The Public-Private Partnership (PPP) is defined as a method of signing and contracting under which a public authority (State, Local Community) calls upon a private partner. The latter is committed to à providing a global service that can combine financing, design, construction, operation and maintenance of an infrastructure providing or contributing to the public service. The private partner is remunerated either by the fees paid directly by users, or by payments from the public entity, conditional on the achievement of certain service performance levels.
This method of financing and public procurement is considered in the Gabon Emergent Strategic Plan (GESP). Its strategic orientations are set out in the country strategy document. One of its priority is the establishment of a text on PPP contracts. In a context where the availability of public financing is limited, PPPs represent an innovative approach to respond favorably to the deficit in quality structuring infrastructure. This is one of the best ways to promote development, due to insufficient investment, increasing pressure on the State budget and general concern about the services provided by State enterprises and agencies.
Gabon, in its approach to acquiring structuring infrastructures (roads, airports, ports, etc.), has decided to leverage PPPs to boost its emerging economic development. Thus, Ordinance No. 009/PR/2016 of 11 February 2016 on Public-Private Partnerships, ratified by Act No. 020/2016 of 5 September 2016, establishes the framework for the preparation, signature and execution of contracts and agreements and applies to all contracts and agreements concluded under the implementation of Public-Private Partnerships in Gabon.
Three implementing decrees have been drafted, adopted by the Council of Ministers and published in the Official Journal:
- Decree No. 000154/PR/MPIPCI of 18 May 2018 establishing procedures for the award of Public-Private Partnership contracts;
- Decree No. 000155/PR/MPIPPP of 18 May 2018 on the powers, organization and functioning of the Public-Private Partnership Steering Body;
- Decree No. 000156/PR/MPIPPP of 18 May 2018 on the powers and organization of the Evaluation Body for Public-Private Partnerships.
The publication of these three decrees implementing Ordinance No. 009/PR/2016 on Public-Private Partnerships provides Gabon with an appropriate legal and institutional framework for the implementation of PPP projects.