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: | The regulatory framework in Uganda is mainly regulated by the Public Private Partnership Act, 2015 issued on October 1, ... 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://budget.go.ug/budget/sites/default/files/Public%20Private%20Partnership%20Act%202015.pdf http://ppp.worldbank.org/... 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? | Yes |
Please describe: | The Land Act was amended |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | No |
Please describe: | 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?: 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 authorized government contracting authority, and this includes government departments, ministries, or any other body... 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 Public-Private Partnerships Unit established under the "Ministry responsible for finance" mentioned in Section 10 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. | Yes |
Revision of fiscal risks born by the Government. | Yes |
Consultation with affected communities on potential impact of PPP projects. | No |
Approval of PPP projects. | Yes |
Undertaking the procurement of PPPs. | No |
Oversight of PPP implementation. | Yes |
Other | No |
please specify: | n/a |
Please provide the relevant legal/regulatory provisions: | Section 11 of the PPP Act outlines the functions of the PPP Unit, which includes serving as a secretariat and technical ... 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): | Section 23(4) of the PPP Act addresses the circumstance of the contracting authority, "prior to procuring a private part... More |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
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 13(2) of the PPP Act also precludes an accounting officer from entering into an agreement that in any way binds ... More |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 11(2)(p) of the PPP Act requires the PPP Unit to monitor contingent liabilities, accounting and budgetary issues... More |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 11(2) (g) of the PPP Act requires the PPP Unit to collate, analyze and disseminate information including data on... 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. | No |
Please specify: | 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 |
If yes, please specify the relevant authority | The PPP Committee and the Cabinet with regards to a certain threshold of PPP projects |
and provide the relevant legal/regulatory provisions (if any): | Section 22(5) of the PPP Act provides that a contracting authority shall not procure a private party without the prior w... 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): | According to Section 17(4) and 26(1)a of the PPP Act which provides for the need of Cabinet approval before the PPP agre... 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): | Section 15(3) of the PPP Act provides for appointment of a transaction advisor by a contracting authority where the tech... 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): | Section 2(2) of the PPP Act ensures that PPPs fall under the scope of the National Development Plan. Further, the PPP Po... 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: | Contributors provided that the ongoing Kampala Jinja Expressway Toll Road project has undergone such prioritization as a... 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) | According to Section 21(1) of the PPP Act, "Where a contracting authority identifies a project for implementation as a p... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that PPP project proposals before the Unit have been approved after they have fulfilled the requir... More |
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) | According to Section 22(2) (f) (i) of the PPP Act, the project should demonstrate that it will “be affordable to the con... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that this is in application of regulatory provisions and to ensure a properly prepared PPP project... More |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | According to Section 22(2)(b) of the PPP Act, the feasibility study would be assessed in terms of the projected impact o... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that feasibility study reports are required to have a risk allocation matrix. And that the Kampala... More |
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) | According to Section 22(2)(c)&(d) of the PPP Act, the assessed feasibility study should "assess the need of the contract... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that the assessment has been done for the Kampala- Jinja Expressway |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | According to Section 22(2)(f) of the PPP Act, the assessed feasibility study should "appropiately transfer the financial... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that the assessment has been done for the Kampala- Jinja Expressway |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes |
Relevant legal/regulatory provision (if any) | Paragraph 5.3 of the PPP Policy provides that the use of PPPs should be determined by, amongst other factors, the "willi... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that the assessment has been done for the Kampala- Jinja Expressway |
Environmental impact assessment | Yes |
Relevant legal/regulatory provision (if any) | The National Environmental Act, Cap 153 of 1995 (NEMA (CAP 153) provides in Section 20, "20. Environmental impact statem... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | The National Environmental Act, Cap 153 of 1995 (NEMA (CAP 153) provides in Sections 20 & 21, "20. Environmental impact ... More |
Is the assessment done in practice? | Yes |
Details: | Contributors provided that this assessment is actualy conducted in practice. |
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)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a |
Are the assessments published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | The National Environmental Act, Cap 153 of 1995 (NEMA (CAP 153) provides in Sections 20 & 21, "20. Environmental impact ... More |
specify the website | http://www.nemaug.org/environment_impact_assesment.php |
please specify which of the assessments are published online: | Environmental Impact Statements are published online at : http://www.nemaug.org/environment_impact_assesment.php |
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): | No regulatory basis |
If no, please elaborate | n/a |
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) | Yes |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | Section 33 and 34 of Physical Planning Act, 2010 actually applies to local projects, and further requires the private pa... More |
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) | Yes |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | NEMA (CAP 153) applies and Physical Planning Authority (2010) Act, Section 37 provides, "Where a development application... More |
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) | Yes |
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) | Yes |
Private Partner | No |
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) | While the PPP Act is not explicit in this respect, according to Section 3 of the Land Acquisition Act of 1965 (Chapter 2... More |
Obtaining the required right of way: Procuring authority (or other Government entity) | Yes |
Private Partner | No |
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) | In connection with road projects, according to Section 2 of the Roads Act 1949 (Chapter 358)issued on April 14, 1949, "T... More |
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): | According to PPP Act Section 19(2), "[A]n evaluation committee shall compose of officials with the technical skills requ... 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): | According to Section 31 of the PPP Act, direct invitation to tender or call for expression of interest is made in more t... More |
If yes, is the public procurement notice published online? | Yes |
If yes, please specify the website: | Websites of the procuring authorities, including, http://www.works.go.ug/ |
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 | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 31 of the PPP Act sets the guidelines on the open tendering procedure and provides that it shall be by invitatio... More |
Restricted tendering (with pre-qualification stage): Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Competitive dialogue: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 35 of the PPP Act provides, "a procuring authority shall use the competitive dialogue procedure, by simultaneous... More |
Direct negotiation with more than one candidate: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 32 of the PPP Act provides, "restricted bidding shall be used to obtain bids by direct invitation without open a... More |
