82 percent, the procuring authority discloses the outcomes to all bidders. However, in a minority of economies, such as Benin, Cambodia, Iraq, Mongolia, Sudan, and Zambia, authorities are not required to disclose the clarification questions submitted, or the answers to the bidders. When the procuring authority convenes a pre-bid conference, it is good practice to prepare minutes of meetings containing the requests for clarification of the RFP as well as the responses to those requests. In order to maximize transparency, copies of the minutes should be sent to all the prospective bidders and appended to the RFP documents to be issued to those new set of prospective bidders who obtain such RFP documents after the pre-bid conference. As mentioned, more than half (55 percent) of economies allow pre-bid conferences, and almost half (47 percent) disclose the information provided at these conferences. In a few cases, disclosure of clarifications resulting from the pre-bid conferences is not required, including Japan, Kazakhstan, Mali, Mongolia, and Solomon Islands. Figure 9 Access to information during PPP procurement (percent, N=135) 100 96% 90 14% 80 70 60 55% Percent 50 8% 40 82% 30 20 47% 10 0 Questions and clarifications Pre-bid conference Disclosure of answers No disclosure Total and/or results Source: Procuring Infrastructure Public-Private Partnerships 2018. Disclosure of the PPP Procurement Process Results The tendering process concludes with the selection of a winning bidder. Providing information to bidders and publishing decisions helps build confidence in the fairness and transparency of the process while preventing occurrence of fraud and corruption and obtaining value for money through a competitive process. In addition, making data on the outcome of the tendering process readily available to all the bidders by expressly informing them through an intention to award notice has the potential of increasing private sector participation in the oversight process. Finally, when bidders have information concerning the intent to award the contract, including the grounds for awarding the winning bid, they will have a clear picture of the details surrounding the procurement process, which can allow them to file a complaint if they are aggrieved by the decision of procurement authority. 48 The first step in the disclosure process is to share the intent to award decision notice with all bidders. To ensure full disclosure, the notification of the results should also include the grounds for awarding to the winning bid(s). As seen in Figure 10, the provision of the PPP procurement process results, and information about the grounds for awarding the winning bidder, vary by region. Procuring authorities in all 29 OECD high-income economies share both the result of the procurement process and the grounds for awarding the winning bidder with all bidders who have participated in the tender. The OECD high-income region leads in this area, followed by Europe and Central Asia and Latin America and the Caribbean. On the other hand, only 67 percent of the economies in the South Asia region are required to provide the results of the procurement process to bidders, and only about 33 percent must include the grounds for awarding to the winning bid. Bangladesh, the Democratic Republic of Congo, Kazakhstan, Malaysia, Mongolia, and Zambia are among the economies that are not required to provide such results. Disaggregating the data by income level clearly reveals that the lower the income group level, the less information about the PPP procurement results is disclosed (ranging from 100 percent in OECD high-income economies to 50 percent in low-income economies). Failure to include the grounds for awarding to the winning bidder means that not enough information about the relative advantages of the successful tender is disclosed, and therefore, the bidders would have to inquire about the reasons for the rejection of their proposals. This process can be time consuming, impractical, and burdensome for the unsuccessful bidders who wish to challenge the procedure and the result of the procurement process. Afghanistan, Belarus, Côte d’Ivoire, Sri Lanka, United Arab Emirates, and Zimbabwe are among those economies that provide bidders only with the result of the procurement process, without disclosing the grounds for the selection of the winning bid. Figure 10 Disclosure of PPP procurement results, and grounds for selection by region (percent, N = 135) 100 100% 100% 90 95% 94% 92% 91% 80 80% 70 71% 72% 60 Percent 50 67% 40 47% 42% 30 32% 33% 20 10 0 OECD ECA LAC MENA SSA EAP SAR high-income Provision of result to all bidders Provision of ground for selection Source: Procuring Infrastructure Public-Private Partnership 2018 Note: OECD = Organization for Economic Co-operation and Development; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; SSA = Sub-Saharan Africa; MENA = Middle East and North Africa; EAP = East Asia and Pacific; SAR = South Asia.  Procuring Infrastructure Public-Private Partnerships Report 2018 49 Another important element of the procurement process is the standstill period. Once the intent to award to the winning bidder for a tender is announced, a reasonable period of time must elapse between the time when unsuccessful bidders are notified about the intent to award the contract to the winning bidder and the contract is actually awarded. This allows a window of opportunity for unsuccessful bidders to challenge a contract award before the PPP contract signing and execution phase starts. This is particularly important in economies where an annulment of the PPP contract is not possible, or when a complaint does not trigger a suspension of the procurement process. A reasonable standstill period makes it possible for the unsuccessful tenderer to examine the validity of the award decision as well as any flaws that may have occurred during the evaluation process, and to ensure that a challenge to such an award decision will be effective. Finally, the standstill period is not only beneficial to the bidders for the reasons discussed, but it is also beneficial to the procuring authority because it provides a clearer framework for bidders to challenge the award decision. Although the aggrieved bidders can always initiate a procurement challenge after the contract is awarded, a standstill period usually precludes the possibility of declaring the ineffectiveness down the line, preventing the most serious and costly post-contractual remedy. The highest number of economies providing a standstill period in their legal and regulatory frameworks are in the OECD high-income region (72 percent), compared to only 17 percent in South Asia (where only Sri Lanka does so). This trend could be explained by the fact that all members of the European Union (EU) are required to have a pause period between the notification of the award decision and the signature of the PPP contract to be compliant with the EU Directives.28 Outside of the European Union, economies like Armenia, Kenya, and Russian Federation also provide for a standstill period to challenge the award. On the other hand, bidders in economies such as Nigeria, Qatar, Sierra Leone, Vietnam, and Zimbabwe do not have standstill safeguard in their PPP regulatory framework. Figure 11 The standstill period (percent, N = 135) 100 90 80 70 72% 72% 72% 60 62% Percent 50 52% 40 41% 38% 30 33% 20 26% 20% 17% 17% 17% 10 13% 11% 0% 7% 8% 0% 0% 0 6% OECD ECA SSA LAC EAP MENA SAR high-income Economies with Standstill period set out in Economies with standstill standstill period the notice of intention to award period ≥ to 10 calendar days Source: Procuring Infrastructure Public-Private Partnership 2018 Note: OECD = Organization for Economic Co-operation and Development; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; SSA = Sub-Saharan Africa; MENA = Middle East and North Africa; EAP = East Asia and Pacific; SAR = South Asia.  50 To optimize its effectiveness, the standstill period should be set out in the notice of intention of award, to inform aggrieved bidders about the timeline available for them to challenge the decision of the procuring authority. Seventy-two percent of OECD high-income countries include the standstill period in the intention of award, compared to none of the economies in South Asia. In addition, a reasonable window of time should be available to allow sufficient time for aggrieved bidders to decide whether they want to challenge the award and submit a complaint. A minimum of 10 days is a recognized standstill period, as reflected in judgments by the European Court of Justice, the World Trade Organization’s Government Procurement Agreement, and other binding texts.29 Legal frameworks that set shorter periods, such 5 days (Angola, and Nicaragua) or 7 days (Belarus) do not necessarily offer aggrieved bidders enough time to prepare and submit an efficient challenge. The regional comparison reveals an interesting contrast (Figure 11). While 72 percent of the OECD high-income economies provide a standstill period of at least 10 days, all (100 percent) of the economies in the Latin American and Caribbean and South Asia regions have standstill periods of less than 10 days. Box 5 Transparency throughout the PPP life cycle Openness and transparency throughout the life cycle of a public-private partnership (PPP) are essential to maximize efficiency gains in infrastructure and to assure optimal socioeconomic outcomes. The availability of information in the public domain increases predictability, boosts public confidence in PPP projects, reduces the risk of corruption, and ensures alignment of private investments with public interest. Most experts agree that transparency in PPPs can be achieved through proactive disclosure of information to the public. Procuring Infrastructure PPP 2018 reveals considerable areas for improvement in the proactive disclosure of information, especially at the preparation and contract management stages of the PPP life cycle. Figure 12 presents the Procuring Infrastructure PPP 2018 transparency scores by scoring selected questions referred to transparency and aggregating them by thematic areas (Appendix 3).30 While at the procurement stage, the global average of the Procuring Infrastructure PPP 2018 transparency score is 66, this global average drops to 38 during the preparation stage and to only 12 points during the contract management stage. This average score indicates that it is relatively easy to obtain information surrounding the bidding process, for example, but project assessments remain mostly unavailable in the public domain and public tracking of PPP contracts performance remains cumbersome or even impossible in many jurisdictions. Figure 12 Transparency scores, by area and income-level group (score 1–100) 100 90 80 70 75 66 60 70 61 Score 50 54 55 38 40 40 30 33 20 12 10 18 17 12 13 0 0 Preparation Procurement Contract management High-income Upper-middle-income Lower-middle-income Low-income Average Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: PPP = public-private partnership. Procuring Infrastructure Public-Private Partnerships Report 2018 51 There is also a significant divergence in the adherence to the good transparency practices across income levels. Figure 12 shows that the higher the income level of the group, the higher their performance in terms of transparency practices—with significant room for improvement for all income groups in project preparation and contract management. At the preparation stage, high-income economies reach an average transparency score of 54 points, while low-income economies attain only 18 points. The lowest level of transparency across income groups is observed in the contract management phase, where high-income economies score as few as 12 points, upper-middle-income countries score 17, and lower- middle-income countries score 13. None of the low-income economies follow the good practices at the contract management stage. At the preparation stage, publication of project assessments and tender documents online leads to greater predictability of the pipeline project quality, instilling confidence in the public and investors, and thereby minimizing risks. Despite these benefits, only 22 percent of the economies surveyed publish PPP proposal assessments online. Over half of the countries surveyed (60 percent) publish PPP tender documents and only about one- third (36 percent) have developed standardized PPP model contracts and/or transaction documents (Figure 13). Figure 13 Transparency in the PPP project cycle (percent, N = 135) Preparation stage Assessments published online 22% Tender documents published online 60% Standardized PPP contract available 36% Procurement stage Publish PPP procurement notice 99% PPP procurement notice published online 88% Publish PPP award notice 93% PPP award notice published online 82% Publish the PPP contract 48% PPP contract published online 38% Publish PPP contract amendments 30% Contract management stage Publish PPP construction information 13% PPP construction information published online 10% Publish PPP performance information 14% PPP performance information published online 14% Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: PPP = public-private partnership. 52 At the procurement stage, transparency and wide dissemination of the main decisions regarding the selection of the private partner enables all stakeholders to be fully informed. Potential bidders will readily know when PPP projects are on the market and know the results of the selection process undertaken. More importantly, this information will also be in the public domain, fostering accountability of the procuring authorities, and thus discouraging corrupt practices and hasty decisions. All the economies surveyed, with the exception of Papua New Guinea, publish a PPP public procurement notice and 88 percent make it available online. Some 93 percent of the surveyed economies publish the award notice, and, 82 percent make it available online (Figure 13). This relatively common practice of publishing the PPP tender and award notice contrasts with the proportion of economies that publish the PPP contract: only 48 percent of the economies publish the PPP contract, 38 percent make it available online, and even fewer economies (30 percent) publish amendments to the PPP contracts. At the contract management stage, promoting transparency is essential. Making performance information available to the public increases accountability of all the stakeholders. Transparency ensures that the project delivers the expected outcomes and quality services. However, only a small fraction (13 percent) of the economies surveyed allow public access to the system for tracking progress and completion of construction works under a PPP contract. Only 10 percent of them have established an online platform for this purpose. Similarly, only a handful of the procuring authorities (14 percent) allow the public to track contract performance through a designated online platform or by posting the updated documentation online. Procuring Infrastructure Public-Private Partnerships Report 2018 53 PPP Contract Management Adequate preparation and procurement are only the first steps on the road to the success of the long-term commitment of a PPP project. Once the PPP contract is signed and financial close is reached, the implementation of the project begins. The success of project implementation will determine whether the project delivers the expected value for money. Therefore, it is crucial to establish a sound PPP contract management system to oversee the implementation of the PPP contract. Given the long-term nature of PPPs, the contracts should be drafted in a way that addresses any circumstances conceivable at the time of closing, allowing for the resolution of any issues that may arise later, according to the provisions of the contract. However, because not all circumstances are clearly foreseeable by their nature, it may not be feasible to attempt regulating every single potential issue in the PPP contract. Unexpected circumstances should be addressed by means of contract management mechanisms premised on a level of diligence tailored to specific needs and properly regulated renegotiation frameworks clearly defining the grounds and mechanism of such renegotiations. Also, for the purposes of transparency and to provide the parties with grounds for legitimate expectations, it is crucial for methods of dispute resolution to be specified, along with the detailed effects of project termination. 54 Procuring Infrastructure PPPs 2018 recognizes the importance of the contract management stage and measures aspects such as the extent to which regulatory frameworks and generally followed practices provide sufficient oversight mechanisms; a framework to manage changes to the structure of the private partner; renegotiations of the PPP agreement; modes of dispute resolution; as well as contract features such as lenders’ step-in rights31 and termination of the contract and its consequences. Recognized good practices applicable during PPP contract management are summarized in Box 6. Box 6 PPP contract management: Good practices scored in Procuring Infrastructure PPPs 2018 Good practices to ensure a successful implementation and delivery of the PPP project include the following: ›› The procuring authority has a system to manage the implementation of the PPP contract, including establishing a PPP contract management team; involving some contracts management team members in the project starting at the procurement stage; and adopting PPP implementation manuals and risk mitigation mechanisms. ›› The procuring authority establishes a system for tracking progress and completing construction works under a PPP contract, with relevant information made publicly available. ›› Monitoring and evaluation systems are in place to oversee the implementation of the PPP contract after the construction stage, with relevant information publicly available. ›› Foreign companies are not prohibited from repatriating the income generated by the operation of a PPP project. ›› 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 these changes opportunistically by either the private partner or the procuring authority. ›› 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 disputes in an efficient and satisfactory manner without adversely affecting the project. ›› Lenders are given step-in rights for cases when the private partner is at 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. The Procuring Infrastructure PPPs 2018 data reveal regional and income group differences in the average score for PPP contract management (Figure 14). The Latin American and Caribbean region has the highest score, followed by the OECD high-income region. Intraregional variance is high in all regions in this thematic area. For example, scores within the East Asia and Pacific region are as low as 9 points and as high as 88 points. In contrast, there is little variation across regions. The average for the leading the region (Latin America and the Caribbean) (63) Procuring Infrastructure Public-Private Partnerships Report 2018 55 is only 17 points ahead of the worst-performing region (East Asia and Pacific). 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. Figure 14 PPP contract management, score by region and income group (score 1–100) 100 90 80 70 60 54 Score 50 40 30 63 60 58 54 57 52 50 50 52 20 46 47 10 0 LAC OECD MENA ECA SSA SAR EAP High- Upper- Lower- Low- high- income middle- middle- income income income income Region Income group Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: ECA = Europe and Central Asia; EAP = East Asia and Pacific; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; PPP = public-private partnership; OECD = Organisation for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa. The next section focuses on renegotiation and termination of PPP contracts as key components that must be regulated for projects to be able to deliver their desired outcomes and uphold value for money. Renegotiation or Modification of the PPP Contracts While predictability is important for all parties to a PPP agreement, a degree of flexibility is just as crucial. When elements of the procured project evolve, this flexibility should allow for those changes to be addressed, preferably within the clearly defined internal mechanisms established in the contracts or, when absolutely necessary, by amending the agreement accordingly. The term “renegotiation” refers to changes in the contractual provisions other than through an adjustment mechanism provided for in the contract.32 The intrinsically incomplete nature of PPP contracts implies that, sometimes, required renegotiations may generate positive results. Nonetheless, renegotiation should be limited to prevent opportunistic behavior.33 Given the partnership nature of PPP projects, such amendments should be balanced to preserve all stakeholders’ rights and obligations, as well as the public interest. Unilateral contract amendments and arbitrary decisions by the procuring authority undermine the partnership element of PPPs, violating the legitimate expectations of the private partner. This could not only hinder the project at hand but also deter future PPP projects. Thus, strong deterrents for these instances of abuse of power by the procuring authorities should also be contained in the PPP agreement, along with further contract management measures. 56 Only about 15 percent of the economies measured do not regulate PPP contract modifications.34 Armenia, Lebanon, Malawi, Papua New Guinea, and Tonga are among the countries where the modification of contracts is left to the discretion of the procuring authority. There are significant regional differences. While in the OECD high-income region 97 percent of the economies regulate PPP contract modification, only 67 percent of economies in the East Asia and Pacific region do so (Figure 15). Figure 15 Regulation of renegotiation, by region (percent, N = 135) 100 90 85% 80 70 60 Percent 50 97% 94% 92% 40 86% 83% 76% 30 67% 20 10 0 OECD LAC MENA ECA SAR SSA EAP high-income Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: ECA = Europe and Central Asia; EAP = East Asia and Pacific; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; PPP = public-private partnership; OECD = Organisation for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa. Regulatory approaches with respect to renegotiation vary among the 85 percent of the economies that regulate PPP contract modifications. About 57 percent of those economies have detailed provisions in the regulatory frameworks, such as restrictions to change the scope of the PPP contract or alter its economic balance or amend the agreed risk allocation. Bulgaria, Latvia, Mali, Mexico, New Zealand, Peru, the Philippines, and Serbia are among the economies with detailed provisions. The remaining 43 percent considers renegotiation to be a contractual issue, allowing parties to further regulate its aspects in the contractual agreement. Benin, Burundi, Indonesia, Kyrgyz Republic, Macedonia, Timor-Leste, and Turkey are a few examples of the latter case (Figure 16). The lack of standard provisions for renegotiations for the parties in the PPP contract could mean that approaches to renegotiation remain ad hoc and consistency is not preserved. This gap may be filled by standardized PPP contracts that guide parties through the renegotiation process while still allowing them flexibility to address the project’s specific needs. However, among the countries that consider renegotiation a contractual issue, only 14 percent clearly use standardized contracts, including India, Japan, Kazakhstan, and South Africa. Procuring Infrastructure Public-Private Partnerships Report 2018 57 Figure 16 Regulatory approach to renegotiation (percent, N = 135) Not Regulated 15% Regulated by law 57% Standard PPP contract not available 86% Regulated 85% Regulated in a PPP contract 43% Standard PPP contract available 14% Renegotiation Regulatory approach Standard PPP contract Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: PPP = public-private partnership. PPP contract modification could also be safeguarded by other means. Sound regulation of any amendment to the PPP contract during execution of the project phase should entail a transparent approval process and collaboration among institutions, which will guarantee that procuring authorities do not have sole discretion over contract renegotiation powers. Approval measures ensure that the outcomes of the projects are not later disturbed by an unfettered renegotiation process. Of the economies that regulate modifications to the PPP contract, 55 percent require approval of such modifications by a government entity other than the procuring authority. In 35 percent of those economies, approval by the Ministry of Finance is required if the amendments imply that a public body will assume increased direct financial liabilities. This is the case in Croatia. 