COSTA RICA

 

 

COSTA RICA

 

GNI PER CAPITA (IN USD)
$10,210

 

 

 

 

 

Preparation of PPPs

 

 

 

Central Budgetary Authority's approval

Yes

Both before tendering and contract signature

 

PPP's prioritization consistent with public investment prioritization

Yes

Detailed procedure established

 

Economic analysis assessment

Yes

No specific methodology developed

 

Fiscal affordability assessment

Yes

No specific methodology developed

 

Risk identification

Yes

No specific methodology developed

 

Financial viability assessment

Yes

No specific methodology developed

 

PPP vs. Public Procurement comparative assessment

Yes

No specific methodology developed

 

Market assessment

Yes

No specific methodology developed

 

Draft PPP contract included in the request for proposals

Yes

 

 

Standardized PPP model contracts and/or transaction documents

No

 

 

 

 

 

Procurement of PPPs

 

 

 

Evaluation committee members required to meet specific qualifications

No

 

 

Public procurement notice of the PPP issued by procuring authority

Yes

Available online

 

Minimum period of time to submit the bids (>=30 days)

Yes

45 calendar days

 

Tender documents detail the stages of the procurement process

Yes

 

 

Clarification questions for procurement notice and/or the request for proposals

Yes

Answers are publicly disclosed

 

Financial model submitted with proposal

Yes

 

 

Proposals strictly and solely evaluated in accordance with published evaluation criteria

Yes

 

 

Procedure when only one proposal is received

No

 

 

Publication of award notice

Yes

Available online

 

Notification of the result of the PPP procurement process

Yes

Includes grounds for selection

 

Regulation of negotiations with the selected bidder before contract signing

Yes

 

 

Publication of contract

Yes

Available online

 

 

 

 

Unsolicited Proposals

 

 

 

Assessment to evaluate unsolicited proposals

Yes

Consistency with government priorities evaluated

 

Competitive PPP procurement procedure for USP

Yes

 

 

Minimum period of time to submit the bids (>=90 days)

Yes

45 calendar days

 

 

 

 

PPP Contract Management

 

 

 

System to manage the implementation of the PPP contract

Yes

Contract management team

 

Monitoring and evaluation system

Yes

The procuring authority gathers info

 

Regulation of a change in the structure (i.e. stakeholder composition) of the private partner

Yes

Limitation to change the structure of the private partner during an initial period of time; Same qualifications legally required for the replacing entity

 

Regulation of modification/renegotiation of the PPP contract (once the contract is signed)

Yes

Limitation to change the scope and/or object of the contract; Limitation to change the investment plan or duration of the contract

 

Regulation of circumstances that may occur during the life of the PPP contract

Yes

Force majeure; Material adverse government action; Refinancing

 

Dispute resolution mechanisms

Yes

Recourse to arbitration

 

Lenders step-in right

No

 

 

Grounds for termination of a PPP contract

Yes

Consequences of termination expressly regulated