Income Group | Low income |
Income Group | Low income |
PPP | Concession | |
Preparation of PPPs | 60 | 15 |
Procurement of PPPs | 43 | 49 |
PPP Contract Management | 52 | 14 |
Unsolicited Proposals | 54 | Not regulated and do not happen in practice |
Economy Score |
---|
Question | PPPs | Concession |
---|---|---|
Does the regulatory framework allow procuring PPPs? | Yes | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | 2 types of contracts meet the study's definition of PPPs: public-private partnership contracts and public service delega... More | 2 types of contracts meet the study’s definition of PPPs: public-private partnership contracts and public service delega... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | Legal framework not available online. | http://www.armp-niger.org/reglementation/lois/ |
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 | Yes |
Please describe: | n/a | Decree no 2016/641/PRN/PM of December 1st 2016, Code of public procurement and delegations of public service. |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | No | Yes |
Please describe: | n/a | Regulations were adopted on July 24th, 217 related to the public procurement and public service delegations (Regulation ... 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 | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a | 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 | No |
If yes, specify and provide the relevant legal/regulatory provisions: | n/a | n/a |
Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | Yes | No |
If yes, please specify and provide the relevant legal/regulatory provision (if any): | Law n 2014-02 of March 31st, 2014 setting the financial, accounting and applicable tax regime in agreements of private p... More | n/a |
Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | Pursuant to article 2 of the PPP Ordinance, procuring authorities are the State, regional authorities or their groups, d... More | Pursuant to article 2 of the 2016 Code, the procuring authorities are the following: the State; regional collectivities;... More |
In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | Yes | Yes |
If yes, please indicate its name, and its website (if available): | PPP Ordinance makes provision for a Cell of support to PPPs, detailed by decree 2011-560/PRN/PM which indicates the Cell... More | The authority for regulating public procurement contracts and public service delegations: audits public procurement cont... More |
If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | Yes | Yes |
PPP capacity building for other public authorities. | Yes | Yes |
PPP promotion among the public and/or private sectors in national and international forums. | Yes | No |
Technical support in implementing PPP projects. | Yes | Yes |
Identification and selection of PPP projects from the pipeline. | No | No |
Revision of fiscal risks born by the Government. | No | No |
Consultation with affected communities on potential impact of PPP projects. | No | No |
Approval of PPP projects. | Yes | No |
Undertaking the procurement of PPPs. | No | No |
Oversight of PPP implementation. | Yes | Yes |
Other | No | No |
please specify: | n/a | n/a |
Please provide the relevant legal/regulatory provisions: | Decree no 2011/560/PRN/PM of November 9th, 2011 provides for the PPP Cell mission in its article 3. | The authority of regulation of public procurement contracts and public service delegations: audits public procurement co... More |
Question | PPPs | Concession |
---|---|---|
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 5 of the PPP Decree, the ministry of finance gives its opinion on the budgetary sustainability of th... More | n/a |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | No | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | The administrative entity in charge of controlling public procurement shall control the conformity of any contract befor... More |
Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
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). | n/a | n/a |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | n/a | n/a |
Please specify: | n/a | n/a |
Other. | n/a | n/a |
Please specify: | n/a | n/a |
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 | No |
If yes, please specify the relevant authority | Expert body of the PPP Cell | n/a |
and provide the relevant legal/regulatory provisions (if any): | Pursuant to article 8 of the PPP Decree, the evaluation report [prepared by the PPP Cell based on the feasibility study]... More | n/a |
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 | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 24 of the PPP decree, the contract shall be signed after the notice of non-objection expressed by th... More | n/a |
Does the procuring authority use transaction advisors during the PPP project cycle? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 15 of the PPP decree, The PPP Cell is in charge of advising procuring entities and can recourse to t... More | n/a |
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 | No | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
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. | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | A partnership contract can only be entered into in case of complexity or urgency. Urgency involved a motive of general i... More | 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 | No |
If yes, please elaborate: | n/a | n/a |
The procuring authority does not evaluate PPPs against existing government priorities. | No | Yes |
Please elaborate and provide examples: | n/a | The regulatory framework does not include any requirement towards the integration of PPPs within a broader public invest... More |
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 | No |
If yes, please specify: | PPPs are in practice prioritized within other public investment projects through the feasibility study and evaluation ma... More | n/a |
If no, please elaborate: | n/a | The regulatory framework does not include any requirement towards the integration of PPPs within a broader public invest... More |
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 | No |
Relevant legal/regulatory provision (if any) | Pursuant to article 4 of the PPP Decree, a partnership contract cannot be entered into if the evaluation does not prove ... More | n/a |
Is there a specific methodology for the assessment? | Yes | n/a |