35 Djibouti goes even further in terms of institutional approvals of amendments to PPP contracts by requiring a preliminary approval by the procuring authority, which must also be submitted for approval to the Council of Ministers after the PPP unit has ensured that such amendments do not change the nature of the project or substantially affect the essential features of the project. 36 In Ecuador, approvals of all amendments are obtained by an inter-institutional Committee called the Comité Interinstitucional de Asociaciones Público-Privadas. 37 And in Nicaragua, because any PPP contract amendment must be approved by law, approval by the National Assembly is also required. 38 58 Box 7 Unilateral modification of PPP contracts While PPP contract parties may jointly agree to modify the PPP agreement after its signature, regulations may also permit unilateral amendments by the procuring authority. There should be, however, limits and specific circumstances to enact such amendments. These parameters include necessary external approvals, restraints to certain substantive material changes in the contract, and compensation when the private partner incurs damage or costs.39 Of the 135 economies measured by this assessment, only 24 percent of them (33) permit unilateral amendments to PPP contracts. There are significant regional differences. None of the economies in the East Asia and Pacific and South Asia regions permit unilateral amendments, while 56 percent of the economies in Latin America and the Caribbean do so (Figure 17). While the majority of economies (94 percent) that permit unilateral amendments set limitations to this prerogative, Burundi and Cameroon do not have clear limitations to unilateral contract modification powers or an approval process as a safeguard. Figure 17 Possibility of unilateral modification of PPP contracts, by region (percent, N = 135) Global Average 24% EAP 0% SAR 0% SSA 18% ECA 19% OECD 31% high-income MENA 32% LAC 56% 0 20 40 60 80 100 Percent Source: Procuring Infrastructure Public-Private Partnership 2018 Note: OECD = Organization for Economic Co-operation and Development; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; SSA = Sub-Saharan Africa; MENA = Middle East and North Africa; EAP = East Asia and Pacific; SAR = South Asia.  Economies with civil law legal systems, such as Algeria, Colombia, Costa Rica, France, Kazakhstan, and Senegal, often refer to general principles of administrative law that permit such unilateral amendments. In addition, in Uruguay, for example, the PPP contract may provide for the right for the procuring authority to unilaterally modify the PPP contract, within a limit of 20 percent of the original budget of the project.40 In Togo, such circumstances should consider “an evolution in the procuring authority’s needs, technological innovations or modifications in the financing conditions obtained by the private partner.”41 Spain, on the other hand, allows unilateral amendments if such amendments serve the public interest, with the requirement of preserving the economic balance of the contract.42 In Saudi Arabia, amendments to works covered by the contract as well as increasing or reducing the contractor’s obligations are within the “competency of the government authority,” with certain safeguards. When exercising such powers, the procuring authority must ensure that the additional works fall within the scope of the contract, that such modifications serve the public interest, and that the economic balance and nature of the contract will be preserved.43 Procuring Infrastructure Public-Private Partnerships Report 2018 59 Termination of PPP Contracts PPPs come to their regular end when the works are performed in a satisfactory manner and the contract’s pre-agreed duration expires. Nevertheless, early termination of the contract can also be an option under some circumstances, including when contractual obligations are not being met by one or both parties and circumstances where neither party is at fault.44 Grounds for termination in instances of premature and unilateral termination, as well as their consequences, should be specifically identified and set out in the contract. Early termination should be the last resort because it is costly.45 With the exception of 16 economies (12 percent of the total, including Angola, Myanmar, and Nigeria), termination of PPP contracts is addressed in the regulatory framework across all assessed economies.46 The majority of economies (65 percent) not only address the grounds for termination in their regulatory frameworks, but also its consequences, as is the case in in Albania, Kyrgyz Republic, Mauritius, Montenegro, Paraguay, and Romania. Economies that do not further regulate these consequences include Belarus, Ecuador, Lao PDR, and Qatar. OECD high-income economies have the highest number of economies that regulate both grounds for the termination of the PPP contract and its consequences, while the East Asia and Pacific region has the lowest number of economies that regulate both issues (Figure 18). Figure 18 Regulation of PPP contract termination and its consequences, by region (percent, N = 135) 100 90 97% 92% 90% 80 89% 88% 83% 70 76% 75% 60 68% 67% 62% Percent 61% 50 40 50% 47% 30 20 10 0 OECD MENA ECA LAC SSA SAR EAP high-income PPP contract termination regulated PPP contract termination consequences regulated Source: Procuring Infrastructure Public-Private Partnership 2018 Note: OECD = Organization for Economic Co-operation and Development; ECA = Europe and Central Asia; LAC = Latin America and the Caribbean; SSA = Sub-Saharan Africa; MENA = Middle East and North Africa; EAP = East Asia and Pacific; SAR = South Asia.  60 In some economies, the PPP agreement is the instrument used to regulate the circumstances for termination and their consequences. This is the case in Argentina, where the law defers to the PPP agreement to regulate the circumstances for termination and its consequences, and outlines only general aspects to be included in such an agreement. Azerbaijan, however, defers to the PPP contract to regulate all aspects of grounds for termination while making no mention of its consequences.47 When the issue of termination is of a contractual nature, specific standard contracts may exist to help guide contracting parties. Standard contracts set minimum standards that must be included in the different PPP agreements. Of the 24 economies that clearly defer to the parties of the PPP agreement to regulate termination in the contract, only 25 percent make available standardized contracts to help guide parties while drafting termination clauses. In New Zealand, the Standard Form Public Private Partnership (PPP) Project Agreement specifies grounds for and consequences of termination, whether for purposes related to the public entity or private entity, or if neither party’s at fault.48 The Indian Model Concession Agreement adopts a similar approach and further sets thresholds for compensation payments in cases of termination.49 Different circumstances permit PPP contracts to be terminated, and they are usually addressed by economies that specifically regulate termination. These enabling conditions can range from non-fulfillment of obligations by the private partner to the public entity’s consistent default in meeting its payment obligations. Other circumstances may not be associated with either party, such as force majeure, but should be addressed. In addition, public order or interest is an often-cited ground for unilateral termination on the part of the public entity. This is the case in economies like Colombia, Gabon, Iraq, Kazakhstan, Mauritius, Niger, and Senegal. However, frequent exercise of such unilateral termination powers may weaken private investors’ confidence in the PPP market.50 Outlining the grounds for termination, as well as their outcomes, in detail in advance boosts the level of trust and reduces uncertainty for PPP project’s stakeholders, decreasing risk premiums and providing greater value for money.51 Once a contract has been terminated, either on schedule or prematurely, many consequences emerge, such as the requirement to provide monetary compensation or project site handover. The identification of such consequences in the contract ensures, among other things, that the private partner is not put in a disproportionately disadvantaged situation should the public entity decide to end the contract. Moreover, it safeguards the continuation of services to the public in the event of termination. Termination consequences in many economies include transfer of technology, buildings, and equipment; compensation for the fair value of works; and service continuity. This is the case in Benin52 and Burkina Faso, which even regulates training for the public authority staff in case of early termination. 53 Some economies address compensation in greater detail. In Italy, 54 Paraguay, the Philippines, and Uruguay, compensation calculations for termination are embodied in their regulations. In Colombia, a mathematical formula is established to determine any reciprocal benefits between the parties as a result of the PPP contract’s early termination either by mutual agreement or unilaterally. 55 Procuring Infrastructure Public-Private Partnerships Report 2018 61 Unsolicited Proposals Unsolicited proposals (USPs) are an alternative to government-initiated infrastructure projects. Instead of the government first identifying and assessing the need and suitability of an infrastructure project as a public-private partnership (PPP), a private sector entity approaches the government with a proposal to develop a specific infrastructure project. USPs have been increasingly used in recent years. According to the World Bank Group’s Private Participation in Infrastructure (PPI) Database,56 approximately 4 percent of infrastructure projects within the economies covered by the Procuring Infrastructure PPPs 2018 project in low- and middle-income economies are started at the initiative of a private sector entity without an explicit request from a government to do so. Private sector companies, generally developers, suppliers, and/or financiers, finance the studies to establish basic project specifications and then approach the relevant government entity for approval. 62 Given the nature of USPs, their increasing use as an alternative procurement method comes with considerable concerns for public infrastructure practitioners. Whereas in theory, the use of USPs will allow governments to benefit from the knowledge and innovation of the private sector, USPs can introduce several challenges, such as diverting public resources away from governments’ strategic plans and priorities, failing to attract competition, and ultimately leading to opportunities for corruption.57 With the private sector playing a more prominent role in delivering the billions of dollars in investment needed in infrastructure, a balance needs to be found between allowing the private sector to propose viable and necessary infrastructure projects and the need for those projects to be in the public interest and achieve the best value for money. To ensure that the potential benefit of USPs is harnessed while the risks associated with them are minimized, governments should follow an established set of good practices. First, governments need to determine whether they will accept USPs as part of their PPP programs. If they decide that USPs shall be employed, it is imperative for governments to set and specify key objectives for USP programs. The responsible government authority should assess the merits of the submitted USP: whether there is demand for the proposed project, whether the project is aligned with national infrastructure priorities and meets a real societal and economic need, and whether the USP is not already a part of a government PPP pipeline.58 Then, if the USP is justified, the government should initiate a transparent and competitive procurement procedure to select between the USP proponent and other bidders, to ensure achieving the best value for money. A list of good practices concerning USPs is presented in Box 8. Box 8 Unsolicited proposals of PPPs: Good practices scored in Procuring Infrastructure PPPs 2018 Good practices to ensure transparency and competition during the procurement of projects originated as USP include the following: ›› The procuring authority assesses the merits of the USP and ensures that it is aligned with the government’s investment priorities. ›› There is a vetting procedure and/or a pre-feasibility analysis before moving forward and fully assessing the unsolicited proposal. ›› 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. The Procuring Infrastructure PPPs 2018 data reveal regional and income group differences in the average score for USPs (Figure 19). The OECD high-income, South Asia, and Latin American and Caribbean regions stand out from the rest of the regions. East Asia and Pacific has the lowest average score, whereas the Latin America and Caribbean region has the highest variation in scores among economies within the region, ranging from as low as 13 to as high as 100. Disaggregating the data by income level reveals a clear pattern: the higher the income group level, the higher the average scores on USPs. Procuring Infrastructure Public-Private Partnerships Report 2018 63 Figure 19 USPs, score by region and income group (score 1–100) 100 90 80 70 60 56 Score 50 40 72 68 30 66 66 55 63 53 49 53 46 47 20 10 0 OECD SAR LAC MENA ECA SSA EAP High- Upper- Lower- Low- high- income middle- middle- income income income income Region Income group Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: ECA = Europe and Central Asia; EAP = East Asia and Pacific; LAC = Latin America and the Caribbean; MENA = Middle East and North Africa; PPP = public-private partnership; OECD = Organization for Economic Co-operation and Development; SAR = South Asia; SSA = Sub-Saharan Africa. While the scope of Procuring Infrastructure PPPs 2018 encompasses a wide array of data related to USPs, including USP evaluation by public authorities and mechanisms for compensating the original proponent, this section focuses on two areas of importance. First, it provides an analysis of the different regulatory frameworks that govern USPs. Second, it considers the bidding procedures for USPs and the minimum time limits for potential bidders to prepare and submit their bids. The Regulatory Framework of USPs Among the 135 economies that are covered by the Procuring Infrastructure PPPs 2018 project, there are significant differences in the manner that USPs are regulated. Figure 20 shows that in 57 percent of economies covered by the project, the regulatory framework explicitly allows and regulates the use of USPs. This is the case in economies such as Australia, Chile, Ghana and Japan. At the other end of the spectrum, in 3 percent of the economies (namely, in Botswana, Croatia, Germany, and India), the use of USPs is explicitly prohibited by the regulatory framework. In 40 percent of the economies covered by the project, the regulatory framework does not discuss or regulate in any way the instances where a private proponent can approach the government with infrastructure proposals. In most of these cases, USPs do not happen in practice, according to local contributors. In fact, while not expressly forbidden in the regulatory framework, the lack of a specific regulation can be construed as a prohibition in practice, since PPP procurement methods are limited to those expressly regulated. This is the case for example in Canada, the United Kingdom, and most other EU economies. 64 In 24 percent of the economies that do not regulate USPs (or 10 percent of the total), projects originated through USPs still occur, according to local contributors. Examples include Chad, Myanmar, and Trinidad and Tobago. In these cases, the lack of a clear framework applicable to USPs implies that they can become a method to circumvent procurement rules that ensure adequacy, transparency, and fairness. This may result in developing projects that are not in the public interest. Figure 20 USP regulatory framework (percent, N = 135) Explicitly prohibited Not regulated – 3% Do not happen in practice 30% Explicitly allowed Not regulated – Happen in practice 57% 10% Source: Procuring Infrastructure Public-Private Partnerships 2018. USPs are regulated differently across regions. Figure 21 shows that in 83 percent of the economies in South Asia, USPs are explicitly allowed by the regulatory framework. This is in contrast with the East Asia and Pacific and Middle East and North Africa regions, where USPs are explicitly allowed in only 47 percent and 50 percent of the economies, respectively. Moreover, East Asia and Pacific has the largest percentage of economies where USPs happen in practice despite not being regulated (20 percent). According to the Policy Guidelines for Managing Unsolicited Proposals in Infrastructure Projects published by the World Bank in 2017,59 “Many governments lack the technical expertise and experience to develop projects successfully from beginning to end, or they lack the financial resources to hire external advisors to support them in developing and procuring projects. Countries with limited public-sector capacity typically rely on USP proponents to develop the projects, in return for which the USP proponents typically expect the projects to be awarded to them.” Accordingly, it is not surprising to find that low-income economies, such as Afghanistan, Guinea, and Uganda, are more likely to have regulatory frameworks that specifically allow the use of USPs. On the contrary, in the majority (62 percent) of OECD high-income economies, where the regulatory frameworks remain silent regarding this matter, USPs do not take place in practice. Procuring Infrastructure Public-Private Partnerships Report 2018 65 Figure 21 USP regulatory framework by region (percent, N = 135) 100 3% 5% 3% 8% 3% 90 17% 12% 17% 10% 20% 80 12% 11% 70 29% 42% 33% 62% 60 Percent 50 40 83% 74% 72% 30 57% 50% 47% 20 31% 10 0 SAR SSA LAC ECA MENA EAP OECD high-income Explicitly allowed Not regulated - Happen in practice Not regulated - Do not happen in practice Explicitly prohibited Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: Some numbers in the figure may not add up due to rounding. ECA = Europe and Central Asia; EAP = East Asia and Pacific; 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. Competitive Bidding and Minimum Time Limits By having a clear and comprehensive competitive procedure in place for evaluating and managing USPs, governments can reduce the pressure from the private sector and special interest groups to accept USPs. In addition, a competitively tendered USP project is more likely to result in a well-structured PPP contract that maximizes value for money.60 The lack of transparency and not using a competitive procedure carries the risk of increasing corruption and can lead to the development of projects that are unsuitable and low quality, and provide low value for money.61 Interestingly, all the economies that either explicitly allow the use of USPs or conduct USPs in practice require a competitive procedure62 for government-initiated PPP projects. However, only 83 percent of them require that a USP be procured using a competitive mechanism. Some of the economies that do not require a competitive procedure for procuring USPs include the Republic of Congo, Guinea, and Moldova. Moreover, differences among income-level groups are cause for concern; low-income economies and lower-middle-income economies are more likely not to require competitive procedures. Among the economies that do not require USPs to be procured using a competitive procedure are Chad and Rwanda (low-income countries), as well as Djibouti and Vietnam (lower-middle-income countries). Approximately 66 percent of economies that conduct USPs mandate that some minimum amount of time should be given to additional bidders (those that did not initiate the USP) to prepare and submit their bids, including China, Côte d’Ivoire, Kazakhstan, and the Philippines. It is important to provide bidders with an adequate amount of time to prepare and submit their bids. It is even more important when the project originated as a USP because otherwise, the original proponent has an unfair advantage in the competitive bidding process. Therefore, in such cases, governments, at a minimum, should adopt the same policies/time that they use for the regular procurement procedure. Interestingly, 7 percent of economies that conduct USPs, including Gabon, Papua New Guinea, and Togo, do not provide bidders a minimum amount of time to bid in either a regular procedure or a USP procedure. In Cambodia, the government 66 provides bidders with a minimum time to prepare their bids for USPs, but the specific period of time is set by the procuring authority. Even in cases where a minimum amount of time is provided, it must be adequate for additional bidders to submit their bids.63 According to the World Bank Policy Guidelines for Managing Unsolicited Proposals in Infrastructure Projects, a low number of days gives the original USP proponent an advantage when submitting bids and could deter competition by discouraging additional proponents from submitting their bids. Furthermore, the guidelines state that “competing bidders must be given sufficient time to prepare a competitive bid and must have timely and equal access to all relevant information about the project.”64 The guidelines also note that in some economies that gives 60 days for additional bidders to prepare their bids with a right to match mechanism, such as the Philippines, the majority of the projects that originated as a USP resulted in the original USP proponent winning the bid.65 Moreover, private entities emphasize that they need at least three to six months to “develop a serious competing proposal.”66 Still, only 12 percent of economies, such as Jamaica, the Republic of Korea, and Tanzania, provide additional bidders with 90 days or more to submit their bids. The most common option (among 31 percent of economies, including Nigeria, Ukraine, and Uruguay) is to provide a minimum time of between 30 to 59 days. Such a period may not be sufficient for addition proponents to prepare adequate bids. The World Bank guidelines also state that “providing a short period for competing bidders to submit bids (usually less than six months) limits competition.” However, in only one of the economies, Colombia, bidders are granted six months (180 days) as minimum legal time to prepare bids. Finally, given that the original proponent has a head start in preparing the proposal and bidding documents, the World Bank guidelines recommend that additional proponents should be given at least the same amount of time, if not more, in the case of a USP procedure as compared to a regular PPP procedure. However, as Figure 22 shows, in 48 percent of economies, bidders are granted a minimum time that is shorter when the project originated as a USP procedure than in a regular PPP procurement procedure. These economies include Nigeria (30 days instead of 42 days) and the Philippines (60 days instead of 90 days). Only 11 percent of economies provide more time when the projects were originated as a USP. This includes economies such as Jamaica (90 days instead of 30 days); the United States, Commonwealth of Virginia (120 days instead of 60 days); and Russian Federation (45 days instead of 30 days). Figure 22 Comparison of Minimum number of days between regular and USP procedure (percent, N = 90) More USP minimum time than the regular procedure 11% No minimum time granted Same USP minimum time as the regular procedure 34% 7% Less USP minimum time than the regular procedure 48% Source: Procuring Infrastructure Public-Private Partnerships 2018. Note: The category “Same USP minimum time as the regular procedure” also includes the economies that specify a minimum time for both a regular and competitive procedure in their regulations, but do not specify the actual amount of time for either. The category “More USP minimum time than the regular procedure” also includes economies that mandate a minimum time for a USP procedure, but do not mandate it for a project initiated by the government. USP = unsolicited proposal. Procuring Infrastructure Public-Private Partnerships Report 2018 67 Conclusions and Next Steps Procuring Infrastructure PPPs 2018 reveals that there is significant room for improvement in the PPP regulatory framework of most of the 135 countries assessed during this exercise. Moreover, the lower the income level of the group, the lower the performance in the four assessed thematic areas: preparation, procurement, contract management, and management of USPs. However, it is important to note that preparation and contract management are the weakest performing areas across all income level groups and they are also the weakest areas with respect to adopting good transparency practices. The average performance also varies greatly by region. The high-income economies of the OECD and the Latin American and Caribbean regions perform at or above the average in all thematic areas. In contrast, Sub-Saharan Africa and the East Asia and Pacific region have the lowest average scores across thematic areas. Many of the economies assessed undertook some type of reform affecting the PPP regulatory framework in the past decade and in many others, efforts are underway to improve PPP regulations. In 76 of the 135 economies assessed, reforms were ongoing and/or are planned after the cutoff date of this report (June 1, 2017). The Procuring Infrastructure PPPs 2018 exercise aims to help governments by identifying areas of improvement to achieve more transparent, competitive, and efficient PPP procurement systems, and by providing a global assessment to learn from other countries’ experience. The methodology of the 2018 edition has incorporated inputs received during the dissemination of the previous edition and it is expected that it will continuously be improved in the hope of making the analysis in the next edition of this report even more robust. Methodology changes are anticipated in future editions of this report, and the team welcomes feedback on the methodology used in this year’s report. The thematic scope of the report could be expanded in future years. For example, better consideration could be given to subnational projects and data collection from outside the transportation sector (the current case study of the survey). Expanding the geographic scope of economies covered is always desirable. However, this year‘s edition included all emerging markets and development economies that have had at least one infrastructure PPP project in the last five years. Thus, expanding beyond these economies may prove difficult because of the lack of contributors with sufficient experience with the procurement of PPPs. Finally, while this report assesses the PPP regulatory framework, the ultimate aim is to ascertain the impacts of that framework on infrastructure investments. Measuring such impacts is a challenge because of the lack of data on outcome indicators. This remains an area for future research. 