This content is exclusively provided by FAO / FAOLEX

Public Private Partnerships Guideline.

Country
Type of law
Miscellaneous
Source

Abstract
This Public Private Partnership Guideline serves as the primary source document guiding the implementation of Public Private Partnerships (PPPs) in Zimbabwe by providing detailed steps and processes to be followed by Contracting Authorities and Counterparties in the identification, development, appraisal, approval, implementation, monitoring and evaluation, and termination of PPPs. The Guideline provides a framework for the Government and private sector to collaborate on infrastructure projects, public services or other PPP initiatives.
More specifically, the guidelines shall (i) streamline the institutional framework governing public-private partnerships by establishing a structured process where the Cabinet, the Public-Private Partnership Committee, and the Ministry responsible for Finance act as the primary oversight and approval authorities, while the Zimbabwe Investment and Development Agency provides technical advice, evaluation services, and secretariat support to ensure all projects align with national standards; (ii) standardize the project lifecycle phases for identifying and selecting viable infrastructure projects through the mandatory use of standard guidelines, templates, and procedures by contracting authorities during project identification, prioritization, and initial screening to confirm that only projects with clear public interest and socio-economic viability proceed to the development stage; (iii) ensure meticulous project preparation, appraisal, and feasibility testing before market engagement by requiring contracting authorities to undertake comprehensive pre-feasibility and full feasibility studies that rigorously analyze technical, financial, legal, environmental, and social aspects, which must then be formally submitted to the Public-Private Partnership Committee for strict value-for-money and risk-allocation assessment; (iv) guarantee transparency, fairness, and competitiveness in the procurement of private counterparties through the enforcement of open competitive bidding as the default procurement method, governed by clear rules on the preparation of request for qualification and request for proposal documents, formal evaluation criteria, and structured negotiation protocols managed by dedicated project teams; (v) safeguard public finances and manage fiscal risks arising from long-term partnerships by integrating the assessment of contingent liabilities and fiscal commitments into the national budget planning framework, ensuring that the Ministry responsible for Finance evaluates and approves any government guarantees, subsidies, or financial supports before a project agreement is finalized; (vi) maintain high performance standards and accountability throughout the operational phase of the partnership by requiring contracting authorities to establish robust contract management units responsible for day-to-day monitoring, regular reporting on performance indicators, conducting joint project reviews, and executing formal dispute resolution or termination procedures when necessary.
Date of text
Notes
This Guideline shall be read together with the Fourth Schedule of the ZIDA Act and shall have the same force of application and legal effect.
Repealed
No
Source language

English

Legislation Amendment
No