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© 2019 International Bank for Reconstruction and Development /The World Bank 1818 H Street NW Washington DC 20433 Telephone:202-473-1000 Internet: www.worldbank.org This work is a product ofthe staff of The World Bank with external contributions. Thefindings, interpretations, and conclusions expressed in this workdo not necessarily reflect the views of The World Bank, its Boardof Executive Directors, or the governments they represent. TheWorld Bank does not guarantee the accuracy of the data included inthis work. The boundaries, colors, denominations, and otherinformation shown on any map in this work do not imply any judgmenton the part of The World Bank concerning the legal status of anyterritory or the endorsement or acceptance of such boundaries.Rights and Permissions The material in this work is subject tocopyright. Because The World Bank encourages dissemination of itsknowledge, this work may be reproduced, in whole or in part, fornoncommercial purposes as long as full attribution to this work isgiven. Any queries on rights and licenses, including subsidiaryrights, should be addressed to World Bank Publications, The WorldBank Group, 1818 H Street NW, Washington, DC 20433, USA; fax:202-522-2625; e-mail: [emailprotected]
IMPROVING TRANSPARENCY AND ACCOUNTABILITY IN PUBLIC-PRIVATEPARTNERSHIPS
DISCLOSURE DIAGNOSTIC REPORT: UGANDA
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Contents Acronyms..............................................................................................................................................................2
List of Figures.......................................................................................................................................................3
List of Tables........................................................................................................................................................3
Acknowledgments.................................................................................................................................................4
Executive Summary..............................................................................................................................................7
1. Introduction....................................................................................................................................................12
2. Transparency and Openness in Uganda.........................................................................................................14
3. PPP Experience inUganda.............................................................................................................................20
4. Legal and Institutional Framework for PPPs.................................................................................................39
5. Legal and Policy Framework for PPP Disclosure..........................................................................................50
6. Disclosure in Practice and Key Challenges....................................................................................................58
7. Gap Assessment.............................................................................................................................................62
8. Recommendations..........................................................................................................................................65
9. Key Materials Reviewed................................................................................................................................72
Annex A: Draft Amendments to PPP Act 2015..................................................................................................74
Annex B: Suggested Text for Disclosure within the PPP Guidelines.................................................................76
Annex C: Suggested Template for Disclosure....................................................................................................84
Annex D: Suggested Standard Contractual Clauses............................................................................................90
Annex E: Comparison of the World Bank Framework, CurrentDisclosure Practice, and the Agreed Framework for Uganda..........................................................................................................................98
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Acronyms
ATIA
CoST
ERA
Access to Information Act
Construction Sector Transparency Initiative
Electricity Regulatory Authority
FOI
GCIC
ICT
IGG
IPPs
KJE
MDA
Freedom of Information
Government Citizens Interaction Centre
information and communications technology
Inspector General of Government
independent power producers
Kampala Jinja Expressway
Ministries, Departments and Agencies
MoFPED Ministry of Finance, Planning and EconomicDevelopment
MoICT&NG
NDP
OAG
OCDS
Ministry of Information, Communication Technology and NationalGuidance
National Development Plan
Office of the Auditor General
Open Contracting Data Standard
PPDA
PPP
PPPC
Public Procurement and Disposal of Public Assets Authority
Public-Private Partnership
Public-Private Partnerships Committee
RFP
RPQ
SDGs
SPC
Request for Proposals
Request for Prequalification
Sustainable Development Goals
special purpose company
UNRA
VfM
Uganda National Roads Authority
value for money
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List of Figures
Figure 1: Ask Your Government Portal..............................................................................................................18
Figure 2: Government Citizens Interaction Centre Portal...................................................................................19
