scholarly journals Novel procedures to choose the management of PPPs

2019 ◽  
Vol 3 (2) ◽  
pp. 196
Author(s):  
Bruno S. Frey
Keyword(s):  
Decision Making ◽  
Public Private Partnership ◽  
Suitable Choice ◽  
Random Choice ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Private Interests ◽  
New Procedures

There is a large literature on public-private-partnership, covering many different areas and aspects. This article deals with a specific but important aspect: the decision-making mechanisms to choose the management of PPP enterprises. In this sector, a suitable choice of managers is of particular importance because the persons chosen must balance the public and private interests. This is often difficult to achieve. Two new procedures are discussed, “Directed Random Choice” and “Rotating CEOs”. In each case, the advantages and disadvantages of the procedure of choosing the managers of PPP enterprises are discussed and evaluated. It is concluded that the two novel mechanisms should be seriously considered when choosing the managers of PPP enterprises.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

scholarly journals Understanding the Decisive Causes of PPP Project Disputes in China

Buildings ◽  
2021 ◽  
Vol 11 (12) ◽  
pp. 646
Author(s):  
Xiaoxiao Zheng ◽  
Yisheng Liu ◽  
Ruijiao Sun ◽  
Jinzhao Tian ◽  
Qi Yu
Keyword(s):  
Decision Making ◽  
Public Private Partnership ◽  
Risk Allocation ◽  
Relative Importance ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Holistic Understanding ◽  
Strategic Measures ◽  
Potential Sources

Disputes are inevitable in public-private partnership (PPP) projects and generate great losses of time and money in practice. If an in-depth understanding of dispute sources can be obtained beforehand, the process of PPP may become more smooth. This paper aims to identify and assess the causes of PPP disputes between the public and private sectors. First, 15 causes are explored based on the PPP litigation cases from China Judgments Online. Second, the Decision-Making Trial and Evaluation Laboratory (DEMATEL) method is utilized to provide a holistic understanding of the relative importance and define the cause-effect categories among PPP dispute sources. The results demonstrate that the top three decisive causes of PPP disputes are the repudiation of contracts (result category), lack of expertise and experience (reason category), and unreasonable risk allocation (result category). Further, dispute avoiding strategies are proposed to minimize or completely avoid the occurrence of PPP disputes. The outputs are expected to add meaningful insights to potential sources of dispute and dispute prevention mechanisms in PPPs. To some extent, the investors can develop strategic measures through the findings before entering into PPP markets.

scholarly journals Digital Transformation of Public-Private Partnership Tools

2021 ◽  
Vol 14 (3) ◽  
pp. 121
Author(s):  
Lyudmila Tolstolesova ◽  
Igor Glukhikh ◽  
Natalya Yumanova ◽  
Otabek Arzikulov
Keyword(s):  
Public Private Partnership ◽  
Digital Transformation ◽  
Digital Tools ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Private Partnership ◽  
Digital Platforms ◽  
The Public ◽  
Advantages And Disadvantages

The need for modern infrastructure as a prerequisite for sustainable development, poverty alleviation, and improvement of the quality of life of the population is a global problem that requires searching for and attracting large amounts of long-term investments. The presence of this problem in recent decades has led to the increasing implementation of complex and costly infrastructure projects through the public-private partnership (PPP) mechanism with high potential for attracting investment. This mechanism, in conditions of limited financial opportunities, allows one to combine the financial resources of the public and private parties for the implementation of major infrastructure projects. The limited use of existing tools at different stages of PPP projects and the increasing need for additional resources make it necessary to consider the possibility of using digital tools that complement traditional ones. For this purpose, the authors analyze existing financing tools, revealing their advantages and disadvantages, and identify and justify the possibility of using digital tools in the implementation of PPP projects. However, digitalization includes not only financing tools but also the development of infrastructure, including digital platforms needed to conduct such operations in the digital environment. As a result, a combined financing toolkit can be formed for each phase of project realization, including traditional and digital tools. The results of this study will become a basis for revealing the directions of the digital transformation of the PPP mechanism.