68 Procuring Infrastructure Public-Private Partnerships Report 2018 69 70 Economy Data Tables Procuring Infrastructure Public-Private Partnerships Report 2018 71 Economy Data Tables This section presents the individual Economy Data Tables, which include the scores for each of the four thematic areas measured by the report: preparation of public-private partnerships (PPPs), procurement of PPPs, contract management, and unsolicited proposals (USPs). In addition, the areas assessed and included in the scoring within each of the four thematic areas are displayed in the Economy Data Tables to facilitate the identification of areas of improvement. Table 1 summarizes the areas assessed and scored in Procuring Infrastructure PPPs 2018. Scores range between 0 and 100. Higher scores signify that an economy’s regulatory framework is in greater compliance with internationally recognized good practices in an area. Lower scores indicate that there is considerable room for improvement because of less adherence to international good practices measured by Procuring Infrastructure PPPs 2018. All benchmarks in the assessment are given an identical weight by the scoring methodology. A detailed description of the scoring methodology is contained in Appendix 1. Not all the data collected in the preparation of Procuring Infrastructure PPPs 2018 are scored. Only regulations and practices that are internationally recognized as good practices receive scores. Therefore, those regulations and practices for which no international consensus exists are not scored; this information is collected only for purposes of providing context. For a selected set of questions, clearly identified in the scoring methodology (Appendix 1), scoring includes the extent to which the regulatory framework is respected in practice, according to the expert contributors who helped devise and refine the survey. It is thus important to note that the assessment reflected in the scores relies on the information provided by the expert contributors. The Procuring Infrastructure PPPs 2018 team also crosschecked answers based on regulatory references with the referenced documents. Other answers reflect the opinion expressed by the expert contributors. For most economies, however, given the already limited number of expert contributors, the pool of contributors does not constitute a representative sample. Consequently, the assessment, particularly when referring to the contributors’ perceptions, must be understood in the context of this limitation. Moreover, Procuring Infrastructure PPPs 2018 is still perfecting its methodology. There have been significant changes in the scope of the exercise in comparison with Benchmarking PPP Procurement 2017. New questions have been added and several other questions have been heavily reformulated. Additional questions and reformulated questions scored in this edition are identified in Appendix 2. Therefore, changes in the scores should be interpreted with caution because they may be unrelated to regulatory reforms and depend only on changes in the scope of the assessment. Therefore, the scores contained in Procuring Infrastructure PPP 2018 are not comparable with the ones from the Benchmarking PPP Procurement 2017 report. All the data points employed in the scores for each thematic area, along with all the non-scored data points, are publicly available on the project’s website (http://bpp.worldbank.org). The website provides a full dataset for each economy, including all the answers to the questions and sub-questions of the survey instrument. In addition to providing greater context, the data on the website provides, when applicable, the detailed regulatory basis for each assessed item. This can deepen the understanding of each economy’s regulatory framework and practice related to PPP procurement. 72 Table 1 Areas assessed and scored by Procuring Infrastructure PPPs 2018 Preparation of PPPs Procurement of PPPs Contract management of PPPs Unsolicited proposals (USPs) Approval by the Ministry of PPP evaluation committee PPP contract management Regulation or prohibition of Finance or central budgetary meets specific qualifications system USPs authority Fiscal treatment of PPPs Publication of the PPP System for tracking progress Evaluation of USPs (budgetary, accounting, and procurement notice, award and completion of construction reporting treatment of PPPs) notice, and PPP contract works under a PPP contract (including subsequent amendments) Consistency of PPP within other No prohibition of foreign PPP contract monitoring and Vetting procedure and/or pre- public investment priorities companies participating in the evaluation system of the PPP feasibility analysis. PPP bidding process contract implementation after construction Assessment of PPP feasibility: Legal minimum period of time No prohibition of foreign Consistency of USPs with other Socioeconomic impact granted to prepare PPP bids companies from repatriating government priorities the income resulting from the operation of PPPs Assessment of PPP feasibility: Procurement procedures Change in the structure of the Requirement for competitive Fiscal affordability available when procuring PPPs special purpose vehicle (SPV) procedure to award USPs Assessment of PPP feasibility: Inclusion in the tender Modification or renegotiation Legal minimum period of time Risk identification documents of details of the PPP of PPPs granted to prepare alternative procurement process proposals Assessment of PPP feasibility: Inclusion in the tender Force majeure, material adverse Comparative assessment (value documents of prequalification/ government change, change for money) short-listing criteria (when in the law, refinancing, and applicable) subcontracting Assessment of PPP feasibility: Questions, clarifications, Dispute resolution mechanisms Bankability pre-biding conference, and disclosure of answers and results Assessment of PPP feasibility: Inclusion of financial model in Lenders’ step-in rights Market sounding/assessment the proposals Assessment of PPP feasibility: Evaluation according to Grounds for and consequences Environmental impact evaluation criteria stated in of PPP contract termination assessment tender documents Inclusion of assessments in the Treatment of sole proposals request for proposals and/or tender documents Inclusion of draft PPP contract Notification to all bidders of the in the request for proposal results of the PPP procurement process Publication of assessments and Establishment of a legal tender documents online standstill period Standardization of PPP Restriction of negotiations contracts between the time of the award and the signature of the PPP contract Note: PPP = public-private partnership; USP = unsolicited proposal. Procuring Infrastructure Public-Private Partnerships Report 2018 73 GNI Per Capita (IN USD) Afghanistan South Asia $570 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the economic balance; Yes signed) regulated changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days 74 GNI Per Capita (IN USD) Albania Europe and Central Asia $4,180 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 7 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the risk signed) regulated allocation Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 75 GNI Per Capita (IN USD) Algeria Middle East and North Africa $4,220 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP No Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 76 GNI Per Capita (IN USD) Angola Sub-Saharan Africa $3,450 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 20 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance information is published online Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 77 GNI Per Capita (IN USD) Argentina (Concessions) Latin America and Caribbean $11,970 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 20 calendar days Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 3 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in the scope; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Dispute resolution mechanisms Yes Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 20 calendar days 78 GNI Per Capita (IN USD) Argentina (PPP) Latin America and Caribbean $11,970 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Detailed membership and/or System to manage the implementation of the PPP contract Yes qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Unilateral modification by the procuring authority possible. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the economic balance; changes in duration; signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 79 GNI Per Capita (IN USD) Armenia Europe and Central Asia $3,770 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 40 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 80 GNI Per Capita (IN USD) Australia OECD HIGH-INCOME $54,420 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive procedure Availability of various procurement procedures for PPPs with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Personnel training System to manage the implementation of the PPP contract Yes programs. Risk mitigation mechanism. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified Procuring Infrastructure Public-Private Partnerships Report 2018 81 GNI Per Capita (IN USD) Austria OECD HIGH-INCOME $45,790 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 52 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 82 GNI Per Capita (IN USD) Azerbaijan Europe and Central Asia $4,760 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment Yes Fiscal affordability assessment No Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice No Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Dispute resolution mechanisms Yes International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 83 GNI Per Capita (IN USD) Bangladesh South Asia $1,330 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 56 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 No Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 56 calendar days 84 GNI Per Capita (IN USD) Belarus Europe and Central Asia $5,590 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 42 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 7 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments not published PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance information is published online Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 85 GNI Per Capita (IN USD) Belgium OECD HIGH-INCOME $41,820 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 86 GNI Per Capita (IN USD) Benin Sub-Saharan Africa $820 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments also published PPP Contract Management Participation of the team in procurement. PPP contract management team requires System to manage the implementation of the PPP contract Yes qualifications without specific detail System for tracking progress and completion of construction works No Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 87 GNI Per Capita (IN USD) Bosnia and Herzegovina Europe and Central Asia $4,940 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Availability of various procurement procedures for PPPs Open procedure (single-stage tendering) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online. PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Dispute resolution mechanisms Yes International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 88 GNI Per Capita (IN USD) Botswana Sub-Saharan Africa $6,750 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 42 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Personnel training programs. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about Yes signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly prohibited Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 89 GNI Per Capita (IN USD) Brazil (Concessions) Latin America and Caribbean $8,840 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Unilateral modification by the procuring authority possible. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Dispute resolution mechanisms Yes Domestic arbitration Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 90 GNI Per Capita (IN USD) Brazil (PPP) Latin America and Caribbean $8,840 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 91 GNI Per Capita (IN USD) Bulgaria Europe and Central Asia $7,580 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 14 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Dispute resolution mechanisms Yes Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 35 calendar days 92 GNI Per Capita (IN USD) Burkina Faso Sub-Saharan Africa $620 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments also published PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about: changes in the economic balance; changes in duration signed) regulated Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 93 GNI Per Capita (IN USD) Burundi Sub-Saharan Africa $280 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 20 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Unilateral modification by the procuring authority possible signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Material adverse government action. Refinancing. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 90 calendar days 94 GNI Per Capita (IN USD) Cambodia East Asia and Pacific $1,140 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Availability of various procurement procedures for PPPs Direct negotiation not discretionary No Tender documents detail the procurement procedure No Tender documents specify prequalification/shortlisting criteria (if apl.) No Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about Yes signed) regulated changes in duration Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified Procuring Infrastructure Public-Private Partnerships Report 2018 95 GNI Per Capita (IN USD) Cameroon Sub-Saharan Africa $1,400 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Unilateral modification by the procuring authority possible signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified 96 GNI Per Capita (IN USD) Canada OECD HIGH-INCOME $43,660 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online. PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Personnel training System to manage the implementation of the PPP contract Yes programs. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Abatement of payments for non-performance. Private partner provides periodic Monitoring and evaluation system of the PPP contract implementation Yes information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law. Refinancing Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 97 GNI Per Capita (IN USD) Chad Sub-Saharan Africa $720 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Availability of various procurement procedures for PPPs Open procedure (single-stage tendering) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 98 GNI Per Capita (IN USD) Chile OECD HIGH-INCOME $13,540 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Risk mitigation mechanism. System to manage the implementation of the PPP contract Yes Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance information is published online Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 99 GNI Per Capita (IN USD) China East Asia and Pacific $8,250 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 21 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 10 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law. Refinancing Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 21 calendar days 100 GNI Per Capita (IN USD) Colombia Latin America and Caribbean $6,310 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 180 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 101 GNI Per Capita (IN USD) Congo, Dem. Rep. Sub-Saharan Africa $430 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the economic balance; changes in duration; signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Local administrative review body. International arbitration. Investor-State Dispute Dispute resolution mechanisms Yes Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 102 GNI Per Capita (IN USD) Congo, Rep. Sub-Saharan Africa $1,710 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP No Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 103 GNI Per Capita (IN USD) Costa Rica (Concessions) Latin America and Caribbean $10,840 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 63 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Procurement authority gathers information. Performance information is published Monitoring and evaluation system of the PPP contract implementation Yes online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in the economic balance; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 63 calendar days 104 GNI Per Capita (IN USD) Costa Rica (PPP) Latin America and Caribbean $10,840 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 21 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in the scope; changes in the economic balance Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 105 GNI Per Capita (IN USD) CÔte d’Ivoire Sub-Saharan Africa $1,520 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments not published PPP Contract Management System to manage the implementation of the PPP contract Yes Participation of the team in procurement System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about: changes in the scope; changes in duration signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 106 GNI Per Capita (IN USD) Croatia Europe and Central Asia $12,140 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes Specific methodology developed Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Personnel training System to manage the implementation of the PPP contract Yes programs. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly prohibited Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 107 GNI Per Capita (IN USD) Czech Republic OECD HIGH-INCOME $17,540 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 25 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Performance information is published online Abatement of payments for non-performance. Performance information is Monitoring and evaluation system of the PPP contract implementation Yes published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 108 GNI Per Capita (IN USD) Denmark OECD HIGH-INCOME $56,990 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the economic balance; Yes signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 109 GNI Per Capita (IN USD) Djibouti Middle East and North Africa $1,908 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Performance assessment against established criteria Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in the economic balance; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 110 GNI Per Capita (IN USD) Dominican Republic Latin America and Caribbean $6,390 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in the scope; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 111 GNI Per Capita (IN USD) Ecuador Latin America and Caribbean $5,800 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Availability of various procurement procedures for PPPs Open procedure (single-stage tendering) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) No Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Dispute resolution mechanisms Yes Local administrative review body. Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified 112 GNI Per Capita (IN USD) Egypt, Arab Republic Of Middle East and North Africa $3,410 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Detailed membership and/or System to manage the implementation of the PPP contract Yes qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Changes in the private partner during an initial period regulated and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the economic balance; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law. Refinancing Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 113 GNI Per Capita (IN USD) El Salvador Latin America and Caribbean $3,920 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes Specific methodology developed Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 14 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive procedure Availability of various procurement procedures for PPPs with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Risk mitigation System to manage the implementation of the PPP contract Yes mechanism. