Presentation on theme: "Confederation of International Contractors’ Associations ______________________________________________________________________________________________________________________________________________."— Presentation transcript:
Confederation of International Contractors’ Associations ______________________________________________________________________________________________________________________________________________ The Representative of the global Construction Industry
PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 2 Delivering Successful PPPs Roger Fiszelson CICA Special Advisor CICA PPP DAYS 2010 (Manila, March 24, 2010) ADB/WBI/CICA/IPFA
Delivering Successful PPPs The main lessons of the crisis Bad PPPs did not resist. Only those who deliver efficiency and socio-economic optimum will succeed. Can be undertaken only in a well designed institutional, legal and contractual framework. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 3
4 Delivering Successful PPPs The PPPs (concessions or PFIs) require a much more elaborated framework than the current general public procurement. Are not reducible to a single project financing of industrial type: they deliver a service to users which : cannot stop; will continuously record multiple changes ; will meet at once : the financial balance of the contract ; the socio-economic optimum to the users as well as the public entity.
Delivering Successful PPPs Absolute necessity: of a well designed institutional, legal and contractual framework ; Easy to implement ; Have clear and simple procedures ; To properly train officials : government department (central and local), agencies, etc The challenge : Reduce time to deliver the faster the socio-economic benefits ; Reduce transaction costs ; Lower financing costs ; Increased the legal and financial certainty of the project. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 5
6 Delivering Successful PPPs Presence of a coordinated chain of Institutions dedicated to PPP: Affirming the prima of the service to user and public authority Relying on ad hoc agencies : PPP task force, mission support, etc. supported with Capacity Building actions Controlled procedures. Competing in: The dissemination of law ; The training of procuring entities ; The dissemination of good practices ; The integration of lessons learned. Ensuring control of the person and public users.
PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 7 Delivering Successful PPPs A legal framework (I) Reflecting the different fields covered by the PPPs: Construction / rehabilitation of all types of infrastructure; Routine and heavy maintenance / Service ; Services delivered by intangible and assimilated assets. Covering different forms of PPP Concessions, in which the payment comes from the user; The PFI contracts, in which the payment comes from the public entity; The affermage ; Different types of stage management. Facilitating amendments to the contract by retaining the principles of : Mutability ; Keeping the economic balance of the contract; On foresight.
PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 8 Delivering Successful PPPs A legal framework (II) Establishing clear procedures for payment of the private partner Allowing the identification of costs : - Investment ; - Functioning ; - Funding. Their inclusion in the public accounts: - Principle of transparency ; - Control by users and the public authority. For creating the entity an obligation to pre-programming To highlight the problematic of the project; Question the appropriateness of using the PPP: the prior assessment process; Conduct a feasibility study : - To illuminate the choice ; - Check the Value for Money of the project.
Delivering Successful PPPs The Procurement: general principles Adopt differentiated rules of Procurement Open tender; Restricted tender ; Negotiated procedure ; Competitive dialogue for complex projects, offering real guarantees of security and confidentiality. Justify the choice of the retained procedure Establish clear, legible and complied with : In conducting the tender ; In awarding ; Establishing thresholds Compensate some of the best unsuccessful bids Consider an original way: cooperation rather than competition PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 9