Income Group | Upper middle income |
Economy Score |
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Question | PPPs |
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Does the regulatory framework allow procuring PPPs? | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | The Jamaican regulatory framework for PPPs is made of the PPP Policy from October 2012, which is an addendum to the Pol... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | http://www.mof.gov.jm/documents/documents-publications/document-centre/file/165-policy-and-institutional-framework-for-t... More |
Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | No |
Please describe: | n/a |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | Yes |
Please describe: | The DBJ is currently undertaking a review of the GOJ's Privatization and PPP Policies with a view to including several a... More |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Transportation. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Water and Irrigation | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Energy generation and distribution. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Telecom | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Other | No |
If yes, specify and provide the relevant legal/regulatory provisions: | n/a |
Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | No |
If yes, please specify and provide the relevant legal/regulatory provision (if any): | n/a |
Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | Any government ministry, agency or company that wishes to enter a PPP will be a procuring authority. However, the Develo... More |
In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | Yes |
If yes, please indicate its name, and its website (if available): | The day-to-day coordination of the PPP Programme and management of PPP project development will be the responsibility of... More |
If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | Yes |
PPP capacity building for other public authorities. | Yes |
PPP promotion among the public and/or private sectors in national and international forums. | Yes |
Technical support in implementing PPP projects. | Yes |
Identification and selection of PPP projects from the pipeline. | No |
Revision of fiscal risks born by the Government. | No |
Consultation with affected communities on potential impact of PPP projects. | No |
Approval of PPP projects. | No |
Undertaking the procurement of PPPs. | No |
Oversight of PPP implementation. | Yes |
Other | Yes |
please specify: | Pursuant to section 4.0.2.4 v. of the PPP policy, the PPP Unit identifies and manages funds for the development and impl... More |
Please provide the relevant legal/regulatory provisions: | Pursuant to Section 4.0.2.4 a. of the PPP Policy, the DBJ, which is currently designated as the GoJ's Privatization Secr... More |
Question | PPPs |
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Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 6.4.3 of the financial administration and audit Act: (i) All public investment proposals/projects must, as a pre... More |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 6.4.3 of the financial administration and audit Act: (i) All public investment proposals/projects must, as a pre... More |
If yes to question 8.2, which of the following alternatives best describes the regulation?: Accounting and reporting according to International Public Sector Accounting Standards (IPSAS). | No |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | No |
Please specify: | n/a |
Other. | Yes |
Please specify: | Public Sector accounts are currently prepared on a cash basis, however it is Government’s intention to adopt IPSAS stand... More |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet Committee, Parliament, Supreme Audit Office, et | Yes |
If yes, please specify the relevant authority | Cabinet and Development Bank of Jamaica ("DBJ") |
and provide the relevant legal/regulatory provisions (if any): | According to section 4.0.2.1 of the PPP policy, Cabinet approval will be required: i. For the initial PPP List; ii. To a... More |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before signing the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | The Business Case will be carefully scrutinized before being submitted to Cabinet, both by the Enterprise Team, and also... More |
Does the procuring authority use transaction advisors during the PPP project cycle? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Sections 4.0.2.4 iv. Of the PPP policy referring to enterprise team indicates it is in charge of approving the Project P... More |
In a case comparable to the case study assumptions, please select the option that best describes the way your government integrates the prioritization of PPP projects with other public investment project prioritization? (e.g. in the context of a national | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | To ensure that projects of national significance or strategic value are systematically incorporated in the PPP Programme... More |
The regulatory framework prescribes the need for PPPs to be consistent with all other investment priorities without establishing a specific procedure to achieve that goal. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework does not include any provisions but the procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. | No |
If yes, please elaborate: | n/a |
The procuring authority does not evaluate PPPs against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Based on your experience, is it always the case that this prioritization is done in practice in accordance with the provisions of the regulatory framework described above? | Yes |
If yes, please specify: | Further to the establishment of the Public Investment Management Committee (PIMC) and PIMSEC, all public investment proj... More |
If no, please elaborate: | n/a |
Which of the following assessments are conducted when identifying and preparing a PPP in order to inform the decision to proceed with it? (check all that apply): Socio-economic analysis (cost-benefit analysis of the socio-economic impact of the PPP projec | Yes |
Relevant legal/regulatory provision (if any) | PPP Policy, paragraph 7 : Projects will be tested against the criteria at three (3) stages: (i) Project Identification; ... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | According to appendix 1 of the PPP policy, a PPP project is socially sustainable when all substantial social impacts of ... More |
Is the assessment done in practice? | Yes |
