PROACTIVE CONTRACTING IN FINNISH PPP PROJECTS

Public‐private‐partnership projects are long term, complex and very challenging contractual arrangements and relationships. They bring new roles for public sector and also for private sector in terms of construction and services. This paper will go through some features of the Finnish PPPs. Proactive law focuses in practical views as regards contract law and contractual issues. The main target is to prevent problems instead of confronting them. This paper will clarify what proactive law is about in terms of contract law and contracting especially in PPPs. For instance, 20–40 years’ partnership relation with PPPs brings up also dozens of different risks into the picture. This paper will discuss the risks and risk management in terms of proactive law and after that, focus on PPPs in Finland. Santruka Viešojo ir privataus sektoriu partnerystes (VPP) projektai ‐ tai ilgalaikiai, sude tin gi ir itin daug pastangu reikalaujantys sutartiniai susitarimai ir santykiai. Ne tik viešajame, bet ir privačiajame sektoriuje jie sukuria naujus, su statyba ir paslaugomis susijusius, vaidmenis. Šiame darbe apžvelgiami kai kurie Suomijos VPP bruožai. Iniciatyvi teise glaudžiai susijusi su prak ti nemis pažiūromis, sutarčiu teise ir pan. Pagrindinis tikslas ‐ išvengti problemu užuot jas sprendus. Šiame darbe paaiškinama iniciatyvios teises esme sudarant sutartis, ypač VPP. Pavyzdžiui, kai VPP trunka 20–40 metu, susiduriama su daugybe ivairiu rizikos rūšiu. Todel straipsnyje pirmiausia aptariamos rizikos rūšys ir rizikos valdymo būdai taikant iniciatyvia teise, o po to ‐ Suomijos VPP.

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Considerable Issues for Sustainable Public-Private Partnership (PPP) Project

10.31219/osf.io/h9gw4 ◽

2019 ◽

Author(s):

Abu Rashed ◽

Md. Mahmudul Alam ◽

Mohd Ekhwan bin Toriman

Keyword(s):

Risk Management ◽

Public Sector ◽

Service Quality ◽

Private Sector ◽

Public Private Partnership ◽

Private Partnership ◽

Factors Associated ◽

The World ◽

Environmental Considerations ◽

The Government

The implications of Public Private Partnership (PPP) concept has acknowledged utmost attention from different governments around the world especially in terms of service quality, efficiencies in procurement and risk management, extent of investment undertaken by private sponsor and the ability to generate managerial and technical capabilities. PPPs are seen as a way forward for creating a sustainable atmosphere in terms of economic, social and environmental considerations. However, the variations of PPP schemes have their own set of advantage and limitations over one to another vis-a-vis typical public sector procurement. While adopting and promoting PPPs in a country by the government and involving private sector for a particular PPP deal, specific issues and factors associated with the project must be considered for ensuring sustainability of the project as well as the interest of all stakeholders, i.e, government, private sector and the users. This study focuses on these factors that will help the involved parties to ensure the sustainability of the PPP projects and a fruitful win win contract.

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Public-Private Partnership in New Zealand and Malaysia

10.26686/wgtn.16984690.v1 ◽

2021 ◽

Author(s):

◽

Nordyanawati binti Rusmani

Keyword(s):

New Zealand ◽

Public Sector ◽

Private Sector ◽

Public Private Partnership ◽

Project Finance ◽

Vision 2020 ◽

High Quality ◽

Private Partnership ◽

The Public ◽

Quality Infrastructure

<p>The importance of high quality infrastructure and its maintenance lies in its ability to stimulate economic growth as it fuels business activities, creates job opportunities, markets product, and generates earnings (Yakcop, 2006a). In consideration of this importance, the public sector encourages private sector participation in the delivery of public services and infrastructure in terms of funding and expertise. A successful Public Private Partnership (PPP) is one vehicle used internationally. Both New Zealand and Malaysia acknowledge the potential of PPPs in delivering high quality infrastructure and services to the general public. Consequently, both countries made a move towards PPPs by creating PPP-specialized units and producing PPP guidelines. However, thus far, Malaysia has been more active in pursuing PPPs when compared to New Zealand‘s cautious approach to PPPs. Hence, the purpose of this thesis is to find out the reasoning behind this trend. Issues relevant to reasons for implementing PPPs, features of PPPs, allocation of risks, performance indicators and accounting for PPPs are analysed to justify this trend. This thesis finds that the Malaysian "Vision 2020" has signalled a government preference for PPPs, including its ability to encourage bumiputera participation. Further, the government has developed a system involving Special Purpose Vehicles and utilizing government-held superannuation funds for project finance aid. Consequently, the system reduces the transfer of risk from the public sector to the private sector partners. This has transcended the major issue in New Zealand where the lack of a competitive market has restricted the development of PPPs. A lack of public support has also contributed to New Zealand‘s PPP under-development.</p>