If yes, please elaborate | The study is detailed by the guidelines issued by the PPP Cell (Canevas etude de faisabilite de projet). In particular, ... More | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Socio-economic impacts are studied as per the PPP Cell guidelines. | n/a |
Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | Yes | No |
Relevant legal/regulatory provision (if any) | Pursuant to article 4 of the PPP Decree, a partnership contract cannot be entered into if the evaluation does not prove ... More | n/a |
Is there a specific methodology for the assessment? | No | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Budgetary sustainability is assessed for each PPP project. | n/a |
Risk identification, allocation and assessment (risk matrix) | Yes | No |
Relevant legal/regulatory provision (if any) | Section H of the Guidelines requires to : (i) identify risks during the conception, construction, operation and other ph... More |
n/a |
Is there a specific methodology for the assessment? | No | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Risks are identified, evaluated and allocated within the feasibility study. | n/a |
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 | No |
Relevant legal/regulatory provision (if any) | The PPP Cell validates the option of using the PPP form for a project based on the procuring authority's feasibility stu... More | n/a |
Is there a specific methodology for the assessment? | Yes | n/a |
If yes, please elaborate | Section C of the guidelines refer to the juridical structure. It lists the possible structures: public procurement contr... More | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | PPP option is compared to other contractual possibilities within the feasibility study. | n/a |
Financial viability or bankability assessment | Yes | No |
Relevant legal/regulatory provision (if any) | Pursuant to article 4 of the PPP Decree, a partnership contract cannot be entered into if the evaluation does not prove ... More | n/a |
Is there a specific methodology for the assessment? | Yes | n/a |
If yes, please elaborate | Section D requires a market analysis, which includes an analysis of the offer and demand, opportunities and threats to t... More | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Financial viability of PPP projects is assessed. | n/a |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes | No |
Relevant legal/regulatory provision (if any) | Pursuant to article 4 of the PPP Decree, a partnership contract cannot be entered into if the evaluation does not prove ... More | n/a |
Is there a specific methodology for the assessment? | No | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Market's appetite for the project is assessed within the feasibility study. | n/a |
Environmental impact assessment | Yes | Yes |
Relevant legal/regulatory provision (if any) | Section E (3) of the guidelines refers to analyzing the environmental impacts and requires to precise the measures to pr... More | Section 2 of title 3 of the Law no 1990-56 related to environment refers to impact studies on the environment. Article 3... More |
Is there a specific methodology for the assessment? | No | No |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | Yes |
Details: | Environmental impacts are analyzed. | Environmental impacts are analyzed. |
Consultation process with affected communities on potential impact of the PPP project | Yes | No |
Relevant legal/regulatory provision (if any) | No regulatory basis | n/a |
Is there a specific methodology for the assessment? | No | n/a |
If yes, please elaborate | n/a | n/a |
Is the assessment done in practice? | Yes | n/a |
Details: | Contributors provide potentially affected population are consulted. | n/a |
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 | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a | n/a |
Are the assessments published online? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
specify the website | n/a | n/a |
please specify which of the assessments are published online: | n/a | n/a |
Does the procuring authority include a draft PPP contract in the request for proposals? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
If no, please elaborate | Clauses of the contract are negotiated with the preferred bidder after the contract's award. | n/a |
Are the tender documents published online? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
and please specify the website: | n/a | n/a |
In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | No | Yes |
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 | Standardized tender documents for public service delegations have been released and are accessible at: http://www.armp-n... More |
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 | No |
Private Partner | Yes | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 25 of the PPP Ordinance, entrusting a partner with a delegation does not exempts the partner of obta... More | No regulatory basis |
Obtaining the required environmental permits: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 25 of the PPP Ordinance, entrusting a partner with a delegation does not exempts the partner of obta... More | No regulatory basis |
Obtaining the required operational permits: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 25 of the PPP Ordinance, entrusting a partner with a delegation does not exempts the partner of obta... More | No regulatory basis |
Obtaining the required land: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 25 of the PPP Ordinance, entrusting a partner with a delegation does not exempt the partner of obtai... More | No regulatory basis |
Obtaining the required right of way: Procuring authority (or other Government entity) | No | No |
Private Partner | No | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes | No |
To be established in the contract | No | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 25 of the PPP Ordinance, entrusting a partner with a delegation does not exempt the partner of obtai... More | No regulatory basis |
Question | PPPs | Concession |
---|---|---|
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 | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | Pursuant to article 8 of Regulation 0145/CAB/PM/ARMP of June 29th 2012, the bidding Committee is made of: a representati... More |