Details: | Socio-economic impacts are assessed in practice before launching the procurement process. |
Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to section 7.0 of the PPP Policy, projects will be tested against the criteria at three (3) stages: (i) Project... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Appendix 1 of the PPP policy indicates that the amount of Government support, including scheduled payments and contingen... More |
Is the assessment done in practice? | Yes |
Details: | the MOFPS ensures that PPPs are affordable. |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to Appendix 1 of the PPP policy, to assess that a PPP project achieves value for money, risks shall be identifi... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Risk identification and allocation is undertaken in the PPP development process. |
Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives (i.e. value for money analysis, public sector comparator) | Yes |
Relevant legal/regulatory provision (if any) | PPP policy, section 7.0 : Projects will be tested against the criteria at three (3) stages: (i) Project Identification;... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Appendix 1 of the PPP policy provides: Value for Money: PPP achieves greater net economic benefit than public provision ... More |
Is the assessment done in practice? | Yes |
Details: | The MOFPS PPP Unit assesses the PPPs delivery of value for money; MOFPS’ VFM assessment is supported by the comparative... More |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | Section 7.0 of the PPP policy states that projects will be tested against the criteria at three (3) stages: (i) Project ... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Pursuant to Appendix 1 of the PPP policy, several verifications and assessments are to be prepared in order to result in... More |
Is the assessment done in practice? | Yes |
Details: | The assessment of financial viability is done both by PIMsec and the DBJ PPP Unit. |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes |
Relevant legal/regulatory provision (if any) | PPP Policy, section 7.0 Projects will be tested against the criteria at three (3) stages: (i) Project Identification; (... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | According to appendix 1 of the PPP policy, in order to achieve value for money, a PPP shall be marketable. To ensure thi... More |
Is the assessment done in practice? | Yes |
Details: | Market assessments/soundings are required for assessment by the PPP Unit to determine the marketability of the PPP. |
Environmental impact assessment | No |
Relevant legal/regulatory provision (if any) | Pursuant to Section 7 of the PPP policy, There are four (4) main PPP criteria: i. Project is viable – the project makes ... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Appendix 1 of the PPP policy provides for a criteria of environmental compliance. At the initial screening stage: There ... More |
Is the assessment done in practice? | Yes |
Details: | Environmental due diligence assessments are required by the PPP Unit to determine environmental impact. |
Consultation process with affected communities on potential impact of the PPP project | Yes |
Relevant legal/regulatory provision (if any) | Appendix 1 of the PPP policy, provides for an analysis of the social sustainability, which is to include at the business... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Stakeholder consultations are required and are undertaken by the procuring entity in order to facilitate the DBJ PPP Un... More |
Does the procuring authority include the assessments (indicated in Question 12 above) in the request for proposals and/or tender documents (for example, as part of an Information Memorandum to the bidders)? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a |
Are the assessments published online? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
specify the website | n/a |
please specify which of the assessments are published online: | n/a |
Does the procuring authority include a draft PPP contract in the request for proposals? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If no, please elaborate | It seems that there is an attempt to include a draft contract in the request of proposals. However, in most cases the co... More |
Are the tender documents published online? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and please specify the website: | n/a |
In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | No |
If yes, please specify and provide a government- supported website where the mentioned standards are available or provide an electronic copy of them: | n/a |
In a case comparable to the case study assumptions, who is the responsible party for each of the following requirements? Obtaining the required urban permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Obtaining the required environmental permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Obtaining the required operational permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Obtaining the required land: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Obtaining the required right of way: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Question | PPPs |
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Which of the following options best describes the required qualifications of the bid evaluation committee members? (Please select only one): The membership of the bid evaluation committee is specified and/or its members are required to meet detailed quali | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The bid evaluation committee members require sufficient qualification without specific details. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | The bid evaluation committee members usually have some level of experience that would support the particular bid evaluat... More |
The bid evaluation committee members are not required to have any specific qualifications. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority issue a public procurement notice of the PPP project? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Issuance of the RfP is within the missions of the project team (section 6.0.1.3 of the PPP policy). Furthermore, pursuan... More |
If yes, is the public procurement notice published online? | Yes |
If yes, please specify the website: | www.dbankjm.com or other (Ministries, Agencies and Departments) MDA website. |
