Article
Transport Policies Laws and International Agreements
Public-private partnerships (PPPs) in transport, whether roads, railways, light rail, buses, ports or airports, require a sound legal framework. The right for government authorities to enter into…
Article
Energy Laws and Regulations
General MaterialsWorld Bank Paper: Electrification and Regulation - Principles and a Model Law (pdf)World Bank/ PPIAF: Handbook For Evaluating Infrastructure Regulatory Systems (pdf)Materials…
Article
Managing Non-Technical Losses and Theft in Utility Contracts
Perhaps one of the greatest challenges in successfully operating a PPP related to utility services is to effectively deal with “non-technical losses” – a euphemism for theft – of utility services.…
Article
Procurement Laws
Role of International Financial InstitutionsMost international financial institutions, such as World Bank, the European Bank for Reconstruction and Development (EBRD) and the Inter-American…
Article
Concession and PPP Laws
Sub-Saharan AfricaAngolaPPP Laws/Concession Laws - AngolaBeninPPP Laws/Concession Laws - BeninBotswanaPPP Laws/Concession Laws - BotswanaBurkina FasoPPP Laws/Concession Laws - Burkina FasoBurundiPPP…
Article
Sources of Law
Constitution/CodeA country's Constitution is a set of fundamental ground rules setting out the powers of the different branches of government (i.e. executive, legislative and judicial ) and how these…
Article
Raw and Treated Bulk Water Supply Agreements
AustraliaMelbourne, Victoria - Bulk Water Supply Agreement between the Melbourne Water Corporation (MWC) and City West Water (CWW) (now Greater Western Water), one of the utilities for the city…
Article
Labor and Employment Laws
A host country's labor laws and existing employment issues are relevant to all public-private partnership (PPP) projects. This is true whether an existing service with existing employees…
Article
Performance Contracts
Whatever model of reform that is chosen for reforming public utilities, it has been found that these reforms can be made more effective if there is a performance contract in place between…
Article
Implementation Agreements for Power PPPs
Implementation agreements provide for direct contractual obligations and undertakings between the Government and the supplier or project company: the government is not usually a party to the power…
Article
Fuel Supply/Bulk Supply Agreement
Some issues that will need to be considered in a fuel supply agreement are:Quality of the fuel - what happens if it does not meet the specification?Quantity of the fuel - what happens if the fuel…
Article
Power Purchase Agreements (PPAs) and Energy Purchase Agreements (EPAs)
Key features of a Power Purchase AgreementA Power Purchase Agreement (“PPA”) is generally the primary contract between the public and private sector parties which underpin a power sector PPP. It is…
Article
Connection to Grid / Power Pooling Arrangements
Public private partnerships in power require also an Interconnection, Grid Connection of Power Pooling Agreement. This kind of contracts outline the responsibilities and fees for connecting the power…
Article
Legal Environment
When a government embarks on an infrastructure program or project, it is crucial to thoroughly evaluate the host country's legal environment and the broader context in which PPPs operate.…
Article
Addressing Legal Constraints
Following a review of issues in the legal environment of the host country that may have an impact on the scope of the proposed PPP program or project, the government needs to determine whether it is…
Article
Key Features of Common and Civil Law Systems
Under Sources of Law we explained that some countries will apply greater weight to certain sources of law than others, and that some will put more emphasis on judicial decisions than others.There are…
Article
Checklist: Drafting TORs for Advisors
WHAT TYPE OF ADVISOR IS REQUIRED? There are a number of potential advisors that a Government may need to consider using on an infrastructure project. For instance, if the project is looking at…
Article
Procurement Processes and Bidding Documents
Where PPP projects involve funding from the World Bank, then the World Bank Procurement Guidelines and Procedures will apply. This section also includes useful template bidding documents.Most of…
Article
Governance, Transparency and Anticorruption
Addressing Corruption Risks in Infrastructure ProjectsPoor governance and corruption undermine the economies of developing countries as well as the World Bank's core mission of poverty reduction and…
Article
Land, Environmental and Social Issues
Land Rights and AcquisitionEstablishment of rights and title over, and use of, land is key to infrastructure projects where a private service provider is investing in assets attached to land and…
Article
Full Divestiture and Privatization
Form of Divestiture and PrivatizationTypically a government intending to divest of utility assets will sell shares in the utility or transfer assets into a special purpose company and sell shares in…
Article
Joint Ventures and Government Shareholding in Project Companies
What are Joint VenturesJoint ventures between the public and private sectors in PPP arise when:when a contracting authority requires an equity stake ("shares") in the project company/ operator. This…
Article
Concessions Build-Operate-Transfer (BOT) and Design-Build-Operate (DBO) Projects
Concessions, Build-Operate-Transfer (BOT) Projects, and Design-Build-Operate (DBO) Projects are types of public-private partnerships that are output focused. BOT and DBO projects typically involve…
Article
Leases and Affermage Contracts
Leases and affermage contracts are generally public-private sector arrangements under which the private operator is responsible for operating and maintaining the utility but not for financing the…
Article
Structuring Management, Operation and Maintenance Services
What Are Management and "Operation and Maintenance" Contracts?The term "management contract" has been applied to cover a range of contracts from technical assistance contracts through to full-blown…