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification by Modification/renegotiation of the PPP contract (once the contract is Yes the procuring authority possible. Regulations about: changes in the scope; changes in signed) regulated the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days 114 GNI Per Capita (IN USD) Eritrea Sub-Saharan Africa $823 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) No Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 115 GNI Per Capita (IN USD) Estonia OECD HIGH-INCOME $17,750 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 52 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 14 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the economic balance; Yes signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 116 GNI Per Capita (IN USD) Ethiopia Sub-Saharan Africa $660 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 7 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Personnel training programs. System to manage the implementation of the PPP contract Yes PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Performance assessment against established criteria Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Approval by an additional government authority required signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action Dispute resolution mechanisms Yes Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 117 GNI Per Capita (IN USD) Finland OECD HIGH-INCOME $45,050 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 14 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 118 GNI Per Capita (IN USD) France (Concessions) OECD HIGH-INCOME $38,720 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment No Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 16 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments also published PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in the scope; changes in the risk allocation; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Dispute resolution mechanisms Yes Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 119 GNI Per Capita (IN USD) France (PPP) OECD HIGH-INCOME $38,720 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 16 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in the scope; changes in the risk allocation; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 120 GNI Per Capita (IN USD) Gabon Sub-Saharan Africa $7,210 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 121 GNI Per Capita (IN USD) Georgia Europe and Central Asia $3,830 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 15 calendar days Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Approval by an additional government authority required signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 122 GNI Per Capita (IN USD) Germany OECD High Income $43,850 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly prohibited Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 123 GNI Per Capita (IN USD) Ghana Sub-Saharan Africa $1,380 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 43 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Approval by an additional government authority required signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 124 GNI Per Capita (IN USD) Greece OECD HIGH-INCOME $19,090 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Risk mitigation mechanism. System to manage the implementation of the PPP contract Yes PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 125 GNI Per Capita (IN USD) Guatemala Latin America and Caribbean $3,790 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Detailed membership and/or System to manage the implementation of the PPP contract Yes qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Changes in the private partner during an initial period regulated and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 126 GNI Per Capita (IN USD) Guinea Sub-Saharan Africa $670 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 58 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 127 GNI Per Capita (IN USD) Haiti Latin America and Caribbean $780 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments not published PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. Personnel training programs System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the economic balance; changes in duration; signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Local administrative review body. International arbitration. Investor-State Dispute Dispute resolution mechanisms Yes Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 128 GNI Per Capita (IN USD) Honduras Latin America and Caribbean $2,150 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 17 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Detailed membership and/or System to manage the implementation of the PPP contract Yes qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance information is published online Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Approval by an additional government authority required signed) regulated Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 129 GNI Per Capita (IN USD) Hungary OECD High-Income $12,570 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 130 GNI Per Capita (IN USD) India South Asia $1,670 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 No Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP implementation System to manage the implementation of the PPP contract Yes manual. Personnel training programs. Risk mitigation mechanism. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in the economic balance Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly prohibited Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 131 GNI Per Capita (IN USD) Indonesia East Asia and Pacific $3,400 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 7 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Changes in the private partner during an initial period regulated and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 132 GNI Per Capita (IN USD) Iraq Middle East and North Africa $5,420 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in duration signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Material adverse government action Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 133 GNI Per Capita (IN USD) Ireland OECD HIGH-INCOME $51,760 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 16 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. Risk mitigation mechanism System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 134 GNI Per Capita (IN USD) Italy OECD HIGH-INCOME $31,730 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 35 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Abatement of payments for non-performance. Private partner provides periodic Monitoring and evaluation system of the PPP contract implementation Yes information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Dispute resolution mechanisms Yes Local administrative review body. Domestic arbitration. International arbitration Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 35 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 135 GNI Per Capita (IN USD) Jamaica Latin America and Caribbean $4,630 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments not published PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Approval by an additional government authority required signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 90 calendar days 136 GNI Per Capita (IN USD) Japan OECD High-Income $37,930 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Elaboration of a PPP implementation manual. Personnel training programs. Risk System to manage the implementation of the PPP contract Yes mitigation mechanism System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in duration; changes in the price Yes signed) regulated or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 137 GNI Per Capita (IN USD) Jordan Middle East and North Africa $3,920 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the risk allocation; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 138 GNI Per Capita (IN USD) Kazakhstan Europe and Central Asia $8,810 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Unilateral modification Yes signed) regulated by the procuring authority possible. Regulations about: changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 139 GNI Per Capita (IN USD) Kenya Sub-Saharan Africa $1,380 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the risk allocation; changes in the economic balance Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 140 GNI Per Capita (IN USD) Korea, Rep. OECD HIGH-INCOME $27,600 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Elaboration of a PPP implementation manual System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the economic balance; changes in duration; changes in the price or signed) regulated tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 90 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 141 GNI Per Capita (IN USD) Kosovo Europe and Central Asia $3,850 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 20 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Elaboration of a PPP implementation manual. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Change in the law. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 142 GNI Per Capita (IN USD) Kuwait Middle East and North Africa $34,890 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Elaboration of a PPP implementation manual System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the economic signed) regulated balance; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 90 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 143 GNI Per Capita (IN USD) Kyrgyz Republic Europe and Central Asia $1,100 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days 144 GNI Per Capita (IN USD) Lao PDR East Asia and Pacific $2,150 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in the price or tariff signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 145 GNI Per Capita (IN USD) Latvia OECD HIGH-INCOME $14,570 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk Identification Yes Specific methodology developed Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments also published PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Changes in the private partner during an initial period regulated and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Dispute resolution mechanisms Yes International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 146 GNI Per Capita (IN USD) Lebanon Middle East and North Africa $7,980 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 15 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure No Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 147 GNI Per Capita (IN USD) Lithuania Europe and Central Asia $14,750 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 52 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Risk mitigation System to manage the implementation of the PPP contract Yes mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the economic balance; Yes signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 52 calendar days 148 GNI Per Capita (IN USD) MACEDONIA, FYR Europe and Central Asia $4,980 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment Yes Specific methodology developed Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 12 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 149 GNI Per Capita (IN USD) Madagascar Sub-Saharan Africa $400 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 40 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period Yes 20 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Risk mitigation System to manage the implementation of the PPP contract Yes mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 150 GNI Per Capita (IN USD) Malawi Sub-Saharan Africa $320 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 151 GNI Per Capita (IN USD) Malaysia East Asia and Pacific $9,860 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process No Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Changes in the private partner during an initial period regulated and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified 152 GNI Per Capita (IN USD) Mali Sub-Saharan Africa $770 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments not published PPP Contract Management System to manage the implementation of the PPP contract Yes Personnel training programs System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in the economic balance; changes in duration Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 153 GNI Per Capita (IN USD) Mauritius (Concessions) Sub-Saharan Africa $9,770 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure established Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Specific methodology developed Risk Identification Yes Specific methodology developed Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments not published PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Risk mitigation System to manage the implementation of the PPP contract Yes mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in the price or tariff signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 154 GNI Per Capita (IN USD) Mauritius (PPP) Sub-Saharan Africa $9,770 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period Yes 7 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in the price or tariff signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 155 GNI Per Capita (IN USD) Mexico Latin America and Caribbean $9,040 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance information is published online Abatement of payments for non-performance. Private partner provides periodic Monitoring and evaluation system of the PPP contract implementation Yes information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 28 calendar days 156 GNI Per Capita (IN USD) Moldova Europe and Central Asia $2,120 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in the risk allocation. signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 157 GNI Per Capita (IN USD) Mongolia East Asia and Pacific $3,590 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 No Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Private partner provides periodic information. Performance information is Monitoring and evaluation system of the PPP contract implementation Yes published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in duration signed) regulated Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days 158 GNI Per Capita (IN USD) Montenegro Europe and Central Asia $7,120 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 159 GNI Per Capita (IN USD) Morocco Middle East and North Africa $2,850 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 40 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about: changes in the risk allocation; changes in the economic balance signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 40 calendar days 160 GNI Per Capita (IN USD) Mozambique Sub-Saharan Africa $480 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 21 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Risk mitigation mechanism System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in duration signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 161 GNI Per Capita (IN USD) Myanmar East Asia and Pacific $1,190 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding No Minimum period of time to submit the bids Yes 30 calendar days Availability of various procurement procedures for PPPs Open procedure (single-stage tendering) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure No Tender documents specify prequalification/shortlisting criteria (if apl.) No Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 162 GNI Per Capita (IN USD) Nepal South Asia $730 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement. Elaboration of a PPP implementation manual. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Abatement of payments for non-performance. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 163 GNI Per Capita (IN USD) Netherlands OECD High-Income $46,640 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 20 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 164 GNI Per Capita (IN USD) New Zealand OECD High-Income $38,750 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 140 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Personnel training System to manage the implementation of the PPP contract Yes programs. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the risk Yes signed) regulated allocation; changes in the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 165 GNI Per Capita (IN USD) Nicaragua Latin America and Caribbean $2,100 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 120 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 5 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Unilateral modification Yes signed) regulated by the procuring authority possible. Regulations about changes in the scope Circumstances that may occur during the life of the PPP contract regulated Yes Material adverse government action. Change in the law. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 120 calendar days 166 GNI Per Capita (IN USD) Niger (Concessions) Sub-Saharan Africa $370 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment No Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 5 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 167 GNI Per Capita (IN USD) Niger (PPP) Sub-Saharan Africa $370 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments not published PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team. Personnel training programs System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified 168 GNI Per Capita (IN USD) Nigeria Sub-Saharan Africa $2,450 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 42 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Detailed membership and/or System to manage the implementation of the PPP contract Yes qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 169 GNI Per Capita (IN USD) Pakistan South Asia $1,500 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments also published PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team. Risk mitigation mechanism System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 170 GNI Per Capita (IN USD) Panama Latin America and Caribbean $12,140 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 40 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in the economic balance; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes Minimum time provided but not explicitly specified Procuring Infrastructure Public-Private Partnerships Report 2018 171 GNI Per Capita (IN USD) Papua New Guinea East Asia and Pacific $2,680 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No Procurement of PPPs Evaluation committee members required to meet specific qualifications No Public procurement notice of the PPP issued by procuring authority No Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure No Tender documents specify prequalification/shortlisting criteria (if apl.) No Clarification questions for procurement notice and/or the RFP No Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Dispute resolution mechanisms No Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 172 GNI Per Capita (IN USD) Paraguay Latin America and Caribbean $4,060 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in the economic balance; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 173 GNI Per Capita (IN USD) Peru Latin America and Caribbean $5,950 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement. Risk mitigation mechanism System for tracking progress and completion of construction works Yes Performance information is published online Monitoring and evaluation system of the PPP contract implementation Yes Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 150 calendar days 174 GNI Per Capita (IN USD) Philippines East Asia and Pacific $3,580 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in duration; changes signed) regulated in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 175 GNI Per Capita (IN USD) Poland OECD HIGH-INCOME $12,690 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 176 GNI Per Capita (IN USD) Portugal OECD HIGH-INCOME $19,880 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 47 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 177 GNI Per Capita (IN USD) Qatar Middle East and North Africa $67,630 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Abatement of payments for non-performance Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about Yes signed) regulated changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 178 GNI Per Capita (IN USD) Romania EUROPE AND CENTRAL ASIA $9,480 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Personnel training programs. System to manage the implementation of the PPP contract Yes PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Abatement of payments for non-performance Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Unilateral modification by the procuring authority possible. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 179 GNI Per Capita (IN USD) Russian Federation (Concessions) Europe and Central Asia $9,720 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included No specific period of time regulated. Standstill period not set out in the award Standstill period Yes notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance information is published online Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 180 GNI Per Capita (IN USD) Russian Federation (PPP) Europe and Central Asia $9,720 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding No Minimum period of time to submit the bids Yes 30 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information. Performance information is published online Foreign companies permitted to repatriate income No Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about Yes signed) regulated changes in the economic balance Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Change in the law Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 181 GNI Per Capita (IN USD) Rwanda Sub-Saharan Africa $700 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 182 GNI Per Capita (IN USD) Saudi Arabia Middle East and North Africa $21,720 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Availability of various procurement procedures for PPPs Open procedure (single-stage tendering) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Abatement of payments for non-performance. Private partner provides periodic Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 183 GNI Per Capita (IN USD) Senegal (Concessions) Sub-Saharan Africa $950 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment No Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP No Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Unilateral modification by the procuring authority possible. Regulations about: Yes signed) regulated changes in the scope; changes in duration Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Local administrative review body. Domestic arbitration. International arbitration. Dispute resolution mechanisms Yes Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days 184 GNI Per Capita (IN USD) Senegal (PPP) Sub-Saharan Africa $950 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments also published PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 185 GNI Per Capita (IN USD) Serbia Europe and Central Asia $5,310 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is by the procuring authority possible. Regulations about: changes in the scope; Yes signed) regulated changes in the risk allocation; changes in the economic balance; changes in duration; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 60 calendar days 186 GNI Per Capita (IN USD) Sierra Leone Sub-Saharan Africa $490 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 42 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Personnel training System to manage the implementation of the PPP contract Yes programs. