National PPP Policy 2011 - Draft for Consultation - Principles governing implementation of Public Private Partnerships.

National Public Private Partnership Policy

Draft for consultation

Department of Economic Affairs

Ministry of Finance

Government of India

2011

2. Principles governing implementation of Public Private Partnerships  

2.1 For broad based and sustainable growth, the Government recognizes the need to engage with the private sector in diverse sectors through PPP frameworks. The overarching objectives of such partnerships are:  

2.1.1 Harness private sector efficiencies in asset creation, maintenance and service delivery;  

2.1.2 Provide focus on life cycle approach for development of a project, involving asset creation and maintenance over its life cycle;  

2.1.3 Create opportunities to bring in innovation and technological improvements; and,  

2.1.4 Enable affordable and improved services to the users in a responsible and sustainable manner.  

2.2 The PPP would be developed keeping in mind the following broad principles:  

2.2.1 Provide a fair and transparent framework to facilitate and encourage PPP mode of implementation for provision of public assets and/or related services.  

2.2.2 Ensure that the projects are planned, prioritized and managed to benefit the users and maximize stakeholders’ economic returns.  

2.2.3 Adopt an efficient, equitable, consistent, transparent and competitive process for selection of private partners, and ensure efficient governance over the project life cycle.  

2.2.4 Protect the interests of end users, project affected persons, private and public sector entities and other stakeholders.  

2.2.5 Encourage efficient delivery of public services by engaging proficient and innovative practices with the utilization of best available skills, knowledge & resources in the private sector.  

2.2.6 Achieve increased efficiency in the deployment of investments by setting out enabling frameworks for greater private sector participation in building future public assets and ensuring their long-term maintenance.  

2.2.7 Provide requisite provision in budgets for contingent liabilities for the sponsoring government, in various forms, such as, liabilities towards lenders in case of contract termination or minimum revenue guarantees.

2.3 Recognising the imperatives to accelerate the delivery of efficient Public Private Partnerships to achieve the overall development goals, the Government would develop programmes, guidelines and practices based on the broad principles enumerated above and, if deemed necessary, introduce changes to legislation and business rules to optimally deliver public services. A few critical interventions envisaged are:  

2.3.1 Preferred PPP implementation models  

The Government will formalise PPPs as the preferred implementation models, where adequate examples and a strong track record exist. Thus, wherever applicable, the Government will state the specific PPP model which will be used as an implementation priority. This will provide adequate clarity to Government entities and encourage them to adopt the identified PPP model as a priority.  

2.3.2 Enhancing transparency in PPP projects  

Ensuring transparency in Government processes is the topmost priority of the Government; PPP projects processes need to be transparent to retain the trust of the stakeholders. The Government has notified strong procedures that are to be adopted in the procurement of a PPP project. These ensure that a level playing platform is provided to all the bidders interested in the project. To further instill transparency, the Government will:  

i. Publish separate mandatory disclosures and fair practices which all PPP projects should follow.  

ii. Set up a dedicated dispute resolution mechanism to address issued related to bidding and award of PPP projects.  

iii. Develop new market based products, such as independent pre-bid rating, to assist investors in identifying well-structured PPP projects.  

iv. Explore possibilities of setting up a web based PPP market place to transparently market upcoming and ongoing PPP opportunities.  

2.3.3 PPP rules  

While structuring PPP projects, Government officers are required to exercise their judgment and take decisions that balance the interests of diverse stakeholders, including the interests of the Government. In order to guide the officers, the Government will publish defined set of PPP rules, including identification and procurement processes, critical clauses of a contract such as dispute resolution and arbitration, events of force-majeure and termination, monitoring of projects and management of contracts that will empower Government officers in project structuring and decision making.  

2.3.4 Auctioning  

In instances where PPP projects provide an implicit usage/ownership or exclusivity right over underlying natural resources, a process of market based price discovery of such natural resources would be the paramount consideration in PPP bidding and award. Alternatively, wherever the resources are provided for a specific use, such as use of land for a transport project, alternative exploitation of the land will be prohibited and this would be a non-negotiable position.  

2.3.5 Enabling smooth implementation of projects

In instances where one PPP project depends on another and the two projects are not taken up as one integrated package, the public authority shall facilitate and ensure completion of each project for benefit of the other.