Are foreign companies prohibited from participating in the bidding process? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | The GOJ's Privatization Policy at section 4.0.1.1 item7 states that "The advertisement period will depend on the type a... More |
and the time in calendar days: | 30 |
Open tendering: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | The Public Procurement Handbook 2 (section 1.1.3.1 A) provides In a one-stage process, the Procuring Entity prepares Bid... More |
Restricted tendering (with pre-qualification stage): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 6.0.1.4 of the PPP policy indicates: Transaction Stage – is when bidders are actually requested for the project... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | The Public Procurement Handbook 2 (section 1.1.3.1 B) provides for two-stages processes. |
Competitive dialogue: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Direct negotiation with more than one candidate: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Direct negotiation with only one candidate: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Other. Specify: | No |
Available | n/a |
Default | n/a |
Relevant legal/regulatory provision (if any) | n/a |
Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If no, please elaborate: | n/a |
Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | The RfQ always clearly outlines the prequalification criteria. |
If no, please elaborate: | n/a |
Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | answers to requested clarifications are disclosed to all potential bidders. |
If no, please elaborate: | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose the content and the results of the pre-bid conference to all bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | Presentations and questions and answers from the pre-bid conference are shared with potential bidders. |
If no, please elaborate: | n/a |
In a case comparable to the case study assumptions, does the procuring authority require the bidders to prepare and present a financial model with their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If no, please elaborate: | n/a |
Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Evaluation criteria is not set in the tender documents | No |
In the case where only one proposal is submitted (sole proposals), which of the following options best describes the way the procuring authority deals with them? (Please select only one)?: The procuring authority follows a specific procedure before awardi | No |
Please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority does not award a PPP contract if only one proposal is submitted. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework does not include any provisions. | Yes |
Does the procuring authority publish the award notice? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If yes, is the public procurement award notice published online? | Yes |
If yes, please specify the website: | www.dbankjm.com |
Does the procuring authority provide all the bidders with the result of the PPP procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If no, please elaborate: | n/a |
If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Is there a standstill (or pause) period after the contract award and before the signing of the contract in order to allow unsuccessful bidders to challenge the award decision? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and the time in calendar days: | n/a |
Is the standstill period set out in the notice of intention to award? | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework restrict negotiations with the selected bidder between the award and the signature of the PPP contract in order to prevent an unfair disadvantage to the other bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to the PPP Criteria Chart of the PPP Policy, the conditions set in the business case stage must be materially ... More |
Based on your experience, is it always the case that this restriction is respected in practice? | Yes |
If yes, please specify: | In the event that after the approval of the business case there are changes in market conditions or other factors which ... More |
If no, please elaborate: | n/a |
Does the procuring authority publish the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 10.0.1 of the PPP policy, PPP contracts will be published after they become effective. |
If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | No |
Publication of the full PPP contract without including all its annexes and appendixes | Yes |
Publication of a summary of the PPP contract without publishing the full PPP contract | No |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | No |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No |
If yes, is it published online? | No |
If yes, please specify the website: | n/a |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Question | PPPs |
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Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 8.0 of the PPP policy is related to Contract Management. Furthermore, the policy provides indications for monito... More |
If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | Yes |
Relevant legal/regulatory provisions (if any): | The Contract Management Team will manage the PPP Contract after it has reached financial close and will be the responsib... More |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | Yes |
Relevant legal/regulatory provisions (if any): | No regulatory basis |
Elaboration of a PPP implementation manual or an equivalent document | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are required to meet sufficient qualification without specific details. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are not required to meet any specific qualifications. | Yes |
Please elaborate and provide examples: | Contract Management Teams cover a broad spectrum of experience and competence. |
Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 4.0.2.5 c. of the PPP policy provides for the missions of the contract management team, which includes monitorin... More |
If yes, is the PPP contract construction performance information made available to the public? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If yes, is the PPP contract construction performance information made publicly available online? | n/a |
If yes, please specify the website: | n/a |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 4.0.2.5 of the PPP policy provides the main responsibilities of the Contract Management Team, which include: 1) ... More |
If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | No |