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about: changes in the economic balance; changes in the price or tariff signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Dispute resolution mechanisms Yes International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 42 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 187 GNI Per Capita (IN USD) Singapore East Asia and Pacific $51,880 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 40 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Risk mitigation mechanism. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 188 GNI Per Capita (IN USD) Slovak Republic OECD HIGH-INCOME $16,810 Preparation of PPPs Central budgetary authority’s approval Yes Only before contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 16 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Abatement of payments for non-performance. Private partner provides periodic Monitoring and evaluation system of the PPP contract implementation Yes information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the economic balance; changes in the price or signed) regulated tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 189 GNI Per Capita (IN USD) Slovenia OECD HIGH-INCOME $21,620 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 52 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Unilateral modification by the procuring authority possible. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 52 calendar days 190 GNI Per Capita (IN USD) Solomon Islands East Asia and Pacific $1,880 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 191 GNI Per Capita (IN USD) Somalia Sub-Saharan Africa $442 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment No Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 42 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure No Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 14 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals No Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 192 GNI Per Capita (IN USD) South Africa Sub-Saharan Africa $5,490 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 21 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in procurement. Elaboration of a PPP implementation manual. Personnel training System to manage the implementation of the PPP contract Yes programs. Risk mitigation mechanism. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in the risk allocation Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 21 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 193 GNI Per Capita (IN USD) Spain OECD HIGH-INCOME $27,600 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 52 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 21 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Approval by an additional government authority required. Unilateral modification by Modification/renegotiation of the PPP contract (once the contract is Yes the procuring authority possible. Regulations about: changes in the scope; changes signed) regulated in the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Dispute resolution mechanisms Yes Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 52 calendar days 194 GNI Per Capita (IN USD) Sri Lanka South Asia $3,780 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Restricted procedure (competitive procedure with prequalification stage). Availability of various procurement procedures for PPPs Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 9 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement. Elaboration of a PPP implementation manual. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Procurement authority Monitoring and evaluation system of the PPP contract implementation Yes gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 90 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 195 GNI Per Capita (IN USD) Sudan Sub-Saharan Africa $2,140 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 7 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Personnel training programs. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Private partner provides Monitoring and evaluation system of the PPP contract implementation Yes periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the economic balance; changes in duration Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 196 GNI Per Capita (IN USD) Sweden OECD HIGH-INCOME $54,590 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 15 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 197 GNI Per Capita (IN USD) Switzerland OECD HIGH-INCOME $81,240 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 40 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 198 GNI Per Capita (IN USD) Tajikistan Europe and Central Asia $1,110 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in duration signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Material adverse government action. Change in the law Dispute resolution mechanisms Yes International arbitration Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 28 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 199 GNI Per Capita (IN USD) Tanzania Sub-Saharan Africa $900 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works No Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Approval by an additional government authority required signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 90 calendar days 200 GNI Per Capita (IN USD) Thailand East Asia and Pacific $5,640 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding No Minimum period of time to submit the bids Yes 60 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP No Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works No Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the scope; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 201 GNI Per Capita (IN USD) Timor-Leste East Asia and Pacific $2,060 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Performance assessment against established criteria Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about Yes signed) regulated changes in the economic balance Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 202 GNI Per Capita (IN USD) Togo (Concessions) Sub-Saharan Africa $540 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 19 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Regulations about changes in the scope signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 203 GNI Per Capita (IN USD) Togo (PPP) Sub-Saharan Africa $540 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) No Clarification questions for procurement notice and/or the RFP No Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice No Notification of the result of the PPP procurement process No Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes Unilateral modification by the procuring authority possible signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No 204 GNI Per Capita (IN USD) Tonga East Asia and Pacific $4,060 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization No Economic analysis assessment No Fiscal affordability assessment Yes No specific methodology developed Risk Identification No Comparative assessment (value for money analysis) No Financial viability or bankability assessment No Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period Yes 14 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation No Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated No Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids Procuring Infrastructure Public-Private Partnerships Report 2018 205 GNI Per Capita (IN USD) Trinidad and Tobago Latin America and Caribbean $16,240 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria No Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period Yes No specific period of time regulated. Standstill period set out in the award notice Negotiations with the selected bidder restricted No Publication of contract Yes Not available online. Amendments not published PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Approval by an additional government authority required. Regulations about: Modification/renegotiation of the PPP contract (once the contract is Yes changes in the scope; changes in the risk allocation; changes in the economic signed) regulated balance; changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated No Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract No Unsolicited Proposals Regulation of USPs Not regulated but do happen in practice Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No 206 GNI Per Capita (IN USD) Tunisia Middle East and North Africa $3,690 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 20 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Re-tendering required Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement. Elaboration of a PPP implementation manual. Detailed membership and/or qualifications of the PPP contract management team regulated System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in duration; changes in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 20 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 207 GNI Per Capita (IN USD) Turkey Europe and Central Asia $11,230 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 45 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes 10 calendar days. Standstill period not set out in the award notice Negotiations with the selected bidder restricted No Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual. Personnel training programs. Risk mitigation mechanism. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 208 GNI Per Capita (IN USD) Uganda Sub-Saharan Africa $630 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids No Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage Availability of various procurement procedures for PPPs tendering Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Personnel training programs. PPP contract management team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about: Yes signed) regulated changes in the risk allocation; changes in the economic balance Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Refinancing Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 209 GNI Per Capita (IN USD) Ukraine Europe and Central Asia $2,310 Preparation of PPPs Central budgetary authority’s approval Yes Only before tendering Fiscal treatment of PPPs Yes Only specific budgetary treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference No Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted No Publication of contract Yes Available online PPP Contract Management System to manage the implementation of the PPP contract No System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Private partner provides periodic information Foreign companies permitted to repatriate income No Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Material adverse government action. Change in the law. Refinancing Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 30 calendar days 210 GNI Per Capita (IN USD) United Arab Emirates Middle East and North Africa $40,480 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received Yes Detailed procedure established Publication of award notice Yes Not available online Notification of the result of the PPP procurement process Yes Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Dispute resolution mechanisms Yes Local administrative review body. Domestic arbitration. International arbitration Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 211 GNI Per Capita (IN USD) United Kingdom OECD HIGH-INCOME $42,330 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Only specific accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments also available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 35 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period Yes 10 calendar days. Standstill period set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management Establishment of a PPP contract management team. Participation of the team in System to manage the implementation of the PPP contract Yes procurement System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Changes in the private partner during an initial period regulated. Same Yes and/or assignment of the PPP contract regulated qualifications legally required for the replacing entity Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the scope; changes in the risk allocation; changes in Yes signed) regulated the economic balance; changes in the price or tariff Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Not regulated and do not happen in practice Assessment to evaluate unsolicited proposals Vetting procedure and/or pre-feasibility analysis of USPs Evaluation of consistency of USPs with other government priorities Competitive PPP procurement procedure for USPs Minimum period of time to submit the bids 212 GNI Per Capita (IN USD) United States OECD HIGH-INCOME $56,810 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 60 calendar days Availability of various procurement procedures for PPPs Restricted procedure (competitive procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Participation of the team System to manage the implementation of the PPP contract Yes in procurement. Elaboration of a PPP implementation manual. Risk mitigation mechanism System for tracking progress and completion of construction works Yes Performance information is published online Private partner provides periodic information. Procurement authority gathers Monitoring and evaluation system of the PPP contract implementation Yes information. Performance information is published online Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Yes signed) regulated Force majeure. Material adverse government action. Change in the law. Circumstances that may occur during the life of the PPP contract regulated Yes Refinancing. Subcontracting Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes To be regulated as part of a direct agreement or in the PPP contract Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure established Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 120 calendar days Procuring Infrastructure Public-Private Partnerships Report 2018 213 GNI Per Capita (IN USD) Uruguay Latin America and Caribbean $15,230 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment Yes No specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering Direct negotiation not discretionary Yes Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference No Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment when only one proposal is received No Publication of award notice Yes Available online Notification of the result of the PPP procurement process Yes Grounds for selection included Standstill period Yes No specific period of time regulated. Standstill period not set out in the award notice Negotiations with the selected bidder restricted Yes Publication of contract Yes Available online PPP Contract Management Establishment of a PPP contract management team. Elaboration of a PPP System to manage the implementation of the PPP contract Yes implementation manual System for tracking progress and completion of construction works Yes Performance assessment against established criteria. Abatement of payments for Monitoring and evaluation system of the PPP contract implementation Yes non-performance. Private partner provides periodic information. Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Approval by an additional government authority required. Unilateral modification Modification/renegotiation of the PPP contract (once the contract is Yes by the procuring authority possible. Regulations about: changes in the scope; signed) regulated changes in the economic balance Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Material adverse government action. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes 45 calendar days 214 GNI Per Capita (IN USD) Vietnam East Asia and Pacific $2,100 Preparation of PPPs Central budgetary authority’s approval No Fiscal treatment of PPPs Yes Both budgetary and accounting/reporting treatment PPPs’ 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 Comparative assessment (value for money analysis) Yes Specific methodology developed Financial viability or bankability assessment Yes Specific methodology developed Market sounding and/or assessment Yes Specific methodology developed Environmental impact analysis Yes No specific methodology developed Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents not available online Standardized PPP model contracts and/or transaction documents Yes 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 90 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes Establishment of a PPP contract management team System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Procurement authority gathers information Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes Same qualifications legally required for the replacing entity and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Approval by an additional government authority required. Regulations about Yes signed) regulated changes in the scope Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law. Subcontracting Dispute resolution mechanisms Yes Domestic arbitration. International arbitration Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs No Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 215 GNI Per Capita (IN USD) Zambia Sub-Saharan Africa $1,360 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ 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 Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis No Assessments included in the RFP and/or tender documents Yes Assessments not available online Draft PPP contract included in the RFP Yes Tender documents also available online Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes No specific period of time regulated Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary Yes Tender documents detail the procurement procedure No Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers not publicly disclosed Pre-bidding conference Yes Results publicly disclosed Financial model submitted with proposal Yes Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract Yes Not available online. Amendments not published PPP Contract Management Establishment of a PPP contract management team. PPP contract management System to manage the implementation of the PPP contract Yes team requires qualifications without specific detail System for tracking progress and completion of construction works Yes Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner Yes and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is Regulations about: changes in the economic balance; changes in duration; changes Yes signed) regulated in the price or tariff Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure. Change in the law Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights Yes Expressly established in the regulatory framework Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities No Competitive PPP procurement procedure for USPs Yes Minimum period of time to submit the bids Yes No specific period of time regulated 216 GNI Per Capita (IN USD) Zimbabwe Sub-Saharan Africa $890 Preparation of PPPs Central budgetary authority’s approval Yes Both before tendering and contract signature Fiscal treatment of PPPs No PPPs’ prioritization consistent with public investment prioritization Yes Detailed procedure not regulated Economic analysis assessment Yes No specific methodology developed Fiscal affordability assessment Yes Risk Identification Yes No specific methodology developed Comparative assessment (value for money analysis) Yes No specific methodology developed Financial viability or bankability assessment Yes No specific methodology developed Market sounding and/or assessment No Environmental impact analysis Yes Specific methodology developed Assessments included in the RFP and/or tender documents No Draft PPP contract included in the RFP No Standardized PPP model contracts and/or transaction documents No 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 Foreign companies permitted to participate in PPP bidding Yes Minimum period of time to submit the bids Yes 30 calendar days Open procedure (single-stage tendering). Restricted procedure (competitive Availability of various procurement procedures for PPPs procedure with prequalification stage) Direct negotiation not discretionary No Tender documents detail the procurement procedure Yes Tender documents specify prequalification/shortlisting criteria (if apl.) Yes Clarification questions for procurement notice and/or the RFP Yes Answers publicly disclosed Pre-bidding conference Yes Results not publicly disclosed Financial model submitted with proposal No Proposals solely evaluated in accordance with published criteria Yes Treatment 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 Grounds for selection not included Standstill period No Negotiations with the selected bidder restricted Yes Publication of contract No PPP Contract Management System to manage the implementation of the PPP contract Yes System for tracking progress and completion of construction works No Monitoring and evaluation system of the PPP contract implementation Yes Foreign companies permitted to repatriate income Yes Change in the structure (stakeholder composition) of the private partner No and/or assignment of the PPP contract regulated Modification/renegotiation of the PPP contract (once the contract is No signed) regulated Circumstances that may occur during the life of the PPP contract regulated Yes Force majeure Domestic arbitration. International arbitration. Investor-State Dispute Settlement Dispute resolution mechanisms Yes (ISDS) Lenders’ step-in rights No Grounds for termination of a PPP contract Yes Consequences of termination expressly regulated Unsolicited Proposals Regulation of USPs Expressly regulated Assessment to evaluate unsolicited proposals Yes Vetting procedure and/or pre-feasibility analysis of USPs Yes Evaluation of consistency of USPs with other government priorities Yes Detailed procedure not regulated Competitive PPP procurement procedure for USPs No Minimum period of time to submit the bids No Procuring Infrastructure Public-Private Partnerships Report 2018 217 Appendix 1. Scoring Methodology Thematic area What is measured How it is scored Preparation of The Ministry of Finance or central A score of 1 if yes based on a regulatory provision. PPPs budgetary authority approves the PPP A score of 0.5 if yes based on a recognized practice. project before launching the procurement 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. Fiscal treatment of PPPs (budgetary, A score of 0.5 if there is a specific budgetary treatment of PPPs, accounting and/or reporting treatment based on a regulatory provision. of PPPs). + A score of 0.25 if yes based on a recognized practice. A score of 0.5 if there is a specific accounting and/or reporting system for PPPs, based on a regulatory provision. A score of 0.25 if yes based on a recognized practice. Prioritization of PPP projects with all A score of 1 if a specific procedure is detailed in the regulatory other public investment projects (for framework. example, in the context of a national A score of 0.5 if consistency is required only as a general principle. public investment system) to ensure A score of 0.25 if yes based on a recognized practice. consistency of PPPs with other public investment priorities.a Socioeconomic analysis (cost-benefit A score of 1 if required and a specific methodology has been analysis of the socioeconomic impact of developed. the project).a A score of 0.5 if required but no specific methodology has been developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. Fiscal affordability assessment, including A score of 1 if required and a specific methodology has been the identification of the required long- developed. term public commitments (explicit and A score of 0.5 if required but no specific methodology has been implicit).a developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. Risk identification, allocation, and A score of 1 if required and a specific methodology has been assessment (risk matrix).a developed. A score of 0.5 if required but no specific methodology has been developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. Comparative assessment to evaluate A score of 1 if required and a specific methodology has been whether PPP is the best option as developed. compared with other procurement A score of 0.5 if required but no specific methodology has been strategies (value for money analysis, developed. public sector comparator).a A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. Financial viability or bankability A score of 1 if required and a specific methodology has been assessment.a developed. A score of 0.5 if required but no specific methodology has been developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. 