According the World Bank’s Senior Counsel Christina Paul, the provisions stand as guidance note meant to help governments prepare PPPs that deliver much-needed infrastructure and public service.
She said that the the guidance explains how governments can protect their rights while ensuring the reasonable rights of their private partners.
Last year, the government amended the Public Private Partnerships (PPP) Act with the major aim to increase efficiency in planning, decision and approval of the joint projects for mutual benefits.
Speaking during the consultative meeting yesterday, Paul noted; “the complexity of PPPs frequently means that considerable time and expense is involved in preparing and finalising PPP contracts. To make the contractual drafting process quicker and less expensive, many countries and especially those with well-established PPP programmes, have undertaken efforts to standardize the provisions in such contracts.”
She said that the aim of the meeting was to capture inputs and recommendations by all relevant stakeholders to help inform the updated version, expected to be released in mid-2019.
‘‘The Guidance offers great learning material for legal and other PPP practitioners both from the public and private sector. Use of this guidance document will increase confidence in PPPs and avoid disputes during their implementation,” Paul said.
She further noted that to assist contracting authorities in developing and emerging markets to prepare PPP contract clauses in line with international good practice and standards, the World Bank initially developed the Guidance on PPP Contractual Provisions, 2017 edition, which focused on eight critical contractual provisions that are most essential for a project’s bankability and are found in virtually every PPP contract.
For his part, PPP Commissioner in the Ministry of Finance and Planning, John Mboya said that the government is currently working on developing model documents for small, low-risk PPPs.
The model documents have been developed with World Bank assistance through the Tanzania PPP Support Program funded by the United Kingdom’s Department of International Development.
“We are also finalising guidelines review process for PPP agreements