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Opinion ∙ Unsolicited Proposals for PPPs in Developing Economies journal article

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 118 - 128

One of the features of the legal regulation quality in the field of PPP is the interest of business in the implementation of infrastructure projects using this mechanism. At the initial stage of the PPP development, this interest is expressed in the active participation of business in competitions for the implementation of PPP projects and / or in the preparation of unsolicited proposals (USPs). At the next stage, in the number of successful PPP projects. In conditions when the public authorities do not make efforts to structure PPP projects, it is business who takes the initiative by starting the preparation and submission of unsolicited proposals. The attitude to such proposals by the public authorities and the expert community is very different. In a number of countries, including Ukraine, there are many discussions about the expediency of USPs and the approaches that should be used when considering them. This article presents an analysis of various points of view regarding unsolicited proposals; an assessment of the advantages and disadvantages of USPs compared with the proposals prepared on the initiative of public authorities; the author’s observations regarding the potential of using this mechanism to achieve the public interest and recommendations on how some of the problems existing in this area could be resolved. Keywords: Public-Private Partnership (PPP); PPP proposals; Unsolicited Proposals (USP); Infrastructure Projects, Public Interest.

Boosting Investments in Nigerian PPPs through Better Mitigation of Project Risks journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 103 - 112

Nigeria currently has a number of seemingly commercially viable PPP projects which have not attracted financing from private sector investors, despite the best efforts of the government at marketing these projects. The apathy from investors is due to the manner in which the project risks have been managed. Prospective investors have simply not been comfortable with the risk allocation framework underpinning these projects as there has been no conscious effort to incentivise investors through the proper allocation and mitigation of risks. The paper looks at the correlation between investments and the proper management of project risks and suggests ways in which investments in PPP projects within Nigeria may be catalyzed.

Characteristics of the Legal Framework for Serbian PPPs journal article

Slavica Joković

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 113 - 118

This paper reviews the main characteristics of the legal framework regarding public-private partnerships in Serbia, with particular reference to the Law on Public-Private Partnership and Concessions. It notes that compliance with the new EU Directives will require adequate implementation capacity and systematic monitoring and control, in order to implement it effectively and reduce the scope for corruption.

An Appraisal of the Framework for Public Private Partnership in South Africa journal article

Augustine Arimoro

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 214 - 228

Huge infrastructure gaps in many countries in the face of budget deficits as well as the need to tap into private sector capital and management expertise are the main reasons why governments across the world adopt the public-private partnership (PPP) model of infrastructure procurement. The first structured PPP arrangement in South Africa dates to 1997 and since then, South Africa has maintained a leading position in PPP administration and regulation in sub-Saharan Africa. As such, the model in South Africa can serve as a template for other countries in sub-Saharan Africa. The paper discusses the legal and regulatory framework for PPP in the country and recommends that the process in South Africa be made simpler and transparent to encourage more interests from both foreign and domestic investors. Keywords: PPP Framework; Infrastructure; Investment; Investor; Public Procurement.

State Support under PPP journal article

New Challenges in the Context of the UN Sustainable Development Goals

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 326 - 337

In recent years, the attitude toward the Public-Private Partnership (PPP), its role in infrastructure development and in overcoming inequalities in the world is constantly changing. New challenges, in particular those related to the approval of the UN Sustainable Development Goals 2030, require the use of new approaches to the implementation of projects involving private business. Completely new models of public-private partnership are emerging, for example, the ‘People First PPPs’ actively promoted by the UNECE. All these circumstances break the longstanding understanding of the role of public authorities, private business and the society in the framework of PPPs in relation to ensuring sustainable development in the world and require the expansion of rights and responsibility to people of partners in PPP projects, including for the achievement of the national indicators of SDGs. One of the important tasks in this area is the improvement of approaches to State support under PPP. To resolve this task a revision / clarification of the forms of such support as well as its principles and conditions should be provided. This paper analyses the problems that exist in this area in the transition-economy countries based on the experience of Ukraine and contains the author’s recommendations on how some of these problems could be resolved. Keywords: Public-Private Partnership (PPP); State support under PPP; State aid; People First PPPs; State guarantees under PPP; Availability Payments.

Unsolicited Proposals for PPP Projects in Vietnam: Lessons from Australia and the Philippines journal article

Huong Van Nguyen Cameron

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 132 - 145

Public-private partnership (PPP) projects have been implemented in Vietnam to provide facilities in the context of the State budget deficit. These projects were officially proposed by Ministries and provinces and have improved infrastructure conditions. Apart from solicited projects, Vietnamese legislation permits unsolicited proposals; however, to date no such projects have been accepted in this manner. Regulations for unsolicited proposals demonstrate drawbacks and reason why unsolicited proposals have not been applied in practice. This article examines the current regulations for unsolicited proposals for PPP projects in Vietnam. It uses the regulatory regimes of Australia and the Philippines by way of comparison with that of Vietnam to find recommendations to strengthen the regulations in Vietnam. This article concludes that despite the legislation on unsolicited proposals are in force, there are regulations and processes to be improved to deliver more effective project implementation. Keywords: Unsolicited Proposals; PPP Projects; Vietnam; Australia; The Philippines; Anti-Corruption.