Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
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<strong>Development</strong> <strong>of</strong> <strong>Policy</strong>, <strong>Legal</strong>, & Institutional <strong>Framework</strong> <strong>for</strong> the PPP Program in Malawi<br />
Final Report<br />
<br />
Monitoring contractors' per<strong>for</strong>mance through Key Per<strong>for</strong>mance Indicators<br />
VI.L. Phase II Unit Builds Deal Flow <strong>for</strong> Transition to Phase III Unit<br />
Building a “pipeline <strong>of</strong> deal flow” is investment-banking terminology that is equally applicable<br />
to PPP Units. At the macro level, it makes no sense to invest a lot <strong>of</strong> Government <strong>and</strong> donor<br />
money into a new PPP framework <strong>and</strong> Unit if there is not going to be a good stream <strong>of</strong> PPP<br />
transactions to provide Value <strong>for</strong> Money <strong>for</strong> the funds they have invested. At the micro level, a<br />
highly-skilled PPP Unit team will have nothing to do if there aren’t any transactions.<br />
So let’s think <strong>for</strong> a moment about where PPP transactions come from. Generally, PPP deals are<br />
more dem<strong>and</strong> driven than procurement transactions, which tend to be design driven. So the<br />
process <strong>of</strong> conceptualizing, identifying, <strong>and</strong> prioritizing potential PPP transactions comes from<br />
government bodies (<strong>and</strong> private entities, in the case <strong>of</strong> unsolicited proposals – which are dealt<br />
with in detail by the draft PPP Act <strong>and</strong> PPP Regulations included in the Annex to this report)<br />
that are tasked with service delivery. Examples are a Ministry <strong>of</strong> Transport developing a plan<br />
to exp<strong>and</strong> capacity in ports <strong>and</strong> airports, a water utility looking to exp<strong>and</strong> its distribution<br />
network or build a new treatment plant, a Ministry <strong>of</strong> Public Works looking to build some new<br />
highways using a toll road approach, <strong>and</strong> a Ministry <strong>of</strong> Health looking <strong>for</strong> ways to reduce the<br />
overhead in its public hospitals by contracting non-medical services to the private sector.<br />
Note that none <strong>of</strong> the above examples includes the PPP Unit. So PPP deal flow is not only<br />
“dem<strong>and</strong> driven,” it is “ground up” driven. The paradox is that the best PPP skills are in the<br />
PPP Unit, <strong>and</strong> yet most <strong>of</strong> the PPP deal flow is created by people who have the least training or<br />
experience in doing PPP transactions.<br />
In the various governmental bodies that are the source <strong>of</strong> PPP deal flow, the people involved<br />
are mostly civil servants, many <strong>of</strong> which have little or no experience in business <strong>and</strong> are thereby<br />
not familiar with the commercial dynamics that characterize PPP transactions. Their skills are<br />
usually in engineering <strong>and</strong>/or procurement, <strong>and</strong> those are indeed the right skills to manage the<br />
traditional relationship between government <strong>and</strong> the private sector, i.e. buyer <strong>and</strong> seller, known<br />
generally as procurement. So how do we enable these people to create PPP deal flow?<br />
The only answer is public awareness <strong>and</strong> capacity building. These people must be sensitized to<br />
the PPP program so that they will make the ef<strong>for</strong>t to identify PPP opportunities. Then they will<br />
nee conceptual training to enable them to develop PPP concepts in response to increased need<br />
<strong>for</strong> service delivery, <strong>and</strong> then to develop those concepts into initial PPP project designs. From<br />
that point, they will need capacity building to help them to prioritize their lists <strong>of</strong> potential PPP<br />
projects, <strong>for</strong> presentation within their government bodies, <strong>and</strong> then develop the highest ranking<br />
potential projects into business cases <strong>for</strong> submission to the PPP Unit.<br />
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 80