The PPP ecosystem is focused on ensuring the prosperity of the public and business ecosystem.
OGP
(Órgão de Governação das Parcerias Público-Privadas)
DNPPP
(Direcção Nacional para Parcerias Público-Privadas)
CTPPP
(Comissão Técnica das Parcerias Público-Privadas)
EP
Project Team
(Equipa de Projecto)
Competencies and responsibilities
Composition
- Minister of Planning as coordinator
- Minister of Finance
- Head of the Ministerial Department responsible for the PPP project
Duties
a) Define the priority sectors for execution under the Public-Private Partnership regime and the criteria to support the analysis of the convenience and opportunity of contracting under this regime;
b) Guide the procedures for signing Public-Private Partnership contracts and approve the respective amendments;
c) To authorize the opening of procedures for the formation of Public-Private Partnership contracts, upon approval of the partnership launch report submitted by the entity preparing the process;
d) Approve contract instruments and amendments thereto
e) To assess and approve the six-monthly reports on the implementation of Public-Private Partnership contracts prepared by the CTPPP, using information from the Ministerial Departments, Provincial Governments, Local Authorities and public companies;
f) Preparing and sending the annual performance report on Public-Private Partnership contracts to the Head of the Executive Branch;
g) Make the annual performance report of Public-Private Partnership contracts available through an internet portal, with the information contained therein, except for that classified as confidential;
h) Monitor and evaluate the implementation of the Public-Private Partnership Program;
i) Propose the rules on the presentation of Public-Private Partnership projects;
j ) Establish the basic procedures for periodic monitoring and evaluation of Public-Private Partnership contracts;
k) Establish the Public-Private Partnership contract models, as well as the technical requirements for their approval;
l) Draw up the OGP’s internal regulations.
(Presidential Decree 316-19 – Regulation of the Law on Public-Private Partnerships, art. 4)
Composition
- National Director for PPPs
- Director of the PPP Structuring Department
- Director of the PPP Monitoring Department
- Technicians
Duties
a) Coordinate and monitor the development of public-private partnerships and concessions, in close collaboration with the Ministerial Departments and other central and local government bodies;
b) Define the Public Investment Projects to be implemented under a public partnership regime, in collaboration with the Ministerial Department responsible for Public Finances and other Central and Local State Administration Bodies;
c) Design the studies for the projects to be implemented under a public-private partnership, in collaboration with the other central and local government bodies;
d) Defining public-private partnership models, as well as following up and monitoring their implementation;
e) Exercise the other powers established by law.
The DNPPP is made up of the PPP Structuring Department and the PPP Monitoring Department.
(Executive Decree 160/24 – Internal Regulations of the National Directorate for Public-Private Partnerships – art. 3)
Composition
- Ministerial Department for Construction and Public Works
- Ministerial Department for the Energy and Water Sectors
- Ministerial Department for Transport
- Ministerial Department for Telecommunications and Information Technologies.
Duties
a) Propose to the OGP the definition of priority sectors for implementation under the Public-Private Partnership Regime and criteria for analyzing the convenience and opportunity of contracting under this regime;
b) To recommend to the OGP the approval of the launch of the partnership and the authorization to open public procurement procedures and consequent approval of the contract instruments;
c) Propose to the OGP the constitution of the Public-Private Partnership project teams;
d) Proposing to the OGP the procedures for signing Public-Private Partnership contracts and analyzing any modifications;
e) Draw up a proposal for a report on the monitoring, evaluation and implementation of PPP projects, to be submitted to the OGP;
f) Justify the model to be adopted, demonstrating the lack of comparable alternatives with greater technical and operational efficiency, as well as greater economic and financial rationality;
g) Demonstrate that the partnership is budget-friendly, taking into account the gross costs generated;
h) Demonstrate that all the conditions referred to in article 11 of Law no. 11/19, of May 14, on Public-Private Partnerships, have been met;
i) Exercise any other powers assigned to it by the OGP.
(Presidential Decree 316-19 – Regulation of the Law on Public-Private Partnerships, art. 6)
Composition
- The OGP Coordinator appoints the Project Team of 5 or 7 members and appoints its leader, who may be the CTPPP Coordinator.
- The Project Team includes 2 members appointed by the Head of the Ministerial Department responsible for the project, without prejudice to the body being represented on the CTPPP
Duties
The project team is responsible for carrying out the preparatory work needed to launch the partnership, namely:
a) Justify the model to be adopted, demonstrating the lack of comparable alternatives with greater technical and operational efficiency, as well as greater economic and financial rationality;
b) Draw up the strategic and economic-financial study to support the launch of the partnership;
c) Demonstrate that the partnership is budget-friendly, taking into account the gross costs generated;
d) Propose the solutions and measures most in line with the defense of the public interest;
e) Drawing up the drafts of the legal instruments for the pre-contracting procedure;
f) Demonstrate that all the conditions referred to in article 11 of Law no. 11/19, of May 14, on Public-Private Partnerships, have been met.
The project team has the power to request from the Ministerial Department of the area of the project in question or from the entities referred to in Article 2(1)(b) to (f) of Law no. 11/19, of May 14, on Public-Private Partnerships, as the case may be, all the information and technical support that may be necessary for the development and execution of the project, and all these entities must provide the information and technical support requested.
The project team, having heard the management body of the public entity concerned, when it is one of the entities referred to in Article 2(1)(b) to (f) of Law No. 11/19, of May 14, on Public-Private Partnerships, submits a reasoned report to the CTPPP, with a proposal for a decision.
The report referred to in the previous paragraph must include:
a) Analysis of whether the final version of the partnership project complies with the provisions of Article 11(1) and Article 12 of Law 11/19 of May 14 on Public-Private Partnerships;
b) The quantification of the gross direct and indirect costs for the public sector;
c) The potential impact of risks directly or indirectly affecting the public sector.
(Presidential Decree 316-19 – Regulation of the Law on Public-Private Partnerships, art. 9)