Under the Government’s policy on the development of public-private partnership adopted by the Council of Ministers in July 2017, the Ministry of Investment and Economic Development prepared guidelines concerning the preparation of PPP projects.
GUIDELINES OF THE MIED ON THE PREPARATION OF PPP PROJECTS (Volume I)
The Guidelines are a set of practical recommendations on how to prepare necessary analyses step by step so that the decision to initiate the selection procedure of the private partner under the public tender or concession procedure is correct. A practical attachment to the Guidelines contains forms which may be used during the preparation of the PPP project, e.g. a sample risk matrix or standard efficiency indexes for different sectors.
Guidelines on PPP (Volume I). Preparation of projects
GUIDELINES ON PPP – TENDER PROCEDURE (Volume II)
Volume II of the Guidelines on PPP is a practical guide which details the preparation and implementation of recommended actions at the stage of the tender procedure, i.e. of the selection procedure of the private partner, step by step. As stated by Jerzy Kwieciński, Minister of Investment and Economic Development in the introduction, “this volume of the Guidelines discusses the specifics of the negotiation mode for the selection of the private partner in a brief, understandable and complex way. Due care was taken to emphasize all the most important characteristics of the PPP procedure which distinguish it from the traditional modes under the Public Procurement Law and have a significant impact on the later stage of the performance of the investment”.
The respective Guidelines outline recommendations both for projects performed based on the PPP Act and based on the Act on the concession contract. The Guidelines refer to both large investments with the value of over PLN 40 million and PPP projects with a lower value.
Volume II. Guidelines on PPP – Tender procedure
GUIDELINES ON PPP. PPP CONTRACT (Volume III) – under preparation
Volume II of the Guidelines on PPP will contain sample contracts on PPP investments in various sectors. Templates will be prepared after an analysis aimed at the selection of the most important PPP investments of sectors for which it is worth preparing the template contracts to be used in practice as often as possible. Standard templates of the PPP contracts will contain various variants of contractual clauses adjusted, inter alia, to the remuneration model for the private partner, the form of the own contribution of the public partner or PPP including the establishment of a partnership or not.