Regulating public private partnership in Sri Lanka :

Abstract

Governments around the world have sought to involve the private sector in the delivery of public services that have customarily been within the public authorities’ domain through Privatization and Public Private Public Private Partnership is an innovative approach to procurement, where the intersection of the public and private sector forces to provide a public service or facility. According to the recent years’ budget speeches, it was revealed that there is a vast trend in Public Private Partnerships in future Sri Lanka. Lack of wellestablished legal and regulatory framework has been identified as one of key challenges among implementing Public Private Partnerships. Thus, this study attempts to identify how existing PPP procurement law should be reformed to meet challenges in procuring Public Private Partnership. Widely used national and international model laws, guidelines, constitution, government circulars, published reports and case laws were used to collect secondary data while case studies has been adopted to collect primary data. Desk review method has been used to analysis secondary data and primary data were analysed through content analysis and cross case analysis methods. This study identified that based on international model laws and guides, various countries around the world, have been enacted special Public Private Partnership law or guidelines to regulate it in their countries. In Sri Lanka, there is no specific act dealt with Public Private Partnership procurement and Part II Guideline and subsequently issued supplements to it, form Public Private Partnership procurement law in Sri Lanka. Research results revealed that short term and long terms reforms are required for existing Public Private Partnership procurement law to meet future challenges in procuring. Finally, as a guide a framework for reforming existing Sri Lankan Public Private Partnership procurement law was developed.