Contractual arrangement

[duncandewhurst]

From #251:

SIF's SOURCE platform includes a Contractual Arrangement field with the following codelist:

* User-pays PPP

* Government Pays PPP

* PPP

* Concession

* Lease to Concession Transformation (specific to Ukraine)

* Design Build Operate

* Design Build Maintain

* Design and Build

* Build Only

This codelist seems to mix information on the functions that the private sector is responsible for (Design, Build, Operate, Maintain), the payment mechanism (user or government) and the contract arrangement (PPP, concession, lease to concession).

Information on the functions can be mapped to the expanded contract nature codelist discussed in #245, however OC4IDS doesn't currently offer a way to model information on the payment mechanism or the type of contract.

Contract arrangement

The reference guide explains that, for PPP contracts:

(...) there is no consistent, international standard for naming and describing these different types of contract. This varying terminology can create confusion when comparing international experience.

and for concession contracts:

Concession is used for a range of types of contract, as described in Delmon (Delmon 2010, Box 1 on page 9). In some jurisdictions, concession may imply a specific type of contract; while in others it is used more widely

Lease (affermage) contracts meanwhile are defined by the World Bank as:

generally public-private sector arrangements under which the private operator is responsible for operating and maintaining the utility but not for financing the investment.

The World Bank PPP LRC offers a different breakdown of contract arrangements, but notes that 'there is overlap between the categories and the name given to a particular agreement may not reflect this classic categorization.'

* Utility Restructuring, Corporatization and Decentralization

* Civil Works and Service Contracts

* Management and Operating Agreements

* Leases / Affermage

* Concessions, Build-Operate-Transfer (BOT), Design-Build-Operate (DBO)

* Joint Ventures and Partial Divestiture of Public Assets Full Divestiture

* Full Divestiture

* Contract Plans and Performance Contracts

In terms of modelling the type of arrangement, we need to decide whether to use a closed codelist, an open codelist or a free-text field, and we need to decide whether the field should be scalar or an array.

Given the issues with inconsistent terminology and overlap, I'm leaning towards an open codelist and an array, paired with a free-text details field, e.g.

{
  "arrangementType": ["lease", "concession"],
  "arrangementTypeDetails": "Lease to Concession Transformation"
}

From #251 (comment):

Regarding functions and contractual arrangement, ANZIP has a Procurement Approach field which mixes various concepts, but has some values which may be relevant to this issue:

* Market Led Proposal

* Confirmed PPP

* Traditional Procurement

* Possible PPP

* Alliance

* Privatisation

* Unconfirmed

* Operations & Maintenance

* Power Purchase Agreement