Risk Management in Transport PPP Projects
In the Islamic Countries
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pour le Développement – CREAD) for the provision of technical assistance in the
field of economic evaluation of major projects, including PPP initiatives. CREAD is
a public research institution under control of the Ministry of Higher Education
and Scientific Research (Ministère de l’Enseignement supérieur et de la
Recherche scientifique – MESRS), with 22 specialized research units and over 100
professionals offering multisector and multidisciplinary expertise;
o The National Regulatory Authority for Public Procurement (Commission
Nationale des Marchés Publics – CNM) under the Ministry of Finance , represents the
highest authority for the regulation of the public procurement. It is chaired by the
Minister of Finance and involves representatives of each Ministry. The Authority is
responsible for: (a) Participating in the programming and orientation of public
procurement, in accordance with the policy defined by the government; (b)
Participating in the development of public procurement regulations; and (c)
Supervising public procurement processes of projects of national relevance. The
Authority examines, deliberates and decides on the draft project contracts and
amendments under its competence. A national mechanismof conflict resolution for the
solution of disputes between the parties involved in public procurement processes is
also set within the authority;
o The National Agency of Intermediation and Land Tenure Regulation (Agence
Nationale d’Intermédiation et de Régulation Foncière – ANIREF), is finally worth
mentioning that deals with land use permissions and concessions;
 Contracting Authorities/Procuring Institutions:
o According to the Public Procurement Code, public bodies in charge of a public service
may act as a procuring authority. According to sector specific legislation the authority
in charge of the sector usually represents the procuring authority. These can be line
Ministries or heads of local authorities or general directors of a state owned company.
These authorities may also delegate their powers on the award and execution of public
contracts to other entities under their responsibility. Due to the size and relevance of
PPP initiatives, line Ministries (e.g. Ministry of Public Works and Transport) and or
their controlled enterprises has generally ultimate sector responsibility for the
contractual implementation of PPP projects. Sector Regulatory Authorities, for
instance the National Railway Investment Agency (Agence Nationale d’Etudes et de
Suivi de la Réalisation des Investissements Ferroviaires – ANESRIF), the Highway
Agency (Agence Nationale des Autoroutes – ANA) and the Urban Public Transport
Authority (Autorité Organisatrice des Transports Urbains – AOTU) are also worth
mentioning, that could both act as sector regulatory authorities and procuring
institutions.
Similarly to the existing legal framework, the existing institutional setting seems very
articulated with multiple institutions potentially involved directly or as consultative bodies in
the conception, development, implementation, monitoring and follow up of public procurement
investments, including PPP initiatives. The existing literature underlines the opportunity to
simplify the institutional degree of complexity together with the set up of a PPP dedicated