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Risk Management in Transport PPP Projects

In the Islamic Countries

98

Developing specific expertise in the legal and financial structuring of PPP contracts

enabling:

o

Identifying and controlling the legal, financial and budgetary risks for the relevant

contracting authorities, through its expertise in the various branches of law involved

in PPP contracts;

o

Supporting the financing of projects that result in PPP contracts, through its expertise

in financing techniques, project financial modelling, engineering and knowledge of

national and international players involved in the financing of PPP contracts;

o

Ensuring the identification and dissemination of good contractual practices.

As part of its

support to the contracting authorities

at the various stages of the

implementation of PPP contracts, the CNP-PPP provides advisory and expertise to the

contracting authorities:

Carrying out, on behalf of the contracting authorities, the preliminary legal and financial

pre-feasibility analysis of any project that could be developed in the form of PPPs;

Assisting the contracting authorities at the PPP contracting stage to define the optimal

legal and financial structuring of PPP contract projects, the procurement procedures and

the tender documents and PPP contract projects;

Participating directly in the procurement procedures, including during the negotiation

phase of contracts, until they are signed;

Assisting the contracting authorities in the execution of PPP contracts, for instance in the

event of changes to PPP contracts, and in case of dispute resolution between the parties.

The CNP-PPP produces an

annual activity report

. This report includes the program of projects

to be carried out under the PPP model and the assessment of the progress of the ongoing

projects. In order to undertake such activity, the contracting authorities communicate to CNP-

PPP all preliminary and pre/tendering studies, the PPP contacts and the results of their periodic

monitoring of PPP contract execution. For this purpose, the CNP-PPP maintains a complete

database of all active PPPs in the country.

At present the CNP-PPP has a staff of around 20 experts in the field of

law, finance and

procurement

. Technical experts, such as engineers and planners, are not directly employed by

CNP-PPP, as these resources are made available by the Bureau National d’Etudes Techniques et

de Développement (BNETD), which is a large and highly specialized state-owned consulting and

engineering firm.

The CNP-PPP is also in charge of the management of a dedicated fund for

PPP-related studies

,

mostly relating to the procurement stage or strategic studies. Feasibility, technical and

procurement documents are instead paid by the funds for studies that are available at each

sector Minister or contracting authority.