BENIN

SUB-SAHARAN AFRICA

GNI PER CAPITA (IN USD)
$820

Preparation of PPPs

Central budgetary authority's approval

Yes

Only before contract signature

Fiscal treatment of PPPs

Yes

Only specific budgetary treatment

PPPs' 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

Comparative assessment (value for money analysis)

Yes

No specific methodology developed

Financial viability or bankability assessment

Yes

No specific methodology developed

Market sounding and/or assessment

Yes

No specific methodology developed

Environmental impact analysis

Yes

Specific methodology developed

Assessments included in the RFP and/or tender documents

No

Draft PPP contract included in the RFP

No

Standardized PPP model contracts and/or transaction documents

No

Procurement of PPPs

Evaluation committee members required to meet specific qualifications

Yes

Detailed membership and/or qualifications regulated

Public procurement notice of the PPP issued by procuring authority

Yes

Available online

Foreign companies permitted to participate in PPP bidding

Yes

Minimum period of time to submit the bids

Yes

45 calendar days

Availability of various procurement procedures for PPPs

Open procedure (single-stage tendering). Restricted procedure (competitive procedure with prequalification stage). Competitive dialogue and/or multi-stage tendering

Direct negotiation not discretionary

No

Tender documents detail the procurement procedure

Yes

Tender documents specify prequalification/shortlisting criteria (if apl.)

Yes

Clarification questions for procurement notice and/or the RFP

Yes

Answers not publicly disclosed

Pre-bidding conference

No

Financial model submitted with proposal

No

Proposals solely evaluated in accordance with published criteria

Yes

Treatment when only one proposal is received

Yes

Detailed procedure established

Publication of award notice

Yes

Available online

Notification of the result of the PPP procurement process

Yes

Grounds for selection included

Standstill period

No

Negotiations with the selected bidder restricted

No

Publication of contract

Yes

Not available online. Amendments also published

PPP Contract Management

System to manage the implementation of the PPP contract

Yes

Participation of the team in procurement. PPP contract management team requires qualifications without specific detail

System for tracking progress and completion of construction works

No

Monitoring and evaluation system of the PPP contract implementation

Yes

Performance assessment against established criteria. Private partner provides periodic information. Procurement authority gathers information

Foreign companies permitted to repatriate income

Yes

Change in the structure (stakeholder composition) of the private partner and/or assignment of the PPP contract regulated

No

Modification/renegotiation of the PPP contract (once the contract is signed) regulated

Yes

Circumstances that may occur during the life of the PPP contract regulated

Yes

Force majeure. Material adverse government action. Change in the law

Dispute resolution mechanisms

Yes

Local administrative review body. Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS)

Lenders' step-in rights

No

Grounds for termination of a PPP contract

Yes

Consequences of termination expressly regulated

Unsolicited Proposals

Regulation of USPs

Expressly regulated

Assessment to evaluate unsolicited proposals

Yes

Vetting procedure and/or pre-feasibility analysis of USPs

Yes

Evaluation of consistency of USPs with other government priorities

No

Competitive PPP procurement procedure for USPs

Yes

Minimum period of time to submit the bids

Yes

45 calendar days