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Once a government has chosen an approach to private sector participation, selected a contractual option, and made basic decisions about the supporting regulatory framework, it must proceed to the task of drafting contractual documents and preparing regula

TitleWhat a private sector participation arrangement should cover
Publication TypeBook
Year of Publication1997
AuthorsWorld Bank -Washington, DC, US
Secondary TitleToolkit for private sector participation in water and sanitation / World Bank
Volumeno. 3
Pagination53 p. : 1 fig.
Date Published1997-01-01
PublisherWorld Bank
Place PublishedWashington, DC, USA
ISBN Number0821340034
Keywordsadministration, contracts, economic aspects, legislation, private sector, safe water supply, sanitation, sdipol, water authorities
Abstract

Once a government has chosen an approach to private sector participation, selected a contractual option, and made basic decisions about the supporting regulatory framework, it must proceed to the task of drafting contractual documents and preparing regulations - the subject of this toolkit. The toolkit provides checklists of the issues that should be covered in three basic kinds of contract: the concession contract, the build-operate-transfer (BOT) contract, and the management contract. Some of these issues may be covered in existing laws and so would not need to be addressed in the contract. Rather than attempt to provide model contractual language (which would be unlikely to apply in all the vastly differing circumstances that countries face), the checklists set out questions to which contracts and supporting regulations should provide answers. The checklists try to cover all of the main issues, but each project has different features and risks and every issue in a checklist will not apply to every project. Users will need to identify the issues relevant to their project. The toolkit provides a separate checklist of issues for each kind of contract, a checklist of risks that arise for contracts of all kinds and options for handling these risks, and a checklist of "boilerplate" clauses required in any contract. (author's abstract).

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