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Real-Life Incentives Driving Public-Private Partnership in Diagnostic Services

Ethiopian Journal of Health Sciences ◽

10.4314/ejhs.v30i3.12 ◽

2020 ◽

Vol 30 (3) ◽

Author(s):

Akram Baniasadi ◽

Ali Akbari Sari ◽

Abbas Rahimi Foroushani ◽

Mehdi Jafari Sirizi ◽

Ebrahim Jaafaripooyan

Keyword(s):

Public Sector ◽

Private Sector ◽

Health Sector ◽

Real Life ◽

Economic Incentives ◽

Public Private Partnership ◽

Structured Interviews ◽

Private Partnership ◽

The Individual ◽

Public And Private Sector

BACKGROUND: Diagnostic services are highly critical in the success of treatment processes, overly costly nonetheless. Accordingly, hospitals generally seek the private partnership in the provision of such services. This study intends to explore the incentives owned by both public and private sector in their joint provision of diagnostic services under the public-private partnership agreement.METHOD: A qualitative, exploratory study was employed in Tehran hospitals from October 2017 to March 2018. Around 25 face-to-face, semi structured interviews were conducted with the purposively recruited hospital managers, heads of diagnostic services and managers of private companies. Interviews were transcribed and analyzed using conventional content analysis, assisted by "MAXQDA-12".RESULTS: Three main categories and nine sub-categories represented the incentives of public sector, and four main categories and seven sub-categories signified those of private sector. The incentives of public sector included the status-quo remediation, upstream requirements, and personal reasons. As such, the individual, social and economic incentives and legal constraints were driving the behavior of the private sector.CONCLUSIONS: Financial problem and gain were the most noted incentives by the partners. Attention to the either side’s incentives and aims is likely to ensure the durability and effectiveness of such partnerships in the health sector.

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Private Sector in Affordable Housing? Case of Slum Rehabilitation Scheme in Ahmedabad, India

Environment and Urbanization Asia ◽

10.1177/0975425317748449 ◽

2018 ◽

Vol 9 (1) ◽

pp. 1-17 ◽

Cited By ~ 5

Author(s):

Darshini Mahadevia ◽

Neha Bhatia ◽

Bijal Bhatt

Keyword(s):

Public Sector ◽

Private Sector ◽

Affordable Housing ◽

Public Private Partnership ◽

Private Partnership ◽

The Public

The trend of involving private sector in affordable housing segment is observed globally. In India, it has been mainstreamed through the Pradhan Mantri Awas Yojana (PMAY) under which one component deals with in-situ slum redevelopment through the public–private partnership (PPP) mode in which the private sector brings in finance and skills to construct housing while the public sector provides land. Taking case study of one slum site, wherein the slum rehabilitation scheme has been implemented in Ahmedabad, this article narrates the bottlenecks faced in its implementation in spite of the agency of an NGO involved as a mediator in the process.

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THE DRIVING FACTORS OF CHINA'S PUBLIC-PRIVATE PARTNERSHIP PROJECTS IN METROPOLITIAN TRANSPORTATION SYSTEMS: PUBLIC SECTOR'S VIEWPOINT

Journal of Civil Engineering and Management ◽

10.3846/jcem.2010.01 ◽

2010 ◽

Vol 16 (1) ◽

pp. 5-18 ◽

Cited By ~ 38

Author(s):

Jing-Feng Yuan ◽

Mirosław J. Skibniewski ◽

Qiming Li ◽

Jin Shan

Keyword(s):

