New Pro­ce­dural Rules for Se­lect­ing PPP Projects

Thai-American Business (T-AB) Magazine - - Property Trends -

The Pol­icy Board, es­tab­lished un­der the Act Al­low­ing Pri­vate En­ti­ties to Make Joint In­vest­ments in State Busi­nesses, has is­sued a No­tice set­ting out dif­fer­ent pro­ce­dural rules for the se­lec­tion and im­ple­men­ta­tion of pub­lic- pri­vate part­ner­ship ( PPP) projects.

The No­tice sets out two sep­a­rate pro­ce­dures, which ap­ply depend­ing on the es­ti­mated value of the project, as fol­lows:

Small projects. Projects val­ued at less than THB 1 bil­lion are deemed as small projects, which un­dergo a stream­lined ap­proval pro­ce­dure. If the rel­e­vant gov­ern­ment agency re­spon­si­ble for a project has its own rules and reg­u­la­tions for project ap­proval and im­ple­men­ta­tion, those rules will ap­ply. Once the project has been ap­proved by the rel­e­vant agency, it will be sub­mit­ted for pub­lic ten­der, un­less there are grounds for ex­emp­tion, as pre­scribed in the No­tice. For ex­am­ple, if any de­lay in im­ple­ment­ing a state project in need of im­me­di­ate fund­ing would cause dam­age to the pub­lic, the rel­e­vant agency may forgo the ten­der process. Medium- sized projects. Projects val­ued at more than THB 1 bil­lion but not ex­ceed­ing THB 5 bil­lion are con­sid­ered medium- sized projects. In gen­eral, the se­lec­tion pro­ce­dure for these projects in­volves the fol­low­ing five stages: re­view­ing the project pro­posal, screen­ing the project, im­ple­ment­ing the project through pub­lic ten­der, su­per­vis­ing and monitoring, and amend­ing the PPP con­tract, if nec­es­sary.

For more in­for­ma­tion con­tact Tilleke & Gib­bins at bangkok@ tilleke. com

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