Risk Management in Transport PPP Projects
In the Islamic Countries
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These new texts aimed at improving and strengthening the legal and institutional
framework of PPP contracts with a view to promoting development and simplifying the
implementation of this particular type of public contract in Côte d'Ivoire; the new decree
provided a new and more clear definition of PPPs and their contract arrangements and
strengthened the CNP-PPP's missions under the authority of the Prime Minister.
The main aim of the revised legal framework was to address some of the shortcomings of the
pre-existing legislation, which were also partly highlighted by reviews made by international
organizations such the IMF and the AfDB, namely:
 First of all, under the 2012 framework, the CNP-PPP was directly under the control of the
Presidency of the Republic; however, the Presidency is not an operational office of the
government, but rather the highest institution, which should not have direct implementing
role; on this basis, the 2018 decree moved the CNP under the authority of the Prime
Minister;
 Secondly, the composition and organization of the CNP-PPP was revised, reducing the
number of members from the institutions, excluding the state-owned companies and
generally streamlining its functions;
 Finally, the definition of PPPs included in the 2012 legal framework was quite complicated,
as it was based on a broad definition and a list of several and partially overlapping type of
contracts. In the new legislation, PPPs are more clearly identified based on the specificities
of such initiatives and the responsibilities in charge of the different parties.
It shall be noted that general provisions concerning public procurement and relevant for the
PPP initiatives are also included in the Public Procurement Law, which was adopted in 2009
(Decree N 2009-259 of 6 August 2009), transposing the directive 5/2005/CM/UEMOA adopted
by the UMEOA. This reformalso set up the institutional framework for the management of public
contracts, assigning the responsibility for government procurement oversight to the
Government Procurement Directorate (DMP), whilst the National Authority for the Regulation
of Government Procurement (ANRMP) is now responsible for market regulation. The DMP
ensures the traceability of the procurement plans of contracting bodies and authorizes each
stage of procurement for contracts worth more than CFA 100 million; in these cases, any
decision concerning the award of public contracts is provisional and must be approved by the
DMP. The ANRMP for its part is charged with overseeing the procurement system in order to
ensure its proper functioning; it also processes complaints from economic operators. Therefore,
whilst the DMP is responsible for verifying the compliance with procurement rules (control
function), the regulation of the public market procurement is assigned to ANRMP.
It shall be noted that these procurement procedures laid down in the Public Procurement Code
are generally applicable to the award of PPP contracts. Disputes are settled by the ANRMP, but,
in case of PPPs, the DMP does not intervene in the control process, as this function is performed
by the CNP-PPP.