In 2017 the Guinean government introduced its first public-private partnerships (PPP) legislation (No 2017-32 of 4 July 2017 promulgated by decree on 24 October 2017).

There are good reasons to legislate on this particular type of project model. PPPs are gaining momentum as being a successful method for financing major projects. A framework to ensure transparency in the way projects are tendered, awarded and carried out protects both governments and investors.

The legislation also acts as one of the enablers for implementation of the Guinea government’s ambitious National Plan for Economic and Social Development 2016-2020. Existing laws in Guinea dealing with large scale projects only covered Build-Operate-Transfer style contracts. The introduction of the dedicated PPP law will encourage more PPPs in the country.

The new law introduces an additional concept to the traditional PPP model. It is the idea of a “spontaneous offer,” whereby a PPP can arise from the proposal of any person, and not just on the submission of a response to a tender procedure. This provision aims to stimulate the private sector to develop innovative projects for consideration by the Guinean authorities.

The article was also published in the GENI & KEBE Newsletter dated April 2018. It is reproduced with permission of GENI & KEBE.

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