Public Sector ◽

Private Sector ◽

Public Services ◽

Transportation Systems ◽

Public Private Partnership ◽

Driving Factors ◽

Key Factors ◽

Private Partnership ◽

The Public ◽

Chinese Public

In recent years, China needs far more financing for transportation infrastructure than can be provided by the government alone. Meanwhile the capacity of the Chinese government to provide public services on its own in an effective and efficient way is being questioned and reassessed at various levels. Accordingly, the involvement of private investors in the development of Metropolitan Transportation Systems (MTS) has been promoted by the Chinese public sector by means of adopting the Public Private Partnership (PPP) model. However, China's dynamic and complex political, financial, legal and regulatory environment makes the private sector adjust to accommodate the existing regime by way of understanding the driving factors in PPP applications for improving the chances of project success. This paper presents two case studies in China's MTS. Based on a case study and comprehensive literature review, 15 driving factors associated with PPP projects from the perspective of the Chinese public sector have been identified. A structured questionnaire survey targeting the public sector has been conducted to seek, analyze and integrate its perception of the driving factors. Through statistical analysis of the relative significance of each of these driving factors, the writers determined five common major dimensions of the Chinese public sector's purpose in developing PPP schemes, and the key factors that quantify each purpose. The establishment of the measures for these objectives and the key factors that quantify each of these purposes will likely be useful in encouraging private participation in infrastructure management and directing/concentrating efforts of the private sector to deliver quality public services under mutually beneficial long‐term contractual arrangements. Santrauka Pastaruoju metu Kinijai reikia daug daugiau finansavimo transporto infrastruktūrai pletoti, nei gali suteikti vien šalies vyriausybe. Jos galimybes veiksmingai ir efektyviai teikti viešasias paslaugas tiriamos bei vertinamos ivairiais lygiais. Skatinamas privačiu investuotoju itraukimas i metropolijos transporto sistemu (MTS) pletra, taikant viešojo ir privataus bendradarbiavimo modeli. Tačiau Kinijos dinamiška ir kompleksine politine, finansine bei teisine aplinka priverčia privatu sektoriu derintis prie egzistuojančios tvarkos, atsižvelgiant i pagrindinius viešojo ir privataus bendradarbiavimo veiksnius, kurie padidintu projekto sekmes tikimybe. Straipsnyje pateikiami du Kinijos metropolijos transporto sistemu pletros pavyzdžiai. Remiantis nagrinejamais pavyzdžiais ir išsamia literatūros analize, iš Kinijos viešojo sektoriaus poziciju identifikuota 15 pagrindiniu veiksniu, susijusiu su viešojo ir privataus bendradarbiavimo projektais. Buvo atlikta apklausa, orientuota i viešaji sektoriu, išanalizuota, kaip pagrindiniai veiksniai suvokiami ir pritaikomi. Atliekant kiekvieno iš šiu veiksniu santykiniu reikšmingumu statistine analize, buvo apibrežti penki pagrindiniai Kinijos viešojo sektoriaus tikslu aspektai, pletojant viešojo ir privataus bendradarbiavimo schemas, ir pagrindiniai rodikliai, ivertinantys šiuos tikslus skaitine išraiška. Minetu tikslu nustatymas ir pagrindiniu skaitiniu rodikliu ivertinimas galetu būti naudingi, skatinant privatu sektoriu prisideti prie infrastruktūros valdymo, galetu padeti koncentruoti bei nukreipti privataus sektoriaus jegas kokybiškoms viešojo sektoriaus paslaugoms teikti, remiantis abipusiškai naudingomis ilgalaikemis sutartimis.

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Public Private Partnership in Transportation: The Case of the Washington State

Vikalpa The Journal for Decision Makers ◽

10.1177/0256090920070205 ◽

2007 ◽

Vol 32 (2) ◽

pp. 53-60 ◽

Cited By ~ 2

Author(s):

Edward Murray

Keyword(s):

