ACTIVITY IMPLEMENTATION PROPOSAL TITLE AIP Ref. DEVELOPMENT OF A PUBLIC-PRIVATE-PARTNERSHIP (PPP) POLICY WP2.28.1-1.032 Type of activity requested WP Activity N Category Amount in Euro Regulatory Framework and SOE reform at Regional level 1.1.2 1. Study 132.540 Contingencies (2%) 2.651 Work Programme Region/country 2 Total Cost 135.191 Swaziland Duration of Activity 6 months Sector Topic Overall Business Enabling Environment Public Private Dialogue STE 1 assigned STE 2 assigned Type of intervention Implementation modalities Framework contracts Service contracts Study Nbre 0 1 STE 3 assigned Description Study PPP Page 1 of 16
NAME OF THE REQUEST TITRE DE LA REQUÊTE REGION/COUNTRY CONCERNED PAYS OU REGIONS CONCERNES SECTOR CONCERNED SECTEUR OU THÈME CONCERNÉ DEVELOPMENT OF A PUBLIC-PRIVATE-PARTNERSHIP (PPP) POLICY Swaziland Upstream studies and Interventions on the enabling environment and State Owned Enterprises reform (Etudes en amont et interventions sur l environnement facilitant les affaires et la réforme des entreprises publiques) DATE OF THE REQUEST August 27, 2008 SUMMARY OF THE INTERVENTION REQUESTED RÉSUMÉ The objective of this assignment is to create an enabling environment for Public- Private-Partnerships guided by an appropriate legal, regulatory and institutional framework. Accordingly, the present project will develop a comprehensive, clearly articulated and pro-poor Public-Private-Partnership policy for the Kingdom of Swaziland; a framework for structuring win-win PPP deals; and set the stage to adequately manage and monitor PPP deals by developing operational manuals and guidelines. Page 2 of 16
NAME OF THE APPLYING ORGANIZATION: NOM DE L ORGANISATION ADDRESS: (STREET, POST CODE AND COUNTRY) ADRESSE (RUE, CODE POSTAL ET PAYS) CONTACT PERSON: PERSONNE DE CONTACT FUNCTION OF THE CONTACT PERSON FONCTION EMAIL ADDRESS ADRESSE COURRIEL TELEPHONE TÉLÉPHONE FA FACCIMILE Ministry of Economic Planning and Development, Government of the Kingdom of Swaziland P.O. Box 602, Mbabane, Swaziland Ministry of Finance Building, Government Hill, Mbabane, Swaziland Mrs Nomusa Tibane, Chief Economist, Ministry of Economic Planning and Development Jaqueline de Vogelaere-Koning, Technical Assistant, Ministry of Economic Planning and Development As above Nomusa Tibane: tibanen@gov.sz Jaqueline De Vogelaere-Koning: jacqie.koning@skynet.be Nomusa Tibane: +2684043765 Jaqueline De Vogelaere-Koning: +268 6326638 +268 40 48 154 SKYPE (if any) PARTNER ORGANISATIONS: Please indicate the name of the partner organisations and contact person(s), including their email adresses Merci d indiquer le nom des organisations partenaires, des personnes de contact et leur adresses email None Page 3 of 16
HOW THE PROPOSAL IS LIKELY TO LEAD TO FOLLOW-UP ACTIVITIES? COMMENT LA PROPOSITION EST-ELLE SUSCEPTIBLE DE CONDUIRE A LA PRISE EN COMPTE DES RECOMMANDATIONS ET DE DEBOUCHER SUR LA MISE EN OEUVRE D ACTIVITES DE SUIVI? Follow-up activities would mostly consist of monitoring and evaluating the impact of a new PPP policy in Swaziland, as well as training for implementing bodies/ministries. IS THE PROPOSAL CONSISTENT, COHERENT AND COMPLEMENTARY WITH OTHER INTERVENTIONS? EST-CE QUE LA PROPOSITION EST COHÉRENTE, CONSISTENTE ET COMPLÉMENTAIRE À D AUTRES INTERVENTIONS? The overall objective of establishing and implementing a PPP policy in Swaziland is poverty reduction, which is fully coherent with the National Development Strategy, the Poverty Reduction Strategy Action Plan and the Country Support Paper which outline cooperation with the EU for both 9 th and 10 th EDF. EPLAIN TO WHAT ETEND THE PROPOSAL IS SUPPORTED BY KEY STAKEHOLERS? EPLIQUEZ DANS QUELLE MESURE LA PROPOSITION EST SOUTENUE PAR LES PRINCIPALES PARTIES PRENANTES? The Ministry of Economic Planning and Development will be the principle stakeholder, together with private sector, donors and line ministries. All of these stakeholders are fully supportive of the development of a PPP policy. Once a draft policy is available, consensus will be sought from all stakeholders concerned. Page 4 of 16
ACTIVITY INTERVENTION LOGFRAME SUMMARY OF THE INTERVENTION REQUESTED Résumé The objective of this assignment is to create an enabling environment for Public- Private-Partnerships guided by an appropriate legal, regulatory and institutional framework. Accordingly, the present project will develop a comprehensive, clearly articulated and pro-poor Public-Private-Partnership policy for the Kingdom of Swaziland; a framework for structuring win-win PPP deals; and set the stage to adequately manage and monitor PPP deals by developing operational manuals and guidelines. The assignment will be implemented by PPP experts who will report to a Technical Committee. A final report will describe activities implemented and will contain recommendations for further steps to be taken. PROBLEM TO BE ADDRESSED : Problèmes à résoudre What is the specific problem which requires solution? Generally, Public Private Partnership (PPP) could refer to a mutual commitment implied in a contract between the public sector and private sector organizations for provision of goods or services. In this context, public sector refers to government and private sector