Figure 3: Roles and Responsibilites of Personnel of theContracting Authority................................................. 42
Figure 4: Overview of the PPP Process..............................................................................................................49
Figure 5: Elements of the World Bank Recommended DisclosureFramework for PPPs ................................... 65
Figure 6: PPP Disclosure Web Portal: Nigeria...................................................................................................69
Figure 7: PPP Disclosure Web Portal: Ghana.....................................................................................................69 Figure 8: PPP Disclosure Web Portal: Honduras................................................................................................70
Figure 9: PPP Disclosure Web Portal: Kenya.....................................................................................................70
List of Tables Table ES.1: Snapshot of Recommended Disclosure.............................................................................................9
Table 1: Disclosure Environment in Uganda......................................................................................................13
Table 2: E-government Initiatives in Uganda.....................................................................................................17
Table 3: Projects Considered by the PPP Unit for PotentialInclusion in the Project Pipeline ...........................22
Table 4: Institutional Framework for PPPs in Uganda........................................................................................40
Table 5: PPP Process in Uganda (by Institution and Phase)...............................................................................48
Table 6: Legal Framework for Disclosure and Implications for PPPDisclosure ................................................ 53
Table 7: Gap Assessment....................................................................................................................................62
Table 8: Suggested Content for PPP Disclosure.................................................................................................67
Table B.1: Summary of Specific Disclosures.....................................................................................................78
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Acknowledgments This Public-Private Partnerships (PPPs)Disclosure Diagnostic Report for Uganda has been prepared by a teamconsisting of Shyamala Shukla, Senior Specialist, Infrastructure,PPPs and Guarantees (IPG), World Bank Group (WBG), and Task TeamLeader for the Global Project on Transparency and Accountability inPublic-Private Partnerships; Prashant Sharma, Senior Consultant;Bernard Oundo, Legal Consultant; Adetoun Adetona, PPP Consultant;Susanne Foerster, Senior Legal Consultant; and Dorothy DakaMatanda, Financial Sector Consultant, Finance, Competitiveness andInnovation Global Practice, WBG.
Antony Thompson, Country Manager, Uganda; Niraj Verma, PracticeManager; and Rachel Sebudde, Senior Economist, provided valuableguidance during the course of the work.
The World Bank team thanks the Ministry of Finance, Planning andEconomic Development, Government of Uganda, and several otherministries (as below) for providing valuable inputs and informationin the implementation of this project. Specifically, the teamacknowledges the invaluable input provided by Jim Mugunga, ActingDirector; Beatrice Ikilai, former Acting Director; and other staffof the Public-Private Partnerships Unit under the Ministry ofFinance, Planning and Economic Development.
The team would like to thank the following individuals whoprovided excellent technical inputs during various meetings andstakeholder consultations:
Arua Regional Referral Hospital: Bananuka John Bosco and Dr.Adaka Alex
Bank of Uganda: Hannington Wasswa, Denise M. Ayume, andRwakiseeta Andrew
Civil Aviation Authority: Michael Kibirige, Richard Ruhesi,Peter Okello, N. J. Ssemombwe, Joseph Ssemombwe, and Eng. RonaldTwesigye
Electoral Commission: Herbert Wamboko
Electricity Regulatory Authority: Harold Obiga, James Wasswa,Mutyaba Vianney, and Komujuni Lisbet
Inspectorate of Government: Hon. Lady Justice Irene Mulyagonjaand Magezi Joram
Jinja Referral Hospital: Mubiru Muhammad and Eseru Joseph
Kabale Regional Referral Hospital: Byaruhanga Julius and Dr.Namasopo Sophie
Kampala Capital City Authority: Charles Tumwebaze, Thomas LuleKaggwa, and Patrick Musoke
Makerere University: Professor William Bazeyo, Dr. FlorenceNakayiwa, and Eria Hisali
Mbarara University: Dominique Musana
Ministry of Defense and Veteran Affairs: Patrick Okou, DorothyH. N. Nsereko, Francis Ojambo, and Alfred Andaman
Ministry of Energy and Mineral Development: Richard Muhumuza,Emilly Nakamya, and Emmanuel Ajutu
Ministry of Ethics and Integrity: Martha Ajulong
Ministry of Finance, Planning and Economic Development: PatrickKagaba, Cynthia Atukunda, Ronald Jabo, John Omutuju, Ivy Nantumbwe,Paul Mwanje, James Wokadala, Joshua Luganda, Francis
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Muhumuza, David Okwii, Sylvia Mutamba, June Nyakahuma, SamuelKiyingi, Faridah Bahemuka, Walter Okello, Julius Kalebbo, SandraNamukaya, Andrew Arinaitwe, Eric Ssewanyana, and Jonah Atuha
Ministry of ICT and National Guidance: Vincent Bagiire, K.Bagarukay, R. James Mukaga, Sam Bikangaga, Charles lwanga Auk, J.Birach, Imelda Mirembe, and James Kasigwa
Ministry of Justice and Constitutional Affairs: Allen Bucyana,Judith Nyongereza, Christopher Gashirabake, Samantha Mwesigye¸Faith Nyamwenge, and Susan Odongo
Ministry of Tourism, Wildlife and Antiquities: Manga I. Lyaddaand Racheal Mirembe K.
