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Standardized Agreements, Bidding Documents and Guidance Manuals

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

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