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A comprehensive guide to the essential elements of a contract management plan for public-private partnerships (ppps) in roads and highways. It covers the agreed partnership approach, service delivery management, ppp agreement administration, key challenges and tasks, roles and responsibilities, penalties, reporting of results, payment mechanisms, and mechanisms for managing change and problem solving. The document also outlines the three stages of contract management: procurement, development or construction, and delivery.
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T o o l k i T f o r P u b l i c - P r i v a T e P a r T n e r s h i P s i n r o a d s & h i g h w a y s
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The Contract Management plan must be prepared by the Contracting Authority and agreed by contract signing. Its essential elements include:
The bases of these arrangements will be the provisions in the contract covering service delivery and payments. The main arrangements in the Contract Management Plan will include:
The overall aim should be to develop a framework in which the contracting agency and the concessionaire can work in partnership together. The Contract Management plan should not be too complex in order to maximize its effectiveness and avoid costly and difficult to enforce activities.
There are generally 3 stages in the development of Contract Management:
- Procurement Stage: Rules are established for the life of the Contract.
T o o l k i T f o r P u b l i c - P r i v a T e P a r T n e r s h i P s i n r o a d s & h i g h w a y s
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- Development or Construction Stage: From award of contract to the start of output based revenue. (This may be divided into two phases i.e. from contract award to construction commencement and construction). - Delivery Stage: Provision and use of contracted services.
The Procurement stage requires the laying of foundations for the future partnership even though it will be at a time of negotiations. However, good relationships should not be at the expense of the government’s rights and expectations under the contract. Ideally, the Contract manager designate should be party to the negotiations and contract.
The contract must allow for monitoring of performance against which payments will be made. Monitoring requirements will be based on objectives and clear quantitative data. The implications of poor performance must be spelt out. Good practice suggests that the Contract Management requirements, including monitoring and auditing processes should be made clear even at the bidding stage, with bidders encouraged to propose Contract Management procedures that are effective and minimize cost and time burdens on both parties.
At this stage, issues commonly include:
Issues commonly arising include;