• Good to see what has allready been achieved. Better to know what still needs to be done.
  • Precision, perfect timing and an eyefor what matters.
  • Doing the right thing at the right time.That's what seperates the best from the rest.
  • Achieving your goalswith a reliable partnerby your side.

Public-private partnership

We assist the public sector and investors, sponsors and banks in structuring public-private partnerships (PPPs). At Luther we have a wealth of expertise and experience from a large number of PPP projects, especially in civil engineering (new buildings, structural alterations, renovation). Luther is, and was, involved in numerous pilot projects (schools, hospitals, town halls, public swimming pools, prisons, etc.) in Germany. However, our team also provides advice internationally in current projects in Luxembourg, Switzerland and Belgium.

A key factor of our successful advisory services regarding PPP models is our interdisciplinary approach, which combines all the required qualifications for a project (economic efficiency calculation, financing advice, assessment and control from a building engineering perspective, and legal and tax advice). Our specialists are used to working with economic consultants and civil engineers as part of our interdisciplinary approach in order to find and implement the right solution for each project.

 

Our advisory services

Defining the project and general conditions

  • Clarifying our client’s budget
  • Documenting the actual situation with regard to the planned buildings or other construction work
  • Defining the project and the targets
  • Clarifying the general legal and economic conditions for a private operator model (PPP/private finance initiative (PFI))
  • Clarifying whether public subsidies can be obtained (from the state/the federal government/the EU)
  • Establishing an acceptance and implementation management procedure (political feasibility)

Determining the economic efficiency

  • Determining the costs which the client incurred in similar projects in the past
  • Calculating the costs that would be incurred if the client were to carry out the construction work by itself (public sector comparator (PSC))
  • Estimating the cost of construction and operation with a private operator model (PPP/PFI)
  • Analysing and assessing the risks
  • Comparative economic efficiency calculation
  • Recommendations as to the project decision

Preparations for the tendering procedure

  • Exploring the market (preliminary talks with prospective investors)
  • Determining the procurement procedure
  • Compiling the project information for candidates in the tendering procedure and/or for tenderers in the bidding phase
  • Drafting the EU notice
  • Goal- and function-oriented specifications (plan of the rooms)
  • Compiling the contractual documents

Implementing the procurement procedure

  • Notice for the EU-wide invitation to tender
  • Competition
  • Asking a selected group of tenderers to submit their tenders
  • Negotiations / competitive dialogue
  • Negotiating the contract(s) and clarifying the concepts with the group of tenderers
  • Recommendations as to the award of the contract(s)
  • Award of the contract(s)
  • Providing advice and assistance during review proceedings, if any

Monitoring the construction work

  • Project management
  • Contract controlling
  • Quality control, identification of defects
  • Preparations for and execution of the inspection

Contact

Henner-Matthias Puppel, Partner
Phone +49 201 9220 24037
henner.puppel@luther-lawfirm.com

Public-private partnership