worldbank.org /28-12-2019
Resumen en español: No existe una definición ampliamente aceptada de asociaciones público-privadas (PPP). El laboratorio de conocimientos de PPP define un PPP como «un contrato a largo plazo entre una parte privada y una entidad gubernamental, para proporcionar un activo o servicio público, en el que la parte privada asume una responsabilidad significativa de gestión y riesgo, y la remuneración está vinculada al desempeño». . Las APP generalmente no incluyen contratos de servicios o contratos de construcción llave en mano, que se clasifican como proyectos de contratación pública, o la privatización de servicios públicos donde el sector público tiene una función limitada en curso. Para una discusión más amplia, vea PPP Knowledge Lab. Un número creciente de países está consagrando una definición de APP en sus leyes, cada uno adaptando la definición a sus particularidades institucionales y legales.
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There is no one widely accepted definition of public-private partnerships (PPP). The PPP Knowledge Lab defines a PPP as «a long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance». PPPs typically do not include service contracts or turnkey construction contracts, which are categorized as public procurement projects, or the privatization of utilities where there is a limited ongoing role for the public sector. For a broader discussion, see PPP Knowledge Lab. An increasing number of countries are enshrining a definition of PPPs in their laws, each tailoring the definition to their institutional and legal particularities.
Learn more about the range of agreements typically classed as PPP projects in PPP Arrangements and Types of Public Private Partnership Agreements.
PPP Arrangements / Types of Public-Private Partnership Agreements
Public-private partnerships (PPPs) take a wide range of forms varying in the extent of involvement of and risk taken by the private party. The terms of a PPP are typicaly set out in a contract or agreement to outline the responsibilities of each party and clearly allocate risk. The graph below depicts the spectrum of PPP agreements *.
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For a summary of each type of arrangement and sample agreements, see:
- Utility Restructuring, Corporatization and Decentralization
- Civil Works and Service Contracts
- Management and Operating Agreements
- Leases / Affermage
- Concessions, Build-Operate-Transfer (BOT), Design-Build-Operate (DBO)
- Joint Ventures and Partial Divestiture of Public Assets Full Divestiture
- Full Divestiture
- Contract Plans and Performance Contracts
You can also access checklists for agreements/sectors and sample clauses below:
*Note: Although the key features of each category are summarized, there is overlap between the categories and the name given to a particular agreement may not reflect this classic categorization. Care should also be taken to identify whether a specific classification is enshrined in the laws of the host country, as in the case of many civil law jurisdictions where there are strict definitions of «concessions» and «affermages». The sample agreements included in this section are not the full range of agreements associated with infrastructure projects. They agreements are NOT intended to be used as «models». Legal advice should be sought in the preparation and drafting of an agreement to ensure that it is appropriate and workable in the circumstances of a particular project, sector and country. For Terms and Conditions of this website, go to About PPPLRC.
Further Reading
For a discussion of the various forms of PPP arrangements, go to:
- Guidelines for Successful Public-Private Partnerships, European Commission, March 2003 (pdf) – These guidelines are designed as a practical tool for PPP practitioners in the public sector faced with the opportunity of structuring a PPP scheme and of integrating grant financing.
- Resource Book on PPP Studies. European Commission, June 2004 (pdf)
- Understanding Options for Public-Private Partnerships in Infrastructure: Sorting out the forest from the trees: BOT, DBFO, DCMF, concession, leases, J.Delmon, 2010 (pdf). This paper provides a methodology for categorizing public-private partnerships in infrastructure.
- EI Source Book – This online resources provides useful links regarding extractive industries: Different type of licenses, operating permits and contract types, concession agreements, production-sharing agreements, etc., can be found at EI Source Book.
What is the PPP Reference Guide?
What is in the PPP Reference Guide?
The Reference Guide provides the most relevant examples and resources on key PPP topics and helps readers navigate the substantial body of knowledge that has been generated across the world by practitioners from governments, international development institutions, academia, and the private sector. It is not a toolkit or a step-by-step guidebook; nor does it cover the specifics of PPPs in any given country or sector. Rather, the Reference Guide aims to help government officials and other interested parties in answering following questions:
- What are PPPs, and why use them?
- What kind of policy, legal, and institutional framework is need to ensure PPPs achieve their stated objectives efficiently and effectively?
- What is the process for developing and implementing a PPP project?
To better cover the range of topics which impact PPPs, the third edition includes new sections such as stakeholder communication and engagement, environmental and social due diligence, and climate change. Additional relevant sections include municipal PPPs and private participation in fragile and conflict-affected states.
Who should use the Reference Guide?
This Reference Guide targets government officials who wish to improve their knowledge of PPPs. Other parties, including civil society organizations, private sector participants, universities, or other readers will find different parts of this Reference Guide useful at different times. The Reference Guide is part synthesis and part bibliography. As such, it may be useful for both the newcomer to the PPP area looking for a structured introduction to key PPP topics, and the expert who may find additional references in some specific area.
To download the PDF of the complete Guide, please click here.
Who developed the Reference Guide?
The PPP Reference Guide Version 3 is a joint product of the: Asian Development Bank (ADB), European Bank for Reconstruction and Development (EBRD), Global Infrastructure Hub, the Inter-American Development Bank (IDB), Islamic Development Bank (IsDB), Organisation for Economic Co-operation and Development (OECD), United Nations Economic Commission for Europe (UNECE), United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP), and the World Bank Group.
Relevant resources
Those who wish to educate themselves on PPPs more thoroughly will find the APMG PPP Certification Guide (APMG 2016) a useful resource. Examples of well-formulated PPP manuals and toolkits are the South Africa PPP Manual (ZA 2004a), the Caribbean PPP Toolkit (Caribbean 2017), and the World Bank sectoral toolkits (WB 2016f)—for instance, the toolkit on roadways (WB 2009a).
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