CAMBODIA

 

CAMBODIA

 

EAST ASIA AND PACIFIC

GNI PER CAPITA (IN USD)
$1,140

 

 

 

 

 

Preparation of PPPs

 

 

Central budgetary authority's approval

Yes

Only before tendering

Fiscal treatment of PPPs

No

 

PPPs' prioritization consistent with public investment prioritization

No

 

Economic analysis assessment

No

 

Fiscal affordability assessment

No

 

Risk Identification

No

 

Comparative assessment (value for money analysis)

No

 

Financial viability or bankability assessment

Yes

No specific methodology developed

Market sounding and/or assessment

No

 

Environmental impact analysis

Yes

No 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

No

 

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

No

 

Availability of various procurement procedures for PPPs

 

 

Direct negotiation not discretionary

No

 

Tender documents detail the procurement procedure

No

 

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

No

 

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

No

 

Publication of award notice

No

 

Notification of the result of the PPP procurement process

Yes

Grounds for selection not included

Standstill period

No

 

Negotiations with the selected bidder restricted

No

 

Publication of contract

No

 

 

 

 

 

 

PPP Contract Management

 

 

System to manage the implementation of the PPP contract

Yes

Establishment of a PPP contract management team

System for tracking progress and completion of construction works

Yes

 

Monitoring and evaluation system of the PPP contract implementation

Yes

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

Yes

 

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

Yes

Approval by an additional government authority required. Regulations about changes in duration

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

Yes

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

Dispute resolution mechanisms

Yes

Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS)

Lenders' step-in rights

Yes

To be regulated as part of a direct agreement or in the PPP contract

Grounds for termination of a PPP contract

Yes

Consequences of termination expressly regulated

 

 

 

 

 

Unsolicited Proposals

 

 

Regulation of USPs

 

Not regulated but do happen in practice

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

Minimum time provided but not explicitly specified