Thematic Area | What is measured | How it is scored |
PPP Contract Management | The procuring or contract management authority establishes a system to manage the implementation of the PPP contract. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| PPP management tools. | A score of 0.25 if a regulatory provision includes the establishment of a PPP contract team. A score of 0.125 if the establishment of a PPP contract team occurs as a recognized practice. A score of 0.25 if a regulatory provision includes the participation of the members of the PPP contract management team in the PPP procurement process. A score of 0.125 if that participation occurs as a recognized practice. A score of 0.25 if a regulatory provision includes the possibility to consult with PPP procurement experts when managing the PPP contract. A score of 0.125 if that consultation occurs as a recognized practice. A score of 0.25 if a regulatory provision includes the elaboration of a PPP implementation manual or an equivalent document. A score of 0.125 if that a manual or equivalent document is elaborated as a recognized practice. |
| The procuring or contract management authority establishes a system to manage the implementation of the PPP contract. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| Mechanisms included in the PPP contract's monitoring and evaluation system. | A score of 0.25 if a regulatory provision mandates the private partner to provide periodic operational and financial data. A score of 0.125 if provision of such data occurs as a recognized practice. A score of 0.25 if a regulatory provision mandates the procuring or contract management authority to periodically gather information on the performance of the PPP contract. A score of 0.125 if the periodical gathering of information occurs as a recognized practice. A score of 0.25 if a regulatory provision mandates the procuring or contract management authority to establish a risk mitigation mechanism. A score of 0.125 if the establishment of the risk mitigation mechanism occurs as a recognized practice. A score of 0.25 if a regulatory provision mandates the availability of the PPP contract performance information to the public. A score of 0.125 if the PPP contract performance information is available to the public as a recognized practice. |
| The PPP contract performance information is publicly available online on a specific website. | A score of 1 if yes. |
| The regulatory framework expressly regulates a change in the structure (i.e. stakeholder composition) of the private partner. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| The circumstances that are specifically regulated. | A score of 0.5 if any change in the private partner during an initial period is regulated (e.g. construction and first five years of operation). A score of 0.5 if a change affecting the controlling interest requires the replacing entity to meet the same technical qualifications as the original operator. |
| The regulatory framework expressly regulates the modification or renegotiation of the PPP contract (once the contract is signed). | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| The circumstances that are specifically regulated. | A score of 0.33 if a change in the scope and/or object of the contract is regulated. A score of 0.33 if a change in the risk allocation of the contract is regulated. A score of 0.33 if a change in the investment plan or duration of the contract is regulated. |
| The regulatory framework expressly regulates one (or more) circumstances that may occur during the life of the PPP contract. | A score of 0.25 if force majeure is regulated. A score of 0.25 if material adverse government action is regulated. A score of 0.25 if change in the law is regulated. A score of 0.25 if refinancing is regulated. |
| The regulatory framework establishes a specific dispute resolution mechanism for PPPs. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| The dispute resolution mechanism for PPPs. | A score of 1 if a regulatory provision details specific dispute resolution mechanisms. A score of 0.5 if a dispute resolution mechanism is required to be regulated in the contract. A score of 0.5 if arbitration is the only recourse available |
| The regulatory framework allows the lenders to take control of the PPP project (lender step-in right) if either the private partner defaults or if the PPP contract is under threat of termination for failure to meet service obligations. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| Lender's step-in rights. | A score of 1 if they are expressly regulated by the regulatory framework. A score of 0.5 if they are required to be regulated in the contract. A score of 0.5 if a direct agreement is required to be signed with the lenders. |
| The regulatory framework expressly establishes the grounds for termination of a PPP contract. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |
| The regulatory framework also establishes the consequences for the termination of the PPP contract. | A score of 1 if yes based on a regulatory provision. A score of 0.5 if yes based on a recognized practice. |