Ministry of Trade, Industry and Cooperatives: Deo Byaruhanga andMargaret Luzige
Ministry of Water and Environment: Kyambadde Richard and Eng.John Twinomujuni
Ministry of Works and Transport: Stephen A. Egotu, RonaldAmanyire, Okello Cypriano, Sadres Kabbyanga Nziabake, KatushabeWinstone, Arch. Edward Ssimbwa, Peter Kabanda, G. M. Rukara, W.Okello, Ronald Amanyire, Cynthia Barbara Bindeeba, Enos Baluku,Gerald H. Ekinu, Moses Mulengani, and Talent Tumwesiga
Mulago National Referral Hospital: Charles Mwasa, JuliusMukiibi, Christopher Edeet Okware, and Francis Lubega
National Agricultural Research Organisation: Peter Lusembo andLuzira R. Francis
National Council of Sports: Nakamanya Shadia, Josephine Namuddu,and Among Siddy
National Forestry Authority: Ritah Abinyo and Tom Rukundo
National Information Technology Authority Uganda: David Kaddu,Michael Newman, Yvonne Nabasa, and Baker Birikijja
Office of the Auditor General: Stephen Kateregga, Liz Nambuya,Dr. David Ddamulira, Caroline Bonabana, Nicholas Kibuuka, KimuliAnthony, and Matovu Francis
Public-Private Partnerships Committee Members: Hon. RichardKaijuka, Lady Christine Kitumba, Dr. Kenneth Ssemwogerere, Dr.Albert Byamugisha, and Dr. Patrick Birungi
Public-Private Partnerships Unit: Kaweesi Mathias Gideon, DidasKayiranga, Kush Amin, Katie Taylor, and Atayi Likico
Public Procurement and Disposal of Public Assets Authority:Edwin Muhumuza
Uganda Aids Commission: Moses Wangalwa and Richard Ankunda
Uganda Broadcasting Corporation: Qunito Rwotoyera
Uganda Development Corporation: Hellen Tumuhimbise, DoreenOthieno, Yudaya Kadondi, and David E. Ekanya
Uganda National Referral Hospital: Moses Ochola
Uganda National Roads Authority: Patrick Muleme, Mary Kabagambe,Alinda Joan Yvonne, Edward Byaruhanga, Davis Muhwezi, Isaac Wani,Yvonne Keinembabazi, and Angella Lakea
Uganda Police Force: Peter Ogwal
Uganda Prisons Service: Onan Kusasira
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Uganda Registration Services Bureau: Ambrose Ekaju
Eskom Uganda Limited: Mohammed Mahsen, Stephen Byaruhanga,Nobert Jiga, and Thozama Gangi
Uganda Electricity Distribution Company Limited: Franklin OiduKizito and Paul Mwesigwa
Uganda Electricity Generation Company Limited: Musa Mukulu andDavid Isingoma
Umeme Limited: Eng. Isaac Serwadda, Marie Nassiwa Martin, SamZimbe, Simbiso Chimbima, Sanodr Walusimbi, Mbaga Tuzinde, and AllanRwakakooko
Africa Freedom of Information Centre: Gilbert Sendugwa, SarahFayet, and Charity Komujjurizi
African Institute for Energy Governance: Dickens Kamugisha
Agency for Capacity Building: Sharon Ahumuza
Anti-Corruption Coalition Uganda: Cissy Kagaba
Bank Information Centre: Phiona Nampungu
CoST Uganda: Olive Kabatwairwe
Justice Law and Order Sector: T. L. Odoch T.L.
