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Unravelling Critical Success Factors in Public-Private Partnership Implementation journal article

A Comprehensive Examination of Kenya's Public-Private Partnership Achievements and Challenges

Natasha Chiswa

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 39 - 60

Public private partnerships (PPPs) have emerged as a dynamic means for nations to enhance infrastructure development, spur economic growth, foster innovation, engage the private sector and optimise financial resources. These collaborations hold the potential to transform governments' capacity to achieve comprehensive development objectives and attract crucial investments. However, implementing PPPs effectively is a multifaceted endeavour, requiring a thorough examination of Critical Success Factors (CSFs) to ensure enduring benefits. CSFs lie at the heart of successful PPP execution, shaping a culture of excellence within organisations and ensuring success throughout the planning, identification and assessment phases. Kenya stands as a prominent example, having established a transparent legal framework for PPPs within its borders. Kenya's persistent efforts to catalyse private investment in infrastructure development provides a valuable case study. This research primarily employs a doctrinal approach, examining existing legal documents and materials to understand the strengths and challenges of implementing PPPs. The paper's main objective is to critically evaluate the CSFs to ascertain the implementation practicality of PPPs. By closely analysing these legal foundations, the article aims to uncover the intricacies of Kenya's approach to PPPs. Through a thorough assessment of CSFs, this research aims to provide valuable insights to guide policymakers and enhance the effectiveness of PPPs. Keywords: public-private partnerships; critical success factors; infrastructure development; Kenya; Sub-Saharan Africa.


Basic Rationale for Airport BOT Projects in Cyprus journal article

Demetris Savvides

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 22 - 38

Public-private partnerships (PPPs) have emerged as a strategic tool for enhancing the economic growth of International Airport infrastructure and service delivery markets in Cyprus. Although different types of PPPs exist worldwide and are likely to influence how road projects are implemented, this has not been fully researched in Cyprus. This study investigates how various aspects of PPPs can influence the implementation of International Airport infrastructure development in the Republic of Cyprus. It combined qualitative and quantitative approaches using a cross-sectional design. Secondary data was complimented with primary data collected from 63 purposively sampled respondents. The study established that PPP international airport projects in Cyprus have particularly utilised the Build, operate, transfer (BOT) model. As the existing publicly owned airports were not considered to be financially viable or sustainable at the beginning of the century, it became evident that these government functions could not be socio-economically or otherwise justified. For this reason, the involvement of the private sector in the operation of publicly owned and administered airports was fully endorsed by both the government and the local society at large. The form of private participation to be selected rightly depended on the risk/decision making power that the government apparatus was prepared to transfer to the private sector and the financial viability of the airport as a sustainable business. To have defensible, sustainable, and resilient Airport BOT Projects in Cyprus, the regulatory model of frameworks should be changed into a community model to develop sustainable projects, as opposed to the market or statist model that favours or prioritise private partners and government interests respectively. Though it may seem difficult to create a line of responsibility, it is possible to set an established way to collaborate and cooperate on particular BOT contract projects. Keywords: Airport Infrastructure service delivery; PPPs; Value for Money; BOT Project financing; Corruption


PPP for Sustainable Development Goals: Still Untapped Potential journal article

Iryna Zapatrina, Anna Shatkovska

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 5 - 13

Recently, attention to the issue of extending the role of public-private partnership (PPP) in achieving the Sustainable Development Goals (SDGs) has significantly increased. There are several reasons for this: a serious lag behind the planned indicators for achieving the SDGs, largely due to the unsatisfactory state of life support infrastructure in countries of developing economies; a constantly widening infrastructure gap; and the insufficient use of private businesses to create the infrastructure critical to achieving the SDGs. To ensure the active participation of private businesses in this process, new institutional mechanisms are needed. Some of these mechanisms, providing for the assessment of compliance of projects with the SDGs, have already been created and are actively promoted for the implementation of PPP projects. This article contains an analysis of these mechanisms and recommendations for incorporating new approaches to assessing the sustainability of businesses interested in implementing infrastructure projects of public interest into the PPP process, based on the principles laid down in the Corporate Sustainability Reporting Directive and European Sustainability Reporting Standards. Keywords: Public-Private Partnership; Sustainable Development Goals; Infrastructure; Sustainability Reporting; Corporate Sustainability Reporting Directive; European Sustainability Reporting Standards.


Should Value for Money Be the Sole Criteria in Opting for PPP Option for Infrastructure Projects? journal article

Victor Izebhor

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 23 - 32

Countries are increasingly using Public-Private Partnerships (PPPs) to deliver infrastructure projects and there are a number of reasons why governments around the globe utilise PPPs in delivering infrastructure projects amongst which is the financial benefits of the project. In PPP projects, it is necessary for the host government to carry out an analysis to show that the proposed project is a viable venture. It has been argued by various practitioners and academics that the critical question from the government’s viewpoint is whether the project demonstrates good Value for Money (VfM) sometimes also called Value for Investment (VfI). This article examines the concept of VfM, PPPs as distinguished from traditional procurement. It also expatiates on the use and focus of VfM assessment in the PPP decision-making process and puts the VfM analysis into a broader, context by expanding its subsets which is a mix of both quantitative and qualitative analysis and the tools used in assessing if an infrastructure project demonstrates VfM, this paper also looks at the different criticisms, constraints and limitations submitted by different academics, institutions and practitioners on why VfM should not be the only factor to be contemplated in determining if PPP is the best option for delivering infrastructure projects or if the project should be skewed towards traditional infrastructure procurement. The article proffers key recommendations which can guide government institutions, agencies, and industrial sectors in using and improving the VfM analysis. The concluding section answers if VfM should be the sole criteria in reaching the determination of skewing projects towards PPP or Traditional Procurement. Keywords: public-private partnership, traditional public procurement, value for money, public sector comparator, infrastructure finance



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



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.


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.


Legal Analysis of the Procurement of Privately Financed Infrastructure Projects in Nigeria journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 285 - 292

As Nigeria expands the use private sector led procurement mechanisms, like Public-Private Partnerships (PPPs), Joint Ventures and privatization for the delivery of infrastructure projects, one of the contentious issues has been the appropriate legal framework for the procurement of these infrastructure projects as there are a number of conflicting legislations that regulate these transactions. Also, issues have arisen in determining the rightful agencies responsible for such procurements as disputes and infighting have occurred amongst the different institutions created by enabling legislations. There exist multiple laws, regulations and guidelines and even applicable processes for dealing with issues like unsolicited proposals. This has led to manifest uncertainties and impairs the credibility of the process. This paper attempts to resolve some of these issues and distil the appropriate procurement rules for delivering private sector financed infrastructure projects.

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