Income Group | Low 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: | PPPs in Rwanda are regulated by Law Nº 14/2016 of 02/05/2016 governing public private partnerships (hereinafter the PPP ... 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.minijust.gov.rw/fileadmin/Laws_and_Regulations/Leta__n_Abikorera.pdf |
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? | Yes |
Please describe: | Law Nº 14/2016 of 02/05/2016 governing public private partnerships |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | Yes |
Please describe: | Guidelines for PPP competitive Procurement Procedure |
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 | Yes |
If yes, specify and provide the relevant legal/regulatory provisions: | No sector in particular is excluded, however the PPP Law indicates a list of sectors and any other would have to be prov... More |
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): | Article 2 of the PPP Law defines a Contracting Authority as "a public institution in charge of PPP agreement" with no fu... 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): | Article 6 of the PPP Law indicates: Public institutions playing role in PPP are the following: 1° Steering Committee; 2°... 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. | No |
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. | No |
Other | Yes |
please specify: | RDB acts as a lead negotiator for Government in relation to PPP legal agreements. |
Please provide the relevant legal/regulatory provisions: | Pursuant to Article 10, Rwanda Development Board plays the following role: 1º to issue general guidelines applicable to ... 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. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | 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). | No |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | No |
Please specify: | n/a |
Other. | Yes |
Please specify: | National accountability system. |
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 | The steering Committee in a PPP Project has to approve the PPP Project specifically the feasibility study and hence auth... More |
and provide the relevant legal/regulatory provisions (if any): | Article 14 of the PPP Law |
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 steering Committee in a PPP Project has to approve the preferred bidder for a PPP project (Article 8 of the PPP Law)... 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): | No regulatory basis |
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 |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | 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. | 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. | Yes |
If yes, please elaborate: | In practice the Rwanda Development Board cater for that. Indeed the RDB promotes and coordinates at the national level d... More |
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: | Prioritization is done based on the budget of that financial year and Government prioritization of PPPs under that budge... 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) | Pursuant to article 13 of the PPP Act: prior to a tender notice, the Contracting Authority must conduct a feasibility st... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Socio-economic impacts are in practice included in the prefeasibility analysis. |
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 article 13 of the PPP Act: Prior to a tender notice, the Contracting Authority must conduct a feasibility st... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | In practice, the affordability is assessed before launching a PPP project. |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Risks are in practice assessed and allocated. |
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) | No regulatory basis |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | In practice, procuring authorities compare different procurement options. |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 13 of the PPP Act: Prior to a tender notice, the Contracting Authority must conduct a feasibility st... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | No |
Details: | n/a |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 13 of the PPP Act: Prior to a tender notice, the Contracting Authority must conduct a feasibility st... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | No |
Details: | n/a |
Environmental impact assessment | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to article 13 of the PPP Act: Prior to a tender notice, the Contracting Authority must conduct a feasibility st... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Pursuant to Organic Law 2005 – article 67: every project shall be subjected to environmental impact assessment, before o... More |
Is the assessment done in practice? | No |
Details: | n/a |
Consultation process with affected communities on potential impact of the PPP project | No |
Relevant legal/regulatory provision (if any) | n/a |
Is there a specific methodology for the assessment? | n/a |
If yes, please elaborate | n/a |
Is the assessment done in practice? | n/a |
Details: | 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 |
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? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to article 19 of the PPP Law, The Contracting Authority releases the bidding documents to the shortlisted bidde... More |
If no, please elaborate | n/a |
Are the tender documents published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
and please specify the website: | www.rppa.gov.rw http://rdb.rw/home.html |
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 | Yes |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
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. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The bid evaluation committee members are not required to have any specific qualifications. | Yes |
Please elaborate and provide examples: | The bid evaluation committee is usually composed of representatives from the Government authorities that oversee the rel... More |
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): | Pursuant to article 16 of the PPP Law, The Contracting Authority requests for expressions of interest in connection with... More |
If yes, is the public procurement notice published online? | Yes |
If yes, please specify the website: | www.rdb.rw |
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? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and the time in calendar days: | n/a |
Open tendering: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Restricted tendering (with pre-qualification stage): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Article 16 and 18 of the PPP Law mentions a request for proposals and shortlisting of bidders before inviting candidates... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Article 20 of the PPP Law indicates: Where the Contracting Authority elects to use a two-stage competitive procurement p... More |
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): | Pursuant to article 16 of the PPP Law, The advertisement requesting for expressions of interest in connection with a PPP... More |
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): | Pursuant to Article 16 of the PPP Law, The advertisement requesting for expressions of interest in connection with a PPP... More |
