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Guidelines on PPP

Guidelines on PPP

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

  1. Description of the subject of the contract on advisory services
  2. Schedule of documents and information on Public Infrastructure
  3. Sample questionnaire for private partners
  4. Sample questionnaire for financing institutions
  5. Sample description of the needs and requirements – roads
  6. Sample description of the needs and requirements – water-supply and sewage sector
  7. Sample description of the needs and requirements – construction sector
  8. Standard Key Performance Indicators – roads
  9. Standard Key Performance Indicators – water-supply and sewage sector (wastewater treatment plants)
  10. Standard Key Performance Indicators – construction sector (seat of the office)
  11. Sample risk matrix

 

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

  1. Sample time schedule of the Competition Dialogue with the participation of 5 private partners qualified to participate in the 5-round dialogue
  2. Sample time schedule of the negotiations with the participation of 5 concessionaires qualified to participate in the 4-round negotiations under the concession procedure
  3. Sample agenda for the 1st round of the Competition Dialogue
  4. Sample agenda for the 3rd round of the negotiations under the concession procedure
  5. Recommendable time schedule of the Competition Dialogue for Private Partner 1
  6. Recommendable time schedule of the negotiations for Concessionaire 1 under the concession procedure
  7. Sample matters for discussion during the rounds of the Competition Dialogue, proposed by the public entity
  8. Sample matters for discussion during the rounds of the negotiations, proposed by the Contracting Party under the concession procedure
  9. Sample rules and regulations for the negotiations

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.