National Union of Disabled Persons of Uganda: EdsonNgirabakunzi, Phiona Nampungu, and Allen Tushabe
Transparency International Uganda: Peter Wandera, Ireo Brenda,Kulume Elizabeth Ritah, Gerald Padde, Connor Morris, and Lilian Z.Senteza
Uganda Association of Women Lawyers: Annet A. Bada
Citibank: Sande Johnson
DFCU Bank: Kate Kiiza, William Ssekabambe, George Ochom, JosephKasaija, and Carol Luwaga
Housing Finance Bank: Robert Nyehangane, Hope Ekudu, PaulNuwagaba, Peace Kabunga, and Ivan Kakembo
Stanbic Bank: John Tumwine, Allan Muhinde, Nicholas Kiiza, PeterSewagudde, Elizabeth Kasedde, Paula Coetzee, and Paul Muganwa
Standard Chartered Bank: Catherine Psomgen
Turner and Townsend: Albert Lapyern
Uganda Development Bank: Francis Abibi, Susan Nangwale, andHosea Katamba
The team thanks Sandra Gain for editing the document andVictoria Adams-Kotsch for the cover, layout, and formatting.
This is a joint product of the Government of Uganda and theWorld Bank Group. Funding for this product was provided by the UKDepartment for International Development and the World BankGroup.
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Executive Summary Between December 2017 and April 2018, a jointGovernment of Uganda and World Bank team conducted a study onpublic-private partnership (PPP) disclosure in Uganda, using thePPP Disclosure Diagnostic template recommended by the World BankFramework for Disclosure of Information in PPPs. This study hasbeen consolidated in the form of a PPP Disclosure Diagnostic Report(hereinafter Diagnostic Report) for Uganda. The Diagnostic Reportexamines the political, legal, and institutional environment fordisclosure in PPPs. Based on a gap assessment exercise with keypolitical, legal, institutional, and process findings benchmarkedagainst the World Bank’s framework, the Diagnostic Report makesspecific recommendations to improve disclosure, includingrecommended customized guidelines for PPP disclosure in Uganda.
The findings suggest that there has been movement toward greatertransparency and openness in all areas of government in Uganda,with several new initiatives having been launched in recent years.The 1995 Constitution of Uganda created new obligations on publicbodies to promote more transparent governance structures. This wasenhanced substantially with the enactment of the Access toInformation Act 2005 (as well as the issuing of Access toInformation Regulations in 2011), which, among other things,promotes proactive disclosure of information held by publicauthorities. Uganda has taken other progressive steps, such assigning the United Nations Convention Against Corruption and theAfrican Union Convention on Preventing and Combating Corruption. In2010, Uganda formulated its National e-Government Policy, which,among others, formed the basis for the establishment of theMinistry of ICT and National Guidance. The policy identifiesseveral services and processes that are being progressively rolledout on Internet-based platforms for greater efficiency andtransparency. These include government-to-government services, suchas implementing financial management information systems;government-to-citizen, services, such as provision of passports andother certification services; and government-to-business services,such as e-procurement for government tenders.
However, given that PPPs are relatively recent in the Ugandancontext, and that most of these initiatives are recent and stillbeing institutionalized, their impact on improving disclosure inthe PPP space, so far, has not been substantial.
