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Unravelling Critical Success Factors in Public-Private Partnership Implementation Journal Artikel

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

Natasha Chiswa

European Procurement & Public Private Partnership Law Review, Jahrgang 19 (2024), Ausgabe 1, Seite 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.

PPP for Sustainable Development Goals: Still Untapped Potential Journal Artikel

Iryna Zapatrina, Anna Shatkovska

European Procurement & Public Private Partnership Law Review, Jahrgang 19 (2024), Ausgabe 1, Seite 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.

The State of Affairs of Public Private Partnerships in Ethiopia Journal Artikel

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

European Procurement & Public Private Partnership Law Review, Jahrgang 17 (2022), Ausgabe 4, Seite 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

Should Value for Money Be the Sole Criteria in Opting for PPP Option for Infrastructure Projects? Journal Artikel

Victor Izebhor

European Procurement & Public Private Partnership Law Review, Jahrgang 17 (2022), Ausgabe 1, Seite 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

Public-Private Partnership for the Climate: Journal Artikel

From a Plastic Pollution Perspective

Sarah Maria Denta

European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 4, Seite 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

E-Procurement for PPPs and Concessions: Journal Artikel

Current Trends and Opportunities

Bruno de Cazalet, Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 2, Seite 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

Climate Public Private Partnerships in the EU: Journal Artikel

A Climate Law and Economic Perspective

Christina D. Tvarnø

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 3, Seite 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

Public-Private Partnership as a Solution for Competition Restrictions for Local Governments in Finland Journal Artikel

Paukku Eelis

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 4, Seite 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

Opinion ∙ Unsolicited Proposals for PPPs in Developing Economies Journal Artikel

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 2, Seite 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.