Typical PPP contract descriptions in a number of transport sectors Module 4: “Laws and Contracts” contains a section on contracts that describe the types of PPP contracts and the typical content and provisions of contracts, including type clauses of boiler plates. The section on agreements, obligations and guarantees describes other common elements of the contractual structure, including agreements with lenders. F. Where a replacement company is required, consider all possible effects of substitution The term “PPP contract” refers to contractual documents that govern the relationship between public and private parties in a PPP transaction. These documents outline the rights and obligations of the parties, the distribution of risks and the mechanisms for managing change. In practice, the “PPP contract” may include several documents and agreements. For more details, see Box 3.9: “What is the PPP Contract” (p. 155) of the ppp reference manual. In addition to the PPP contract, there will also be numerous contracts between the SPV and its suppliers and financiers. These include financing agreements between the SPV and its lenders, as well as shareholder agreements between equity investors (see how to finance PPPs to learn more about the structure of PPP contracts). The PPP contract can only enter into force when these other contractual agreements are in effect. The EPEC Guidelines Guide (EPEC 2011b, 23) lists the themes that should be addressed in a standard PPP contract – examples of standardized PPP contracts and contractual clauses contain other examples.
The PPIAF Toolkit for PPP in Highways (WB 2009a) section on contracts describes the extent of contractual agreements that are generally required for different types of PPPs. The PPP in Infrastructure Resource Center hosts a collection of current PPP contracts and examples of agreements for a number of types of contracts and sectors. In Chile, for example, the dispute settlement mechanism is enshrined in the Concessions Act. The World Bank Group`s report on recommended PPP contract provisions (WB 2017e) contains and analyzes certain contractual provisions dealing with certain legal issues that arise in virtually all PPP contracts, such as force majeure, termination rights and dispute resolution. Another useful resource is the World Bank`s Online PPP in the Infrastructure Resource Centre (PPPIRC-Types) – this website houses a collection of real PPP contracts and model agreements for a number of types of contracts and sectors. In order to verify the impact of contractual clauses on statistical classification, the Eurostat 2016 guide to the statistical treatment of PPPs (EPEC 2016) examines many contractual provisions relating to PPPs, which are typical of European PPP contracts. In this section, the concept of a ppp contract is referred to by the contractual documents governing the relationship between public and private parties with a PPP. In practice, the PPP contract may have more than one document. For example, a PPP for the design, construction, financing, maintenance and maintenance of a new power plant supplied in large quantities to a public transmission company may be regulated by an electricity purchase contract (AAE) between the transmission company and the PPP company, as well as by an implementation agreement between the relevant department and the PPP company. Any agreement can be made again… The Indian government`s planning committee provides an overview of the types of concession agreements for P3s for a number of transportation-related projects. At the national level, many countries have developed standard tender documents, standard contracts or turnkey contractual clauses, as well as instructions.
These include a series of jurisdictions with extensive PPP programmes such as the United Kingdom, Australia and South Africa. Standardized agreements are also increasingly being used for certain sectors to reduce the costs of each contract.