Contract

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Establishing Contract Management Structures

Establishing the contract management structures means defining responsibilities for contract management within government, and how the relationship with the private party will be managed. It also…

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Role of Independent Regulators

PPPs and sector regulationPPPs often supply essential services in monopoly (or near-monopoly) conditions, for example, in the water, electricity, gas, telecommunications, airports or highways sectors…

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PPP Program Scope

Many governments choose to limit the scope of their PPP program to particular types of projects (or contracts). The aim can be to focus on those most likely to achieve the government's objectives and…

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Managing PPP Contracts After Financial Close

The reference tool is intended to be user-friendly and interactive, providing guidance to public sector teams around the world responsible for contract management of PPPs from financial close to…

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Sample BOT Contract (Vietnam)

Sample BOT Contract used in a public tender process by the Vietnamese government for the design, construction and operation of a large scale coal-fired power plant. The agreement is to be…

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Vietnam Sample Power Purchase Agreement

Sample Power Purchase Agreement used in a public tender process by the Vietnamese government for the design, construction and operation of a large scale coal-fired power plant. The agreement is…

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A common goal: More consistency and risk analysis for infrastructure PPPs

There’s a strong emphasis on “quality infrastructure” afoot and we emphatically support it, as the focus plays a fundamental role as governments seek to deliver on their economic, social, and…

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Contractual examples supporting pro-poor service delivery

Examples Pro-Poor PPP Contracts:Reference: Public-Private Partnerships and the Poor - Pro-poor longer term (Concession and lease) ContractsThis document published by the Water, Engineering and…

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Examples of Policies of International Contractors Promoting SMEs

It should be noted that many large international contractors will also have a diversity or inclusion policy that includes use of SMEs where possible. Some samples of such policies are below.Skanska…

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Examples of Policies that Incorporate Existing Operators into New PPPs

This situation is quite common in the transportation sector, especially in where a new transportation system such as bus rapid transit is created. Examples of countries that have had to face this…

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5 Trends in Public-Private Partnerships in Water Supply and Sanitation

A lot has been happening in Public-Private Partnerships (PPPs) in the water supply and sanitation sector over the last few years, contrary to some misperceptions. Today’s market is radically…

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Accelerating the PPP Process and Reducing Costs: The Recommended PPP Contractual Provisions Initiative

All of the parties involved in public-private partnership (PPP) transactions – including both governments and project developers – frequently express concern over the time and expense involved in…

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Water Regulation: Self-Regulation

Under self-regulation, the public service provider regulates its own activities, sets tariffs and performance standards, and monitors performance. The utility is typically accountable to a third…

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Water Regulation: Regulation by Contract with a Separate Regulator (Hybrid)

SummaryUnder the hybrid model, regulation by contract is combined with supervision by an independent regulator. Typically, tariffs agreed upon by the parties to the contract need to be approved by…

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Regulation by Contract

SummaryRegulation by contract uses no separate regulatory agency, and the public sector asset holder to a contract monitors the performance of the operator (usually private but sometimes public). A…

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Joint Development Agreement Termsheet

GeneralA. Parties: [Name of Lead Party] (“________”), and [Name of Other Party] (“Party B”), collectively with [Lead Party], the “Parties.”B. Project: [Insert description of the Project.]C. Scope of…

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Joint Venture Checklist

Equity/ sharesWill it be a 50:50 deadlock joint venture, or will one party have a majority interest?Will economic ownership and voting rights be the same?Should there be different classes of shares,…

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Checklist for Operation and Maintenance Agreement

ChecklistGeneral pointsAre there any areas of the agreement which need to be checked or developed by a technical adviser been identified, e.g.:scope of operating and maintenance services;scope of…

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Construction Contracts Checklist

The purpose of this checklist is not to replace a review of the construction contract, but is intended to be used following such a review in order to check that all the key areas of the contract have…

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Agreements for Renewable Energy Projects: Power Purchase Agreements

A Power Purchase Agreement (PPA) specifies the contract between two parties: a) the seller, who generates electricity,and; b) the buyer, who is looking to buy electricity. It defines all the terms…

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PPPs in Irrigation

Key Commercial RisksIrrigated agriculture projects, especially those involving smallholder farmers, are difficult to fund on a commercial basis from day one because they cannot deliver short-term…

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Land Lease Agreements

Land Lease Agreements are used whenever the government owns the land of the site of a project and leases it to the operating company or concesionnaire for the period of the concession contract. In an…

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Intercreditor Arrangements

Equity ContributionsProject sponsors are the investors in the project company that are likely to be providing expertise and some of the services to the project company (such as construction or…

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Energy Agreements

A public-private partnership for an energy project requires a number of agreements to set out the relationships between the different stakeholders. For a full description of the main…