Relevant legal/regulatory provisions (if any) | n/a |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | The gathering of information by the procuring entity is implied in the contract management team's missions (section 4.0.... More |
The PPP contract performance information must be available to the public | Yes |
Relevant legal/regulatory provisions (if any) | Section 10.0.1 of the PPP policy: The contract manager will make performance data publicly available, following an agree... More |
Is PPP contract performance information made publicly available online? | No |
If yes, please specify the website: | n/a |
Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate changes in the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
If yes, which of the following circumstances are specifically regulated? (check all that apply): Any change in the private partner during an initial period (e.g. construction and first five years of operation). | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
In other cases, flexibility to change the ownership structure and/or assign the contract. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 8.0.1 of the PPP policy requires a formal and well-structured approach to renegotiation, modeled after the appro... More |
If yes, is an approval from a government authority, other than the procuring authority, required? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 8.0.1 of the PPP policy requires a formal and well-structured approach to renegotiation, modeled after the appro... More |
If yes to question 46, which of the following circumstances are specifically regulated? (check all that apply): A change in the scope and/or object of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the risk allocation of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the financial and/or economic balance of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the duration of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the agreed price or tariff. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Can the procuring authority unilaterally modify a PPP contract? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate the following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 8 of the PPP Policy establishes the contracts shall contain force majeure and termination provisions. |
Material Adverse government action . | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Change in the Law. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Refinancing. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Subcontracting and replacement of the subcontractors. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
If yes, please specify which of the following options are available (check all that apply): Local administrative review body | No |
If yes, please specify: | n/a |
Local courts | Yes |
Domestic arbitration | Yes |
International arbitration | Yes |
Investor-State Dispute Settlement (ISDS) | Yes |
Mediation | Yes |
Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | No regulatory basis |
If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Article 13 of the Arbitration Act 1900 (Arbitration Act) regulates the the enforcement of arbitral awards. |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Jamaica is a mamber of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Jamaica is a member of ICSID Convention |
Does the regulatory framework (including standard contractual clauses) allow for the restructuring of a PPP private partner (SPV) in financial difficulty prior to insolvency? | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for the lenders to take control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under threat of termination for failur | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
If yes, which of the following options best describes the lender step-in right? (Please select only one): The regulatory framework expressly regulates the lender step-in rights. | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that a direct agreement should be signed with the lenders. | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Other. | n/a |
Please Specify: | n/a |
Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 8 of the PPP Policy establishes the contracts shall contain force majeure and termination provisions. |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Question | PPPs |
---|---|
Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No |
Explicitly allowed by the legal framework? | Yes |
Not regulated by the legal framework, but do happen in practice? | No |
Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | No |
If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | Paragraph 9 of the PPP Policy is related to unsolicited proposals. It indicates the benefits and challenges of unsolicit... More |
Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any | Pursuant to section 9.0.2 of the PPP policy, in case of an unsolicited proposal, procuring entity has to determine whet... More |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describe how the procuring authority ensures that unsolicited proposals are consistent with existing government priorities? (Please select only one): The procuring authority follows a specific procedure to ensure the co | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | According to the PPP policy (section 9.0.3), the process to be followed to ensure the project is within the government p... More |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority does not evaluate unsolicited proposals against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 9.0.3 of the PPP policy, a standard competitive bidding is set for projects on the PPP list while ot... More |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP policy, section 9.0.3.3 : In case of a Swiss challenge : d) Challengers are given three [3] months from the date of ... More |
and the time in calendar days: | 90 |
Does the procuring authority use any of the following incentive mechanisms to reward/compensate the presentation of unsolicited proposals? (check all that apply): Access to the best and final offer (BAFO) process and/or automatic shortlisting. | No |
Developer’s fee (reimbursing the original proponent for the project development cost). | No |
Bid Bonus. | No |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | Yes |
Other. | No |
Please specify: | n/a |
Please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 9.0.3 of the PPP policy, a standard competitive bidding is set for projects on the PPP list while ot... More |