Recent years have seen an increase in interest in the use ofPPPs in Uganda, in part driven by the Uganda Vision 2040, which waslaunched by the National Planning Authority in 2013 and seeks toachieve a “Transformed Ugandan Society from a Peasant to a Modernand Prosperous Country within 30 years.” Uganda currently has afinancing gap of about US$1.4 billion a year for infrastructureinvestment,1 which the government is addressing through severalfinancing options, including PPPs, as indicated in the SecondNational Development Plan (2015–2020).
The Public-Private Infrastructure Database indicates that 28 PPPprojects with a total investment commitment of US$1.9 billionreached financial closure between 1990 and 2017 in Uganda. Most ofthem are in the energy sector and were operationalized prior to theenactment of the PPP Act in 2015.2 Since then, a PPP projectpipeline is being developed by the PPP Unit covering a variety ofsectors, key
1 Seehttp://www.worldbank.org/en/country/uganda/publication/leveraging-public-private-partnerships-to-plug-ugandas-deficit-in-infrastructure-finance.2 See Uganda Country PPP Diagnostic, World Bank 2018.
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among these being transport, energy, water, education, andhealth. Since the enactment of the PPP Act 2015, currently the mostadvanced project is the Kampala-Jinja Expressway project, for whichthe procurement process has commenced already.
In recent years, Uganda has begun to develop a comprehensivelegal and institutional framework for PPPs. The National PPP PolicyFramework was drafted in 2010, followed by the enactment of the PPPAct in 2015. Subsequently, several key enabling regulations andguidelines are now in the process of development. These include thedevelopment of PPP regulations and guidelines that will assistcontracting authorities in developing PPP projects, a FiscalCommitment and Contingent Liabilities framework, and an assessmentframework for the selection of priority PPP projects. A PPPcapacity-building program for contracting authorities and otherstakeholders is also underway. The PPP Unit, which is housed in theMinistry of Finance, Planning and Economic Development (MoFPED),was established in 2015 and is being strengthened with technical,legal, procurement, PPP, and financial expertise.
In addition, Uganda has a fairly well-developed legal and policyframework that directly and indirectly affects PPP disclosure. Keylegislation that supports proactive disclosure includes the Accessto Information Act (ATIA), PPP Act, and Public Finance ManagementAct. Although the ATIA 2005 excludes private entities fromdisclosure obligations, access to PPP-related information ispossible, as contracting authorities are public bodies that arerepositories of information related to PPPs. At the same time, thePPP Act 2015 establishes transparency and accountability as keygoverning principles for the implementation of PPPs in Uganda andprovides for the proactive disclosure of project agreements. ThisAct also requires contracting authorities to be accountable to theusers of infrastructure and establishes a PPP Unit with theresponsibility to collate and disseminate PPP-related information.The PPP Act 2015 also gives the Auditor General the mandate toaudit each PPP project. The Public Finance Management Act 2015provides parliamentary oversight over public expenditure, includingin the context of PPPs.
Other laws relevant for transparency in PPPs include theInspectorate General of Government (IGG) Act 2002, which allows theIGG to investigate the actions of bodies that administer publicfunds on behalf of the public, which inter alia includes PPPs, andthe National Audit Act 2008, which establishes the office of theAuditor General with powers to examine, investigate, and report onthe expenditure of public monies disbursed to a privateorganization or body in which the government may not have acontrolling interest.
Despite this supportive legislation, very limited PPP-relatedinformation is available in the public domain. The PPP Unitcurrently does not have a website (although it is in the process ofdeveloping one), and the Privatisation Unit (MoFPED) website hasvery limited and outdated PPP-related information. Some sectoralinformation related to independent power producers (IPPs) is alsoavailable through the Electricity Regulatory Authority website andwebsites of various IPPs. In part, this is due to severalchallenges to effective PPP disclosure as identified in thisreport. These include the limitations of the ATIA, which mentions abroad range of exempted information and does not provide for anindependent authority to implement and enforce the Act, and theabsence of sanctions for nondisclosure of information. The lack ofdetailed regulations and guidelines on PPP disclosure andinstitutional challenges, such as poor record management and ashortage of competent human and technical resources, are some otherkey challenges that need to be addressed.
