探索最适合赞比亚教育部门公私合作特许协议的模式

Bridget Mwaba Theresa Lwando, Anthony Mushinge
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摘要

众所周知,赞比亚公共部门在提供基础设施,特别是教育基础设施方面面临诸多挑战。因此,引入了公私合作伙伴关系(PPP)。尽管赞比亚教育部门可以从公私合作伙伴关系倡议中获得巨大利益,但设计不当的公私合作伙伴关系特许协议有可能使教育部门面临的现有挑战更加严峻。本文的目的是确定公私伙伴关系在赞比亚教育部门的应用程度,明确赞比亚公私伙伴关系特许权协议面临的挑战,并提出赞比亚教育部门可适用于公私伙伴关系特许权协议的正确模式。通过收集二手和原始数据,确定没有私营部门实体曾经或目前正在与政府签订学校基础设施采购特许权协议。公私伙伴关系中围绕特许权协议的挑战包括合同条款不明确、合同缺乏灵活性、任何一方的机会主义行为以及特许权协议的制定和过程受到保护。有鉴于此,赞比亚教育部门可适用于公私伙伴关系特许协议的正确模式包括适当的风险分配、充足的特许期、明确的角色和责任分配,以及纳入稳定条款。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Exploring Modalities Best Suited for Public Private Partnership Concession Agreements in the Education Sector of Zambia
The Zambian public sector has been known to face several challenges in the provision of infrastructure among others education infrastructure. Thus, the introduction of Public Private Partnerships (PPPs). In as much as the education sector of Zambia can benefit tremendously from the PPP initiative, poorly designed PPP concession agreements risk worsening existing educational sector challenges. The objectives of the paper were to establish the extent of application of PPPs in the Zambian education sector, identify the challenges surrounding concession agreements in PPPs in Zambia, and suggest the right modalities that could be applied to PPP concession agreements in the Zambian education sector. Both secondary and primary data was collected to establish that no private sector entity has had or is currently engaged in an ongoing concession with the Government in the procurement of infrastructure for schools. Challenges surrounding concession agreements in PPPs included contract misspecifications, lack of contractual flexibility, opportunistic behaviour by either party, and shielded concession agreement creation and process. In view of the foregoing, right modalities that could be applied to PPP concession agreements in the Zambian education sector include proper risk allocation, adequate concession period, clear allocation of roles and responsibilities, and inclusion of stabilization clauses.
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