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 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 on the national and international level:
National Standardization Initiatives
Standardized PPP Contracts and Contract Clauses
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.
Examples of Standardized PPP Contracts and Contract Clauses
- Contrat de Partenariat - Clausier-type, Mission d’Appui aux Partenariats Public-Privé (MAPPP), version du 18 novembre 2011
- Model DBFM Agreement Infrastructure 2012 (Rijksbrede Modelovereenkomst DBFM Infrastructuur 2013) (Dutch and unofficial English translation)
- Standard Form Public-Private Partnership Project Agreement, version three, 2013
Sector Specific Standardized PPP Agreements and Contract Clauses
- 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.
- 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.
- 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
- Roads - Model Public-Private Partnerships Core Toll Concessions Contract Guide - Final (Part 1), United States Department of Transport, Federal Highway Administration (FHWA), September 2014.
International Standardization Initiatives
Revised Report on Recommended PPP Contractual Provisions, prepared by Gide Loyrette Nouel at the request of the World Bank, July 2015.
Standardized Documentation for the Public Procurement of Goods and Services
Many international finance institutions including the World Bank have standardized documentation for the public procurement of goods and services. For details visit Procurement Processes and Bidding Documents.
Guidelines for PPP Laws and Concession Laws
Some international development organizations have also developed guidelines for PPP laws and concession laws that contain details with regard to the content of the contractual arrangements. For more information visit PPP Laws/Concession Laws.
Further Reading and Resources
Video: Should Standardized Agreements Be Used in PPP Contracts - A Debate, Law, Justice and Development Week 2014.
Public-Private Partnership Reference Guide, Version: 2.0, Asian Development Bank (ADB), Inter-American Development Bank (IDB), World Bank Group, Public-Private Infrastructure Advisory Facility (PPIAF), second edition, July 2014, Table 3.1 "Examples of Standardized PPP Contracts and Contract Clauses", p. 158.
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