1. Confederation of International Contractors’ Associations ______________________________________________________________________________________________________________________________________________ The Representative of the global Construction Industry

2. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 2 Delivering Successful PPPs Roger Fiszelson CICA Special Advisor CICA PPP DAYS 2010 (Manila, March 24, 2010) ADB/WBI/CICA/IPFA

3. Delivering Successful PPPs The main lessons of the crisis  Bad PPPs did not resist.  Only those who deliver efficiency and socio-economic optimum will succeed.  Can be undertaken only in a well designed institutional, legal and contractual framework. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 3

4. 4 Delivering Successful PPPs The PPPs (concessions or PFIs) require a much more elaborated framework than the current general public procurement. Are not reducible to a single project financing of industrial type: they deliver a service to users which :  cannot stop;  will continuously record multiple changes ;  will meet at once : the financial balance of the contract ; the socio-economic optimum to the users as well as the public entity.

5. Delivering Successful PPPs Absolute necessity:  of a well designed institutional, legal and contractual framework ;  Easy to implement ;  Have clear and simple procedures ;  To properly train officials : government department (central and local), agencies, etc The challenge :  Reduce time to deliver the faster the socio-economic benefits ;  Reduce transaction costs ;  Lower financing costs ;  Increased the legal and financial certainty of the project. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 5

6. 6 Delivering Successful PPPs Presence of a coordinated chain of Institutions dedicated to PPP:  Affirming the prima of the service to user and public authority  Relying on ad hoc agencies : PPP task force, mission support, etc. supported with Capacity Building actions Controlled procedures.  Competing in: The dissemination of law ; The training of procuring entities ; The dissemination of good practices ; The integration of lessons learned.  Ensuring control of the person and public users.

7. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 7 Delivering Successful PPPs A legal framework (I)  Reflecting the different fields covered by the PPPs: Construction / rehabilitation of all types of infrastructure; Routine and heavy maintenance / Service ; Services delivered by intangible and assimilated assets.  Covering different forms of PPP Concessions, in which the payment comes from the user; The PFI contracts, in which the payment comes from the public entity; The affermage ; Different types of stage management.  Facilitating amendments to the contract by retaining the principles of : Mutability ; Keeping the economic balance of the contract; On foresight.

8. PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 8 Delivering Successful PPPs A legal framework (II)  Establishing clear procedures for payment of the private partner  Allowing the identification of costs : - Investment ; - Functioning ; - Funding. Their inclusion in the public accounts: - Principle of transparency ; - Control by users and the public authority.  For creating the entity an obligation to pre-programming To highlight the problematic of the project; Question the appropriateness of using the PPP: the prior assessment process; Conduct a feasibility study : - To illuminate the choice ; - Check the Value for Money of the project.

9. Delivering Successful PPPs The Procurement: general principles  Adopt differentiated rules of Procurement Open tender; Restricted tender ; Negotiated procedure ; Competitive dialogue for complex projects, offering real guarantees of security and confidentiality.  Justify the choice of the retained procedure  Establish clear, legible and complied with : In conducting the tender ; In awarding ;  Establishing thresholds  Compensate some of the best unsuccessful bids  Consider an original way: cooperation rather than competition PPP DAYS 2010 (ADB, Manila, March 22-24, 2010) 9