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Structuring and Drafting the Tender and Contract

5References

Name of Document

Authors/Editors and Year

Description

htpp link (when available)

Key References for PPP Structuring

Infrastructure Australia National PPP Guidelines Volume 2: Practitioners’ Guide

Commonwealth of Australia (2011).

Includes guidelines to structure PPP contracts and tender processes, and manage tender process of the “interactive type”.

http://infrastructureaustralia.gov.au/policy-publications/public-private...

Standardization of PFI Contracts (version 4)

HM Treasury, UK (2007).

Detailed guidelines as to structure a PFI (user-pays PPP) contract.

Standardization of PFI2 Contracts

HM Treasury, UK (2012).

Develops the former standards as to adapt them to PF2

https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...

A New Approach to Public-Private Partnerships (PF2)

HM Treasury, UK (2012).

A review of the PFI approach, which incorporates a number of new features in the PFI UK model, including public equity, the use of public guarantees for the debt, and so on.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...

Risk Allocation and

Contractual Issues

Partnerships Victoria (June 2001).

An extensive analysis on risk allocation and risk-related contractual standards.

www.dtf.vic.gov.au/.../Risk-Allocation-and-Contractual-Issues1-Entire.pdf

Online Toolkit for Public Private Partnerships in Roads and Highways World Bank

Public-Private Infrastructure Advisory Facility (PPIAF) (2009).

Includes a description of tender processes and a reflection on different revenue structures, including an attached paper analyzing payment mechanisms in roads,

http://www.ppiaf.org/sites/ppiaf.org/files/documents/toolkits/highwaysto...

Public-Private Partnerships Reference Guide V 2.0

World Bank Group, PPIAF (2014).

Includes a good summary of the key issues related to PPP structuring.

http://ppp.worldbank.org/public-private-partnership/library/public-priva...

The Guide to Guidance - How to Prepare, Procure and Deliver PPP Projects

European PPP Expertise Centre (EPEC) (2012).

Of particular interest for this chapter is the description of contract termination issues and methods to calculate the termination compensation sum.

http://www.eib.org/epec/g2g/iii-procurement/31/314/index.htm

National Treasury PPP Manual, South Africa (Module 5: Procurement).

National Treasury PPP Unit, South Africa (2004).

Module 5 describes procedures and standard approaches for the design of the contract and PPP tender documents.

http://www.ppp.gov.za/Legal%20Aspects/PPP%20Manual/Module%2005.pdf

Other References and Readings Cited in this Chapter

World Bank (2015).

Explains the relevant and main contents of what should constitute a contract information disclosure framework. Provides examples of jurisdictions that provide templates in their policy guidelines and suggests its own template for proactive disclosure in section 11 “Templates” (pages 37-41).

World Bank (2015).

An extension of the previous mentioned Guide. Provides an analysis of approaches to information disclosure (both to pre-procurement and post-procurement phases), including how some countries tackle disclosure of the contract.

HM Treasury UK (2004).

For information on risk management of the PPP process.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...

The World Bank Group provides intelligence on real precedent contract and tender regulations in PPPIRC.

http://ppp.worldbank.org/public-private-partnership/about-pppirc

Risk Identification and Risk Allocation in Project Finance Transactions

Chris Furnell (May 2000).

PPP: Principles of Policy and Finance

E. R. Yescombe (2007).

Chapter 14 deals with risk evaluation and transfer (including a focus on bankability and the perception of lenders), and it is pertinent to the risk structuring part of this chapter of the PPP Certification Guide.

E. Engel and others (2002).

This article describes the “Least-Present-Value-of-Revenue” criterion used to award toll road PPP concessions in Chile.

http://object.cato.org/sites/cato.org/files/serials/files/regulation/200...

UK Office of Gov. Commerce (2008).

Describes the process and main features to consider when structuring and handling a competitive dialogue as regulated by the European Union.

http://webarchive.nationalarchives.gov.uk/20110601212617/http:/ogc.gov.u...

Attracting Investors to African PPP

PPIAF (2009).

Includes an interesting example of what constitutes smart or non-smart output specifications in an accommodation PPP.

https://openknowledge.worldbank.org/bitstream/handle/10986/2588/461310re...

PPP Guidelines of the Río de Janeiro Municipal Government

Sponsored by World Bank (2013).

Includes recommended standards for PPP contract provisions in the Brazilian context.

EPEC (2013).

Discuss different approaches and provide tips and reflections on recommended termination provisions.

http://www.eib.org/epec/resources/Termination_Report_public_version.pdf

PPIAF, World Bank – Farquharson, Torres de Mästle, and Yescombe, with Encinas (2011).

Describes and provides guidance on the whole PPP process, highlighting the experience of developing countries. Briefly covers project selection; the focus is on preparing and bringing the project to market and engaging with the private sector.

Also includes a number of representative case studies.

https://openknowledge.worldbank.org/bitstream/handle/10986/2262/594610PU...

Andrés Rebollo, commissioned by the Inter-American Development Bank (IDB) (2009).

Describes Spanish experience in road PPPs. Annex 2 provides for a case study of a PPP based in shadow toll bands.

http://publications.iadb.org/handle/11319/4890

OECD (2008)

Analyses how efficiency is driven by proper risk transfer.

FHWA, Department of Transportation, US (2013).

Provides guidelines for risk assessment in PPPs.

https://www.fhwa.dot.gov/ipd/pdfs/p3/p3_guidebook_risk_assessment_030314...

Explanatory Note- Competitive Dialogue- Classic Directive

European Commission (2005).

Explains how to use Competitive Dialogue in Europe.

Recommended PPP contractual provisions (draft)

Gide, commissioned by WB (2015)

Recommeonds standard provisions for key aspects of the PPP contract such as early termination, confidentiality and disclosure, lender´s rights and others.

Dispute Resolution Checklist and Sample Wording

PPPRIC web site

Provides advice in relation to the design of Dispute Resolution systems and processes.

http://ppp.worldbank.org/public-private-partnership/ppp-overview/practic...

Cases Studies

World Economic Forum (2010).

Includes several case studies on relevant PPP transactions.

http://www3.weforum.org/docs/WEF_IV_PavingTheWay_Report_2010.pdf

World Bank Group and PPIAF (2015).

Includes a number of examples on how proactive disclosure is relevant for successfully managing industry interest, and public acceptance and support.

EU commission (2004).

Analyzes PPP developments in Europe in the sectors of water, waste management, and transportation, providing and explaining numerous PPP cases in emerging markets in the EU.

http://ec.europa.eu/regional_policy/sources/docgener/guides/pppresourceb...

World Bank Group (2014).

Explains the current challenges of EMDEs in accessing private finance, explaining a number of relevant success cases and lessons learned.

https://g20.org/wp-content/uploads/2014/12/WBG%20IIWG%20Success%20Storie...



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