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Given the above, it therefore becomes imperative to develop asynthesized and synergized system for optimal disclosure practicesin the PPP space. This Diagnostic Report recommends a systematicstructure for proactively disclosing information through customizedguidelines for disclosure in PPPs in Uganda, including the elementsof information to be disclosed, form of disclosure, and timelinesand responsibilities for disclosure. The report suggests a holisticapproach to disclosure through predefined standards, tools, andmechanisms, allowing for increased disclosure efficiency. It alsoprovides recommendations for amending the PPP Act 2015 tostreamline and strengthen disclosure-related clauses and provideguidance for disclosure in the PPP Regulations currently beingdrafted, as well as proposes standard contract clauses ondisclosure that could be incorporated within each PPPagreement.
Uganda intends to use this framework as a tool to amplify itslegal policy and statutory standards on PPP disclosure within theUgandan jurisdiction. It is believed that this will result inenhancement of the credibility of the PPP program in thecountry.
Recommended Disclosure
The recommended design for Uganda follows the World Bank’sframework but is subject to and intended to be implemented withinthe structure of the governing national laws in Uganda. It ishierarchical and includes a logical framework that moves from ahigh-level mandate to disclose toward the basic elements that needto be disclosed. Table ES.1 provides a snapshot of the recommendedfeatures of the suggested guidelines for Uganda.
TABLE ES.1: SNAPSHOT OF RECOMMENDED DISCLOSURE
AREA DESCRIPTION
LEGISLATIVE MANDATE
Amend the PPP Act 2015 to specifically mention information thatmust be disclosed, including feasibility studies, evaluationcriteria, and performance indicators; and include specific sectionson disclosure within the draft PPP Regulations. Amend the Access toInformation Act 2005 such that it supersedes all previouslegislation that restricts disclosure, provides for an independentappellate authority to oversee implementation and enforcement,provides for sanctions for nondisclosure, narrowly definesinformation that is exempt from disclosure, and does not excludeoperational information of public authorities from disclosure.
DETAILED GUIDANCE
Applicability of disclosure principles in the PPP Act (as wellas other relevant legislation, regulations, and guidelines) to PPPcontracts and project information Elements of disclosure duringvarious phases of the PPP project process Timelines for disclosureDetails of confidentiality provisions Template for disclosureStandard contract clauses
DISCLOSURE DURING PROJECT IDENTIFICATION AND PREPARATION
List of projects under development Basic project informationProject progress tracker
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DISCLOSURE DURING PROCUREMENT
Pre-tender: Tentative procurement dates; Environmental andSocial Impact Assessment (Feasibility Study with financial modelsredacted); Project Information Memorandum Tender: RPQ, list ofshort-listed bidders, summary of RPQ evaluation, full RFP, summaryof RFP evaluation, bid award
DISCLOSURE FOLLOWING CONTRACT SIGNING
Basic project information Feasibility Study Material risks andallocation Reasons for choice of PPP Financing structureGuarantees, grants, annuity and availability payment schedule, landand asset transfers, and other support; revenue share TariffsProject and contract documents Actual performance against targets,performance failures, links to independent engineer, audit, and SPCreports Termination and handback provisions Renegotiations orchanges
CONFIDENTIAL INFORMATION
Areas or elements that could be considered confidential (subjectto overarching law and project-specific circumstances), where thecompetitiveness of the private provider may be jeopardizedExceptions and exemptions to the confidentiality clause
STANDARD CONTRACT PROVISIONS
Records, documents, and other information the private providershould maintain and submit to the contracting authority; timelinesfor submission and disclosure Language on what constitutesconfidential information, format for listing confidentialinformation, and clause for disclosure of confidential informationin public interest
PLATFORM A single platform with a user-friendly, integrated backend for use by multiple entities, with a hierarchy of roles relatedto uploading, validation, and disclosure of information; and auser-friendly front end, with structured content and regularupdates to registered users
TIMELINES
Basic project information
Within 21 days following the PPP Unit’s approval of the projectFor unsolicited projects, upon the contracting authority’s decisionto accept the proposal
Project milestones Within 21 days from project registration, andwithin 21 days of each status change
Procurement documents
RPQ Following approval for publication of the RPQ
List of short-listed bidders, summary of the Evaluation ReportAs soon as short-listed bidders are notified
Full RFP Following approval for publication of the RFP
Summary of Evaluation Report, bid award Following approval forpublication
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Disclosure of other documents
Feasibility Report At the time of publication of the RPQ withfinancial models redacted; full report within 21 days of executionof project agreement (commercial close)
Project summary (including project scope, parties to the PPPagreement, project risk matrix, government support, project value,tariffs, and pricing, termination clauses, handback provisions, keyperformance indicators with agreed target levels, duration ofproject, and implementation structure (SPC and anysubcontractors))
Within 21 days of execution of project agreement (commercialclose)
Financial information Within 21 days of financial close Thiswill apply to unsolicited projects as well.