218 Thematic area What is measured How it is scored Preparation of Market sounding and/or assessment A score of 1 if required and a specific methodology has been PPPs (cont’d) (showing evidence of investors’ interest in developed. the market for the project).a A score of 0.5 if required but no specific methodology has been developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. Environmental impact analysis.a + A score of 1 if required and a specific methodology has been developed. A score of 0.5 if required but no specific methodology has been developed. A score of 0.25 if conducted according to a recognized practice but without a specific methodology developed. Assessments included in the request for A score of 1 if yes based on a regulatory provision. proposals and/or tender documents.+ A score of 0.5 if yes based on a recognized practice. Assessments published online. +b A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice 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. Tender documents published online.b + A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. Standardized PPP model contracts and/or A score of 1 if yes. transaction documents developed. Procurement of Bid evaluation committee members are A score of 1 if a specific qualifications are detailed in the regulatory PPPs required to meet specific qualifications. framework. A score of 0.5 if qualifications are required without specific detail. A score of 0.25 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 A score of 1 if yes. published online.b Foreign companies are allowed to A score of 1 if no prohibition is in place. participate in the PPP bidding process.+ A score of 0 if foreign companies are prohibited from participating in a PPP biding process. 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 A score of 1 if the legally required minimum period of time is at least in calendar days. 60 calendar days. A score of 0.5 if the legally required minimum period of time is at least 30 calendar days. Procurement procedures are available A score of 0.33 if open procedure (single-stage bidding) is available. when procuring PPPs. + A score of 0.33 if restricted procedure (competitive procedure with prequalification stage) is available. A score of 0.33 if either Competitive dialogue or multi-stage bidding process (other than prequalification) is available. Procuring Infrastructure Public-Private Partnerships Report 2018 219 Thematic area What is measured How it is scored Procurement of Direct negotiation with one or more than A score of 1 if neither is available at the full discretion of the PPPs (cont’d) one candidate. + procuring authority. The tender documents detail the A score of 1 if yes based on a regulatory provision. procedure of the procurement process, A score of 0.5 if yes based on a recognized practice. providing the same information to all the bidders. If applicable, the tender documents A score of 1 if yes based on a regulatory provision. specify the prequalification/shortlisting A score of 0.5 if yes based on a recognized practice. criteria in order to make them available to all the bidders.a 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. Notwithstanding confidential information, A score of 1 if yes based on a regulatory provision. the procuring authority discloses those A score of 0.5 if yes based on a recognized practice. questions and clarifications to all the potential bidders.a Besides questions and clarifications, the A score of 1 if yes based on a regulatory provision. procuring authority can conduct a pre-bid A score of 0.5 if yes based on a recognized practice. conference.+ Notwithstanding confidential information, A score of 1 if yes based on a regulatory provision. the procuring authority discloses the A score of 0.5 if yes based on a recognized practice. content and the results of the pre-bid conference to all bidders.a The procuring authority requires the A score of 1 if yes based on a regulatory provision. bidders to prepare and present a A score of 0.5 if yes based on a recognized practice. financial model with their proposals. The procuring authority evaluates A score of 1 if yes based on a regulatory provision. the proposals strictly and solely in A score of 0.5 if yes based on a recognized practice. accordance with the evaluation criteria stated in the tender documents. When only one proposal is submitted A score of 1 if a specific procedure is detailed in the regulatory (sole proposals), the procuring authority framework. follows a special procedure before A score of 0.5 if sole proposals are considered valid as long as they awarding the PPP. meet the conditions outlined in the tender documents, based on a regulatory provision. A score of 0.25 if sole proposals are considered valid as long as they meet the conditions outlined in the tender documents, based on a recognized practice. 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.b 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 A score of 1 if yes based on a regulatory provision. PPP procurement process includes the A score of 0.5 if yes based on a recognized practice. grounds for the selection of the winning bid. 220 Thematic area What is measured How it is scored Procurement of There is a standstill period before A score of 1 if there is a standstill period. PPPs (cont’d) contract award and before signing the A score of 0.5 if yes based on a recognized practice. contract in order to allow unsuccessful bidders to challenge the award decision.+ The standstill period is at least 10 days.+ A score of 1 if yes. The standstill period is set out in the A score of 1 if there is a standstill period. notice of intention to award.+ A score of 0.5 if yes based on a recognized practice. The regulatory framework restricts A score of 1 if yes based on a regulatory provision. negotiations with the selected bidder A score of 0.5 if yes based on a recognized practice. between the award and the signature of the PPP contract.a The procuring authority publishes the A score of 1 if yes based on a regulatory provision. PPP contract. A score of 0.5 if yes based on a recognized practice. The PPP contract is published online.b A score of 1 if yes. The procuring authority also publishes A score of 1 if the amendments are published. any subsequent amendment made to the A score of 0.5 if yes based on a recognized practice. PPP contract.+ PPP contract The procuring or contract management A score of 1 if yes based on a regulatory provision. management authority establishes a system to manage A score of 0.5 if yes based on a recognized practice. the implementation of the PPP contract. PPP management tools are available. A score of 0.2 if a regulatory provision includes the establishment of a PPP contract team. A score of 0.1 if the establishment of a PPP contract team happens as a recognized practice. A score of 0.2 if a regulatory provision includes the participation of the members of the PPP contract management team in the PPP procurement process. A score of 0.1 if such participation happens as a recognized practice. A score of 0.2 if a regulatory provision includes the elaboration of a PPP implementation manual or an equivalent document. A score of 0.1 if such manual or equivalent document is elaborated as a recognized practice. A score of 0.2 if a regulatory provision includes the adoption of a risk mitigation mechanism. A score of 0.1 if such mechanism is developed as a recognized practice. A score of 0.2 if a regulatory provision includes the establishment of personnel training programs. A score of 0.1 if such personnel training programs are done as a recognized practice. PPP contract management team A score of 1 if specific qualifications are detailed in the regulatory members are required to meet specific framework. qualifications.+ A score of 0.5 if qualifications are required without specific detail. A score of 0.25 if yes based on a recognized practice. The procuring or contract management A score of 1 if yes based on a regulatory provision. authority establishes a system for A score of 0.5 if yes based on a recognized practice. tracking progress and completion of construction works under a PPP contract.+ Procuring Infrastructure Public-Private Partnerships Report 2018 221 Thematic area What is measured How it is scored PPP contract The procuring or contract management A score of 1 if a regulatory provision mandates the availability of the management authority makes PPP construction PPP construction information to the public. (cont’d) information available to the public. A score of 0.5 if such PPP construction information is available to the public as a recognized practice. The PPP construction performance A score of 1 if yes. information is available online.b The procuring or contract management A score of 1 if yes based on a regulatory provision. authority establishes a monitoring and A score of 0.5 if yes based on a recognized practice. evaluation system of the PPP contract implementation after construction. Mechanisms included in the PPP A score of 02 if the regulatory framework provides for performance contract’s monitoring and evaluation to be assessed against evaluation criteria set in the tender system. documents and the contract.+ A score of 0.1 if performance assessment against established criteria happens as a recognized practice.+ A score of 0.2 if the regulatory framework establishes the possibility of abating (reducing) payments for non-performance of operating obligations.+ A score of 0.1 if abatement of payments for non-performance happens as a recognized practice.+ A score of 0.2 if a regulatory provision mandates the private partner to provide periodic operational and financial data. A score of 0.1 if provision of such data happens as a recognized practice. A score of 0.2 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 0.1 if such periodic gathering of information happens as a recognized practice. A score of 0.2 if a regulatory provision mandates the availability of the PPP contract performance information to the public. A score of 0.1 if such PPP contract performance information is available to the public as a recognized practice. The PPP contract performance A score of 1 if yes. information is available online.b Foreign companies are prohibited from A score of 1 if no prohibition is in place. repatriating the income resulting from A score of 0 if foreign companies are prohibited from repatriating the operations of PPP contracts.+ the income resulting from the operations of PPP contracts. The regulatory framework (including A score of 1 if yes based on a regulatory provision. standard contractual clauses) expressly A score of 0.5 if yes based on a recognized practice. regulates a change in the structure (stakeholder composition) of private partner and/or assignment of the PPP contract. The regulatory framework (including A score of 0.5 if any change in private partner during an initial standard contractual clauses) specifically period is regulated (e.g. construction and first five years of regulates the following circumstances operation). regarding the change in the structure A score of 0.5 if a change affecting the controlling interest requires ( stakeholder composition) of private the replacing entity to meet the same technical qualifications as the partner and/or assignment of the PPP original operator. contract: The regulatory framework (including A score of 1 if yes based on a regulatory provision. standard contractual clauses) A score of 0.5 if yes based on a recognized practice. expressly regulates the modification or renegotiation of the PPP contract (once the contract is signed). 222 Thematic area What is measured How it is scored PPP contract Modification or renegotiation of the A score of 1 if yes based on a regulatory provision. management PPP contract requires approval from a A score of 0.5 if yes based on a recognized practice. (cont’d) government authority, other than the procuring authority is required. + The regulatory framework specifically A score of 0.2 if a change in the scope and/or object of the contract regulates the following circumstances is expressly regulated or a score of 0.1 if based on a recognized regarding modification or renegotiation of practice. the PPP contract: A score of 0.2 if a change in the risk allocation of the contract is expressly regulated or a score of 0.1 if based on a recognized practice. A score of 0.2 if a change in the investment plan or duration of the contract is expressly regulated or a score of 0.1 if based on a recognized practice. A score of 0.2 if a change in the financial and/or economic balance of the contract is expressly regulated or a score of 0.1 if based on a recognized practice.+ A score of 0.2 if a change in the agreed price or tariff is expressly regulated or a score of 0.1 if based on a recognized practice.+ The procuring authority can unilaterally A score of 1 if unilateral modification without approval from a modify the PPP contract.+ government authority other than the procuring authority is not possible. The regulatory framework (including A score of 0.2 if force majeure is expressly regulated or a score of 0.1 standard contractual clauses) expressly if based on a recognized practice. regulates circumstances that may occur A score of 0.2 if material adverse government action is expressly during the life of the PPP contract. regulated or a score of 0.1 if based on a recognized practice. A score of 0.2 if change in the law is expressly regulated or a score of 0.1 if based on a recognized practice. A score of 0.2 if refinancing is expressly regulated or a score of 0.1 if based on a recognized practice. A score of 0.2 if subcontracting is expressly regulated or a score of 0.1 if based on a recognized practice. + The regulatory framework (including A score of 1 if yes based on a regulatory provision. standard contractual clauses) allows A score of 0.5 if yes based on a recognized practice. for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts.+ Resolution mechanisms available for A score of 0.25 if a local administrative review body is available. disputes arising from the implementation A score of 0.25 if domestic arbitration is available. of PPP contracts. + A score of 0.25 if international arbitration is available. A score of 0.25 if Investor-State Dispute Settlement (ISDS) is available. The regulatory framework (including A score of 1 if yes based on a regulatory provision. standard contractual clauses) allows the A score of 0.5 if yes based on a recognized practice. lenders to take control of the PPP project (lender step-in right) if either the private partner defaults or if the PPP contract is under threat of termination for failure to meet service obligations. Regulation of 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 expressly required to be regulated in the contract or a score of 0.25 if based on a recognized practice. A score of 0.5 if a direct agreement is expressly required to be signed with the lenders or a score of 0.25 if based on a recognized practice. Procuring Infrastructure Public-Private Partnerships Report 2018 223 Thematic area What is measured How it is scored PPP contract The regulatory framework (including A score of 1 if yes based on a regulatory provision. management standard contractual clauses) expressly A score of 0.5 if yes based on a recognized practice. (cont’d) establishes the grounds for termination of a PPP contract. The regulatory framework (including A score of 1 if yes based on a regulatory provision. standard contractual clauses) also A score of 0.5 if yes based on a recognized practice. establishes the consequences for the termination of the PPP contract. Unsolicited The regulatory framework prohibits Not scored (and expressly stated) when not regulated and not used proposals unsolicited proposals (thus not requiring in practice and when explicitly prohibited. any regulation). 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 procuring authority conducts a A score of 1 if there is a vetting procedure. vetting procedure and/or pre-feasibility A score of 0.5 if yes based on a recognized practice. analysis before fully assessing the unsolicited proposal.+ The evaluation assessment ensures that A score of 1 if a specific procedure is detailed in the regulatory the unsolicited proposal is consistent framework. with the existing government priorities. A score of 0.5 if the regulatory framework sets such goal without establishing specific procedures to achieve it. A score of 0.25 if yes based on a recognized practice. 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 A score of 1 if yes based on a regulatory provision. minimum period of time to additional A score of 0.5 if yes based on a recognized practice. prospective bidders (besides the proponent) to prepare their proposals. Legally required minimum period of time A score of 1 if the legally required minimum period of time is at least in calendar days. 90 calendar days. A score of 0.5 if the legally required minimum period of time is at least 60 calendar days. Note: a. An additional score of 1 is given if the regulatory requirement is respected in practice, according to contributor’s opinion. Questions referring to online availability are not scored when, according to contributors’ opinion, projects have not been developed under the assessed PPP b.  regime. + New questions or reformulated question introduced in Procuring Infrastructure PPPs 2018. 224 Appendix 2. Changes Introduced in Procuring Infrastructure PPPs 2018 Procuring Infrastructure PPPs 2018 is still refining its methodology. There have been significant changes in the scope of the questionnaire in comparison with last year’s Benchmarking PPP Procurement 2017, with new questions added and several others reformulated. These changes in the survey imply that aggregated scores at the thematic level are not comparable between Procuring Infrastructure PPP 2018 and Benchmarking PPP Procurement 2017. Therefore, changes in the scores should be interpreted with caution because they may be unrelated to regulatory reforms and depend only on changes in the scope of the assessment (and minor corrections from last year’s edition). The questions reformulated or added that are scored in this edition are identified in Appendix 1 with the symbol “+”. The main changes in scoring by thematic area are the following: Preparation of PPPs: Budgeting for PPPs; accounting and/or reporting for PPPs; environmental assessment and methodology; inclusion of assessments in request for proposals/tender documents; online publication of the assessments; and online publication of the tender documents. Procurement of PPPs: Foreign companies prohibited (negative score); availability of procurement procedures; discretional direct negotiation possible (negative score); pre-bid conference and disclosure of information about it; standstill period and information about the standstill period in the award notification. PPP contract management: Qualifications of the contract management team; system for tracking progress and completion of the construction works; availability of information on construction to the public and online; two new sub-questions about monitoring and evaluation (regarding performance criteria and abatement of payments); foreign companies prohibited from repatriating income (negative score); approval by an additional government authority in case of renegotiation; two new sub-questions about specific regulations for renegotiation (economic balance and change in the tariff ); unilateral modification (negative score if an additional government authority is not required to approve the renegotiation); new sub-questions in the question regarding circumstances of the contract (refinancing and subcontracting); availability of alternative dispute resolution mechanisms (question reformulated). Unsolicited proposals: Vetting/pre-feasibility analysis. Procuring Infrastructure Public-Private Partnerships Report 2018 225 Appendix 3. Procuring Infrastructure PPPs 2018 Transparency Scores Considering the importance of transparency through the PPP life cycle, several questions were included in the survey instrument to assess whether economies adhere to international good practices in terms of disclosure of information to the public in the preparation, procurement, and contract management phases. In the 2018 edition of the report, transparency scores were compiled by aggregating the scores for selected survey questions related to transparency and online publication of PPP materials in each of the three thematic areas: preparation, procurement, and contract management. The scores are presented on a range from 0 to 100, with economies with the highest scores considered to comply with international disclosure good practices. Transparency is not an unequivocal concept and several other questions in the survey are also related to other forms of transparency. In particular, several questions refer to the transparency and fairness of the process regarding the information provided to the bidders. Those questions were not included in the transparency score. The following questions were included and scored in calculating these cross-sectional transparency scores: 226 Transparency Scoring Methodology Thematic area What is measured How it is scored Preparation of PPPs Assessments are published online. a A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. Tender documents are published online. a A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. Standardized PPP model contracts and/ A score of 1 if yes. or transaction documents have been developed. Procurement of PPPs 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 A score of 1 if yes. published online.a 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.a The procuring authority publishes the A score of 1 if yes based on a regulatory provision. PPP contract. A score of 0.5 if yes based on a recognized practice. The PPP contract is published online.a A score of 1 if yes. The procuring authority also publishes A score of 1 if the amendments are published. any subsequent amendment made to the A score of 0.5 if yes based on a recognized practice. PPP contract. PPP contract The procuring or contract management A score of 1 if a regulatory provision mandates the availability of the management authority makes PPP construction PPP construction information to the public. information available to the public. A score of 0.5 if such PPP construction information is available to the public as a recognized practice. The PPP construction performance A score of 1 if yes. information is available online.a The procuring or contract management A score of 0.2 if a regulatory provision mandates the availability of authority makes PPP contract the PPP contract performance information to the public. performance information available to the A score of 0.1 if such PPP contract performance information is public. available to the public as a recognized practice. The PPP contract performance A score of 1 if yes. information is available online.a Note: Questions referring to online availability were not scored when according to contributors’ opinion, projects have not been developed under the assessed a.  PPP regime. Procuring Infrastructure Public-Private Partnerships Report 2018 227 Notes 1 Trebilcock and Rosenstock 2015, 335. 2 Leviakangas, Ojala, and Toyli 2016, 10. 3 World Bank, http://ppp.worldbank.org/public-private-partnership/overview/what-are-public-private- partnerships. 4 Cruz and Marques 2013. 5 Trebilcock and Rosenstock 2015, 336. 6 United Nations, Sustainable Development Goals, http://www.un.org/sustainabledevelopment/ infrastructure-industrialization/. 7 https://sustainabledevelopment.un.org/sdg17. 8 Zverev, 1. 9 Mouraviev and Kakabadse 2015, 182. 10 Moszoro et al. 2014. 11 Further details on the methodological changes are described in the project website at http://bpp. worldbank.org. 12 See glossary for the complete definition, also referenced at the beginning of this section. 