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): | Specified criteria indicated in the request for proposals are in practice followed. |
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: | In practice, clarifications would be disclosed if it is in the interest of other bidders |
If no, please elaborate: | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | 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 |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Based on your experience, is it always the case that this disclosure of information is done in practice? | n/a |
If yes, please specify: | n/a |
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): | Pursuant to Article 21 of the PPP Law, The Contracting Authority reviews and evaluates each of the bids submitted by the... More |
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 | Yes |
Please specify and provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 21 of the PPP Law, Where a competitive procurement procedure results in the submission of only one b... More |
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. | No |
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.rdb.rw |
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): | Pursuant to Article 22 of the PPP Law, A written complaint is sent to the Steering Committee within seven (7) days after... More |
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): | No regulatory basis |
Based on your experience, is it always the case that this restriction is respected in practice? | Yes |
If yes, please specify: | Contributors confirm |
If no, please elaborate: | n/a |
Does the procuring authority publish the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | 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 | n/a |
Publication of the full PPP contract without including all its annexes and appendixes | n/a |
Publication of a summary of the PPP contract without publishing the full PPP contract | n/a |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | n/a |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | n/a |
If yes, is it published online? | n/a |
If yes, please specify the website: | n/a |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | n/a |
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): | Article 49 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negotiating, reque... 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): | No regulatory basis |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | No |
Relevant legal/regulatory provisions (if any): | n/a |
Elaboration of a PPP implementation manual or an equivalent document | Yes |
Relevant legal/regulatory provisions (if any): | Article 9 of the PPP Law indicates: The responsibilities of Contracting Authority are the following: 6º prepare a plan f... More |
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. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
The PPP contract management team members are not required to meet any specific qualifications. | No |
Please elaborate and provide examples: | 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 |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 50 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negotiating, reque... 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): | Article 50 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negotiating, reque... 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 |
Relevant legal/regulatory provisions (if any) | Article 50 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negotiating, reque... More |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | No regulatory basis |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | Yes |
Relevant legal/regulatory provisions (if any) | No regulatory basis |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Article 50 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negotiating, reque... More |
The PPP contract performance information must be available to the public | No |
Relevant legal/regulatory provisions (if any) | n/a |
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? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
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). | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
In other cases, flexibility to change the ownership structure and/or assign the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
If yes, is an approval from a government authority, other than the procuring authority, required? | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | 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. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the risk allocation of the contract. | n/a |
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. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the duration of the contract. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the agreed price or tariff. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Can the procuring authority unilaterally modify a PPP 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 following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
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): | Pursuant to article 11 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negoti... More |
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) | Pursuant to article 11 of ministerial instructions no 612/08.11 of 16/04/2014 setting up modalities for drafting, negoti... More |
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 50 of the Law N 005/2008 of 14/02/2008 on arbitration and conciliation in commercial matter: An arbitral award,... More |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Article 50 of the Law N 005/2008 of 14/02/2008 on arbitration and conciliation in commercial matter: An arbitral award,... More |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Rwanda is a member of the 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): | Pursuant to Article 12 of the PPP Law, The PPP agreement must comprise the following: 10º modalities for termination of ... More |
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 | Chapter V of the PPP Law is related to PPP procurement procedure for unsolicited proposal. According to article 25, The... 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 | Article 27 of the PPP Law: In case of an unsolicited proposal for a PPP project, the partner, on its own initiative or u... More |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 27 of the PPP Law: In case of an unsolicited proposal for a PPP project, the partner, on its own initiative or u... More |
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 |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Under article 25 of the PPPs Act unsolicited proposals are accepted only if there is an urgent need to ensure continuity... More |
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? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and the time in calendar days: | 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 |
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). | No |
Other. | No |
Please specify: | n/a |
Please provide the relevant legal/regulatory provisions (if any): | n/a |