Income Group | Lower middle income |
Economy Score |
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Question | PPPs |
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Does the regulatory framework allow procuring PPPs? | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | In 2008, the Zambian government approved a policy framework for the implementation of PPPs covering stakeholder roles, p... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | PPP Act: https://www.zambialii.org/zm/legislation/act/2009/14/ppa2009295.pdf PP Act: https://www.zppa.org.zm/documents/2... More |
Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | No |
Please describe: | n/a |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | Yes |
Please describe: | Review of the Water Supply and Sanitation Act and the development of a water supply and sanitation policy is ongoing |
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): | The PPP procuring authority will vary depending on the nature of the project. Under Section 2 pf the PPP Act, a public a... 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): | Section 4 of the PPP Act provides for its primary implementing organ: the Public-Private Partnership Unit (the "PPP Unit... 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: | According to Section 5 of the PPP Act: The functions of the PPP Unit are to: (a) promote the participation of the privat... 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): | The PPP Unit (which is a department of the Ministry of Finance pursuant to section 4(2) of the PPP Act, is charged with,... More |
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): | Section 38 (3) of the PPP Act provides that: A contracting authority shall not award any project or sign any agreement u... More |
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. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | 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). | n/a |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | n/a |
Please specify: | n/a |
Other. | n/a |
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 ultimate approval of a project proposal lies with the Council pursuant to Section 19(2) of the PPP Act, which is not... More |
and provide the relevant legal/regulatory provisions (if any): | (1) Section 19(2) of the PPP Act provides that: a contracting authority shall, after undertaking a feasibility study and... 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): | Section 38(3) of the PPP Act provides that: A contracting authority shall not award any project or sign any agreement un... 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. | No |
If yes, please elaborate: | n/a |
The procuring authority does not evaluate PPPs against existing government priorities. | Yes |
Please elaborate and provide examples: | According to the vast majority of our contributors in Zambia, the procuring authority does not evaluate PPPs against exi... 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? | n/a |
If yes, please specify: | n/a |
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) | 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, the socio-economic assessment is done in practice when identifying and preparing a PPP in Zambia, and the P... 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) | Section 5(1)(f) of the PPP Act provides that the functions of the PPP Unit include the responsibility to receive and mak... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | The affordability assessment, including the identification of the required long term public commitments (explicit and im... More |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | Sections 5(1)(f)(iii) of the PPP Act provides that: The functions of the Unit are to receive and make an assessment of a... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | The risk identification, allocation and assessment is always done in practice in Zambia when identifying and preparing a... 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) | Sections 5(1)(f) of the PPP Act provides that: The functions of the Unit are to receive and make an assessment of any pr... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | A comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives is... More |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | Section 5 of the PP Law provides that (1) The functions of the Unit are to; … (n) determine financial support and approv... 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 financial viability or bankability assessment is always done in Zambia when evaluating and preparing a ... More |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the 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 |
Environmental impact assessment | 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 |
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: | According to our contributors, the assessments that are included in the tender documents are the financial viability, th... More |
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): | Section 22(5)(c) of the PPP Act provides that the invitation to submit expressions of interest for participation in pre-... 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): | Section 22 of the PPP Act provides that (4) The invitation for submission of expressions of interest shall be published ... More |
and please specify the website: | different websites depending on the procuring authority in charge |
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 43 of the PPP Act provides that: "An agreement shall provide for such matters as the parties consider appropriat... 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) | Section 43 of the PPP Act provides that: "An agreement shall provide for such matters as the parties consider appropriat... 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) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | Section 43 of the PPP Act provides that: "An agreement shall provide for such matters as the parties consider appropriat... More |
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) | According to Section 46 of the PPP Act, (1) A contracting authority or other public authority, under the terms of any re... More |
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) | According to Article 47 of the PPP Act, "A contracting authority or other public authority, under the terms of any law a... 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 | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 10 of the PPP Act prescribes which holders of office should be appointed: It provides that the Public-Private Pa... More |
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. | 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): | Article 26 of the PP Act provides that: (5) Where a procuring authority uses an open international bidding- (a) a bid no... More |
If yes, is the public procurement notice published online? | No |
If yes, please specify the website: | 0 |
Are foreign companies prohibited from participating in the bidding process? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 22(5)(d) of the PPP Act provides that: the manner and place for the submission of applications for pre-selection... More |
and the time in calendar days: | No Data |
Open tendering: Available | No |
Default | Yes |
Relevant legal/regulatory provision (if any) | According to Section 25 of the PP Act, (under Part IV titled Methods of Procurement), (2) except as provided for in this... More |
Restricted tendering (with pre-qualification stage): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | According to Section 29 of the PP Act, the objectives of the limited bidding is to obtain competition and value for mone... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
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? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If no, please elaborate: | There is no explicit requirement under the PPP Act or the PP Act for tender documents to detail the stages of the procur... More |
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): | Sections 22(6)(a) of the PPP Act provides that the pre-selection bidding documents shall include at least the following ... 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): | The prequalification criteria specified in the tender documents are always respected in practice in Zambia |
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): | Section 27(3)(b) of the PPP Act provides that: the contracting authority may convene meetings and hold discussions with... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential 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 disclosure of information is done in practice? | n/a |
If yes, please specify: | n/a |
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): | Section 27 of the PPP Act provides that (3) where a two stage procedure is used, ... (b) the contracting authority may c... More |