13 See the glossary for the complete definition. 14 This assessment could be undertaken either through a cost-benefit analysis (CBA), a cost-effectiveness analysis, or multicriteria analysis, as appropriate, or other relevant methodologies. 15 Although interlinked, financial viability and market sounding refer to different aspects of the commercial viability of a project. The financial viability or bankability assessment compares the cost to operate, maintain, and replace assets with the benefit of the project using market prices, while market sounding evaluates the appetite for the project in the market, looking for evidence of investors’ and private operators’ interest in the project. 16 According to Section 17. (1) of the Federal Budget Law. 17 Law No. 96-766 of 3 October 1996, promulgated the Environment Code. 18 Article 7.2 of Decree No. 2012-1151 of December 19, 2012, relating to Public Private Partnerships contracts; Decree No. 96-894 of September 8, 1996, related to the rules and procedures applicable to environmental impact study of development projects. 19 Law No. 1/14 of April 27, 2015, related to the general regime of public-private partnership contracts. 20 Section 3.0, Step 4 of the Business Case Development Model; Section 3 of the Procurement Analysis Guide. 21 Section 4.3.3 of the New South Wales PPP Guidelines. 22 Section 5.2.1 of Volume 2 of the National PPP Guidelines. 23 Article 5 and 6 of the Circular on Issuing the Interim Measures for Administration of Information Disclosure for Public-Private Partnership Integrated Information Platform (CaiJin [2017] No.1), published January 23, 2017. See http://www.cpppc.org. 24 Art. 26 of Decree 1350/14. 25 Section 60. (1) of the Federal Budget Law states that the competent line ministry shall reach agreement with the Federal Minister of Finance for the execution of any project [sec. 57 (1)] and creation of the related liabilities, the settlement of which upon maturity shall require expenditures by the Federal Government in multiple fiscal years or at least in a single future fiscal year (future obligations). The Federal Minister of Finance shall in the context of his or her collaboration take particular care to ensure that the prerequisites under sec. 58 (1) have been met and that the requisite report is submitted pursuant to sub-sec. 3 or that the required federal statutory authority under sub-sec. 4 is obtained. 26 Terminology and practice in this area vary across jurisdictions (pre-bid/pre-proposal/pre-tender). Procuring Infrastructure PPPs 2018 emphasizes that when this type of interaction with the bidders is regulated or is generally done, there is also a requirement or recognized practice to disclose the results of such interactions to all bidders. 27 Some governments impose limits on when clarifications can be sought, to avoid revealing information close to the bid deadline that could benefit some bidders over others. When circumstances force the procuring authority to reveal information close to the bid deadline, the deadline should be extended to provide bidders enough time to reflect any new information in their proposals. 228 28 Pursuant to Article 46 (2) (a) of the EU Directives, a contract may not be concluded following the decision to award a contract falling within the scope of Directive 2014/24/EU or Directive 2014/23/EU before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers and candidates concerned if fax or electronic means are used or, if other means of communication are used, before the expiry of a period of either at least 15 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers and candidates concerned or at least 10 calendar days with effect from the day following the date of the receipt of the contract award decision. 29 The Alcatel mandatory standstill period is a period of at least ten calendar days following the notification of an award decision in a contract tendered via the Official Journal of the European Union, before the contract is signed with the successful supplier(s). Its purpose is to allow unsuccessful bidders to challenge the decision before the contract is signed. It is named after a pair of linked cases in the European Court of Justice that are jointly known as the Alcatel case (Alcatel Austria v Bundesministerium fuer Wissenshaft und Verkehr, Case C-81/98). Within the United Kingdom, it was introduced by the Office of Government Commerce in 2005. The timelines in the discussion that follows are the minimum (of at least 10 days) under the Alcatel mandatory standstill period and show the days by which specific actions must be undertaken by the tenderer (a request for additional debriefing within the standstill period), and the contracting authority (notifying all tenderers of the award decision and completing any requested additional debriefing) in order to comply with the minimum period before entering into a contract (assuming no legal challenges are formally notified). 30 A more detailed description of the methodology, identifying the questions included in the Procuring Infrastructure PPP transparency scores, is provided in Appendix 3. 31 Lender step-in rights refer to a power under the PPP contract or in the applicable legislation for the lender to take control of the project in certain situations. Step-in rights are appropriate for limited recourse financing, where the lender is limited in its recovery of the project assets. 32 World Bank PPP Reference Guide 3.0, 3.6.3, Dealing with Change, p. 184. 33 Guasch 2004. 34 Armenia; Azerbaijan; Bosnia and Herzegovina; Chad; Congo, Rep.; Eritrea; Gabon; Guatemala; Lebanon; Malawi; Malaysia; Myanmar; Pakistan; Papua New Guinea; Rwanda; the Solomon Islands; Somalia; Switzerland; Tonga; and Zimbabwe. 35 Article 19 of the Croatian PPP Act. A similar approval is also required in the Czech Republic according to Article 186(1) of the Public Procurement Act. 36 Article 43 of the Djibouti PPP Law. Cabinet approval is also required in Jordan (Article 14 of the PPP Law) and Uganda (Section 26(8) of the PPP Act). 37 Article 8 of the Ecuador PPP Regulations. 38 Articles 54 and 55 of the Nicaragua PPP Regulation. 39 In Romania, if the modification or withdrawal incurs injury, the private partner is entitled to fair compensation according to the rules laid down in the public-private partnership contract. See Article 35 (3) of the PPP Law. 40 Article 47 of the Uruguay PPP Law. 41 Article 21 (12) of the 2014 Law of Togo. 42 Article 249 of the Law TRLCSP (complemented with Article 250). 43 Article 58 of the Implementing Procurement Regulation. 44 PPP Reference Guide 3.0, 3.6 Managing PPP Contracts, 155–56, 186–87. 45 EPEC 2011. 46 Sixteen economies do not explicitly regulate PPP contract termination: Angola, Armenia, Bangladesh, Georgia, Ghana, Honduras, Malawi, Myanmar, Nigeria, Papua New Guinea, Saudi Arabia, Solomon Islands, Switzerland, Timor-Leste, Tonga, and Trinidad and Tobago. In addition, Austria, Croatia, Eritrea, Estonia, Ethiopia, Malaysia, and Sri Lanka regulate PPP contract termination as a general practice, but have no regulatory basis for such a circumstance. 47 Art. 3.1.20 of the Order of Azerbaijan. 48 Part 19 of the New Zealand Government Treasury Standard Form Public Private Partnership (PPP) Project Agreement. Procuring Infrastructure Public-Private Partnerships Report 2018 229 49 Article 37 of the Indian Model Concession Agreement. 50 Termination and Force Majeure Provisions in PPP Contracts, European PPP Expertise Centre (March 2013), at 20. 51 Termination and Force Majeure Provisions in PPP Contracts, European PPP Expertise Centre (March 2013), at 10. 52 Sections 3.2.2 and 7 of the Benin PPP Guidance Note (Decree No 2014-349 of 2 June 2014). 53 Article 63 of the PPP Decree of Burkina Faso. 54 For Italy, see Article 176 (4) of the Public Contracts Code. 55 Article 32 of the Colombia PPP Law. 56 Private Participation in Infrastructure Database (https://ppi.worldbank.org/). 57 World Bank 2017b. 58 World Bank 2017b. 59 World Bank 2017c. 60 World Bank 2017b. 61 Hodges and Dellacha 2007. 62 World Bank 2017b. 63 Hodges and Dellacha 2007; World Bank 2017b. 64 World Bank 2017b, 2017c. 65 World Bank 2017b, 2017c. 66 Further details on the methodological changes can be found in the project website at http://bpp.worldbank. org. 230 References Cruz, Carlos Oliveira, and Rui Cunha Marques. 2013. 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Procuring Infrastructure Public-Private Partnerships Report 2018 233 Contributors Afghanistan Ali Turhani, University of Elbasan Delfina Castro Sammartino, Castro Sammartino Pierini Attorneys at Law Abdul Momin Mansoor, Ministry of Argita Malltezi, University of Tirana Finance Mario Castro Sammartino, Castro Sammartino & Pierini Attorneys at Law Abdul Nafi Sarwari, Central Partnership Algeria Authority Juan Antonio Stupenengo, Estudio Beccar Mourad Seghir, Bennani & Associés Varela Ahmad Khalid Hatam, Dawat University Ahmed Djouadi, Cabinet d’avocats Silvia Karina Fiezzoni, Estudio Beccar Khalid Mohammadi, Kakar Advocates Djouadi & Hadj Hamou Varela Mohammad Aref Noorzai, Kakar Salim Telidji Juan-José Zentner, Herbert Smith Advocates Lotfi Zidouk, Bennani & Associés Freehills Mohammad Tariq Kareemi, Kakar Salah Lammari, Bennani & Associés Micaela McLean, Herbert Smith Freehills Advocates Brahim Kouchkar, Chemloul & Associés Guillermo Ferraro, KPMG Thomas Kraemer, Kakar Advocates Fatma Zohra Berrah, Chemloul & Braulio Cordi, Ministry of Infrastructure Khalid C. Sekander Associés and Public Services Niamatullah Barakzai, Lex Ferghana - Mohammed Chemloul, Chemloul & Horacio J. Ruiz Moreno, Mitrani Caballero Advocates and Legal Consultants Associés Ruiz Moreno Abogados Mazhar Bangash, RIAA Barker Gillette Nijma Kebaili, Ernst & Young Juan Cruz Azzarri, PAGBAM Shazeb N. Khan, RIAA Barker Gillette Vincent Lunel, Ernst & Young Saúl Ricardo Feilbogen, Vitale, Manoff & Zahid Safi, RIAA Barker Gillette Feilbogen Maude Lebois, Shearman & Sterling LLP Sebghatullah Karimi Emilio Battioli, Zang, Bergel & Viñes Yas Banifatemi, Shearman & Sterling LLP Abogados ILanouar Partners Albania Rovena Beqira, Atrako Armenia Angola Ani Atoyan, AM Law Firm Gazmir Vehbi, Atrako António Vicente Marques, AVM Artak Chobanyan, GMCS Renata Leka, Boga & Associates Advogados Bledar Cenameri, CLO Legal Solutions Misak Banajanyan, TK & Partners Nuno Albuquerque, CM Advogados Mirko Daidone, CMS Adonnino Ascoli & Tatevik Muradyan, Center for Strategic Vanessa Silva, Fátima Freitas Advogados Initiatives Cavasola Scamoni Tatiana Serrao, FBL ADVOGADOS Zhora Khachatryan, “Veolia Djur” CJSC Besnik Duraj, Drakopoulos Law Albania Clara Silva, Maria Manuela Morais Cunha Bojana Hajdini, Drakopoulos Law Albania firm Julian Vezi, Fastech Australia (New South Wales) Francisca Martin, Maria Manuela Morais Artan Hajdari, Haxhia & Hajdari Cunha firm Emma Warren, Allens Attorneys at Law Vivaldino Tomás, Maria Manuela Morais David Donnelly, Allens Eris Hysi, Haxhia & Hajdari Attorneys at Cunha firm Micheal Ryan, Allens Law Augusto Dembo, Ministry of Economy Scott McCoy, Allens Fatma Muca, Haxhia & Hajdari Attorneys Rui Simoes, Ministry of Economy Adam Stapledon, Allen and Overy at Law Alberto Galhardo Simões, Miranda & Airlie Fox, Corrs Chamber Westgarth Elira Hroni, Kalo & Associates Associados Andrew Chew, Corrs Chamber Westgarth Lealba Pelinku Nuria Brinkmann, Miranda & Associados David Warren, Corrs Chamber Westgarth Albana Fona, Legal and Professional Rodrigo Rendeiro Costeira, Miranda & Services Albania Simon Ashworth, Corrs Chamber Associados Westgarth Oltjan Hoxholli, Legal and Professional Maria Manuela Morais Cunha, MMMC Services Albania NSW Treasury Advogados Renan Berati, Legal and Professional Richard Foster, Richard Infrastructure Vivaldino Manuel Guedes Tomás, MMMC Services Albania Advogados Vilma Gjyshi, Optima Legal & Financial Austria Sara Cungu Argentina Volker Rux, ASFINAG Blerina Hoxha, Sterkaj Luis Enrique Dates, Baker & McKenzie Bernt Elsner, CMS Reich-Rohrwig Hainz Erinda Ahmetaj, Sterkaj Santiago Maqueda, Baker & McKenzie Ruth Rützler, CMS Reich-Rohrwig Hainz Eva Karadumi, Sterkaj Francisco Sama, Baker & McKenzie 234 Thomas Hamerl, CMS Reich-Rohrwig Maryia Usik, National Agency of Botswana Hainz Investment and Privatization Isaac Ntombela, Minchin & Kelly Jasna Zwitter-Tehovnik, DLA Piper Weiss- Anastasiya Malakhova, SBH Law Office (Botswana) Tessbach Rechtsanwälte GmbH Maksim Zhukov, SBH Law Office Phatsimo Malatsi, Minchin & Kelly Stephan Denk, Freshfields Bruckhaus (Botswana) Katsiaryna Buraya, SBH Law Office Deringer LLP Dmitry Bokhan, Verkhovodko & Partners Chabo Peo, Bookbinder Business Law Stephan Schmalzl, Graf & Pitkowitz LLC Tebogo Mapitse, Bookbinder Business Law Rechtsanwälte GmbH Elena Hmeleva, Verkhovodko & Partners Abel W. Modimo, Modimo & Associates Kathrin Hornbanger, MBL-HSG LLC Johannes Stalzer, Schönherr Attorneys Nina Knyazeva, Verkhovodko & Partners at Law LLC Brazil Frederico Dieterich, Azevedo Sette Advogados Azerbaijan Belgium Byung Hong, BSH LAW Farhad Mirzayev, BM Morrison Partners Helga Van Peer, Allen & Overy Leonardo Luchiari, BSH Law Delara Israfilova, BM Morrison Partners Valentijn De Boe, Allen & Overy Roberto Vianna do R. Barros, Campos Dentons Cedric Hauben, DLA Piper Mello Advogados Anna Dreyzina, Grata Azerbaijan LLC Raphaël Schneider, Cellule Rafael Vanzella, Machado Meyer Sendac Mushfig Aliyev d’Informations Financières e Opice Advogados Alain Carbonel, Suez Michaël Vande Kerkhove, Cellule Lisiane Pace, Machado Associados d’Informations Financières Bruno Werneck, Mattos Filho, Veiga Filho, Johan Mouraux, DLA Piper Bangladesh Marrey Jr. e Quiroga Advogados Harry Eliaerts, NautaDutilh Ammatul Sathi, A.S & Associates Mário Saadi, Mattos Filho, Veiga Filho, Simon Ceulemans, Freshfields Marrey Jr. e Quiroga Advogados A. S. A. Bari, A.S & Associates Kenniscentrum PPP Higor Borges, Mattos Filho, Veiga Filho, Dewan Faisal, A.S & Associates Marrey Jr. e Quiroga Advogados Benoit Samyn, Monard Law S. M. Formanul Islam, Bangladesh Hailton Almeida, Planning Ministry Infrastructure Finance Fund Limited Bram Van Cauwenberge, NautaDutilh Didier De Vliegher, NautaDutilh Guiherme Forbes, Stocche Forbes Osman Goni, OGR Legal Advogados Mohammad Rashed, PPP Authority Mariana Saragoça, Stocche Forbes Ron Sikder, Sikder Group Benin Advogados Jean-Baptiste Adjovi, AA Espoir 2002. SARL Miriam Signor, Stocche Forbes Advogados Imran Anwar, Tanjib Alam and Associates Franck Accrombessi, Banca Expert Paulo Padis, Stocche Forbes Advogados Kazi Ershadul Alam, Tanjib Alam and Associates Paul Horace Crecel, Pythagore Bruno Duarte, Trench, Rossi & Watanabe Consultants Mahim Al Hasam, Tanjib Alam and Heloisa Uelze, Trench, Rossi & Watanabe Associates Darius Attakuy, Secrétariat Général du Ministère des Finances Henrique Frizzo, Trench Rossi Watanabe Tanjib Alam, Tanjib Alam and Associates Gabin Mehou, Secrétariat Général du Ana Carolina Barretto, Veirano Advogado Abdul Monem Khan, Vertex Chambers Ministère des Finances Julia Batistella-Machado, Veirano Junayed Chowdhury, Vertex Chambers Advogado Serge Maurice Sogbossi, Sigma 2 SA Ismaïl Kora, Unité de Gestion des Michele Lyra, Veirano Advogado Belarus Réformes du Système de Gestion des Alexander Korsak, Arzinger & Partners Finances Publiques Bulgaria Dmitry Viltovsky, Arzinger & Partners Bulgarian Construction Chamber Mikhail Khodosevich, Arzinger & Partners Bosnia and Herzegovina Denitsa Dudevska, CMS Cameron McKenna Illia Salei, Boro vtsov & Salei Legal Adna Kreso, Baros&Bicakcic Law Office Nabarro Olswang LLP - Bulgaria Branch/ Services Feđa lBičakčić, Baro&Bičakčić Law Office Duncan Weston (CMS Bulgaria) Vassili I. Salei, Boro vtsov & Salei Legal Mehmed Ganic, IUS Sarajevo Pavlin Stoyanoff, CMS Cameron McKenna Services Nabarro Olswang LLP - Bulgaria Branch/ Ramo Palalic, IUS Sarajevo Duncan Weston (CMS Bulgaria) Darya Zhuk, Cobalt Aleksandar Sajic, Law Firm Sajic Plamena Kostadinova, CMS Cameron Dzmitry Barouka, Ketenci McKenna Nabarro Olswang LLP - Milica Karadza, Law Firm Sajic Julia Krivorot, Ketenci Bulgaria Branch/Duncan Weston (CMS Slaven Dizdar, Marić & Co Law Firm LLC Bulgaria) Maxim Shapelevich, Maxim Karim Sultan, Wolf Theiss Zornitsa Stoykova, CMS Cameron Ministry of Economy of the Republic of McKenna Nabarro Olswang LLP - Samra Hadžović, Wolf Theiss Belarus Bulgaria Branch/Duncan Weston (CMS Bulgaria) Procuring Infrastructure Public-Private Partnerships Report 2018 235 Boyan Ivanov, Dimitrov, Petrov & Co. Cameroon Gabriel Acuña, Carey Boyana Milcheva, Dimitrov, Petrov & Co. Joseph Ngo, Agence de Régulation des Jorge Martín, Claro & Cia. Metodi Baykushev, Dimitrov, Petrov & Co. Marchés Publics (ARMP) Luisa Nuñez, Claro & Cia. Radina Tomanova, Dimitrov, Petrov & Co. Jacques Jonathan Nyemb, Cabinet Nyemb Rodrigo Ochagavía, Claro & Cia. Ivan Markov, Penkov, Markov and Yann Solle, Cabinet Nyemb Clemente Perez, Guerrero Olivos partners CARPA Jorge Delpiano, Guerrero Olivos Nikolay Cvetanov, Penkov, Markov and Justin Marie Beleoken, Electricity David Acuña Bachmann, Larraín Rencoret partners Development Corporation (EDC) Urzúa Ralitsa Tihova, Penkov, Markov and Hassane Kone, Geni & Kebe Cristina Holuigue, Ministry of Public partners Charles Kooh, The Abeng Law Firm Works Yanko Nachovski, Penev LLP Jean Aime Kounga, The Abeng Law Firm Eduardo Abedrapo, Ministry of Public Sofia Yordanova, Penev LLP Works Nicaise Ibohn Bata, The Abeng Law Firm Rodrigo Urzúa, Ministry of Public Works Roland Abeng, The Abeng Law Firm Burkina Faso Luis Felipe Hübner, UH&C Abogados Jean Stephane Tang, The Abeng Law Firm Adama Konate María Jesús Pérez Matta, UH&C Abogados Oscar Tsamayem, The Abeng Law Firm Coris Bank International Bertin Kienou, Cabinet d’avocat Bertin China Kienou Canada China Public Private Partnerships Center     John Beck, AECON Pascaline Sobgho, Cabinet d’avocats Me Fuguo Cao, Chinese Academy of PPP Pascaline Sobgho Karl Foley, Altus Group Limited governance Amado Ouedraogo, Directeur des Kyric Aitken, Altus Group Limited Monica Sun, Herbert Smith Freehills Marchés Publics Peter Grigg, Altus Group Limited Jie Li, Herbert Smith Freehills Direction générale de la Coopération Carol Pennycock, Davies Ward Philips & Xiaohui Zhang, Pinsent Masons LLP Daouda Sangare, EPG Sar Vineberg LLP David Li, White & Case LLP Oumar Diane, Expert Partners Group David Ho, Infrastructure Ontario Mengbi Xu, White & Case LLP Nazaire Thiombiano, Ministère Transport Canada de l’économie, des finances et du Bradley McLellan, Weirfoulds LLP développement Colombia Daniel Ferguson, Weirfoulds LLP Seydou Dao Angélica Velasco, DNP Heather Douglas, WeirFoulds LLP Kubeterzié Constantin Dabire, Premier Diego Ávila, DNP Ministère Linda Malicki, Weirfoulds LLP Juan Pablo González, Esguerra Asesores Lancina Ki, Uemoa Jurídicos Chad Miguel Torres, Esguerra Asesores Burundi Abdel-Aziz Haggar Djamal-Addine, Jurídicos Consulting Africa Salvator Manirakiza, Cabinet de Maître Victor Cordoba, Fanalca S.A. Manirakiza Salvator Ledoux Tchiapi Tchiapi, Experts-Mac Carlos Alberto Sandoval, Federacion Philippe Mpitabakana, Cadre de Dialogue Roland Mvondo, Experts-Mac Desarrollo Nacional de Concertation pour un partenariat Sarah Nzousse, Experts-Mac Clemente Del Valle, Federacion secteur public et secteur privé Desarrollo Nacional Valery Teinche, Experts-Mac Renovat Nijimbere Maria Patricia Sandoval, Federacion Nodjitan Beti Kolossoum, lexafric Willy Rubeya, Rubeya & Co - Advocates Desarrollo nacional Saint Leon Ziang, N Consulting Andrés Martínez, Holland & Knight Cambodia Enrique Gómez-Pinzón, Holland & Knight Chile Hout Sotheary, R&T Sok & Heng Law María Paola Villamizar, Holland & Knight Office Gustavo Delgado, Baker McKenzie Andres Hildago, Lloreda Camacho & Co Tiv Sophonnaroth, R&T Sok & Heng Law León Larraín, Baker McKenzie Carlos Carvajal, Lloreda Camacho & Co. Office Macarena Navarro, Baker McKenzie Samuel Cano, Lloreda Camacho & Co. Uy Vichan Nadeth, R&T Sok & Heng Law Mirco Hilgers, Baker McKenzie Office Ricardo Seligmann, Muñoz Tamayo & Benjamin Pilasi, Barros & Errázuriz Asociados Leng Souhuoth, P&A Asia Law Office Abogados David Mayorga, Muñoz Tamayo & Alessandra Laureiro, VDB Loi Francisco De La Barra, Barros & Errázuriz Asociados Prak Allen, P&A Asia Law Office Abogados Virginia Upegui, Muñoz Tamayo & Nicole Ubal, Barros & Errázuriz Abogados Asociados Diego Peralta, Carey Felipe Monico, Norton Rose Fulbright 236 Luis Carlos Neira, Norton Rose Fulbright Jean-Louis Banga, Comité National de Djibouti Oscar Gutierrez, Palacios Lleras Pilotage des Partenariats Public-Privé Ahmed A. CHEIK, Cabinet avocats & (CNP-PPP) Paola Galeano, Palacios Lleras associés Abayazid et Abdourahman CAA Koffi Yao, Comité National de Pilotage Djibouti Cesar Barrero, Philippi, Prietocarrizosa, des Partenariats Public-Privé (CNP-PPP) Ferrero DU & Uría Ahmed Abdourahman, Cabinet avocats & Jacques Chevalier, Ministère des Mines et associés Abayazid et Abdourahman CAA Jorge Di Terlizzi, Philippi, Prietocarrizosa, de l’Energie Djibouti Ferrero DU & Uría Nelly Gnahet Epouse Kouadio-Kouadio, Mohamed Abayazid Houmed, Cabinet María Rocío Vargas, Philippi, Projet de Renforcement du Système avocats & associés Abayazid et Prietocarrizosa, Ferrero DU & Uría de Santé et de réponse aux urgences Abdourahman CAA Djibouti Roberto Camacho, Philippi, Epidémiques (PRSSE) Abdoulkader Hassan Mouhoumed, Prietocarrizosa, Ferrero DU & Uría Any Ray & Partners Cabinet avcocats et associés AH et MR Mohamed Robleh Djama, Cabinet avocats Congo, Dem. Rep. Croatia & associés AH&MR David Luboya Kayaya, Cabinet Expertise Damir Juricic, Agency for Investments and Business International Corporation (EBIC) Competitiveness Dominican Republic Emery Mukendi Wafwana, Emery Mukendi Ljerka Golubic Bregant, Agency for Maria Jesus Velazquez, Castillo y Castillo Wafwana & Associates Investments and Competitiveness Práxedes Joaquín Castillo Báez, Castillo Aubin Mabanza, Klam & Partners Avocats Slavko Colak, Agency for Investments and y Castillo Competitiveness Cedrick-Ernest Bameko, Klam & Partners Alain Perdomo, De Camps, Vásquez, Avocats Luka Rimac, MAMIĆ PERIĆ REBERSKI Valera Abogados RIMAC LAW FIRM LLC Fely Ngobila, Klam & Parrtners Avocats Amauris Vásquez, De Camps, Vásquez, Natalija Perić, MAMIĆ PERIĆ REBERSKI Madeleine Matala-Kayembe, Klam & Valera Abogados RIMAC LAW FIRM LLC Partners Avocats Jose Luis De Ramon, Deloitte Manuela Licul Martincic Honore Tshiyoyo, Ministère Des Finances Marlene Herrera, Coiscou & Asociados Sasa Marenjak, PPP Centar Ltd. Milvio Coiscou, Coiscou & Asociados Congo, Rep. 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Khaitan Abel Louissaint, Cabinet Louissaint & Shardul Shroff, Shardul Amarchand Panagiotis Drakopoulos, Drakopoulos Investigation-AL Law Firm Mangaldas & Co Luigi Mahfoud, Cabinet Sales John Kitsos, Independent Public- Procurement Authority/Remedies Review Judith Louidor, CNMP Indonesia Ioannis Kaptanis, Koutalidis Law Firm Unité Centrale de Gestion des Afriyan Rachmad Roosdiono & Partners Partenariats Public-Privé (UCGPPP) (a member of ZICOlaw) Nikolaos Nikolaidis Demi Papayiannopoulou, Norton Rose Anindita Sasidwikirana, Bahar & Partners Fulbright Greece Honduras Noverina Gurning, Bahar & Partners Dimitris Assimakis, Norton Rose Fulbright José Álvarez, BLP Wahyuni Bahar, Bahar & Partners Greece Nadia Arriaga, BLP Erwandi Hendarta, Hadiputranto, Konstantinos Krimizis, Rokas Law Firm Gabriela Padilla, Casco Fortín Cruz Law Hadinoto & Partners Stavroula Antoniou, Rokas Law Firm Firm Abraham Sylvester Harryandi, Hanafiah Viktoria Chatzara I, Rokas Law Firm Lizzeth Villatoro, Casco Fortín Cruz Law Ponggawa & Partners Firm Giovanni Muhammad, Hanafiah Mira Todorovic Symeonides, Rokas Law Firm Roberto Williams, Casco Fortín Cruz Law Ponggawa & Partners Firm Michael Kaihatu, Hanafiah Ponggawa & Claribel Medina De Leon, Central Law Partners Procuring Infrastructure Public-Private Partnerships Report 2018 239 Yos Harmen, Indonesia Investment Italy Naoko Adachi, Baker & McKenzie Coordinating Board (Gaikokuho Joint Enerterprise) Elena Giufrrè, Ashurst Lian Yok Tan, K&L Gates LLP Toshio Sasaki, Baker & McKenzie Famlonga Martina, CP-DL Liyanto Wijaya (Gaikokuho Joint Enerterprise) Maurizio Delfino, Delfino e Associati Teguh Wirahadikusumah, Mandiri Koichiro Ohashi, Greenberg Traurig Tokyo Willkie Farr & Gallagher LLP Sekuritas Law Offices Ernesto Papponetti Reza Syarief, MKK Eri Yoshimura, Greenberg Traurig Tokyo Francesca Mattei, Grimaldi Studio Legale Law Offices Ferdinand Jullaga, Mochtar Karuwin Francesco Sciaudone, Grimaldi Studio Yukari Sakamoto, Greenberg Traurig Komar (MKK) Legale Tokyo Law Offices Danis Rizaldy, PT. 