Direct negotiation with only one candidate: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 33 of the PPP Act provides that direct procurement is a sole source procurement method where the circumstances d... More |
Other. Specify: | No |
Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | No |
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): | Section 23(2) of the PPP Act provides that the minimum qualifications required of a bidder for a project shall be specif... 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): | Contributors provide that specifying the criteria is always the case, especially bearing in mind, Section 3(d) of the PP... More |
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: | Contributors provided that this is done usually through a letter copied to all interested bidders or an email of all que... More |
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: | Contributors provided that following the pre-bid conference, you receive an email containing the minutes of the conferen... More |
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): | Section 25(1) of the PPP Act provides, "for the purpose of evaluating bids, the evaluation committee shall, using the pr... 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 | 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. | Yes |
Please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
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? | No |
If yes, please specify the website: | n/a |
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? | No |
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? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Based on your experience, is it always the case that this restriction is respected in practice? | n/a |
If yes, please specify: | n/a |
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): | Section 47(3) of the PPP Act requires all PPP agreements to be published on the website of the Ministry. |
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 | Yes |
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? | Yes |
If yes, please specify the website: | Section 47(3) of the PPP Act requires all PPP agreements to be published on the website of the Ministry. Although no par... More |
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): | According to Section 15 of the PPP Act, "the contracting authority that intends to enter a public-private partnership ag... 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): | According to Section 15 of the PPP Act, "the contracting authority that intends to enter a public-private partnership ag... 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): | According to Section 16(d) of the PPP Act, amongst the functions of the established PPP project teams is to "undertake t... More |
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) | Yes |
Relevant legal/regulatory provisions (if any): | Section 11(2)(c ) provides that the functions of the Unit is to provide capacity building to and advise contracting auth... More |
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): | According to section 15(2) of the PPP Act, members shall be officials with the required technical skills appointed from ... More |
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): | Section 16(g) of the PPP Act provides that the PPP project team would, "oversee the management of a project in accordanc... 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): | According to Section 16(e) of the PPP Act, amongst the functions of the established PPP project teams is to "monitor the... 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 | Yes |
Relevant legal/regulatory provisions (if any) | According to Section 28(2) of the PPP Act, the private party shall "prepare financial statements and an annual report wi... More |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | According to Section 16(1)(h), the PPP project team would "submit to the Unit, annual or such other reports on the proje... 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): | After defining the private party as a special purpose company, Section 20(2) of the PPP Act provides, " Any transfer of ... More |
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 |
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. | No |
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. | 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 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): | According to Section 26(8) of the PPP Act, "the [PPP] agreement shall only be amended or varied with the approval of the... 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): | According to Section 26(8) of the PPP Act, "the [PPP] agreement shall only be amended or varied with the approval of the... 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. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 26(9)(c), any amendment to the PPP agreement should preserve "the continued transfer of appropriate... More |
A change in the financial and/or economic balance of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 26(9)(a) & (b) of the PPP Act requires that the project continues to provide value for money and the project co... More |
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): | Section 26(9)(a) & (b) of the PPP Act requires that the project continues to provide value for money and the project co... More |
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): | According to Section 26(5)(f) of the PPP Act, the PPP agreement must address "the allocation of risk between the contrac... More |
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. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 26(5)(l) of the PPP Act, the PPP agreement must address "where necessary, the method of allocating ... More |
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): | Section 26 (5) (r), the agreement should contain the procedure for resolving disputes between the contracting authority ... 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) | According to Section 49 of the PPP Act, "1. Any dispute between a contracting authority and the private party shall be ... 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): | According to Section 49 of the PPP Act on dispute settlements in PPP agreements and in reference to the Arbitration and ... More |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | According to Section 49 of the PPP Act on dispute settlements in PPP agreements and in reference to the Arbitration and ... More |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | According to Section 49 of the PPP Act on dispute settlements in PPP agreements and in reference to the Arbitration and ... More |
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 | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 26(5) (n) of the PPP Act provides that the PPP agreement shall contain clauses relating to the substitution of ... More |
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. | No |
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. | No |
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. | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 26(5)(z) of the PPP Act, the PPP agreement must address "direct agreements and step in rights where... More |
Other. | No |
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): | The specific grounds for the termination of the PPP contract were not mentioned in the PPP Act, however, Section 26(5)(z... More |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 26(5)(z) of the PPP Act, the PPP agreement must address "the grounds for termination of the agreeme... More |
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 | Section 34(1) of the PPP Act provides, "A contracting authority may accept an unsolicited proposal." |
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 | According to Section 34(5) of the PPP Act, the contracting authority shall evaluate unsolicited proposals in terms of "t... 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): | Section 34(4) of the PPP Act provides for satisfaction of the objectives of the National Development Plan and a feasibil... 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): | Section 34(4)(a) of the PPP Act provides that an unsolicited proposal shall only be considered by contracting authority ... 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): | According to Section 34(6) of the PPP Act, "where the contracting authority accepts an unsolicited proposal, the proposa... More |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | No |
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. | Yes |
Please specify: | The tender documents prepared shall indicate the method to be used to compensate for the propriety interests the propone... More |
Please provide the relevant legal/regulatory provisions (if any): | According to Section 34(7) of the PPP Act, "the tender documents prepared shall indicate the method to be used to compen... More |