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Projects can be identified and championed by the procuring authority or central authorities. The procuring authority is the public party to the PPP contract. The procuring authority is responsible for conducting the PPP deal and managing the PPP contract. This role typically falls to the entity with responsibility for ensuring the relevant asset or service is provided.

The PPP law or policy may specify which government entity is allowed to enter into PPP contracts, and the authorities that are responsible for PPP implementation. It is common for agencies with existing responsibilities for infrastructure such as a department of transportation or local authority – to be the procuring authority and to champion the project.

In some jurisdictions, a central PPP, infrastructure, or planning authority will take the lead in identifying and championing projects that are suitable to be developed as PPPs. Such agencies may also run the procurement on behalf of the sector or local authority. Country examples are presented in box 2.13.

BOX 2.13: Responsibilities for Championing Projects in Various Jurisdictions

  • In the Philippines, the BOT Law (1993) delegates responsibility for developing and implementing PPPs to eligible government agencies, units, or authorities. These include Government-Owned or Controlled Corporations, Government Financial Institutions), State Universities and Colleges, and Local Government Units. These agencies are required to create a prequalification Bids and Awards Committee that will oversee the PPP process for each PPP project.[86]
  • Under Tanzania’s PPP law (2010), the procuring authority can be any eligible party within the government. The procuring authority is responsible for facilitating project development, including project identification, a feasibility study, environmental impact assessment, and design and implementation of the PPP contract.[87]
  • Under the Manual for PPP procedures in Colombia (2010), procuring authorities (ministries or other sector-specific, local, and regional institutions) are in charge of conducting eligibility and Value for Money analyses, and submitting the results to the PPP unit – the UPAPP[88]. The implementing agencies also manage the procurement process.[89]

 

[86] Philippines BOT Center (1993) The Philippine BOT Law (Republic Act No. 7718) and its Implementing Rules & Regulations.

[87]The United Republic of Tanzania (2010) Public Private Partnership Act 2010.

[88] Unidad de Proyectos de Asociación Público-Privada.

[89] Government of Colombia (2010) Manual de Procesos y Procedimientos para la ejecucion de Asociaciones Publico Privadas (Process and Procedures Manual for PPP Projects), Chapter 4.2, p 34.

book: 
Establishing a PPP Framework

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