Controversies have arisen about many other specific PPP contract terms in addition to those listed above, often in the context of brownfield concessions. Maintenance standards and handback provisions; safety and enforcement; commercial development rights; data privacy and ownership; and liability, indemnification and insurance issues are addressed in PPP contracts, and have been identified as potential issues.84 General concerns exist about whether executive agencies have sufficient capacity to thoroughly analyze   PPP   projects and negotiate contracts that adequately protect the public interest. Advisors and consultants, peer-to-peer dialogue and public PPP advisory bodies have been used to enhance public sector capacity (see Principle 1).

Eagle P3 Commuter Rail Project, Colorado (DBFO with availability payments). This commuter rail project-due to start operations in 2016-will include one line from downtown Denver to Denver International Airport. An estimated $900 million of the total cost will be privately financed. (Photo: RTD)