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EFFECTIVE LEGAL FRAMEWORK FOR PPPs. By Peter Stein Presented at OECD-seminar on PPPs For Infrastructure Financing Istanbul 2006-11-08. GUIDELINES TO ACHIEVE SUCCESS WITH PPPs . Do not view PPP as simply a method to raise private capital
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EFFECTIVE LEGAL FRAMEWORK FOR PPPs By Peter Stein Presented at OECD-seminar on PPPs For Infrastructure Financing Istanbul 2006-11-08
GUIDELINES TO ACHIEVE SUCCESS WITH PPPs • Do not view PPP as simply a method to raise private capital • Main argument for PPPs is that they make use of private sector skills • Strong political commitment and good governance • Key decision-makers should be viewed as influential • Clearly stated principles when to use PPP and why • PPPs result in efficiency gains when the quality of services is contractible, there is adequate risk sharing and incentive-based legislation
KEY COMPONENTS – NATIONAL LEVEL • Appropriate legal framework-overhaul of legislation • Usually traditional laws on public work do not have sufficient flexibility to design PPPs • Need for well defined accounting rules and clear channels of responsibility and accountability • Earmarking revenues for future PPP-payments • Competitive procurement with fair treatment of all bidders • Optimal risk-sharing
KEY COMPONENTS – PROJECT LEVEL • Output-based contracts • Payments to provider linked to performance over the contract life • Project manager independence and authority • Effective mechanisms for conflict resolutions and benchmarking • Establish policy how to divide benefits resulting from refinancing
ON COMPETITIVE PROCUREMENT • Maximise competitive tension until last minute • Choose provider based on price and quality • Model prospective shadow price bid • Keep option of unconditional bidders
PETER STEIN • CEO Stein Brothers AB • pstein@comhem.se • Kommendörsgatan 14 • SE-114 48 Stockholm • Tel: +46 8 662 69 80 • Fax: + 46 8 663 33 05 • GSM: +46 70 424 09 68