Project documents (including redacted PPP agreement, VfM reportfor the project)
Within 21 days of execution of project agreement (commercialclose) This will apply to unsolicited projects as well.
Renegotiations and renegotiated agreements and associateddocuments
Within 21 days of signature of renegotiated contract This willapply to unsolicited projects as well.
Where execution of the project agreement (commercial close)takes place but the project does not reach financial close
Within 21 days of decision
Performance information Within one year of financial close,updated annually This will apply to unsolicited projects aswell.
TEMPLATE AND DATA STANDARDS
A simple template with details of elements to be disclosed atvarious project phases Consistent, structured, machine-readable,and exploitable information Disclosure of information and datashould be compliant with the Open Contracting Data Standard.
Note: PPP = Public-Private Partnership; RFP = Request forProposals; RPQ = Request for Prequalification; SPC = specialpurpose company; VfM = value for money.
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1. Introduction Based on research and analysis over the past fewyears, the World Bank Infrastructure, Public-Private Partnershipsand Guarantees Group has worked on creating a Framework forDisclosure in Public-Private Partnerships (the “Framework”), whichsuggests a systematic structure for disclosing informationproactively at different phases of the public-private partnership(PPP) process. Two documents, Jurisdictional Studies3 and GoodPractice Cases, have been developed to provide relevant backgroundand resources complementing the goals of the Framework. TheFramework has undergone a public consultation process and has beenimplemented in Ghana, Honduras, Kenya, and Nigeria.
The Framework suggests the initiation of work with a PPPDisclosure Diagnostic (the “Diagnostic”) in countries. Theobjective of the Diagnostic is to help PPP policy makers andpractitioners assess the status of PPP disclosure in thejurisdiction and identify customized PPP disclosure solutions toenable better disclosure.
The Diagnostic includes an examination of the following areas ina country:
• Preliminary overview of the general transparencyenvironment
• History and outlook for PPP disclosure
• Political environment for disclosure
• Legal and policy framework
• Process and institutions
• Guidance on confidential information
• Information systems
• Technology and data standards.
Under each of the areas identified, the Diagnostic provides thekey questions policy makers and practitioners should ask, analysisand techniques for assessing gaps, resources for learning more, andtools for establishing a customized PPP disclosure framework /guidelines for the jurisdiction. The relevance of each of the areasvaries based on the unique circumstances within the country.
This Diagnostic Report is structured around the key themes thatare relevant to Uganda’s disclosure environment, as summarized intable 1.
3 These studies were carried out at the national and subnationallevels and include British Columbia (Canada); Chile, Colombia,Honduras, India, Karnataka (India), Kenya, Minais Gerais (Brazil),New South Wales (Australia), the Philippines, South Africa, theUnited Kingdom, and Victoria (Australia).
