There are a number of things to bear in mind in relation to the approach of this guideline.
First, this is a guideline rather than a set of definitive rules. The reader should not adopt too literal or dogmatic approach. While every attempt is made to ensure that materials in this guideline is accurate and reflects the reality of PPP transactions around the world, it is impossible to make generalisations that apply in every instance. Consequently, there are necessarily exceptions to the information provided in this guideline. It is important that the reader maintains a flexible approach. This guideline aims to provide the reader with an understanding of the PPP structure and common issues that arise; not to set out an immutable set of rules that applies in all circumstances.
Second, this guideline assumes only a very basic understanding of PPP projects in order to ensure accessibility of the information to a wider audience. Although this guideline does go on to elaborate on certain issues that are important for PPP projects from a legal point of view, the discussion of these issues may be tedious or simplistic to experienced practitioners.
A final caveat is the limited scope of this guideline. Specifically, this guideline discusses the contractual issues rather than legislative design aspects of PPP projects.6 That is, it details the issues in drafting and negotiating the transaction agreements; not the procurement process to identify suitable private sector participants, or the contract management aspects following the signing of the transaction documents.7 This guideline addresses issues faced in a particular PPP project from a legal perspective, rather than the broader policy and institutional issues that affect PPP projects in general. An environment that is conducive to PPP is obviously important, but is beyond the scope of this guideline.8
__________________________________________________________________________
6 See UNCITRAL Model Law on Procurement.
7 See guidelines developed by the World Bank, Partnership Victoria and EU Procurement Law.
8 Refer to PPP readiness indicators project.