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Public Private Partnerships

Braam Kruger and John McPherson have been involved in a number of public private partnership (“PPP”) transactions and PPP-aligned transactions advising both public sector and private sector parties. 

Our services include:

  • providing transaction advisory support to the public sector
  • advising private sector parties in respect of the projects;

during all phases of the PPP transaction, including the RFQ, RFP, Preferred Bidder, Construction and Operations phases.

 

We have been involved in the following PPP transactions / PPP aligned transactions:

  • Durban (South Africa) – advised facilities management operator in respect of the IALCH concession (Hospital)  (from operator and shareholder’s perspective);
  • Cape Town (South Africa) – advised consortium and facilities management operator in respect of the Lentegeur PPP (Psychiatric Hospital and Rehabilitation Centre)
  • Advised facilities management operator in respect of the DTI PPP (accommodation) during bid phase;
  • Advised facilities management operator in respect of the DoE PPP (Accommodation) (from operator and shareholder’s perspective);
  • Advised facilities management operator in respect of the DFA PPP (Accommodation);
  • Advised facilities management operator in respect of the DEAT PPP (Accommodation) (from operator and shareholder’s perspective);
  • Advised facilities management operator in respect of the Munitoria PPP (Accommodation) (from operator and shareholder’s perspective);
  • Advised Operator in relation to the bid for the N1-N2 Toll Highway Concession;
  • Advised facilities management operator in respect of the DLA PPP (Accommodation) during bid phase; (from operator and shareholder’s perspective)
  • Advised facilities management operator in respect of the SADC PPP (accommodation);
  • Advised facilities management operator in respect of the MEWT PPP (accommodation)
  • Advised consortium and facilities management operator in respect of STATS SA (accommodation) during bid phase;
  • Assisted the City of Joburg in the negotiation and drafting of its Fleet Outsourcing Agreement to 2 different Private Parties.
  • Advised the City of Joburg as a transaction advisor for the Waste-To-Energy Public-Private Partnership Project.
  • Advised Private Party in respect of the Fleet Management PPP for the City of Johannesburg (2010)
  • Advised Private Party in respect of the Fleet Management PPP for the Eastern Cape Provincial Government.
  • Advised Taxi Scrapping Agency with regard to Service Level Agreements and corporate structuring for Government Taxi Recapitalisation Program – US$1 billion;
  • Advised City of Johannesburg (2000) on the outsourcing of its vehicle fleet to Super Fleet and drafted sale of business agreement. – US$225 million.  Assisted the city in the implementation of the contract, contract management and provided training to contract managers;
  • Advised City of Johannesburg on the acquisition of surveillance technology services from Business Against Crime.  Value - US$21.6m;
  • Advised the City of Johannesburg on a PPP related to the environmentally-sound processing of municipal solid waste;
  • Advised the City of Johannesburg on the re-tendering of its vehicle fleet on the basis of a public private partnership within the context of the MFMA (2005);
  • Transaction Advisor to the Eastern Cape Provincial Government. In this regard advised and assisted the ECPG in the drafting and negotiation of the outsourcing by it of its vehicle fleet.
  • Assisting NDoT in the drafting and negotiation of the outsourcing agreement for services related to political office bearer vehicles
  • Transaction advisor to the National Prosecuting Authority relating to PPP aligned transaction.  In this regard advised the NPA on the outsourcing of its Facilities Management Function in respect of its new premises in Weavind Park.  US$40,5 million;
  • Advised and assisted in the drafting and negotiation of the outsourcing by the Northern Cape Provincial Government of its vehicle fleet. US$10-15 million;
  • Advised and assisted in the drafting and negotiation of the outsourcing by the South African National Parks of its vehicle fleet.
  • Advised the Public Enterprises Evaluation and Privatisation Agency (PEEPA) of the Government of Botswana in respect of its General Conditions of Service Contracts and procurement procedures and drafting contracting out guide and contract management manual for outsourcing practitioners in the Botswana public sector