Académique Documents
Professionnel Documents
Culture Documents
July 2009 1
The background
The Ministry of Health of the Republic of Turkey (MoH) has developed and is
implementing a plan to expand and improve its medical education
education, training
and service delivery by creating a new, modern and efficient public health
infrastructure
To achieve this vision, it is calculated that a large number of important
projects are required totalling an investment of more than USD 5 billion
which the MoH plans to implement within a 5 year period
The main challenge for the MoH, will be to procure such projects in the most
efficient, cost effective and rapid manner, without overburdening the public
finances and straining g the limited p
public resources
Lead by the successful examples of similar programs that were implemented
in some European countries, and in particular in the UK, the MoH has
decided that a carefully designed Public Private Partnership program would
be the best way to effectively realize the project of creating a modern and
efficient health infrastructure in Turkey
July 2009 2
The Public Private Partnership
July 2009 3
Legal Framework
July 2009 4
Legal Framework – The Regulation
July 2009 5
Legal Framework – The Regulation
the right for the private sector to carry out non-clinical services within
the hospital facilities and other functional areas
the right for the private sector to establish joint ventures in the form of
either business partnerships or consortiums to bid for the contract
July 2009 6
Timeline for the Project
July 2009 7
Timeline for the Project
July 2009 8
The Kayseri PPP Project
L
Location:
ti K
Kayseri
iPProvince:
i 2
2,800,000
800 000 people
l
100 high
g security
y forensic p
psychiatric
y hospital
p
July 2009 9
The Project - Financials
July 2009 10
The Project - Structure
Non-Medical - As per the Regulation activities which the Project Company can
Functional carryy out within Non-Medical Functional Areas may y include the
Area: following:
-car park
-hotel
-bank branch
-restaurant
-conference
conference and culture centre
-internet and communication centre
-pharmacy
-day
day nursery
-fitness and diet centre
-taxi and transportation services
July 2009 12
Risk Allocations
Administration j p y
Project Company Shared
PLANNING
Project Approval Statutory Consent for 9
Project
L d
Land Ti l
Title 9
Superficies Right Responsibility for creating 9
Superficies Right
Responsibility for Site
Responsibility for Site 9 9
Conditions
for Unforeseen Ground
Conditions
Third Party Rights and 9
Compensation i e claims
Compensation, i.e. claims
for compensation from
private individuals in
relation to the Title to the
Site
CONSENTS
Construction Consents Responsibility for 9 9
obtaining all consents so
Administration to use
that the commencement
best endeavours to
best endeavours to
of the construction Works
facilitate the Project
can occur within 90 days
Company to obtain
from the Site Delivery
consents
Date
ITEM Description/Comments Risk Allocation
Construction Consents Responsibility for obtaining 9 9
all consents so that the
Administration to use best
commencement of the
endeavours to facilitate
construction Works can
j p y
the Project Company to
occur within 90 days from
obtain consents
the Site Delivery Date
Clinical Services Consents Responsibility for obtaining 9 9
all necessary consents to
Project Company to use
provide the Clinical Services
provide the Clinical Services
best endeavours to assist
the Administration to
obtain consents
Clinical Support Services Responsibility for obtaining 9 9
Consents all necessary consents to
all necessary consents to
Administration to use best
provide the Clinical Support
endeavours to facilitate
Services
the Project Company to
obtain consents
Commercial Activities
Commercial Activities Responsibility for obtaining
Responsibility for obtaining 9 9
Consents all necessary consents to
Administration to use best
provide the Commercial
endeavours to facilitate
Activities
the Project Company to
obtain consents
obtain consents
Operating Licence Responsibility from 9
obtaining the operating
licence from the General
Directorate of Curative
Directorate of Curative
Services of the Ministry of
Health
Design
Specification Responsibility for setting 9
design standards
(Administration's
Construction
Requirements)
Design Responsibility Responsibility in case the 9
Administration'ss
Administration
Construction Requirements
are not sufficient/correct
Design Compliance Responsibility for accuracy 9
of design data with the
Project Company's
Proposal, Tender
Documentation and
Documentation and
Preliminary Design
Design Responsibility for design 9
July 2009 15
Contruction
ITEM Description/Comments
p / Risk Allocation
Construction Responsibility for 9
construction
Cost Cost over‐run risk for design 9
and Construction (increase
in cost of row materials,
increase in cost for
workforce)
kf )
Programme Programme risk and 9
responsibility for delivering
unless the Project Company
on time or delay
is entitled to an extension
of time under the
of time under the
Agreement
Weather Bad or good weather that 9
does not amount to force
majeure
j
Defects Responsibility for defects in 9
design and construction
Defects Latent Defects 9
Changes Changes to design and
Changes to design and 9
construction requirements
due to new laws (Change in
law)
Additional works Additional works 9
(Variations)
Resources Labour, Equipment and 9
Materials required for
design and construction
works
Operations and Maintenance
ITEM Description/Comments Risk Allocation
Risk Allocation
Maintenance Responsibility for 9
maintenance works
maintenance works
Cost Cost of carrying out required 9
maintenance
Programme Programming of 9
maintenance works (Periodic
or Major)
Weather Effects of weather on 9
maintenance programmes
(to the extent does not
constitute an FM event)
tit t FM t)
Defects Unplanned Remedial works 9
Changes Changes to operation and 9
maintenance standards and
specifications (Variation to
Services)
Additional Works Additional Works (Variations) 9
Resources Labour, Equipment and
Labour, Equipment and 9
Materials to carry out works
Staffing Project Company (for non‐ 9
teaching and non‐clinical
staff) Administration (for
teaching and clinical staff and
management). Project
Company responsible for
hiring and paying own staff.
Legal
Administration Project Company
j p y Shared
Changes in Law General Changes in Law 9
Discriminatory Change in Law
y g 9
Health and Safetyy Compliance with health and
p 9
safety standards and law
Indemnity Indemnity for Direct Losses 9
sustained as a consequence
q
each party provides an
h t id
of:
indemnity to the other party
1. death or personal for Direct Losses
injury of respective
p y
employee
2. death or personal
injury of third party,
3. physical damage to the
Facilities
4. loss of or damage to
third party property or
assets
Financial Matters
Administration
d i i i Project Company
j Shared
h d
Operating Profitability No guarantee of 9
profitability or return on
investment
Inflation The Lease Payment will 9
be indexed in accordance
with the arithmetic
average of the Consumer
Price Index (CPI) and the
( )
Producer Price Index (PPI)
published by Turkish
Statistical Institution
Financing (interest rate
Financing (interest rate Responsibility for
Responsibility for 9
and tenor) obtaining capital financing
and refinance (if
necessary) for duration of
the Project.
Currency Payments will be made as 9
TRL
July 2009 19