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Zineb Taj, Hamzi Law Firm Promotion de l’Investissement et du Adriana San Román, Wöss & Partners, Jean-Pierre Secteur Privé du Mali S.C./PLLC Zakaryae Boudi, Union Internationale des Modibo Mao Makalou, Primaturei Herfried Wöss, Wöss & Partners, S.C./PLLC Chemins de fer Mamadou Yattassaye, Société Yattassaye Manuel Osante Guzmán, Wöss & François-Guilhem Vaissier, White & Case Fils Partners, S.C./PLLC LLP Daouda Ba, Vaughan Avocats Moldova Mozambique Mauritius Oldivanda Bacar, ABCC Sociedade de Carolina Parcalab, ACI Partners Benoit Chambers Advogados Marina Zarija, ACI Partners Deoprakash Khoodeeram, BOT Projects Vania Sitoe, ABCC Sociedade de Unit Constantin Brănișteru, Branisteru, Dron Advogados & Partners 242 Adansonia Nicaragua Kamran Zaheer, HaidermotaBNR & Co Santiago Goicoechea, Deloitte Lucas Quiroz, Aguilar Castillo Love Mazahir Rizvi, Karachi Chamber of Fernanda Lopes, FL&A Advogados Commerce & Industry - KCCI Thelma Carrion, Aguilar Castillo Love Nilza Guivala, FL&A Advogados Shamim Ahmed Firpo, Karachi Chamber Alonso Porras, Alonso Porras of Commerce & Industry - KCCI Fabrícia De Almeida Henriques, Jose Antonio Alvarado Correa, Alvarado & HENRIQUES, ROCHA & ASSOCIADOS Uzma Taslim, Karachi Chamber of Asociados Commerce & Industry - KCCI Mara Rupia Lopes, HENRIQUES, ROCHA & Avil Ramírez Mayorga, Central Law ASSOCIADOS Ali Qaisar, LMA Ebrahim Hosain Nicaragua Lourenço Veniça, Ministério das Finanças Hira Ahmad, LMA Ebrahim Hosain María Asunción Moreno Castillo, Central Rodrigo Ferreira Rocha, Rodrigo Rocha Law Nicaragua Fareed Yaldram, Orr, Dignam & Co. Advogados Roger Vega, Ministry of Finance and Rafay Azim, Orr, Dignam & Co. Natércia Sitoe, TTA Public Credit Umar Shahid, Orr, Dignam & Co. Zahir Riaz, Orr, Dignam & Co. Myanmar Niger Muhammad Rafiq Jan, Planning & Jo Daniels, Baker McKenzie Zarami Abba-Kiari, Cellule d’Appui au Development Department, Government of Partenariat Public Privé (CAPPP) du Niger Khyber Pakhtunkhwa Rowan Kendall, Baker McKenzie Natafi Yahaya, CNPC Niger Petroleum Adnan Qureshi, Qureshi Law Associates Ah Lonn Maung, DFDL Myanmar Mahamane Bachirou Moussa Matti Ameena Sohail, Qureshi Law Associates Saw Yadanar, DFDL Myanmar Idrissa Tchernaka, SCPA LBTI & PARTNERS Azhar Iqbal, Qureshi Law Associates William Greenlee, DFDL Myanmar (Société Civile professionnelle d’Avocats Basharat Mehmood, Qureshi Law Policy and Legal Affairs Division, SCPA LBTI AND PARTNERS) Associates Directorate of Investment and Company Mahamane Bachir, SCPA LBTI & PARTNERS Administration (DICA) Ahsan Rizvi, RIAA Barker Gillette (Société Civile professionnelle d’Avocats Pedro Jose F. Bernardo, Kelvin Chia SCPA LBTI AND PARTNERS) Aftab A. Khan, Surridge and Beecheno Yangon Ltd. Daouda Samna Soumana, SCPA MANDELA Asma Hameed Khan, Surridge and Beecheno Nepal Tariq Saeed Rana, Surridge and Nigeria Beecheno Om Bahadur Rajbhandary, Brihat Group Albert Adu, Alliance Law Firm Barakat Ullah, Works & Services Smita Sharma, DoLIDAR Blessing Obi -Ajunwo, Alliance Law Firm Department Anjan Neupane, Neupane Law Associates Gabriel Onojason, Alliance Law Firm Pushpa Shakya Uchechukwu V. Obi San, Alliance Law Panama Firm Gabriel Almanza Jaén, Almanza & Netherlands Damilola Wright, Banwo & Ighodalo Almanza Jaap Koster, Clifford Chance Folake Alex-Adedipe, Banwo & Ighodalo María Virginia Almanza, Almanza & Almanza Thomas Heijerman, Clifford Chance Oghogho Aghimien, Banwo & Ighodalo Carolina De La Guardia, Infante & Perez Remco Van Duuren, Dura Vermeer Seyi Bella, Banwo & Ighodalo Almillano Marcel van den Broek Philip Asante, CPCS Transcom Limited Carlos E. González R., Morgan & Morgan David Van Ee, NautaDutilh N.V. Ebere Ihetu, ENA Consulting Guillermo Lopez, Sucre, Arias & Reyes Jaco Belder, NautaDutilh N.V. Gbolahan Elias, G. Elias & Co. Renée Fennis, NautaDutilh N.V. Jessica Atatigho, G. Elias & Co. Papua New Guinea Pascal Mousset Oluwatoyin Nathaniel, G. Elias & Co. Paul Brittain, Allens Jan Telgen, University of Twente Irene Okhade Sarah Kuman, Allens Michael Orimobi, Tokunbo Orimobi LP Vincent Bull, Allens New Zealand Komdal Lonagata, Dentons PNG Andy Cartwright, Chapman Tripp Pakistan Steve Patrick, Dentons PNG Grant Hodges, EY Agha Javed Phil Montgomery, GHD Sarah Sinclair, MinterEllisonRuddWatts Aisha Yasin Steve Gallaugher, MinterEllisonRuddWatts Aamir Sultan, Ahmed Bashir & Associates Paraguay Tom Fail, MinterEllisonRuddWatts Ahmed Bashir, Ahmed Bashir & José Antonio Moreno Rodríguez, Altra Associates Vimal Nair, MinterEllisonRuddWatts Legal Musa Janjua, Ahmed Bashir & Associates Dan Marshall, The New Zealand Treasury Pablo Debuchy, Estudio Jurídico Gross Ali Asgher Khan, HaidermotaBNR & CO Brown Brendan Herder, The New Zealand Treasury Ali Moiz Ansari, HaidermotaBNR & Co Alejandra Guanes, Ferrere Procuring Infrastructure Public-Private Partnerships Report 2018 243 Fabrizio Franco, Ferrere Luis Marcelo De-Bernardis, Miranda & Łukasz Szatkowski, Weil, Gotshal & Nestor Loizaga, Ferrere Amado Mangesl Stephanie Franco, Ferrere Laura Zuñiga, Rodrigo, Elias & Medrano Michal Zieniewski, White & Case Alejandra Corrales, Fiorio, Cardozo & Veronica Sattler, Rodrigo, Elias & Jan Roliński, WKB Wierciński, Kwieciński, Alvarado Medrano Baehr Sp. k. Juan Fiorio, Fiorio, Cardozo & Alvarado Luis Miguel Yrivarren Celi, Yrivarren & Quiroga Abogados Portugal Marcelo Alvarado, Fiorio, Cardozo & Alvarado Maria del Pilar Chavez Prado, Yrivarren & Diogo Costa, AAMM - Abecasis, Moura Quiroga Abogados Marques, Alves Pereira & Associados, RL Alejandro Piera Valdes, Guanes, Heisecke & Piera Abogados Paulo Marques, AAMM - Abecasis, Moura Ines Caceres Ratti, Guanes, Heisecke & Philippines Marques, Alves Pereira & Associados, RL Piera Abogados Eric Dykimching, Cruz Marcelo & Mafalda Teixeira de Abreu, Abreu & Tenefrancia Associados - Sociedade de Advogados, Martin Carlevaro Fernand Joseph Miranda, Cruz Marcelo & SP, RL Adilio Celle, Ministerio de Hacienda Tenefrancia Manuel Andrade Neves, Abreu & Anna Wenninger, Ministerio de Hacienda Associados - Sociedade de Advogados, Manuel, Jr. Manaligod, Cruz Marcelo & Facundo Salinas, Ministerio de Hacienda Tenefrancia SP, RL José Canessa, Ministerio de Hacienda Alma Porciuncula, Development Sofia Barbosa Vieira, Abreu & Associados Alternatives Inc. - Sociedade de Advogados, SP, RL Patricia Vera, Ministerio de Hacienda Luz Julieta Ligthart Ana Graça Remondes Daniel Escauriza Bonnín, Technical Secretariat of Planning of Social and Enrique Yap, MVGS Law Maria Castelos, Campos Ferreira, Sá Economic Development (STP) Carneiro & Associados, Sociedade de Manuel Z Gonzalez, MVGS Law Advogados, RL Pedro Lacasa Gonzalez, Technical Ferdinand Pecson, Public-Private Carolina Campanella Secretariat of Planning of Social and Partnership Center of the Philippines Economic Development (STP) António Magalhães e Menezes, CMS - Rui Cynthia Hernandez, R.G. Manabat & Co., Pena, Arnaut & Associados Tomás Brizuela, Technical Secretariat KPMG partner firm of Planning of Social and Economic Mónica Carneiro Pacheco, CMS - Rui Development (STP) Arlene Maneja, SyCip Salazar Hernandez Pena, Arnaut & Associados and Gatmaitan Carlos Vouga, Vouga Abogados Carlos Lopes, EY Carlo Miguel Romeo Go, SyCip Salazar Eugenio Lopez, Vouga Abogados Miguel Farinha, EY Hernandez and Gatmaitan Rodolfo Vouga, Vouga Abogados Rui Manteigas, Infraestruturas de Franchette M. Acosta, Villaraza & Walter David Vera, Vouga Abogados Angangco Portugal Paul Rodulfo Imperial, Villaraza and André Dias, Macedo Vitorno & Associados Peru Angangco António Vitorino, Macedo Vitorino & Associados Adolfo Pulgar Soarez Poland Susana lVieira, Macedo Vitorino & Daniela Camacho, CMS Grau Associados Giancarlo Villafranqui, CMS Grau Marcin Oszczak, CMS Cameron McKenna Greszta i Sawicki Sp.k. Jardim, Sampaio, Magalhães e SIlva e Michelle Barclay, CMS Grau Associados Aldona Kowalczy, Dentons Europe Ursula Cedron, CMS Grau Dąbrowski i Wspólnicy Sp. k. Pedro Melo, PLMJ - Law Firm Cristian Ubia Krzysztof Wiater, DLA Piper Wiater sp.k. Rita Ferreira dos Santos Javier Hervias Concha, Direccion Magdalena Gmur, DLA Piper Wiater sp.k. Rita Pinheiro Romão General de Concesiones en Transportes Ana Luísa Guimarães, Sérvulo & del Ministerio de Transportes y Paweł Turek, DLA Piper Wiater sp.k. Associados Comunicaciones Marcin Skowron, EU & International Cooperation Department Mafalda Ferreira, Uría Menéndez Proença Angela Raygada Navarro, Estudio de Carvalho Echecopar (Baker & McKenzie Kamil Jankielewicz International) Fernando Crespo Diu, UTAP - Unidade Marta Janowska, K&L Gates Jamka Sp.k. Técnica de Acompanhamento de Projetos Juan Carlos De los Heros, Estudio Paweł Piotrowski, K&L Gates Jamka Sp.k. João Tilly, UTAP - Unidade Técnica de Echecopar (Baker & McKenzie International) Wiktor Lewczuk, K&L Gates Jamka Sp.k. Acompanhamento de Projetos Alvaro Valencia, Ministry of Economy and Paweł Olas, Ministry of Finance Catarina Coimbra, Vieira de Almeida Finance Agnieszka Wachowska, Traple Konarski Manuel Protásio, Vieira de Almeida Germán Ferreyra, Ministry of Economy Podrecki i Wspólnicy Teresa Empis Falcão, Vieira de Almeida and Finance Magdalena Gąsowska, Traple Konarski Juan Diego Angulo, Ministry of Economy Podrecki i Wspólnicy and Finance Qatar Wardyński & Partners Adam Haque, DLA Piper Middles East Isabel Lira, Miranda & Amado 244 Trevor Butcher, DLA Piper Middles East Yves Sangano, Ksolutions & Partners Law Sierra Leone Pawel Piotrowski, K&L Gates LLP Firm Michael Imran Kanu, Cole, Kanu & Kayiranga Rukumbi Bernard, Ministry of Partners Justice Romania Abu Kamara, PPP Unit Minega Isibo, Rwanda Development Miriam Constantin, D&B David si Baias Mohamed Abu Sesay, PPP Unit Board S.C.A Alfred Nuwagaba, Uganda Christian Corina Ionescu, Ionescu Miron SPARL University Singapore Roxana Stoica, Ionescu Miron SPARL Chee Wai Kok, Allen & Gledhill Amalia De Ligenza, Kinstellar Saudi Arabia Kelvin Wong, Allen & Gledhill LLP Bogdan Bibicu, Kinstellar Hatem Abbas, Ghazzawi & Co. Nor Aizat Bin Ahmad, Allen & Gledhill Rena Saftencu, Kinstellar Leroy Levy, King & Spalding Wee Meng Tan, Allen & Gledhill Adina Chilim-Dumitriu, Nestor Nestor Richard Paton, KPMG Jason Humphreys, Allen & Overy LLP Diculescu Kingston Petersen Fahad AlDehais AlMalki, Mohammed Adrian Wong, CMS Singapore Adriana Ioana Gaspar, Nestor Nestor AlDhabaan & Partners In association Joseph Yeo, CMS Singapore Diculescu Kingston Petersen with Eversheds Sutherland (International) LLP Kelvin Aw, Morgan Lewis Stamford LLC Vlad Anghel, Nestor Nestor Diculescu Kingston Petersen Lesley Tan, WongPartnership LLP Bogdan Creteanu, PeliFilip SCA Senegal Peng Cheng Tay, WongPartnership LLP Oana Badarau, PeliFilip SCA Rahimine Azimari Toure, Geni & Kebe Pentilescu Ramona, Popovici Nitu Stoica Aliou Saware, Institut Africain Pour Le Slovakia & Asociatii Partenariat Public-prive (IAF-PPP) Lukáš Michálik, Hamala Kluch Víglaský Daniel Anghel, PricewaterhouseCoopers Brian Fix, International Senior Lawyers s.r.o. Tax Advisors & Accountants S.R.L. Project Michal Davala, Hamala Kluch Víglaský Ianita Tui, Radu Taracila Padurari Abdou Diaw, IP3 Conseil s.r.o. Retevoescu SCA in association with Miriam Galandová, PRK Partners s.r.o. Ibrahima Fall, Ministry of Promotion of Allen&Overy Investments and Partnerships Ivan Šafranko, Ružička Csekes s. r. o. Florentin Țuca, Țuca Zbârcea & Asociații Ján Azud, Ružička Csekes s. r. o. Iuliana Leon, Țuca Zbârcea & Asociații Serbia Vlad Mihai Cercel, Țuca Zbârcea & Tamara Momirov, Bojović & Partners Slovenia Asociații Uroš Popović, Bojović & Partners Barbara Hočevar Simona Gherghina, University of Bucharest Commission for Public-Private Dunja Jandl, CMS Reich-Rohrwig Haniz Partnership of the Government of the Attorneys-at-law - Slovenian Branchi Bryan Wilson Jardine, Wolf Theiss Republic of Serbia Rechtsanwälte GmbH & Co KG Urša Jozelj, CMS Reich-Rohrwig Haniz Jasna Zwitter-Tehovnik, DLA Piper Weiss- Attorneys-at-law - Slovenian Branchi Cristina Ion, Wolf Theiss Rechtsanwälte Tessbach Rechtsanwälte GmbH GmbH & Co KG Boštjan Ferk, Institut for PPP Slovenia Jelena Gazivoda, Jankovic, Popovic & Mitic Law Office Katja Šumah, Law firm Miro Senica and Russian Federation attorneys, d.o.o. Dragan Drača, PricewaterhouseCoopers Kira Mueller, Baker Botts L.L.P. Consulting d.o.o. Maja Stojko, Law firm Miro Senica and attorneys, d.o.o. Konstantin Garmonin, Baker Botts L.L.P. Predrag Milovanović, PricewaterhouseCoopers Consulting Ministry of Finance Lola Shamirzayeva, Herbert Smith Freehills CIS LLP d.o.o. Ana Bergant, PwC Svetovanje Olga Revzina, Herbert Smith Freehills CIS Vladislav Cvetković, Igor Šiškin, PwC Svetovanje LLP PricewaterhouseCoopers Consulting d.o.o. Olga Vasilyeva, Herbert Smith Freehills Solomon Islands CIS LLP Stevan Radunović Dusan Dincic, SOG/Samardzic, Oreski & Andy Cartwright, Chapman Tripp Alexander Dolgov, Hogan Lovells Grbovic Dulcie Ausuta, Ministry of Infrastructure Milan Samardzic, SOG/Samardzic, Oreski Development Rwanda & Grbovic John Katahanas, Sol-Law Equity Juris Chambers Branislav Živković, Živković Samardžić Yiannakopoulos Nick Dieudonne Nzafashwanayo, ENSafrica Nikola Šiljegović, Živković Samardžić Eric Cyaga, Ksolutions&Partners Sonja Šehovac, Živković Samardžić Somalia Julien Kavaruganda, Ksolutions&Partners Carrie Farley, Iris Infrastructure Advisory Limited Procuring Infrastructure Public-Private Partnerships Report 2018 245 Ismail Aweis, Ministry of Finance, Federal Verónica Romaní, Gómez-Acebo & Pombo Ahmed Musa, Sudan University of Government of Somalia Abogados Science and Technology Abdiwahid Osman Haji, Mogadishu Law Ana López Carrascal, KPMG Abogados, Babiker Ali Office S.L. Takaful Insurance of Africa, Somalia Borja Carvajal Borrero, KPMG Abogados, Sweden Adam Ismail S.L. Jonas Bratt, Eversheds-Sutherland Ignacio Castellanos Herraiz, KPMG Advokatbyrå AB Abogados, S.L. South Africa Per-Ola Bergqvist, Foyen Advokatfirma Jorge Aguirregomezcorta Oppelt, KPMG Gavin Noeth, Adams & Adams Abogados, S.L. Erik Sigfridsson, Hamilton Advokatbyrå Amanda Scribante, Baker McKenzie KB Alfredo Fernández Rancaño, J&A (South Africa) Garrigues, S.L.P. Fredrik Linder, Hamilton Advokatbyrå KB Kieran Whyte, Baker McKenzie (South Juan Muguerza Odriozola, J&A Garrigues, Mikael Dubois, Hamilton Advokatbyrå KB Africa) S.L.P. Johan Granehult, Mannheimer Swartling Kyle Soekoe, Baker McKenzie (South Fernando Lillo, Jones Day Lisa Antman, Wigge & Partners Advokat Africa) Sergio Cires, Jones Day KB ENSafrica Beatriz García Gómez, Pérez-Llorca Stefan de Hevesy, Wigge & Partners Bontle Pilane, Fasken Martineau Advokat KB Elena Veleiro, Pérez-Llorca John Janks, Fasken Martineau Jorge Hernández Labrador, Pérez-Llorca Lara Bezuidenhoudt, Fasken Martineau Switzerland Carlos Melón, Ramón y Cajal Abogados James Aiello Aurélien Muller, Ernst & Young SA Pablo Silván, Ramón y Cajal Abogados Joz Coetzer, White & Case LLP Laurent Bludzien, Ernst & Young SA Mariano Magide, Uria Menendez Marianna Naicker, White & Case LLP Martin Walker, Federal Finance Administration Matthew Richards, White & Case LLP Sri Lanka Yanai Klawansky, White & Case LLP Binushi Narangoda, Binushi Tajikistan Aloka Nandasena, D. L. & F. De Saram Rauf Gulov Spain Savantha De Saram, D. L. & F. De Saram Asian Business Group - Legal Adviser, LLC José Vicente Morote, Andersen Tax & Malsha Nethmi Wickramasinghe, FJ&G de Legal Spain Alisher Khoshimov, Centil Saram Elisabet Cots, Baker McKenzie Elvira Maratova, GRATA International Shevanthi Perera, FJ&G de Saram Xavier Junquera, Baker McKenzie Bahodur Nurov, GRATA International Mohammad Abu Rashed, Horizon Antonio Dorado, Cuatrecasas, Gonçalves Partners Marina Shamilova, Legal Consulting Pereira Group Anandhiy Gunawardhana, Julius & Creasy Fernando Bernard, Cuatrecasas, Raufdzhon Gulov, State Center “Project Harindi Palkumbura, Julius & Ceasy Gonçalves Pereira Implementation Unit of Public Private Reyaz Mihular, KPMG Sri Lanka Partnership” (PPP) Jorge Botella, Cuatrecasas, Gonçalves Pereira Ivor Pratap, Sikder Group Farukh Sultonov, Tajik Norwegian Centre on Sustainable Development Juan Martínez Calvo, Deloitte Legal Abirami Nithiananthan, Tiruchelvam Associates Jienshoh Bukhoriev, Tajnor Consulting Alberto Dorrego de Carlos, Eversheds Sutherland Nicea Nirosha Peiris, Tiruchelvam Associates Charles Coyle Fernández, Eversheds Ramani Muttettuwegama, Tiruchelvam Tanzania Sutherland Nicea Associates Neema Lwise Kileo, Astute Attorneys Jorge López Sánchez-Prieto, Eversheds Thuwaraka Ganeshan, Tiruchelvam Ramadhani Karume, Astute Attorneys Sutherland Nicea Associates Thomas Sipemba, East African Law Laura Sánchez Hernández, Eversheds Chambers Sutherland Nicea Sudan Joseph Sheffu, Ernst & Young Carlos Pérez Infante, EY Abogados Yassir Ali, AIH Law Firm Adam Lovett, Norton Rose Fulbright Félix Plasencia Sánchez, EY Abogados Mohamed Adam, Dr. Adam & Associates Dandi Momburi, PPRA Foro Infraestructuras LLP Carlos Marina, Gómez-Acebo & Pombo Amir Albashir, Living Standards Abogados Organization Thailand Carlos Vázquez, Gómez-Acebo & Pombo Ibtisam Gad’d, Ministry of Finance Seree Nonthasoot, Institute of Research Abogados and Development for Public Enterprises Mubarak Elmahdi, Ministry of Investment Miguel Ángel García, Gómez-Acebo & Ulrich Eder, PUGNATORIUS Ltd. Ahmed Elhillali, Special Legal Consultant Pombo Abogados Abelmutalab Adam, Sudan University of Science and Technology      246 Timor-Leste Myriam Ben Sayeh, EY Associated Advocates Bernardo Correia Barradas Atef Masmoudi, Ministère des finances Pearl Nyakabwa, Kampala Associated Advocates Maura C. Santos, Ministry of Finance Belgacem Ayed, Ministère du développement de l’investissement et de Kayiranga Didas Mirrimo, PPP Unit- Renato Almeida, Miranda & Associados la coopération internationale Ministry of Finance, Planning and Ricardo Alves Silva, Miranda & Economic Development Associados Turkey Eeshi Katugugu, PricewaterhouseCoopers Tereza André, Miranda & Associados Limited Şahin Ardıyok, Balcıoğlu Selçuk Akman Rui Amendoeira, Vieira de Almeida Hilda Kamugisha, Keki João Cortez Vaz, Vieira de Almeida PricewaterhouseCoopers Limited Deren Dongel, Bener Law Firm Muhammet Yigit, Bener Law Firm Togo Ukraine Ekin Inal, Bilgiç Attorney Partnership Essoham Alaki, Autorité de régulation Markian Malskyy, Arzinger Law Office Haluk Bilgiç, Bilgiç Attorney Partnership des marchés publics Maryna Ilchuk, Arzinger Law Office Merve lAkkuş, Bilgiç Attorney Partnership Ali Hojeij, Bird & Bird Oksana Kotsovska, Arzinger Law Office Naz Bandik Hatipoğlu, Çakmak Avukatlık Sophie Pignon, Bird & Bird Asters Ortaklığı Mensah Attoh Koffi Sylvain, Cabinet Glib Bondar, AVELLUM Başak Ayık, Çakmak Avukatlık Ortaklığı Attoh-Mensah Dmytro Orendarets, Baker McKenzie Nigar Özbek, Çakmak Avukatlık Ortaklığı Koffi Mawunyo Equagoo, Cabinet de Stepanyda Badovska, Baker McKenzie maitre Attoh-mensah Caglar Arslandogan, Cetinkaya Avukatlık Ortaklığı Lina Nemchenko, Baker & McKenzie - CIS, H. Kuassi DECKON, Faculté de droit/ Limited Université de Lomé Onur Taktak, Cetinkaya AvukatlıkOrtaklığı Nadiia Filozop, Baker & McKenzie - CIS, Isabelle Ameganvi Ozlem Tolonguc, Cetinkaya Avukatlık Limited Ortaklığı John W Ffooks & Co Kateryna Chechulina, CMS Cameron Ekin Ersanlı, Erdem & Erdem Law Firm Edem Zotchi, MARTIAL AKAKPO & McKenna Nabarro Olswang LLC ASSOCIES, Société d’avocats Melisa Sevinç, Erdem & Erdem Law Firm Olga Belyakova, CMS Cameron McKenna Martial Akakpo, MARTIAL AKAKPO & Nezihe Boran Demir, Erdem & Erdem Law Nabarro Olswang LLC ASSOCIES, Société d’avocats Firm Vitaliy Radchenko, CMS Cameron Yaovi Montcho, MARTIAL AKAKPO & Özgür Kocabaşoğlu, Erdem & Erdem Law McKenna Nabarro Olswang LLC ASSOCIES, Société d’avocats Firm Vladyslava Mitsai, CMS Cameron Affo Tchitchi Dedji, Ministry of Economy Ayça Özbek, Ergün Avukatlık Bürosu McKenna Nabarro Olswang LLC and Finance Cagdas Evrim Ergün, Ergün Avukatlık Wolfgang Amann, IIBW - Institut für Ahoté Atchare, Ministry of Economy and Bürosu Immobilien, Bauen und Wohnen GmbH Finance Senem Denktas (Ismen), Hergüner Bilgen Elena Nykyforuk, Institute for Economics Özeke Attorney Partnership and Forecasting Tonga Alp Sinan Sunay, Pekin & Pekin Valeryi Heyets, Institute for Economics Andy Cartwright, Chapman Tripp Elif Tolunay, Pekin & Pekin and Forecasting Bilge Müftüoğlu, Yazıcı Law Offices Bohdan Bon, LLC Dentons Europe Trinidad & Tobago Murat Yazıcı, Yazıcı Law Offices Nadiya Shylienkova, LLC Dentons Europe Amalia Maharaj, Pollonais, Blanc, de la Nihal Berker Atlı, Yazıcı Law Offices Natalia Selyakova, LLC Dentons Europe Bastide and Jacelon Yunus Emre Bakiler, Yazıcı Law Offices Ukrainian PPP Center Lex Caribbean Bircem Ayaslioglu, YDA Construction Mithra Rampersad, Rivelin Consultants Gizem Ustundag, YDA Construction United Arab Emirates Giselle Small, Tobago House of Assembly Murat Ersoy, YDA Construction Andrej Kormuth , Clifford Chance LLP - Division of Finance and the Economy Richard Parris, Clifford Chance LLP Uganda Vishal Rander, Deloitte Tunisia Adam Haque, DLA Piper Middle East LLP Alexander Kibandama Mahmoud Anis Bettaieb, Bettaieb Law Blaisie Paulsen, Byenkya & Kihika Tim Armsby, Eversheds Sutherland Firm Company Advocates Chris Skordas, Herbert Smith Freehills Abdessattar Berraies, Cabinet Zaanouni Dinah Mukasa, Byenkya & Kihika LLP & Associés Company Advocates Joanna Codling, Herbert Smith Freehills Mohamed Zaanouni, Cabinet Zaanouni & Edward Balaba, Ernst & Young (EY) LLP Associés Yosia Sekiremba, Ernst & Young (EY) Phil Hanson, Herbert Smith Freehills LLP Sarra Elloumi, Cabinet Zaanouni & Associés Isaac Newton Kyagaba, Kampala Ministry of Finance Procuring Infrastructure Public-Private Partnerships Report 2018 247 United Kingdom Martin Desautels, DFDL Vietnam Cameron Smith, Ashurst LLP Phong Anh Hoang, DFDL Vietnam David Cave, Ashurst LLP Minh Thanh Tran, Duane Morris Vietnam LLC Paul Smith, CMS Cameron McKenna Nabaro Olswang LLP Hung Duy Tran, Monitor Consulting Robert Gray, CMS Cameron McKenna Kent Wong, VCI Legal Nabarro Olswang LLP John Davis, YKVN Lawyers Allison Page, DLA Piper Quoc Bao Truong, YKVN Lawyers Carla Hancock, DLA Piper Andrew Carty, Infrastructure and Projects Zambia Authority Mwenda Silumesii, AnChiCon Limited Robin Baillie, Squire Patton Boggs Robin Durairajah, Chibesakunda and Company United States (Virginia) Jacqueline Jhala, Corpus Legal Sherena Hussain, Brookfield Centre in Practitioners Real Estate and Infrastructure Natasha Shamutete, Corpus Legal Jonathan Gifford, George Mason Center Practitioners for Transportation Public-Private Dora Siliya, Ministry of Agriculture Partnership Policy Robert Simeza, Simeza Sangwa and David L. Miller, Pillsbury Winthrop Shaw Associates Pittman LLP Fernando Rodriguez Marin, Pillsbury Winthrop Shaw Pittman LLP Zimbabwe Raymond Partridge, Virginia Department Cornelius Dube of Transporation, Office of Public-Private Canaan Farirai Dube, Dube, Manikai & Partnerships (VDOT P3 Office) Hwacha Commercial Law Chambers Edwin Manikai, Dube, Manikai & Hwacha Uruguay Commercial Law Chambers Miguel Loinaz Ramos, ALS Law Firm Milanda Manjengwah, Dube, Manikai & Hwacha Commercial Law Chambers José Luis Echevarría Petit, Echeverria Leunda & Echevarría Petit Abogados Mutsa Remba, Dube, Manikai & Hwacha Commercial Law Chambers Carla Arellano, Ferrere Bridget Mafusire, Manokore Attorneys Gonzalo Secco, Ferrere Ronald Mutasa, Manokore Attorneys Diego Baldomir, Guyer & Regules Sharon Bwanya, MawereSibanda Federico Piano, Guyer & Regules Commercial Lawyers Olivera Abogados Sawyer & Mkushi Maximiliano Sosa, PPP Unit - Ministry of Finance Luisa Olivera, PPP Unit - Ministry of Finance Vietnam Nicolas Picard, Audier & Partners Vietnam LLC Chi Lieu Dang, Baker & McKenzie (Vietnam) Ltd. Thanh Hai Nguyen, Baker & McKenzie (Vietnam) Ltd. 248 The World Bank Group provides assistance to governments in developing countries to improve access to infrastructure and basic services through public-private partnerships (PPPs). Well- designed PPPs that appropriately consider fiscal implications and are implemented in a balanced regulatory environment can bring greater effciency 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.