The bid evaluation committee members require sufficient qualification without specific details. | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 15 of the PPP Decree, the Special Commission for bid opining of PPPs is composed of experts of the P... More | n/a |
The bid evaluation committee members are not required to have any specific qualifications. | No | No |
Please elaborate and provide examples: | n/a | n/a |
Does the procuring authority issue a public procurement notice of the PPP project? | Yes | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Pursuant to article 9 of the PPP Decree, procurement of a PPP contract is submitted to a mandatory competition and publi... More | Pursuant to article 21 of the 2016 Code, the tender can be national, of the community or international, depending on not... More |
If yes, is the public procurement notice published online? | No | No |
If yes, please specify the website: | n/a | n/a |
Are foreign companies prohibited from participating in the bidding process? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 11 of the PPP Decree, the tender documents indicate the period of time granted to the bidders to sub... More | n/a |
and the time in calendar days: | n/a | n/a |
Open tendering: Available | Yes | No |
Default | No | No |
Relevant legal/regulatory provision (if any) | Pursuant to article 10 of the PPP Decree, procurement is made through open tendering or restricted tendering when a call... More | n/a |
Restricted tendering (with pre-qualification stage): Available | Yes | No |
Default | No | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 10 of the PPP Decree, procurement is made through open tendering or restricted tendering when a call... More | According to article 55 of the 2016 Code, procurement of a public service delegation is always preceded of prequalificat... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | No | Yes |
Default | No | No |
Relevant legal/regulatory provision (if any) | n/a | The standard tender documents for public service delegations mention a two-stage procedure (clause 26.1). |
Competitive dialogue: Available | No | No |
Default | No | No |
Relevant legal/regulatory provision (if any) | n/a | n/a |
Direct negotiation with more than one candidate: Available | No | No |
Default | No | No |
Relevant legal/regulatory provision (if any) | n/a | n/a |
Direct negotiation with only one candidate: Available | Yes | No |
Default | No | No |
Relevant legal/regulatory provision (if any) | Article 12 of the PPP Decree indicates a contract can be procured through direct negotiation in the following cases: urg... More | n/a |
Other. Specify: | No | No |
Available | n/a | n/a |
Default | n/a | n/a |
Relevant legal/regulatory provision (if any) | n/a | n/a |
Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | The standard tender documents for public service delegations require to include instructions to candidates and data part... More |
If no, please elaborate: | n/a | n/a |
Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | The 2016 Code requires to include in the call for prequalification a detailed description of the conditions to be filled... More |
Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Prequalification criteria provided to the bidders are in practice applied by the procuring authority. | Article 42 of the 2016 Code indicates the procuring authority, with the bidding committee, analyses the documents and se... More |
If no, please elaborate: | n/a | n/a |
Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | Clause 7 of the standard tender documents refers to clarifications to the tender documents. In particular, the procuring... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | Clause 7 of the standard tender documents refers to clarifications to the tender documents. In particular, the procuring... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes | Yes |
If yes, please specify: | When clarifications are requested, the answers are provided to all bidders as per the principle of transparency and equa... More | When clarifications are requested, the answers are provided to all bidders as per the principle of transparency and equa... More |
If no, please elaborate: | n/a | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | No | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
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? | n/a | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Based on your experience, is it always the case that this disclosure of information is done in practice? | n/a | n/a |
If yes, please specify: | n/a | n/a |
If no, please elaborate: | n/a | 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? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
If no, please elaborate: | The regulatory framework requires a financial offer to be presented by bidders along their proposal, but not a financial... More | n/a |
Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | Pursuant to article 91 of the 2016 Code, the bidding commission realizes a technical and financial analysis and a rankin... More |
Evaluation criteria is not set in the tender documents | No | 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 | No |
Please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | No | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The procuring authority does not award a PPP contract if only one proposal is submitted. | No | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The regulatory framework does not include any provisions. | Yes | Yes |
Does the procuring authority publish the award notice? | Yes | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Pursuant to article 23 of the PPP Decree, the procuring authority published the winner's name when receiving the prequal... More | Article 164 of the 2016 Code requires an award notice to be published. |
If yes, is the public procurement award notice published online? | No | No |
If yes, please specify the website: | n/a | n/a |
Does the procuring authority provide all the bidders with the result of the PPP procurement process? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 23 of the PPP Decree, the procuring authority notifies within 10 days the unsuccessful bidders. | Pursuant to Article 97 of the 2016 Code, the award is notified to unsuccessful candidates with motives for rejection, va... More |
