Thematic Coverage

Procuring Infrastructure PPPs provides an analysis of 135 economies with questions pertaining to the procurement of PPPs. The survey instrument includes 55 major questions organized in four thematic areas: preparation, procurement, contract management, and a special module on unsolicited proposals (USP). The questions in the survey were selected and developed taking into account the most recent developments in academic literature and with the guidance of the ECG.

The report, reflecting the content of the survey instrument, is organized in five areas:

›  Regulatory and institutional framework for PPPs: This section introduces the report and seeks to identify the extent to which regulations in various economies address PPPs. It presents the various approaches adopted around the world to regulate PPPs. It also attempts to understand the general components of the institutional framework for PPPs, such as who the procuring authorities are or if a specific PPP unit or other government agency exists with similar functions.

›  Preparation of PPPs: This section covers the period and activities that inform the decision of whether to launch a PPP procurement process. This portion of the survey explores whether the identification of a prospective PPP project happens within the broader context of public investments, consistent with other government priorities. It also examines the different types of assessments and the methodologies used to set the rules for these assessments. Furthermore, it considers other activities undertaken before publishing the public tender notice, such as preparing the draft contract and tender documents and obtaining land and permits, that lead to the procurement of the PPP project.

›  Procurement of PPPs: This section concentrates on the process for selecting a private partner to take on the responsibility of developing the PPP project. While this section covers a range of topics, it focuses on whether distinct legal and regulatory frameworks around the globe adhere to recognized good practices in terms of choosing the private partner. The major themes covered in this section include the fairness, neutrality, and transparency of the process, as well as specific requirements regarding matters related to lack of competition.

›  PPP contract management: This section assesses the contract management framework in place to facilitate the implementation of PPP projects, as well as the existing monitoring and evaluation systems. It also examines the regulatory provisions regarding PPP contract modification and renegotiation, dispute resolution, lender step-in rights, and termination of contracts.

›  Unsolicited proposals (USPs) for PPPs: This section begins by defining whether the legal and regulatory framework specifically allows or prohibits the submission of USPs and whether they take place in practice. If pertinent, it also delves into whether a specific process is in place to evaluate the feasibility of the USP and its alignment with other government priorities. This section also inquiries about the specific compensation mechanisms in place for USPs, as well as whether a competitive process is required to select the private partner for the PPP project.