refers to not-for-profit and for-profit entities. This relationship could be short or long term based with an aim to increase the involvement of the private sector in areas that have previously been primarily the responsibility of the public sector. The purpose of PPPs is to bring together the expertise of the public sector and the private sector to meet the needs of the public effectively and efficiently thus minimizing problems inherent within both public and private organizations. In Swaziland, as in many other countries, the government has entered into Public- Private-Partnerships, but many of these arrangements have not materialized due to a lack of legal and policy framework and guidelines. As such, the supposed benefits of engaging in such arrangements have not been fully realized. The creation of an environment that would be conducive for engagement into PPPs is a major step towards ensuring that these aforementioned complex challenges are addressed. In this vein, it then becomes necessary that such arrangements are guided Page 5 of 16
by a set of principles and norms within the context of that environment in which they are undertaken. In this regard, the need for the development of a comprehensive PPP policy cannot be overemphasized. This is particularly because as governments strive to attain efficiency and effectiveness in the delivery of quality public services in response to internal public demands, and under the influences of the New Public Management concepts, PPPs are becoming even more relevant. In the absence of such a policy guide, efforts to engage in such arrangements/relationships will be less fruitful. The development of such a policy would provide for the establishment of guiding principles for the formation of PPPs, a framework through which a cost-benefit analysis for engaging into PPPs would be undertaken as well as clear legal, regulatory and institutional frameworks for contracting and managing PPPs. PURPOSE OF ACTIVITY: But de la proposition Who are the beneficiaries and how will they benefit? How will the results of the activity solve the problem(s)? The specific objectives of this consultancy are: to develop a comprehensive, clearly articulated and pro-poor Public-Private- Partnership policy for the Kingdom of Swaziland; to develop a framework for structuring win-win PPP deals; to set the stage to adequately manage and monitor PPP deals by developing operational manuals and guidelines. The global objective of this assignment is to create an enabling environment for Public- Private-Partnerships guided by an appropriate legal, regulatory and institutional framework. The establishment of a feasible PPP policy will allow the Government of Swaziland to form strategic partnerships with private sector both within Swaziland and in the region. Such partnerships will contribute to improved service delivery which in turn will ultimately benefit all Swazis and contribute to poverty reduction. Page 6 of 16
EPECTED RESULTS : Résultats attendus What are the results expected from the activity? (one or more results will achieve the Purpose) The following results are expected: Conducting a situational analysis of PPPs in Swaziland Development of a PPP policy and strategic plan Development of operational manuals based on PPP project cycle and relevant tools, with due consideration to best practice internationally. RELATED PROGRAMMES AND OTHER DONORS ACTIVITIES: Autres programmes et activités Identify and describe the link, if any, between the proposed intervention and the activities and programmes of national/regional authorities and other sources of external assistance in the same sector. What is the added value or complementarities with the intervention requested? This intervention is coherent with overall development strategy in Swaziland (National Development Strategy, Poverty Reduction Strategy and Action Plan), as well as with donor programmes. Notably, a number of donors are currently in the process of programme preparation in the focal sectors: Health, Education and Water and Sanitation. PPP in these sectors will greatly enhance the outcomes of development programmes. Page 7 of 16
OVI AND SOURCES OF VERIFICATION : Indicateurs vérifiables et sources What is the quantifiable evidence of the results? Project objective(s) / Objectif global Project purpose / Objectif spécifique Results / Résultats Conducting a situational analysis of PPPs in Swaziland Development of a PPP policy and strategic plan Development of operational manuals based on PPP project cycle and relevant tools, with due consideration to best practice internationally Objectively Verifiable Indicators (OVI) Indicateurs objectivement vérifiables (IOV) Document Policy and Strategic Plan Manuals Sources Consultant Contractor Contractor Page 8 of 16
