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

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

Sarah Maria Denta

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 318 - 328

In March 2020, the EU announced that it should be climate neutral by 2050. In order to achieve this goal, multiple regulations will be necessary. However, this article argues that regulation will not be enough. Rather, the EU should work towards stronger partnerships and more cooperation between public and private parties. This article presents a kind of partnership that is called a Public-Private Partnership for the Climate – a partnership in which the parties (public and private) work towards achieving the EU´s ambitious climate goals. The climate and handling climate change are the focal points in Public-Private Partnerships for the Climate. Keywords: Public-private partnerships for the climate, People first PPPs, Thailand, Public-Private Partnership for Plastic and Waste Management, partnerships, climate law, EU Climate Law Regulation, plastic pollution, cooperation

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 255 - 259

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

Christina D. Tvarnø

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 200 - 208

This article analyses Climate Public Private Partnerships in the light of EU climate law and includes an economic perspective to explain the objectives and efficiency behind Climate Public Private Partnerships. Climate Public Private Partnerships are regulated by EU public procurement law for which reason the legal cross field between EU climate law and EU public procurement law is analysed to evaluate how EU law supports Climate Public Private Partnerships. Furthermore, the article includes game theory as an instrument to assess Climate Public Private Partnerships under EU law. The article concludes that EU law does not include the sufficient legal support to provide efficient Climate Public Private Partnerships as a tool to reach Europe’s climate goals. Keywords: Climate Public Private Partnership, climate law, EU Climate Law Regulation, efficiency, game theory

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.

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.

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.