Statement of the PPP Association on methodology of the concession bill

19. 9. 2007

PP Association has been contacted as a part of the mark up process by the Ministry for Regional Development with request on mark up for the proposal of the Concession Bill Methodology. Assessment of the proposed document and comments, especially concerning the interpretation of § 16 KZ, can be found in the attached document.

PPP Association Standpoint to the “Analysis of PPP projects” of the Ministry of Finance

25. 4. 2007

PPP Association was asked by the Ministry of Finance to comment on the document for a governmental session called “Analysis of PPP pilot projects”. The presented material confirms the justifiability and rationality during in assessing the efficiency of realization of selected pilot projects and also it confirms the results of partial studies realized by individual sector contractors and this way proves the necessity of comparing both basic realization scenarios.

Report on draft material for gov. proceedings “Quantification of PPP Contracts Commitments"

22. 2. 2007

The Ministry of Finance asked the PPP Association to comment on the draft “Quantification of PPP Contracts Commitments”. We regard the initiative of the Ministry of Finance about the quantification of PPP contracts commitments very advantageous. The principal parameter of succeeding in this intention we perceive as a complex system and long-term coordination of this activity, which shall follow corresponding methodology and regular monitoring and planning of PPP activities.

In the attached document, you will find reactions to this document, which concern the three key points:

1. Quality definition and features of the PPP projects
2. Clear specification of the aim of the material at central or regional public sector units
3. Contents and structure of data characterizing individual PPP

PPP Association standpoint to the sample placing documentation for a consultant

16. 1. 2007

On the basis of an appeal of the PPP Center, the PPP Association elaborated a standpoint to the standardized document called “Sample placing documentation for a consultant”. The presented document of the PPP Center results from the already commented placing documentations for a consultant and reflects other imperfections, which the private market communicated to the representatives of the public sector in 2006. The current version of the placing documentation contains and overwhelming majority of comments and imperfections, which the PPP Association informed about and this way becomes an understandable and nondiscriminatory tool for the public sector in the selection of consultants for pilot PPP projects.

Nevertheless even in such an understandable and nondiscriminatory document, we found 4 basic areas / points, which we consider principal and which we would like to comment on. The standpoint features topics and comments from technical, legal and financial consultants, who already have participated in tenders for the first PPP consultant and therefore may objectively provide with feelings of all private sector entities interested. With the reps of the public sector we will welcome a discussion or a workshop to this documentation, where we may mutually discuss our attitude.

PPP Association Standpoint to the Concession Act Amendment

14. 7. 2006

The amendment of the act was elaborated without actual experience with application of this act in practice. After thorough study and analysis of consequences of this amendment, the PPP Association decided to react and elaborated its Standpoint, which comments on four basic drawbacks of the amendment itself.

- Draft establishment of state allowance organization of PPP Center
- Decrease in the financial limit of estimated income of a concessionaire
- Regulation of confirmation of concession projects and concession contracts by authorities of regions and municipalities
- Budget supervision by the Ministry of Finance

PPP Association Standpoint towards actual documentation for consultant

19. 6. 2006

The standpoint has been commented by several dozens of association members, while the greatest share of this development process was handled by WG for legislation. The Standpoint was formulated on a basis of various comments by technical, legal and financial consultants and non-advisory members of association as well, thus it provides rather complex reflection of multiple point of views. The text concentrates primarily on qualification criterions, evaluation of placed offers and further recommendations. The Standpoint covers 9 key imperfections within all of actual 5 placing documentations and it will be used mainly in a process of sample placing documentation of consultant formulation prepared by PPP Centre.

Statement of PPP Association on proposal of regulatory statute of the concession bill

20. 2. 2006

PPP Association issued statement on the public notice dealing with concession bill, which has been sent for the mark up process to the Ministry for Regional Development.

The main comments on the current wording of the bill are following:

- Inaccurate definition of the term "investment costs"
- Strange character of structure on concessionary approval § 2 art. 3
- Inaccurate position of the concessionary project in case of concessionary dialogue.

PPP Association Standpoint to the Public Order Act

31. 1. 2006

PPP Association issued a standpoint to the current public order bill, which the Chamber of Deputies passed to the Senate of the Czech Republic in January 2006.

Individual PPP Association comments only concern article 51, paragraph 6, which both deal with joint and similar responsibility. This standpoint was presented to the Senate of the Czech Republic as a concept for further discussions of the act.

Amendatory adjustments to the amendatory proposal presented to the Ministry for Reg. Development

10. 10. 2005

In the attached documents there are two texts of article version of the concession act.

1) Amendatory text of the concession act presented to the Ministry for Regional Development.
2) Amendments beyond the amendatory text presented to the PPP Association.

Both these texts were presented to both committees of the Chamber of Deputies of Parliament, which discuss this act, i.e. Economic committee and the Committee for public administration, regional development and environment.

PPP Association – drafted Concession act amendatory versions

1. 9. 2005

Drafted amendatory version of the paragraphed Concession act, which the Chamber of Deputies passed in the first reading in the Parliament of the Czech Republic and subsequently presented to the PSP Czech Republic committees.

Standpoint to the Concession act

15. 8. 2005

PPP Association standpoint to the bill on concession contracts and concession proceedings of August 3, 2005, which the government Legislative board passed.

Standpoint to the use of indices connected to an applicant

1. 7. 2005

Standpoint to the use of indices connected to an applicant as a criterion for public order placing (evaluation criterion)

Standpoint to the Concession act

26. 5. 2005

PPP Association standpoint to the support of public and private partnership projects, to the bill on public and private partnerships (Concession act) of May 15, 2005, and to the drafted implementing decree to the act.

Association standpoint to the bill on public and private partnerships (Concession act)

15. 3. 2005

Association standpoint to the support of public and private partnership projects, to the bill on public and private partnerships (Concession act) of May 5, 2005, and to the drafted implementing decree to the act.

Association standpoint to the drafted bill on concession contracts and concession projects

24. 2. 2005

Association standpoint to the support of public and private sector partnership projects, to the drafted bill on concession contracts and concession projects of February 21, 2005

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