Skip to content

The search returned 24 results.

The State of Affairs of Public Private Partnerships in Ethiopia journal article

Solomon Gebreyohans Gebru, Abrha Tesfay Asmerom, Desta Tamrat Desta, Tesfalem Ghebreyohannes Asfaha

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 4, Page 230 - 249

Owing to the increasing demand for social and public services and the inability of governments to satisfy these demands, the need for introducing public-private partnerships (PPP) has recently been remarkably increasing in developing countries. This was not an exception in Ethiopia. Thus, this study was designed to examine whether Ethiopia had the necessary institutional, legal, and policy frameworks for PPP; to explore if there were existing PPP projects and determine their typology, as well as identify potential PPP areas and the associated challenges. To this end, a qualitative exploratory design was employed. Data were generated through in-depth interviews and focus group discussions from several federal and regional institutions and municipalities and through document analysis and literature review. The study reveals that Ethiopia has recently developed PPP specific policy, legal and institutional framework, albeit there is a vast capacity deficit from the government side to implement complex PPP contracts. Although not yet well institutionalised, there had been some PPP-oriented contract agreements in Ethiopia before the PPP-specific framework was developed in 2018. They include contracts for utility billing, security and cleaning, urban greenery, waste disposal, and the construction of condominium houses. Most notably, the government has recently awarded PPP-based concessions to foreign companies to develop energy plants and several projects are already in the pipeline. However, implementation is still at an initial stage. Some recommendations have been forwarded so that Ethiopia could get the most from PPP without harming its national interest and crowding out the local private sector. Keywords: Ethiopia; Public-Private Partnership; PPP; PPP framework; PPP forms/modalities

Public-Private Partnerships for Diversifying Economic Relations journal article

Darid Al-Hayali

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 4, Page 244 - 251

Amid the increasing trend of protectionism in international commerce and the expanding intricacies of the global economy, public-private partnerships (PPPs) have emerged as crucial institutional structures to facilitate collaboration between the public and private sectors. This article emphasizes the importance of PPPs in the reduction of protectionism and the resolution of asymmetric dependency among states. PPPs have the capacity to foster sustainable and innovative domestic economic growth. Given the current state of global uncertainties and crises, PPPs continue to serve as a potent mechanism for facilitating infrastructure development, stimulating economic revitalisation, attracting investment, and fostering innovation. The article systematises information about PPPs - identifying the advantages and disadvantages; describing the principles of successful PPPs; and analysing the legislative changes and reforms aimed at improving the infrastructure sector of Ukraine. This article uses the basics of general scientific methodology and applies economic and statistical methods of analysis and a systematic approach. Keywords: PPP, strategic planning, innovation, transparency, asymmetric dependence.

Re-Contextualising and Re-Defining Public-Private Partnerships journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 305 - 317

The fact that there is limited agreement on the exact nature of Public-Private Partnerships (PPPs) has led to variations in the way the concept has been defined or even understood. This paper looks at the several reasons for the multitude of meanings given to the concept. Also, PPPs have continued to evolve over the years and after four decades of infrastructure PPPs in its present form, there is now an empirical and therefore better understanding of what PPPs are capable of delivering and what is truly beyond the concept. Based on this knowledge, the paper advises on how the concept should shape up in the future. Keywords: public-private partnerships, PPP, Private Finance Initiative, infrastructure

E-Procurement for PPPs and Concessions: journal article

Current Trends and Opportunities

Bruno de Cazalet, Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 131 - 150

Recently, also due to the COVID-19 pandemic, the issue of using e-procurement is becoming more and more relevant for all countries around the world, and especially for EU Member States implementing the requirements of the Directives on public procurement. The substantial advantages of the use of electronic procedures for public procurement for reduction of tender costs and better prices, the possibility to avoid misuse, collusion and corruption, led some countries to explore opportunities to adapt the traditional e-procurement experience for public-private partnership (PPP) and concession tenders. Today, the regulation in this field is practically absent and the experience is very limited. This article presents: an analysis of the situation regarding current regulation, experience in electronic PPP procurement implementation, and trends; the peculiarities of PPP procurement compared to traditional public procurement; the difficulties related to PPP procurement as e-procurement; and the recommendations of authors on the use of electronic procurements for PPPs and concessions based on the peculiarities of a project implemented using relevant mechanisms. Keywords: public-private partnership; PPP; public procurement; electronic procurement; e-procurement; digitalisation

Concessionaire’s Performance Assessment in Public-Private Partnerships: journal article

The Case of the Autonomous Province of Bolzano in Italy

Alberto Germani, Karl Zeller

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 125 - 130

This article describes the authors’ experience with Public Private Partnerships (PPPs) being dealt with by the Italian Autonomous Province of Bolzano/South Tyrol. All PPPs considered by the Province and other local authorities must be compulsorily envisaging the enforcement of an effective performance control system during operations, in order to provide a timely assessment of key performance indicators (KPIs) and, in case of non-compliance, to levy relevant penalties to the private partner. Measuring a concessionaire’s performance during operation stage in PPP arrangements is an essential requirement set forth by European standards, in order for PPPs to be accounted off public balance. In the Guide to Statistical Treatment of PPPs, Eurostat sets out that PPP contracts must contain provisions that allow for the Operational Payments to be adjusted for unavailability of the asset and poor service performance by the private partner. Unlike concessions, where the private party bears most of the risks and the majority of revenues come directly from user charges, in PPPs the public party is the major purchaser of the services provided by the operator. The investment repayment is assured for the greatest part by regular availability-based payments granted by the acquiring administration throughout contract duration. In the latter case, it is essential to ensure that a substantial risk portion is transferred to the private party, by contractually defining a clear set of performance levels to be matched during Operations, and making sure that an efficient and sound performance control system is in place to check if requirements are met. Keywords: PPP; concession; PAB; KPI; performance indicator

Public-Private Partnership as a Solution for Competition Restrictions for Local Governments in Finland journal article

Paukku Eelis

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 292 - 300

This article aims to find out how Finnish legislation allows usage of PPPs by local governments. This study was conducted by analysing the main features of PPPs from literature as well as analysing EU and national legislation. The main findings of the study were that the most significant legislation is EU public procurement legislation, which sets a framework on how the public can acquire the skills and problem-solving from the private sector. The procurement method called ‘the competitive dialogue’ has proven to be effective in PPPs. As there are many different forms of PPPs, it is possible that other legislation can create issues with PPPs as well, mainly EU State aid regulation, national, local government regulation, and national competition regulation. As a main result, it can be stated that regulation does not prevent or even hinder the usage of PPPs as long as legal requirements are taken account and markets are not unnecessarily disturbed. Keywords: public-private partnership; PPP; State aid; public procurement; local government regulation; competitive dialogue