ACTIVITIES : Activités What are we / they planning to do? If any workshop/seminar, please indicate the number and type of participants expected Si un atelier/séminaire est organise, merci d indiquer le nombre et le type de participants attendus The project foresees the following activities: 1. Inception report (highlighting main difficulties, milestones following exploratory mission) 2. Conducting a situational analysis of PPPs in Swaziland Definition of PPPs in the context of Swaziland 3. Briefing of Technical Committee Finalisation and submission of 1 st report 4. Development of a PPP Policy and strategic plan: a. Clear definition and categorization of partners and different types of possible partnerships; b. Laying down guiding principles and norms for engaging in PPPs; c. Defining clearly articulated objectives and strategies, including the anticipated scope, principles and goals of PPPs; d. Defining a Framework for win-win partnership deals for all partners clearly demonstrating and articulating value for money and risk (financial and operational) transfer; e. Defining clear legal, regulatory and institutional frameworks for planning, implementing, managing, monitoring and evaluating PPPs; f. Outlining of selection criteria (or acceptable standards) for public and private entities to form partnerships; g. Laying down clearly local capacity building framework for planning, implementing, monitoring and evaluating PPPs; h. Ensuring conformity framework to international standards with relevance to developing countries 5. Briefing of Technical Committee Finalisation and submission of 2 nd report Page 9 of 16
ACTIVITIES : Activités What are we / they planning to do? If any workshop/seminar, please indicate the number and type of participants expected Si un atelier/séminaire est organise, merci d indiquer le nombre et le type de participants attendus 6. Development of operational manuals a. Soliciting of proposals, appraisal focussed on value for money and approval of potential PPP; b. Appropriate project management structure and capacity building; c. Setting of output specifications and Public Sector Benchmark (PSB); d. Budgeting, financial and accounting protocols, procurement procedures and auditing standards; e. Contract management; f. Monitoring and Evaluation; g. Post-project review 7. Briefing of Technical Committee Submission of 3 rd report 8. Final report Page 10 of 16
Inputs: Inputs Indicate the required working days per expert, travel and per diem Indiquer la répartition des jours de travail par experts, les voyages et les per diem Workload (including travel days) Expert 1 Cat. I Expert 2 Cat. I Total expertise Intern. Travel Per diem Inception Report 10-10 1 5 Conducting a situational analysis of PPPs in Swaziland 20-20 1 15 Briefing 5-5 - 5 Development of a PPP policy and strategic plan 25-25 1 15 Briefing 5-5 - 5 Development of operational manuals based on PPP project cycle and relevant tools, with due consideration to best practice internationally 20 15 35 2 25 Briefing 5 5 10 2 10 Final report 10 10 - TOTAL 100 20 120 7 80 Page 11 of 16
BUDGET BUDGET : What resources will be required for the planned activity (manpower, materials, timing etc)? Who will implement them? Title Unit Quant. Unit price Total (euros) (euros) 1. Study 132.540 Implementation modalities 1 Service contract - Fees Expert 1 - Cat I m/days 100 900 90.000 - Fees Expert 2 - Cat I m/days 20 900 18.000 - Per diem Experts Nights 80 88 7.040 - International Travel Experts Return 7 1500 10.500 - Meetings & Preparation of report (writing/editing, translating, presentation, printing and dissemination) Lumpsum 1 7000 7.000 Total without contingencies 132.540 Contingencies (2%) 2.651 TOTAL 135.191 Page 12 of 16
ASSUMPTIONS : Hypothèses What external variables could prevent the activity going ahead on time and/or if it does go ahead as planned, what external variables could stop a successful outcome (the result)? The successful implementation of the project depends notably upon the realization of the following assumptions: Building consensus amongst stakeholders on the draft policy Speedy approval of the final policy to create a legislative framework Sourcing of viable PPP opportunities IMPLEMENTATION MODALITIES: Number and types of contracts foreseen 1 Service Contract Page 13 of 16
IMPLEMENTATION PLAN TIMETABLE Activity Activité Month Mois (Main Deadlines in calendar weeks or months) 1 2 3 4 5 6 7 1. Inception report 2. Conducting a situational analysis of PPPs in Swaziland and definition of PPPs in the context of Swaziland 3. Briefing of Technical Committee + Finalisation and submission of 1 st report 4. Development of PPP policy and strategic plan 5. Briefing of Technical Committee + Finalisation and submission of 2 nd report 6. Development of operational manuals based on PPP project cycle and relevant tools 7. Briefing of Technical Committee + Finalisation and submission of 3 rd report 8. Final Report 9. Report translating, editing, printing and dissemination + Closure of project Page 14 of 16
ADDITIONAL COMMENTS FROM THE EPERT WHO ASSESSED THE REQUEST: Commentaires et remarques de l expert ADDITIONAL COMMENTS FROM THE RELATED DELEGATIONS OF THE EUROPEAN COMMISSION: Commentaires et remarques des Délégations de la CE concernées Page 15 of 16
DECISION OF THE VALIDATION COMMITEE Implementation approved Comments and remarks from the Validation Committee Implementation rejected Reason(s) for rejection Name-Position EC/AIDCO/C4 Signature Date Name-Position DG/DEV Signature Date Name-Position ACP SECRETARIAT Signature Date Name-Position ACP SECRETARIAT Signature Date Page 16 of 16