scholarly journals Accountability in Government Contracts: A Measure of Performance from the Commitment-Making Officials?

2019 ◽  
Vol 5 (2) ◽  
pp. 199
Author(s):  
Mohammad Zamroni
Keyword(s):  
Research Method ◽  
Public Private Partnership ◽  
Government Contracts ◽  
Legal Research ◽  
Private Partnership ◽  
Contract Failure ◽  
Business Contract ◽  
Measure Of Performance ◽  
Government Contract

Public-private partnership is an alternative defrayal which gives chances for private sectors to get engaged in financing the government’s good and service suppliers through business contract. As contracts commonly made, failure may happen while implementing the contract, known as a tort. Therefore, government contracts are conducted by Commitment-Making Officials (hereinafter, PPK), authorized to make and implement it. Thus, the accountability over the contract failure is inseparable with the authorized PPK. This study aimed to examine the accountability of PPK when failures happen in the implementation of government contract. This paper using legal research method along with statute and conceptual approaches, the finding showed that PPK were accountable both as officials and individual. As officials, their accountability is apparent when they did tort on the provision mentioned in a government contract they had signed and established. As individuals, their accountability is apparent on which they did maladministration.

scholarly journals Risk Management in the Malaysian Build Operate Transfer Projects

2021 ◽  
Vol 3 (3) ◽  
Author(s):  
Usman Ahmad ◽  
Kashif Akram ◽  
Erum Fatima ◽  
Muhammad Hussain
Keyword(s):  
Risk Management ◽  
Research Method ◽  
Public Private Partnership ◽  
Infrastructure Development ◽  
Private Partnership ◽  
Selection Of ◽  
Extreme Risks

In Malaysia, Public Private Partnership (PPP) is one of the tools to develop infrastructure. Although, there are various forms of PPP projects but Build Operate and Transfer (BOT) is commonly used in infrastructural projects. Despite, the benefits of adopting PPP, there are a few issues that require focus of the practitioners and researchers such as; risk management in PPP projects. Therefore, this study describes the process of risk management in Malaysian BOT Projects as this PPP arrangement is applied in infrastructure development. The study has employed the exploratory sequential research method to achieve the objective. The results of the study concludes that most of the extreme risks are allocated to SPV thus selection of SPV is crucial for BOT projects.

scholarly journals Public-Private Partnership’s Contract in Malaysia: Some Areas of Concern in a Land Swap Arrangement

2017 ◽  
Vol 1 (3) ◽  
pp. 239
Author(s):  
Suzana Muhamad Said
Keyword(s):  
Public Private Partnership ◽  
Government Contracts ◽  
Private Partnership ◽  
The Public ◽  
Operations And Maintenance ◽  
Areas Of Concern ◽  
The Right

AbstractThis paper seeks to explore the public-private partnership initiative and salient provisions of government contracts in Malaysia. This paper further examines some areas of concern emphasising on a land swap type of contract. There are still many other provisions that need to be addressed for example on obligations, design and constructions, choosing the right type of contracts, operations and maintenance, sub-contracts, relief events, liability and damages, performance security, default and termination and dispute resolutions which is not dealt in this paper.   

scholarly journals Do countries learn from experience in infrastructure public–private partnerships? Public–private partnerships practice and contract cancellation

2019 ◽  
Vol 3 (1) ◽  
pp. 56
Author(s):  
Darwin Marcelo ◽  
R. Schuyler House ◽  
Cledan Mandri-Perrott ◽  
Jordan Z. Schwartz
Keyword(s):  
National Level ◽  
Public Private Partnership ◽  
Lessons Learned ◽  
Public Private Partnerships ◽  
Future Contract ◽  
Learning From Experience ◽  
Probit Regression ◽  
Private Partnership ◽  
Contract Failure ◽  
Extensive Body

Learning from experience to improve future infrastructure public-private partnerships is a focal issue for policy makers, financiers, implementers, and private sector stakeholders. An extensive body of case studies and “lessons learned” aims to improve the likelihood of success and attempts to avoid future contract failures across sectors and geographies. This paper examines whether countries do, indeed, learn from experience to improve the probability of success of public-private partnerships at the national level. The purview of the paper is not to diagnose learning across all aspects of public-private partnerships globally, but rather to focus on whether experience has an effect on the most extreme cases of public-private partnership contract failure, premature contract cancellation. The analysis utilizes mixed-effects probit regression combined with spline models to test empirically whether general public-private partnership experience has an impact on reducing the chances of contract cancellation for future projects. The results confirm what the market intuitively knows, that is, that public-private partnership experience reduces the likelihood of contract cancellation. But the results also provide a perhaps less intuitive finding: the benefits of learning are typically concentrated in the first few public-private partnership deals. Moreover, the results show that the probability of cancellation varies across sectors and suggests the relative complexity of water public-private partnerships compared with energy and transport projects. An estimated $1.5 billion per year could have been saved with interventions and support to reduce cancellations in less experienced countries (those with fewer than 23 prior public-private partnerships).

scholarly journals Public-Private Partnership’s Contract in Malaysia: Some Areas of Concern in a Land Swap Arrangement

2017 ◽  
Vol 1 (3) ◽  
pp. 239
Author(s):  
Suzana Muhamad Said
Keyword(s):  
Public Private Partnership ◽  
Government Contracts ◽  
Private Partnership ◽  
The Public ◽  
Operations And Maintenance ◽  
Areas Of Concern ◽  
The Right

AbstractThis paper seeks to explore the public-private partnership initiative and salient provisions of government contracts in Malaysia. This paper further examines some areas of concern emphasising on a land swap type of contract. There are still many other provisions that need to be addressed for example on obligations, design and constructions, choosing the right type of contracts, operations and maintenance, sub-contracts, relief events, liability and damages, performance security, default and termination and dispute resolutions which is not dealt in this paper.   

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