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: | Notwithstanding confidential information pertaining to the bidders, the procuring authority in Zambia discloses the cont... 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): | Section 31 provides that the criteria for evaluating technical proposals shall include the following: (a) technical sou... More |
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 28 of the PPP Act provides that: To the extent not required by, or under, the Public Procurement Act, 2008, a re... 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. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority does not award a PPP contract if only one proposal is submitted. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework does not include any provisions. | Yes |
Does the procuring authority publish the award notice? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | According to Section 38 of the PPP Act, the contracting authority shall cause a notice of the contract award to be publ... More |
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? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If no, please elaborate: | There are no provisions in the legal/regulatory framework in Zambia requiring the procuring authority to provide all the... More |
If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | n/a |
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): | Section 34 of the PPP Act provides that a contracting authority shall rank all responsive technical proposals on the bas... More |
Based on your experience, is it always the case that this restriction is respected in practice? | Yes |
If yes, please specify: | In practice, the restrictions on negotiations with the selected bidder between the award of the PPP contract and its sig... More |
If no, please elaborate: | n/a |
Does the procuring authority publish the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Section 38(2) of the PPP Act, a summary of the essential terms of the contract is published |
If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | No |
Publication of the full PPP contract without including all its annexes and appendixes | No |
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 | No |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No |
If yes, is it published online? | No |
If yes, please specify the website: | n/a |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Question | PPPs |
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Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 62 of the PPP Act provides that a contracting authority shall be responsible for ensuring that the agreement is ... 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): | Section 57 of the PP Act provides that (1) A procuring entity shall appoint a contract manager for every contract awarde... More |
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 | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are required to meet sufficient qualification without specific details. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Section 57 of the PP Act, (2) A contract manager shall be selected in accordance with the procedure presc... 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): | According to Section 62 of the PPP Act, "A contracting authority shall be responsible for ensuring that the agreement is... More |
If yes, is the PPP contract construction performance information made available to the public? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If yes, is the PPP contract construction performance information made publicly available online? | n/a |
If yes, please specify the website: | n/a |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 62 of the PPP Act provides that a contracting authority shall be responsible for ensuring that the agreement is ... More |
If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | No |
Relevant legal/regulatory provisions (if any) | n/a |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
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): | Section 51 of the PPP Act provides that: (1) Except as otherwise provided in an agreement, a controlling interest in the... 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. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 50 of the PPP Act, (1) Except as otherwise provided in section forty-nine, the rights and obligatio... More |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 54 of the PPP Act provides that: Without prejudice to section sixty three, an agreement shall set out the extent... More |
If yes, is an approval from a government authority, other than the procuring authority, required? | No |
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. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the risk allocation of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the financial and/or economic balance of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 54 of the PPP Act, (1) Without prejudice to section sixty three, an agreement shall set out the ext... More |
A change in the duration of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 57 of the PPP Act, "The duration of a public private partnership shall be set forth in an agreement... More |
A change in the agreed price or tariff. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 54 of the PPP Act, (1) Without prejudice to section sixty three, an agreement shall set out the ext... 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): | Article 58. of the PPP Act provides that a contracting authority or the Unit may terminate an agreement (a) in the event... 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. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 53 of the PPP Act provides that: An agreement shall set out the extent to which a concessionaire is entitled to ... More |
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): | Section 64 of the PPP Act provides: Any disputes between the Unit or a contracting authority and the concessionaire shal... 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 64 of the PPP Act, "Any disputes between the Unit or a contracting authority and the concessionaire... 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 Article 27 of the Arbitration Act in Zambia, (1) A foreign award shall, subject to the provisions of this P... More |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Foreign arbitral awards are recognized and enforced in Zambia under the Arbitration Act, Section 27 of which provides fo... More |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Zambia is part 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 | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 56(1) of the PPP Act provides that: The Unit may agree with any entity extending financing for a project and a c... 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. | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 56(1) of the PPP Act provides that: The Unit may agree with any entity extending financing for a project and a c... More |
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. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
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): | insolvency, national or public interest, material default, financial unbalance, and failure to agree on a revision of th... 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): | Section 60 of the PPP Act provides that either party has the right to terminate an agreement by mutual consent or if the... 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 42 of the PPP Act regulates the submission of unsolicited proposals. In fact, Section 42(1) provides that a cont... 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 | Section 42 of the PPP Act provides that: (2) A contracting authority shall, within fourteen days after receiving an unso... 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 42 of the PPP Act provides that: (1) A contracting authority may receive, consider, evaluate and accept an unsol... 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. | 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): | Section 42(6) of the PPP Act provides that a contracting authority shall, if an unsolicited proposal complies with subse... More |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 42(8) of the PPP Act provides that: An advertisement, issued under subsection (6), shall specify a reasonable ti... More |
and the time in calendar days: | No Data |
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. | Yes |
Developer’s fee (reimbursing the original proponent for the project development cost). | No |
Bid Bonus. | No |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | Yes |
Other. | No |
Please specify: | n/a |
Please provide the relevant legal/regulatory provisions (if any): | Section 42(12)(b) of the PPP Act provides: After evaluating an unsolicited proposal and any competing proposals, a contr... More |