Public Private Partnerships in the Water Sector (eBook)

Table of Contents: Introduction; Public Private Partnerships - Solutions to Meet Infrastructure Investment and Management Improvement Needs; Characteristics of Urban and Peri-Urban Water and Wastewater Services; The Research Problem and Questions Arising; Methodology of the Research; Plan of this Research.  Background to the Sector & PPP: Water & Waste Water Service Sector Issues; Strategic Planning, Policy Considerations & the Country Context; Social Aspects; Incorporating Private Sector Participation; Literature Review and Considerations for PPP in the Provision of Water and Wastewater Services; Overview of Possible PPP Contract Structures; Key Requirements for a Successful PPP;  Partnerships between Public and Private Institutions; Managing the Stages of Development and Implementation of PPPs; Balance of Costs and Service Standards; Setting Service Standards and linking to Costs; Determining Tariffs and Subsidy Requirements; Performance Indicators.   Main Factors Influencing Effective Development & Operation of PPP Schemes: Performance Monitoring, Legal and Regulatory Issues; Performance Monitoring; Legal framework; Basic Principles of Regulation; Developing a Regulatory Framework for Effective PPP Agreements; Understanding and Managing Risk; Analyzing Responsibilities and Risks; Common Risks and Responsibilities; Political and Macroeconomic Risks; Water Sector Specific Risks; Risks Associated with Managing the PPP agreement; Funding and Finance; Considering Bankability; Structuring Finance for Water PPP Projects; Typical financing structure of a long term PPP agreement; Public Funding, Support and International Funding Institutions; Considering and Valuing Contingent Liabilities; Hedging; Refinancing; General Procurement Issues of PPP’s; Principles for Good Procurement and Managing the Bidding Process; Selection Criteria & Bid Evaluation; Prequalification; Choosing the Bidding Process; Submission, Opening and Comparison of Bids; European Union Position on PPPs; Dealing with Existing PPPs and Re-Negotiation; Why should Renegotiation and Adaptation Clauses be considered as part of the PPP agreement; Legal Issues related to Renegotiations; International Business Practices for Renegotiations.  Developing Sustainable PPP Arrangements: Improving Key Contract Provisions; Contract Form and Risk Allocation; General Provisions; Provisions Related to Service Standards and other Obligations; Provisions Applying to Implementation, Monitoring and Enforcement; Provisions Applying to Financing; Provisions related to Force Majeure & Termination; Various Standard Contractual Issues; Maintaining the Economic & Financial  Equilibrium of the PPP agreement; Dealing with the long term nature of PPP agreements: Provisions for Periodic, Extraordinary and Emergency Variations; Periodic Variations in PPP Agreements; Recommendations for Tariff indexation and Cost Pass-throughs; Improving PPP Structures;New Model: Output-Based long term PPP agreement; New Model: PPP Trust Structure; Dealing with Imperfect Data; Identification and Categorisation of Data; Differentiating between data to be collected at Bid and Post Contract Award Stage; Recommendations on Dealing with Imperfect Data; Contractual Provisions to Adjust for the Implications of Imperfect Data; Improving Procurement proposals for PPP agreement; Enhanced Procurement to deal with the Data Improvement Period; Prequalification and Award Recommendations; The Developer’s Remuneration and the Bid Price; Summary Conclusions and Recommendations; Annex 1 - European Legal framework and its implications on PPP; Annex 2 – Sector Specific Risk Matrix