Developing a partnership framework

Once the municipality (with key stakeholders) has agreed a broad strategy for services and has decided on the partnership approach to the delivery of a specific service (such as water, sanitation or solid waste), a process of developing a partnership framework should be undertaken. This book has proposed key elements determining the nature of a sustainable partnership framework focused on the poor: potential actors, content, scope, fundamental principles, linkages to poverty reduction and urban governance, and the importance of capacity building. Yet putting all the pieces in place is not necessarily straightforward.

The first stage of developing the partnership is preparatory. This requires a municipality to plan its way through the process, and will determine the overall spirit of the partnership development process. In the first instance, it is necessary to establish a dedicated management team or task force (see the discussion on municipal structures later in this chapter), to agree the timeframe and methodology of developing the partnership. Most importantly, the municipality must decide how it will approach consultation and participation with potential partners and public stakeholders. It is also necessary to identify what support will be needed for this process. The strategy for collaboration should then be carried forwards in the following steps. For the more ambitious PPPs with the international private sector, this will involve appointing transaction advisors and formulating the way they will be managed.

A second key stage - and the most time-consuming - in the preparation of a partnership (especially one involving the formal private sector) is the collection of information. Information creates a more predictable and secure environment in which PPPs can develop, and reduces the risk of them being called off when unknown factors come to light. However, the level of detail that a municipality aims to achieve will vary. Some arrangements are prepared in great detail, often produced with the support of external agencies; but smaller municipalities may not have the resources needed to engage the recommended consultants. Sometimes it is inevitable that they proceed with less information. It is nonetheless essential that a strategy should define who will be responsible for collecting this information and when. Various guidelines recommend that the feasibility process should be conducted in two stages: an initial analysis that creates a stepping stone and provides enough information to establish the feasibility and structural parameters of a partnership; and a more detailed, focused stage of problem analysis that leads to detailed solutions in the procurement process.

In consultation with a broad range of stakeholders (and utilising a range of participatory tools and techniques), the key elements of the partnership should be defined, discussed and agreed. As discussed in Part 2, this will include:

•  clarifying realistic objectives;

•  defining the basic principles of the partnership;

•  establishing the programme of change;

•  defining the scope and functions of the arrangement;

•  identifying the key partners, their roles and relationships;

•  defining the levels of service, and how the poor will be targeted;

•  identifying the potential financing mechanisms;

•  establishing the legal and regulatory framework; and

•  identifying the major risks.

This outline framework will then have to be detailed to varying degrees, dependent on the nature of the arrangement envisaged. For complex investment-linked partnerships, this stage will involve detailed analytical studies and proposals carried out by skilled experts. Ideally, in such a contract the municipality will have enough financial backing to make sound preparations.4

Detailed schedules of the analytical stages in the preparation of PPPs for water and sanitation and solid waste management have been produced in toolkits produced by the World Bank and others.5 They are very helpful sources of information for municipal officials. Typically this will include:

•  technical assessments;

•  financial studies and financing options;

•  legal and regulatory framework analyses and recommendations;

•  institutional analysis; and

•  poverty analysis and social assessments.

The results of these studies will determine the detailed structure and content of the partnership arrangement. They will lead to the articulation of the key components of the partnership framework and guide the identification of potential partners. Based on the understanding of the fundamental nature and characteristics of the organisational sectors (discussed in Chapter 6), the roles and relationships between key actors such as the large-scale private sector, the small- scale private sector, NGOs and the municipality will need to be defined, although it is clear from experience that such roles and relationships change, and partners should work together to formulate their agreed method of implementation. To this end the procedures undertaken in the development of the partnership framework must be flexible.

In most cases, the framework will then define the contractual aspects of the arrangement with all parties. In the case of the main commercial operator, this may be based on a pre-existing model, or it may be an arrangement developed by the contractual parties to suit the context and required outputs. In the cases of NGOs and small-scale providers, municipalities may have to develop new innovative mechanisms for drawing these key parties into the partnership (see Chapter 8). Experience of contracting NGOs and multisector partnerships within municipalities will be limited and it will be critical to test the arrangements and/or seek specialist advice where lengthy arrangements are envisaged.

This stage will take a municipality through the process of translating its objectives into a defined arrangement whereby partners can be procured.

Box 12.4  Lessons of Tender Assessment and Negotiation

South Africa

Links to Boxes

4.3, 10.2, 10.5, 10.8

A number of parameters underlie procurement procedures.

•  All bidders should receive the same information and they should be made aware of direct and derived project goals. The clearer this information, the more clearly bidders can respond to the municipality's requirements. This makes evaluation of the bids more focused.

•  Unsolicited bids should not be encouraged as they stifle competition and also because many municipalities are not able to assess them properly. However, where such unsolicited bids are received, a proper process for evaluation should be established and it should be made as competitive as possible.

•  The rules regarding sub-contracting should be clearly outlined, and the bidders should make firm commitments that sub- contracting would not compromise the standards and quality of services or facilities managed through a partnership.

•  The rules of the process should also be very clear and strictly enforced. Late submissions should not be accepted at all. To promote a transparent process, tenders should all be opened in public, and the evaluation should be based strictly on the contents of the bids and not on circumstantial information.

•  The evaluation committee should include technical experts and community members to ensure that the full range of factors is considered. It may also be advisable to use independent experts from outside the municipality. Not only does this strengthen the quality of assessment and decision-making, but it also helps to create confidence in the procurement process.

•  Specifications should also focus on outcomes and outputs, and not on inputs. This opens up opportunities for the private bidders to use their innovation to ensure the most effective and creative use of resources to achieve the objectives of the partnership.

Contract negotiations with private firms are often complex, especially in the case of long-term contracts. If negotiation teams are not highly skilled and experienced, negotiations can drag on, or crucial clauses can be omitted that eventually affect the focus and outcomes of the arrangement. Moreover, international private sector partners often have vast experience, while PSP is still a new approach for many municipalities. It is therefore important that the municipality establishes a competent team to negotiate on its behalf. This relative incapacity of municipalities is particularly marked in smaller cities, and such councils would be well advised to appoint advisors.

The first important choice is that of a team leader. While teamwork will prove essential, this person's authority must be firmly established, and he or she must be empowered to take responsibility and accountability for the process and results. Once selected, the team leader and relevant managers must select a team that covers all aspects of the negotiation process: providing specialised advice, interpreting documents, interacting with peers, communities and other stakeholders, providing administrative support, and taking notes. The team would thus include technical experts with knowledge of the service at stake, legal and financial experts, poverty specialists, and administrative and logistical staff.

Both internal and external experts are necessary to ensure that the contract accurately reflects the municipality's interests, as well as those of the public. Good specialist advisors are worth the expense because they help the municipality to master the process, and define and achieve objectives. Careful selection of the internal members of the negotiation team also helps to mould a team spirit and internal commitment to the process, and helps to ensure that the process is moving towards the conclusion of the deal.

The negotiating team's preparations entail setting objectives, planning strategically and preparing to deal with project factors and the private partner. This means a focus on the long term and the flexibility to deal with the unexpected. Successful negotiations are shaped through good preparation. When strategic objectives are well defined, a confident and well-prepared team can negotiate a deal that meets objectives, but simultaneously allows flexibility. The team must be well versed in the technical aspects of the proposed partnership and the history of the process up to the negotiation stage. The team members should know clearly what is negotiable and what is not. Information about the partners is important. The aim is not to 'win', but ultimately to collaborate, and negotiate a deal that serves the public interest well and protects the local government.

Source: Sinclair, 1999