If no, please elaborate: | n/a | 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 | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | Pursuant to Article 97 of the 2016 Code, the award is notified to unsuccessful candidates with motives of rejection, val... More |
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 | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | Pursuant to article 97 of the 2016 Code, the contract can be signed 5 days after the notification to unsuccessful bidder... More |
and the time in calendar days: | n/a | 5 |
Is the standstill period set out in the notice of intention to award? | n/a | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 24 of the PPP Decree, after the results' notification, the PPP Cell sets the start of discussions of... More | n/a |
Based on your experience, is it always the case that this restriction is respected in practice? | Yes | n/a |
If yes, please specify: | Negotiations are organized by the PPP Cell. | n/a |
If no, please elaborate: | n/a | n/a |
Does the procuring authority publish the PPP contract? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 11 of the PPP Ordinance, an extract of the partnership contract is published in the Official Journal... More | n/a |
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 | n/a |
Publication of the full PPP contract without including all its annexes and appendixes | No | n/a |
Publication of a summary of the PPP contract without publishing the full PPP contract | Yes | n/a |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | No | n/a |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No | n/a |
If yes, is it published online? | No | n/a |
If yes, please specify the website: | n/a | n/a |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | No | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
Question | PPPs | Concession |
---|---|---|
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 | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Contract shall include modalities of control by the public authority (article 10 of the PPP Ordinance). Article 16 detai... More | n/a |
If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | Yes | n/a |
Relevant legal/regulatory provisions (if any): | Pursuant to article 17 of the PPP Decree, the contract shall include monitoring structures. Article 26 furthermore requi... More | n/a |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | No | n/a |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Elaboration of a PPP implementation manual or an equivalent document | No | n/a |
Relevant legal/regulatory provisions (if any): | n/a | n/a |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | Yes | n/a |
Relevant legal/regulatory provisions (if any): | Pursuant to article 27 of the PPP Decree, the partner shall justify, to the procuring authority and any controlling aut... More | 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 | n/a |
Relevant legal/regulatory provisions (if any): | n/a | 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 | n/a |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The PPP contract management team members are required to meet sufficient qualification without specific details. | No | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The PPP contract management team members are not required to meet any specific qualifications. | Yes | n/a |
Please elaborate and provide examples: | Regulatory framework does not indicate any requirement pertaining to the managing team's qualification. | n/a |
Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 26 of the PPP Decree requires to designate a team of construction management. The Decree includes furthermore sp... More | n/a |
If yes, is the PPP contract construction performance information made available to the public? | No | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
If yes, is the PPP contract construction performance information made publicly available online? | n/a | n/a |
If yes, please specify the website: | n/a | n/a |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 16 of the PPP Ordinance indicates the rights of procuring authorities pertaining monitoring and control of imple... More | The Authority of regulation of public procurement, which has some missions related to monitoring: order independent tech... 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 | Yes | No |
Relevant legal/regulatory provisions (if any) | Pursuant to article 10 of the PPP Ordinance, the contract shall include performance objectives, and sanctions and penalt... More | n/a |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | No | No |
Relevant legal/regulatory provisions (if any) | n/a | n/a |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | Yes | No |
Relevant legal/regulatory provisions (if any) | Articles 16 and 17 of the PPP Ordinance requires information to be provided by the private partner to the procuring auth... More | n/a |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes | No |
Relevant legal/regulatory provisions (if any) | Article 16 of the PPP Ordinance relates to the means of controlling available to the procuring authority. Those include ... More | n/a |
The PPP contract performance information must be available to the public | No | No |
Relevant legal/regulatory provisions (if any) | n/a | n/a |
Is PPP contract performance information made publicly available online? | n/a | n/a |
If yes, please specify the website: | n/a | n/a |
Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | 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? | Yes | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 32 of the PPP Ordinance, the contract can only be transferred, in parts or totally, with a written a... More | 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). | No | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | Yes | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 32 of the PPP Ordinance, the new partner shall take charge of all obligations of the initial partner... More | n/a |
In other cases, flexibility to change the ownership structure and/or assign the contract. | No | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | There is no specific procedure for modifications, only different provisions for specific changes. Article 26 of the PPP ... More | n/a |
If yes, is an approval from a government authority, other than the procuring authority, required? | No | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