scholarly journals Public private partnership as a last resort for traditional public procurement

2006 ◽  
Vol 53 (3) ◽  
pp. 299-311 ◽  
Author(s):  
Viktorija Bojovic
Keyword(s):  
Public Sector ◽  
Public Services ◽  
Developing Economies ◽  
Public Procurement ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Management Culture ◽  
Complex Projects

This paper discusses recent changes in the way public services are delivered A marked increase in the cooperation between the public and private sector in the realization of complex projects, mostly concerning development of infrastructure, is the main characteristic of present-day developing economies. The creation of new, innovative agreements is driven by the limitation of public funds and an ever-growing demand for an increase in the quality of public services. Looking upon the western economies experience alternatives to the traditional public sector procurement are identified in the public/private partnership. The public/private partnership can be seen as one component in the rearrangement of the public sector with a management culture that focuses on the citizen or customer. Also included in this are accountability for results, investigation of a wide variety of alternative service delivery mechanisms, and competition between public and private bodies for contracts to deliver services consistent with cost recovery and the achievement of value for money. The partnership can be realized through an array of models and in this paper priority is given to the DBFO (design-build-finance-operate) model, due to its importance in implementation. The DBFO model is considered to be a synonym for the public/private partnership, as it is the most suitable for complex projects and gains the most benefits.

scholarly journals The attractiveness of public-private partnership for road projects in India

2022 ◽  
Vol 7 (2) ◽  
pp. 111-120 ◽  
Author(s):  
Mohammed Shakil Malek ◽  
Laxmansinh Zala
Keyword(s):  
Development Stage ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
Factors Affecting ◽  
The Public ◽  
The Road ◽  
Road Projects ◽  
Net Benefits ◽  
Descriptive Statistical Analysis

The objective of this paper was to have a study on the perceptions of stakeholders of Public-Private Partnership (PPP) projects for factors affecting the attractiveness of road projects in India. A questionnaire survey was conducted among major PPP project participants of Indian PPP road projects. Fifteen attractive factors were shortlisted through a literature survey for designing the questionnaire. Collected data was analyzed with factor analysis and descriptive statistical analysis. The findings resulted in three components: effectiveness of the private sector, effective time and cost management, and the public sector’s economic benefit. Eight factors were identified as highly affecting the attractiveness of PPP in Indian road projects. PPP provides ample diversity of net benefits to both the public and private sectors. During the project development stage, both sectors have to formulate decisions based on appropriate assessment criteria. Therefore, the reflection of attractive factors will assist the public-sector to select PPP in the road sector. It also helps to establish the strategy for road projects using PPP.

The Influence of Critical Success Factors on Value for Money Viability Analysis in Public–Private Partnership Projects

2017 ◽  
Vol 48 (4) ◽  
pp. 93-106 ◽  
Author(s):  
Khalid Almarri ◽  
Halim Boussabaine
Keyword(s):  
Critical Success Factors ◽  
Success Factors ◽  
Public Private Partnership ◽  
Value For Money ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Public Projects ◽  
Viability Analysis ◽  
Critical Success

Governments are increasingly entering partnerships with the private sector through the public–private partnership (PPP) model for the development of public projects. Value for money analysis is used to assess the viability of these ventures. This research aims to investigate the contribution of the PPP critical success factors to value for money viability analysis. Relevant data were collected through a questionnaire to establish the PPP critical success factors and value for money success criteria. Data were collected from 92 participants. The data obtained were analyzed using mean score, t-test, and regression analysis. The research found that government guarantees, macroeconomic conditions, shared authority between the public and private sectors, social support, and transparent procurement process contributed positively to value for money viability analysis. The results imply that practitioners should consider these key indicators for improving the value for money viability of PPP projects.

