Standardized Agreements, Bidding Documents and Guidance Manuals
What is a PPP Contract?
The term ‘PPP contract’ refers to the contractual documents that govern the relationship between the public and private parties in a PPP transaction. These documents set out the rights and obligations of the parties, deal with the allocation of risk, and mechanisms for dealing with change. In practice, the ‘PPP contract’ can encompass several documents and agreements. For details, see Box 3.9: “What is the PPP Contract” (p. 155) of the PPP Reference Guide.
Standardized PPP Agreements:
There has been a long tradition of the use of standardized agreements for the procurement of goods and services for traditional public works projects and many international financial institutions, including the World Bank require the use of standard bidding documents for the projects that they fund. The use of standardized contracts for complex public-private partnership (PPP) transactions is less common and to date international financial institutions have not produced standardized agreements for PPP transactions.
On the national level many countries have developed model bidding documents, model contracts or key contract clauses, along with guidance manuals. This includes a number of jurisdictions with extensive PPP programs such as the United Kingdom, Australia and South Africa. Standardized agreements are also increasingly used for specific sectors to reduce the costs for each single contract. Other countries incorporate some standardized elements in the overall legislation to govern all PPP contracts.
Set out below are links to examples of standardized PPP agreements, PPP contract clauses, bidding documents and guidance manuals that were developed at the national and international level:
National Standardization Initiatives
Standardized Bidding Documents and Guidelines
Standardized PPP Contracts and Contract Clauses
Sector Specific Standardized PPP Agreements
PPP Laws and Concession Laws
International Standardization Initiatives
Draft Report on Recommended PPP Contractual Provisions
Standardized Documentation for the Public Procurement of Goods and Services
Guidelines for PPP Laws and Concession Laws
Further Reading and Resources
National Standardization Initiatives
Standardized Bidding Documents and Guidelines
Standardized PPP Contracts and Contract Clauses
Examples of Standardized PPP Contracts and Contract Clauses
France
Contract de Partenariat – Clausier-type, Mission d’Appui aux Partenariats Public-Privé (MAPPP), version du 18 November 2011
Ireland
A compendium of clauses for Design-Build-Finance-Operate-Maintain (DBFOM) Contract
Netherlands
Model DBFM Agreement Infrastructure 2012 (Rijksbrede Modelovereenkomst DBFM Infrastructure 2013) (Dutch and unofficial English translation)
New Zealand
Standard Form Public-Private Partnership Project Agreement, version three, 2013
South Africa
Standardized Public-Private Partnership Provisions, 2004
Tanzania
Standardized Small Power Purchase Agreement – for main grid connection, 2009
United Kingdom
Standardization of PF2 Contracts, 2012
Sector Specific Standardized PPP Agreements and Contract Clauses
India
Railways: Model Concession Agreement for PPP in Container Train Operation.
Ports: Model Concession Agreement for Private Sector Projects in Major Ports.
Roads: Model Concession Agreements for different road projects provided by the National Highways Authority.
The Planning Commission of the Government of India provides overviews of model concession agreements for PPPs for a range of transport-related projects.
South Korea
Draft Standard Concession Agreement for Build-Transfer-Operate Road (BTO) Projects – developed and published by the Public and Private Infrastructure Investment Management Center (PIMAC) in March 2010.
United Kingdom
Waste – Standard Form of Waste Management Agreement developed by the Chartered Institution of Wastes Management (CIWM) in collaboration with Clarkslegal LLP and last updated 2009.
United Kingdom Schools – Project Documents
Dr.Ahmed Alkalawy
