Georgia is one of the new countries in this area, reflecting an increased willingness to implement PPPs. International agencies are financing various programs to help the government improve fiscal management, including improvements to capital markets which will help to mobilize more long term finance and encourage PPPs. However, an inadequate concession law, weak coordination and oversight as well as limited experience are some of the challenges faced by the country.

PPPs have not been a priority and over the last decade most infrastructure has been developed either through full privatization or traditional public procurement funded by overseas development agencies. The 1994 concession law makes no mention of institutional arrangements, risk allocation guidelines or procurement. PPPs are therefore largely governed by general public procurement and investment laws, the Civil Code, and where relevant by sector specific regulations. Financial commitments by the government must comply with the Budgetary Code and annual state budget requirements, but these regulations have not been adapted to deal with liabilities in the context of government support to long term PPPs. There is no defined process for choosing a PPP over other procurement modes. Ministries are in charge of setting the long term policy direction in their sectors (not specific to PPPs), and either procuring authorities or external donors establish criteria for project identification and evaluation. The public procurement law establishes a transparent, non-discriminatory bidding process. In practice, Georgia’s track record for transparency is not strong, but has improved somewhat with the introduction of an e-procurement and tracking system

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