Public-private partnerships (PPPs) have a wide range of forms that vary depending on the participation and risk of the private party. The terms of a PPP are typically defined in a contract or agreement in order to outline the responsibilities of each party and clearly apportion the risk. The graph below shows the range of PPP agreements. Contract management is a determining factor in the provision of shared services[57] and services that are more difficult to control or fully register in the contractual language often remain under local control. In the 2007 survey of U.S. city officials, the most difficult service was judged to be the operation and management of hospitals and the cleaning of the least difficult streets and parking lots. The study found that municipalities often do not adequately monitor collaborative agreements or other forms of service delivery: “For example, in 2002, only 47.3% of executives who work with private companies as suppliers reported evaluating these services. In 2007, this figure was still 45.4%. Performance monitoring is a general concern of these surveys and of the scientific criticisms leveled against these rules. [13] [14] As a general rule, the repayment profile is established in advance in financial agreements and is designed to meet the debt service coverage ratio. The term “PPP contract” refers to contractual documents that govern the relationship between public and private parties in a PPP transaction.
These documents outline the rights and obligations of the parties, the distribution of risks and the mechanisms for managing change. In practice, the “PPP contract” may include several documents and agreements. For more details, see Box 3.9: “What is the PPP Contract” (p. 155) of the ppp reference manual. The preamble to the agreement. In this section, the parts are mentioned in the correspondence, the purpose of the agreement, the context and the reference to the legal authorization given by the Authority to the implementation of the agreement, the objectives and description of the project (in general, the detailed scope of the project is included in a timetable attached to the main agreement), the language and number of original copies of the agreement, the date of effect, the date and place of the agreement, and other related issues. Note: Although the main characteristics of each category are summarized, there are overlaps between the categories and the name given to a particular agreement, this classic categorization may not reflect. It is also necessary to determine whether a specific classification is enshrined in the laws of the host country, as in the case of many civil courts where there are strict definitions of “concessions” and “firms”. The examples of agreements in this section are not all agreements relating to infrastructure projects. They are not designed as “models.” In the development and development of an agreement, legal advice should be sought to ensure that it is appropriate and feasible in the circumstances of a particular project, sector and country. You will find the terms and conditions of this website about PPPLRC.
Definitions and interpretations. This section contains operational definitions and interpretations of the terms (for example. B accounting exercise, agency, authority, book value, concession, contractor, financial accounts, industry best practices, ministry, terminal, etc.) used in the contract document and requires a clear understanding. It can also determine what predominates if possible discrepancies or ambiguities are taken into account in the text of the agreement. For some projects, the Authority will enter into a direct agreement with lenders (#2d) (see section 7.5). The text of the contractual agreement is usually divided into several sections or chapters, each devoted to a particular issue. The main part of the agreement may be accompanied by one or more annexes or calendars. These schedules or schedules provide more detail on specific issues, including technical specifications and project performance specifications.B.