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 | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
A change in the risk allocation of the contract. | No | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
A change in the financial and/or economic balance of the contract. | No | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
A change in the duration of the contract. | Yes | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 11 of the PPP Ordinance indicates conditions to change the contract's duration. | n/a |
A change in the agreed price or tariff. | Yes | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 26 of the PPP Ordinance, the contract shall include conditions of modification of the tariffs. | n/a |
Can the procuring authority unilaterally modify a PPP contract? | Yes | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 10 of the PPP Ordinance, the contract shall include conditions within which the procuring authority ... More | 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 | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Material Adverse government action . | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Change in the Law. | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Refinancing. | No | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Subcontracting and replacement of the subcontractors. | Yes | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 21 of the PPP Ordinance, the contract can authorize subcontracting, in which case the partner remain... More | 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 | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 30 of the PPP Ordinance, the contract can make provision for arbitration, according to the national ... More | No regulatory basis |
If yes, please specify which of the following options are available (check all that apply): Local administrative review body | No | No |
If yes, please specify: | n/a | n/a |
Local courts | Yes | Yes |
Domestic arbitration | Yes | Yes |
International arbitration | Yes | Yes |
Investor-State Dispute Settlement (ISDS) | Yes | Yes |
Mediation | Yes | Yes |
Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | Pursuant to article 30 of the PPP Ordinance, the contract can make provision for arbitration, according to the national ... More | No regulatory basis |
If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Article 30 of the OHADA Uniform Act on Arbitration dated March 11, 1999: The arbitration judgment is subject to forced e... More | Article 30 of the OHADA Uniform Act on Arbitration dated March 11, 1999: The arbitration judgment is subject to forced e... More |
International arbitration | Yes | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Article 30 of the OHADA Uniform Act on Arbitration dated March 11, 1999: The arbitration judgment is subject to forced e... More | Article 30 of the OHADA Uniform Act on Arbitration dated March 11, 1999: The arbitration judgment is subject to forced e... More |
Investor-State arbitration | Yes | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | The ICSID convention entered into force on Dec 14, 1966 in Niger | The ICSID convention entered into force on Dec 14, 1966 in Niger |
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 | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | 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 | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | 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 | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
The regulatory framework prescribes that a direct agreement should be signed with the lenders. | n/a | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | n/a | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a | n/a |
Other. | n/a | n/a |
Please Specify: | n/a | n/a |
Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to article 31 of the PPP Decree, contract can be terminated by the judge on request of the procuring authority,... More | n/a |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes | n/a |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Contract shall include consequences of termination, early or not (Article 10 of the PPP Ordinance). Article 31 of the PP... More | n/a |
Question | PPPs | Concession |
---|---|---|
Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No | No |
Explicitly allowed by the legal framework? | Yes | No |
Not regulated by the legal framework, but do happen in practice? | No | No |
Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | No | Yes |
If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | Article 12 of the PPP Decree indicates that any operator having useful technics or technology for the production or oper... More | The regulatory framework does not regulate unsolicited proposals for public service delegations in Niger, and contributo... More |
Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | Yes | n/a |
If yes, please specify and provide the relevant legal/regulatory provisions (if any | Pursuant to article 12 of the PPP Decree, the PPP Cell shall examine the offer. Moreover, the offer shall include a stud... More | n/a |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | No | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a | 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 | No | n/a |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a | n/a |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | Yes | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis | n/a |
The procuring authority does not evaluate unsolicited proposals against existing government priorities. | No | n/a |
Please elaborate and provide examples: | n/a | n/a |
Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 12 of the PPP Decree, if the Administration decides to launch a procurement process, it can use the ... More | n/a |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 11 of the PPP Decree, the tender documents indicate the period of time granted to the bidders to sub... More | n/a |
and the time in calendar days: | n/a | n/a |
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 | n/a |
Developer’s fee (reimbursing the original proponent for the project development cost). | No | n/a |
Bid Bonus. | No | n/a |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | No | n/a |
Other. | No | n/a |
Please specify: | n/a | n/a |
Please provide the relevant legal/regulatory provisions (if any): | n/a | n/a |