Fostering Public-Private Partnership

2020 ◽  
pp. 237-255 ◽  
Author(s):  
Vasaki Ponnusamy ◽  
N. Z. Jhanjhi ◽  
Mamoona Humayun
Keyword(s):  
Developing Nations ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Policy Initiatives ◽  
Digital Infrastructure ◽  
The Us ◽  
Us Government

This chapter intends to provide a review of cooperation between public and private sectors towards cybersecurity governance. With the partnership, government can have confidence towards the safety and protection of their national critical digital infrastructure. The goal of this chapter is achieved by analyzing some of the cybersecurity frameworks adopted by the developed and developing nations. The analysis is further carried out by investigating the public-private policy initiatives in their national cybersecurity framework. The chapter also investigates the effectiveness of the National Institute of Standards and Technology Cybersecurity Framework (NIST) adopted by the US government.

An evolutionary game analysis of user-pay public–private partnership projects

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Danrong Song ◽  
Jinbo Song ◽  
Hehui Yuan ◽  
Yu Fan
Keyword(s):  
Evolutionary Game ◽  
Public Private Partnership ◽  
Decision Makers ◽  
Successful Implementation ◽  
Game Model ◽  
Public And Private ◽  
Private Partnership ◽  
Content Type ◽  
Game Analysis ◽  
The Public

PurposeWith the growing demand for infrastructure and public services in recent years, PPP-UP have attracted a great deal of attention. However, while the user focuses on the payment for use and the private sector is concerned with its return on investment, the public sector pays more attention to the efficient utilization of public funds. In order to analyze the willingness of each stakeholder to join PPP-UP, an evolutionary game model involving the three parties is constructed.Design/methodology/approachAn evolutionary game model is established that considers the users and the public and private sectors in user-pay public-private-partnership projects (PPP-UP). Eight scenarios of equilibriums and the game's evolutionary stable strategies are analyzed, and the corresponding stability conditions are then obtained. A situation where all three players are willing to cooperate in theory is also examined. The key influencing parameters that affect cooperation behaviors are further discussed.FindingsFirst, the results illustrate that by properly adjusting the influencing factors, the cooperation status among the three parties can be changed along with certain evolutionary trends. Second, it is hard to modify unsatisfactory evolutionary stability by small changes in both the price compensation of and the construction and operation compensation. Third, it is necessary to involve the users in the decision-making process in PPP-UP and take their demands regarding benefits and payments into account.Originality/valueIn this paper, we focus on PPP-UP to research interactions among the public and private sectors and the users. Based on the analysis of the evolutionary game, to facilitate the successful implementation and development of a project, several conditions are needed to ensure tripartite cooperation. Several recommendations are then proposed for decision-makers in PPP-UP.

scholarly journals Priority-partnership approach as a mechanism for encouraging investment activities at the railway transport

2019 ◽  
Vol 67 ◽  
pp. 04014
Author(s):  
Oleg Vasyliev ◽  
Volodymyr Volokhov ◽  
Inna Volokhova ◽  
Olena Lukianova ◽  
Hanna Zhovtiak
Keyword(s):  
Global Economy ◽  
Structural Changes ◽  
Public Private Partnership ◽  
The State ◽  
Railway Transport ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Modern Economic ◽  
Partnership Approach

Modern economic conditions and the integration of the national economy into the global economy require structural changes and a search for a new model of relationship between the public and private sectors. The relevance of this article is determined by the fact that the existing scientific concepts have not formed a general understanding of the theoretical aspects for the implementation of public-private partnership at the railway transport, have not established development priorities and tasks of the state in the implementation of the mechanism of public-private partnership at the railway transport. Realization of the projects capable of maintaining implementation of the development priorities of the railway industry requires significant investments of private business and financial, organizational and legal support of the state. The authors substantiate the necessity of using public-private partnership at the railway transport of Ukraine for solving the most urgent current problem – renewal of the material and technical resources and bringing them in line with the requirements of the leading European countries. The proposed priority-partnership approach and the obtained results open up new opportunities for further research into the solution of the problem regarding the implementation of public-private partnership at the railway transport.

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