Public Sector ◽

Private Sector ◽

Political Stability ◽

Public Private Partnership ◽

Transportation Infrastructure ◽

Private Partnership ◽

The Public ◽

Design Build ◽

The Us ◽

The Government

While the world has changed dramatically in the last five decades or so, transportation has not been able to keep pace with the overall development. However, in order to ensure prosperity of a country or a state, it is imperative that the ability to move people and products must improve. This paper examines the status of transportation infrastructure and its funding in the State of Washington, USA and suggests some new approaches towards public-private partnership (PPP) in the area. In the process, the success and some of the challenges of PPP are also discussed. In the US, traditionally, people were not charged direct tax such as a toll for using the roads, the primary mode of financing transportation being gas tax. The new sources of revenue collection being developed include: Specific roadway pricing Mileage-based user fees Real-time variable rate roadway pricing. Traditionally, in the US, the public sector shouldered the main responsibility for managing transportation�acquire right-of-way (ROW), design, finance, operate, own, and maintain while the private sector was only allowed to build roads following all the regulation and permits introduced by the government. The reformed PPP model awards ‘design-build’ contracts on a competitive ‘best-value’ basis instead of the conventional ‘low-bid’ basis and thus turn over the design build responsibility to the private sector leaving with the government the financing and maintenance of the roads. The idea is to give road to everybody while allowing the private sector to earn some profit and the public sector to save some money. However, PPP could face a problem if: the traffic and revenue estimates are wrong traffic and revenue risks are taken by private sector but at a huge price construction costs are underestimated the people do not accept the proposition the PPP legislation is not favourable. For any infrastructure project such as transportation to succeed, what is most critical is a set of factors including feasibility, essentiality, reliable revenue forecasts, collateral, credibility, political stability, and transparency. Above all, the government has the responsibility to all its citizens while the private sector is accountable to its stockholders and business partners. What is therefore important is to see how the two parties meet their obligations while building a suitable transportation infrastructure.

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Distortion of Government Policy Orientation in Public-Private Partnership (PPP)

Policy & Governance Review ◽

10.30589/pgr.v4i1.172 ◽

2020 ◽

Vol 4 (1) ◽

pp. 40

Author(s):

Alexsander Yandra ◽

Bunga Chintia Utami ◽

Khuriyatul Husna

Keyword(s):

Private Sector ◽

Government Policy ◽

Public Private Partnership ◽

Qualitative Approach ◽

Short Term ◽

Private Partnership ◽

Policy Orientation ◽

The Road ◽

On The Road

This study examines the issue of Public-Private Partnership (PPP) policy discrepancies in reducing waste management and the occurrence of distortion of disagreement between the city’s government and the private sector in interpreting the contents and the scope of the policy inϐluenced by the interests of various stakeholders, the private sector and daily workers. This study uses a qualitative approach on the results of ethical and emic data, discussing the content of short-term project-oriented policies, which are limited to the transport of waste to cause long-term policy orientation anomalies in the trash business, thus impacting the accumulation of waste on the road, termination of unilateral contracts and demonstrations by daily workers. For this reason, PPP policy implementation shows high interest but has a low contribution to the community in Pekanbaru.

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Public–Private Partnership Monitor: Georgia

10.22617/sgp210491-2 ◽

2021 ◽

Keyword(s):

Public Sector ◽

Private Sector ◽

Public Private Partnership ◽

Infrastructure Projects ◽

Policy Makers ◽

Private Partnership ◽

Private Sector Participation

This publication provides a detailed overview of Georgia’s public–private partnership (PPP) landscape to help public sector policy makers improve private sector participation in infrastructure projects.

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Public-Private Partnership: An Analysis of the Legal Features of PPP Instrument in the Albanian Reality

European Journal of Business Management and Research ◽

10.24018/ejbmr.2020.5.2.270 ◽

2020 ◽

Vol 5 (2) ◽

Author(s):

Artan Spahiu

Keyword(s):

Public Sector ◽

Private Sector ◽

Public Services ◽

Legal Framework ◽

Public Private Partnership ◽

Public Affairs ◽

Public Institutions ◽

Added Value ◽

Private Partnership ◽

The Public

Ensuring high productivity in public services has been required to be achieved by reducing costs and at the same time by raising standards. This is indeed a challenge intended for which the public sector has turned its eyes on the market. The latter's mechanisms and management methods used by the private sector in the production and delivery of services have become the management philosophy that has characterized public sector reforms in recent decades. Nowadays the main objectives of public sector organizations are to reduce costs and increase the efficiency of operations, which has steered these organizations towards the outsourcing model. Transferring or subcontracting a private entity for some of the operations of public institutions is a concept already known to public sector managers. Heads of various public institutions see the transfer of part of their operations or all operations to private entities as the proper way to provide added value public services. One of the widely used ways of engaging private parties in public projects is the Public Private Partnership (PPP). Implementation of this public-private partnership ensures immediate service availability, debt and public budget avoidance, management, technology and higher performance in service standards and contract enforcement. This type of engagement requires a great deal of attention to the legal framework in order for the private sector to participate in public affairs and services in a regular and reasonable manner and also in order to protect the public interest, maximize the value for money and ensuring appropriate risks sharing.

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