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Risk Management in Transport PPP Projects

In the Islamic Countries

223

The long-lasting experience of the country in entering PPP contracts and the pivotal role of UKAS

counterbalance the

quite vague legislative and procedural framework

. Neither a general PPP

law nor specific legislation to manage different PPP models exist. The existing PPP guidelines

are very generic and no sector-specific guidelines and tools exist. As a result, there is not a

formalized and well-defined system to carry out the necessary assessments to establish the need

for a PPP project and its viability.

Policy recommendations

On the basis of the above conclusions, the following policy recommendations can be formulated:

Political measures

: a broad evidence-based debate should take place at political level to

provide an assessment of the strategic approach adopted by the country so far, identify the

main challenges ahead and contribute to choices on the way forward, with a specific focus

on risk management practices. The debate should involve representatives from different

political positions and external experts in a consulting capacity.

Institutional and organizational measures

: to set up PPP department at the ministry of

Transport in order to empower officers at the ministry level to evaluate the viability of PPP

proposal before submitting it to UKAS and to closely monitor the operation phases of PPP

project.

Technical measures:

to minimize the risks of conflict of interest between the public and

private parties directly involved in the contract negotiation phase (especially for

unsolicited proposals), the recruitment of independent consultants should be considered

for due diligence and auditing procedures of technical design documentation, project

implementation and operation monitoring procedures.

Legislative measures:

possible changes in the existing legislation should be considered

to better regulate different PPP models in view of improving transparency in the

procurement (e.g. regulate unsolicited proposals) and monitoring of the implementation

and delivery of the PPPs.

Procedural measures:

for the appropriate management of PPP risks towards the

successful implementation of transport investments, risk management guidelines and

checklists should be considered for adoption. Further to the identification of the main risks

applicable to the PPPs over the course of the different stages of project life-cycle, those

guidelines should deal with risk evaluation (e.g. explaining the role of sensitivity analysis,

scenario analysis, risk quantification) and mitigation measures.

Statistics and surveys:

UKAS should continue to maintain the database in which it tracks

records of all PPPs projects in all sectors. Periodical publication of summary data on the

performance of the PPP contract could be considered in order to increase the level of

institutional transparency. Also, due consideration should be given to the possibility of

collection and publication of information and data on the management of contingent

liabilities and fiscal risks. Willingness-to pay surveys should be promoted by the Ministry

of transport before promoting large transport PPP project.