QUESTIONS:

REPUBLIC OF ALTAI:

1. According to the project it is planned that after construction the investor will have the property rights for the object. The draft agreement on PPP includes the obligatory condition that after 10 years of exploitation the object will be bought to the municipal property.

According to the Federal Law of 21.07.2005 № 94-FZ, property can be bought to the state (municipal) property only through a tender.

Question: though investor is selected through a tender, how buying the object will correspond with the above stated Law and will this contradict to the Law or not?

Which Laws should we take into account to protect actions of the Region (Municipality), including the inspection by the Federal Antimonopoly Service.

2. Need advice on the following situation:

For a long time the object (building for kindergarten) will be exploited by investor. Here raises the question of the repurchasing price (repurchase at the depreciated cost is planned). During exploitation the building itself and equipment are wearing out, so there is a risk of improper condition of the building. At the same time investor can revalue the cost of the object and raise the depreciated cost to the moment of repurchasing. How to minimize risks for the regional budget?

3. Problem: the scheme is not clear. How to plan financial cooperation of regional budget and private investors for reimbursement of investor’s cost for maintenance children of the municipal order in the kindergarten (should we reimburse directly to the investor or to the parents and which legal base should we adopt to do this)

4. Is it possible to make amendments (additional requirements) to PPP agreements and to which conditions?

5. Are there any mechanisms to force the investor to change the conditions of the agreement?

6. Placement of municipal order –how to register it with the investor and to state it in the conditions of PPP agreement (for instance the investor should have 15 places for municipal order)

7. Often the long-term lease is used for social projects. Along with that the private investments are reimbursed by the rental payments, after the rental period the object should be incorporated to the state property (Great Britain experience)

Question: amount of such rent payments? (it should not be compensation to private investments to the object according to the law)

REPUBLICOFUDMURTIA

  1. Amount of guarantee for the fulfillment of the obligation of the private investor in the concession agreement
  2. Distribution of risks between private and public investors;
  3. Possibilities for ensuring the recurrency of private investor’s funds in PPP agreement for social objects – kindergarten, sport facilities
  4. Tariff regulation as the element for return of private investments in the projects of reconstruction of water facilities
  5. What is more rational – to hold competition for choosing the private investor after technical documentation had been developed or to include as the element of competition?
  6. Possibility to choose the private investor without competition with a due regard for Federal Law №94-FZ.

REPUBLIC OF TATARSTAN

What are the means for checking the reliability of commercial companies that plans to participate in the PPP projects

VOLOGDA REGION

  1. How to find and attract private investor to the PPP projects?
  2. How to minimize the loading on municipal budget with PPP projects?
  3. How to organize the process most effectively, which organization scheme should we choose?
  4. Which mechanisms can help to ensure cover of expenditures for private investors when organizing the social projects?
  5. We are in a search of experts who can provide turnkey development the PPP

MURMANSK REGION

We have several successful examples of PPP projects in the spheres where there is a commercial interest (concessions, lease with investment obligations, energy-service contracts). But private investors are not interested in the social objects. They just construct and then pass it to the state property (free of charge), but this is not PPP, just social responsibility of business

Question 1: Which objects of the social sphere can be commercially interesting for private investor?

Question 2: How to take stock of changes in prices during construction period? How to register it in the agreement?

Question 3: Horizon for budgetary planning is 3 years, approved for 1 year. The private investor is afraid that reimbursement of his expenditures will not be included in the budget for next period. Горизонтбюджетногопланирования 3 года, утверждаетсяна 1 год. Guarantees?