STRUCTURING A PPP PROJECT

Process and overall structure of PPP contracts

After having successfully completed the preparation and feasibility processes and the structuring of the PPP project, the public partner has all the cards in hand to finalize the contractual documentation for the project, with the help of its advisers.

Generally speaking, there is no “standard” PPP contract that the public partner would simply complete. A PPP contract is a complex contract that involves being drawn up and drafted following a rigorous approach. If the project is funded by a donor, it should be checked whether the latter recommends a model contract.

The contractual translation of the sharing of responsibilities and the allocation of risks between the parties depends on the nature of the contract, the PPP formula chosen and the characteristics of the project. It is achieved through numerous provisions of the contract and its annexes, relating in particular to the respective obligations of the private partner and the public entity during the successive phases of the partnership, and to the conditions of remuneration of the private partner.