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Risk Management in Transport PPP Projects

In the Islamic Countries

184

The

PPP unit

;

The

PPP Council

.

For transport projects, the public contracting body is generally the Ministry of Transport, with

the exception of projects implemented in Aqaba, where ADC acts as the contracting authority.

The Figure overleaf taken from Jordan’s PPP guidelines illustrates the current allocation of tasks

between the private sector and the main institutional stakeholders.

Current institutional arrangements foresee that the

Ministry of Transport (acting as public

contracting authority)

identifies and selects potential PPP projects and prepares a PPP project

application. The

PPP unit

, which centralizes PPP expertise in a single government office, is in

charge of reviewing the application and submitting a recommendation for its approval or

rejection to the

PPP Council

, a body chaired by the Prime Minister and composed of selected

Ministers as well as the Governor of the Central Bank and the PPP unit Director. This body

supervises the overall PPP program and is responsible for PPP-related decisions, with the PPP

unit acting as the enforcement arm of the Council’s decisions. If the Council approves the PPP

project, the Ministry of Transport establishes a PPP Technical Committee, which supports the

Ministry in the subsequent phases. The Ministry, with the Technical Committee’s supervision,

thus carries out through a PPP transaction advisor a PPP feasibility study, which is then subject

to the revision of the PPP unit and the approval of the Council. The study includes parts on risk

identification and assessment and a preliminary foreseen risk allocation. The transport-specific

part of project preparation is under the responsibility of the Transport Ministry, while the

revision of the PPP unit focuses on PPP-related aspects and in particular on the project’s

bankability, sustainability and risk sharing. Once project preparation is completed, the Ministry

issues tendering documents for the identification of the

private sector operator

. After the

tender has been awarded, the private operator and the Ministry negotiate on an initial PPP

contract draft, which includes a provisional risk allocation. As for previous steps, the contract is

reviewed by the unit and approved by the Council. After this, its stipulation between the private

operator and the Ministry can take place. The two actors thus enter the contract management

phase, during which the Ministry is in charge of monitoring performance and risks, as well as

taking remedies to mitigate risks.