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The situation of public budgets is quite scarce nearly all over the world.
On the other hand the demand for an appropriate and modern
public infrastructure is high and further growing. A gap has been
opened between increasing needs and insufficient means to cover
these. Public-Private Partnership (PPP) is a new approach to solve these
problems. Meanwhile countries like the USA and Great Britain apply
the PPP-system on a large scale. But in Germany public entities were
following very reluctantly over many years.
In respect to the rapidly growing need for investments in public
buildings, the continues economic crisis of the construction sector and
the proven efficiency of PPP projects abroad, the attitude towards
alternative forms of public procurement changed positively.
The legislator took notice of these developments by improving the
basic legal parameters in favour of PPP solutions and by establishing
PPP task forces both on federal and state level. The task forces have
published guidelines and promoted PPP pilot projects on several
public buildings, e.g. schools, town halls and administration buildings.
This Master Thesis describes the existing models, instruments and
elements of the PPP system. It mentions chances and risks of PPPs. The
international experiences are compiled and summarised, considering
some selected countries as examples.
The latest developments and first experiences of PPP in Germany are
critically reviewed on the basis of the situation both of the public
sector and the private business. There are still hindrances in the public budget law, the public procurement law and the tax legislation. These hindrances are
elaborated in order to develop appropriate solutions and
recommendations for application. PPP is not the more efficient way of public procurement per definition. The economic efficiency has to be proven by the economic comparison of the PPP solution with the conventional procurement.
The thesis recommends ways to a fair and well balanced economic
comparison. The application of the Public Sector Comparator (PSC) is
outlined.
PPPs are based on output oriented specifications. Contrary to the
conventional way, the bidding process for a PPP project is a
competition both of price and design. The features of output oriented
specifications are described and recommendations for the tendering
process are given. Another important element of PPPs is the allocation of risks. The
identification, the evaluation and the distribution of risks are
elaborated. Any risk shall be allocated to the partner best able to
manage it in a cost effective manner. Furthermore, fiscal problems, the political and social context and issues of financing are shown. |
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