Civil Law Systems - Key Terms Implied by Law That Can Impact PPP Arrangements

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In many civil law countries a separate administrative law governs PPP arrangements. A number of the key  administrative rules that apply to delegated management arrangements are listed below¹. It is important to seek local legal advice to check whether these rules apply in a particular civil system. It is also important to note that in a civil law jurisdiction, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by the administrative courts.

Annotated Solar Power Purchase Agreement (PPA) prepared by Sustainable Power Group (sPower)

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Power purchase agreement developed by sPower, an independent power producer, for the construction, operation and maintenance of a solar powered electric generating project, and sale of the electric energy produced by the project.

Water and Sewerage Lease Contract – Example 2

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This sample agreement of a water and lease includes the possibility of including in the contract alternative water provision means such as standpipes and water kiosks; and indicates that whenever possible, the Operator shall subcontract local standpipe and kiosk management to standpipe agents and to communities. (Provision 23).

 

Tracking Reference:

Contracting out water and sanitation services - Vol. 1 and Vol. 2: Guidance notes for service and management contracts in developing countries

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This document explains the lessons learned from contractual arrangements with third parties for service provision, and ways to deliver improved management service in the water sector mainly in low income countries. It provides examples and different ways that would enable a practitioner to understand local needs and carve existing and new solutions accordingly.

The document mentions some examples of protecting the interests of the poor, such as:

Circular - Project Development, Avoided Cost Tariff and Standardized PPA for Biomass Power Projects

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Vietnam 
Circular - Project Development, Avoided Cost Tariff and Standardized PPA for Biomass Power Projects of 9 December 2015. Standardized document developed by the Ministry of Industry and Trade of Vietnam and Deutsche Gesellschaft fuer Internationale Zusammenarbeit (GIZ) through their MOIT/GIZ Energy Support Program.

Victorian Industry Participation Policy (VIPP) Model Clauses for Request for Tender and Contract documents

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These sample provisions are for use by the public sector in tender documents and contracts where the Victorian Industry Participation Policy (VIPP)is applicable. They are not meant to be followed exactly, but to be adjusted according to the needs of the specific circumstances.

The model clauses cover several aspects of in projects such standard VIPP projects or those that have been categorized as strategic by the policy. This document for instance: