NO

ASPECTS

DESCRIPTION

12.

Facilities Available to Facilitate Project Structuring and Transaction Advisory

There are cost sharing facilities and government soft loans in toll highways projects. However, financial guarantee and demand guarantee had been discontinued.

13.

Role of Local Government

Among the roles of local government in supporting PPP are:

1) Approval of Development Order;

2) Approval of Building Plan; and

3) Issuance of Certificate of Completion and Compliance (CCC).

14.

Risk Sharing Policies/ Practices

The risk should be allocated to the party that can best manage it. This needs to be determined by assessing each party's ability to influence the risk factor and correspondingly mitigate the risk to the greatest extent possible.

15.

Financing Mix Options Allowed

Land acquisition cost for highway projects borne by the government through the Facilitation Fund.

16.

PPP Promotions/ Marketing Mechanisms

PPP projects are promoted through:

1) Website;

2) Seminars/conferences/talks/knowledge sharing sessions;

3) Media such as newspaper, magazines etc; and

4) Road shows.

17.

Monitoring and Evaluation

After the awarding of the PPP project and upon getting the financial close of the project, the implementing ministry/agency is responsible to monitor the project implementation particularly to ensure compliance with the terms and conditions as well as Key Performance Indicator (KPI) identified in the contract.

18.

Dispute Resolution Mechanism

Any matter, dispute or claim between the parties in respect of any matter under the concession agreement may be referred by any party to a Dispute Resolution Committee (DRC) identified in the agreement. The DRC shall meet and endeavor to achieve an amicable settlement between the parties in respect of any matter, dispute or claim referred to it. If any matter, dispute or claim which is referred to the DRC cannot be agreed by the relevant parties, any party aggrieved may refer that matter, dispute or claim to arbitration.