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TABLE 1: DISCLOSURE ENVIRONMENT IN UGANDA
THEME KEY QUESTION SECTION
TRANSPARENCY AND OPENNESS IN GOVERNANCE
Is there a transparent and open governance environment inUganda? 2
PPP EXPERIENCE Does the government have substantial experiencein PPPs? Does the government have an ongoing PPP program?
3
INSTITUTIONAL FRAMEWORK FOR PPPs
What are the institutions supporting the preparation,procurement, and implementation of PPPs? 4
LEGAL AND INSTITUTIONAL FRAMEWORK FOR PPP DISCLOSURE
Is the legal and regulatory environment sufficiently conduciveto PPP disclosure? Is there right-to-information legislation thatsupports proactive disclosure? Do PPP legislation/regulationsprovide clarity on the elements, timing, institutional structure,and processes for disclosure? Do other related legislation andregulations support disclosure? Are there guidelines and processesin place to guide disclosure? Are there standardized disclosurecontract clauses and templates? Is there a web portal(s) availablewith a user-friendly back-end and front-end design inmachine-readable format, and compliant with OCDS?
5
DISCLOSURE IN PRACTICE AND KEY CHALLENGES
What information is disclosed in practice? What are the keychallenges to disclosure?
6
Note: OCDS = Open Contracting Data Standard; PPP =public-private partnership.
The findings related to these questions are further analyzed insection 7, which assesses the gaps in the political, legislative,and institutional contexts. Section 8 provides recommendations onhow to address these gaps. Annex A provides suggested amendments tothe PPP Act. Annex B provides suggested text for DisclosureGuidelines for PPPs in Uganda. Annexes C and D contain a templatefor disclosure and suggested standard contractual clauses,respectively. Annex E presents a comparison of the World Bank’sFramework for Disclosure, current disclosure practice in Uganda,and the proposed disclosure guidelines for Uganda.
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2. Transparency and Openness in Uganda
Overview
Access to information is a constitutional right guaranteed underArticle 41 of the Constitution of Uganda 1995. The Article providesthat “Every citizen has a right to access information in thepossession of the State except where the release of the informationis likely to prejudice the security or sovereignty of the state orinterfere with the right to privacy of any other person.” Ugandawas among the first African countries to create enablinglegislation for the right to access information, by enacting theAccess to Information Act (ATIA) in 2005. This was followed by theenactment of the Access to Information Regulations in 2011 tooperationalize the Act.4 The ATIA and its Regulations specify theclasses of information accessible to the public and the procedurefor obtaining such information and defines restricted classes ofinformation. In case information is denied to a requestor, the ATIAprovides two appeal mechanisms. A citizen can lodge an internalappeal within the public body that denied the access5 or he/she maylodge a complaint to the Chief Magistrate.6 However, both processescan be challenging. With respect to the former, neither the Act norits Regulations provide any guidance on how an internal appeal canbe made, making it difficult to operationalize. In the latter,ordinary court processes are often plagued with delays andcorruption.
In addition to the ATIA, several other laws embed transparencyand accountability in governance. These include the Public FinanceManagement Act 2015, which provides a framework for transparencyand accountability in government expenditure; the National AuditAct 2008, which establishes the powers and functions of the AuditorGeneral, including a mandate to uphold accountability andtransparency in public authorities as well as private entities thatutilize public funds; the Leadership Code Act 2002, which providesa minimum standard of behavior and conduct for leaders; theAnti-Corruption Act 2009, which provides the legal framework forprevention of corruption in the public and private sectors; and theInspectorate of Government Act 2002, which establishes the officeof the Inspector General of Government with a mandate to addresscorruption and abuse of authority. In addition, the Public-PrivatePartnership Act identifies accountability and transparency as keygovernance principles for the implementation of PPPs in Uganda.Section 5 of this report provides a detailed discussion on theselaws.
In addition, Uganda has ratified several internationalinstruments that promote the right of access to information, suchas the Universal Declaration of Human Rights, the InternationalConvention on Civil and Political Rights, the United NationsConvention against Corruption, the African Charter on Human andPeople’s Rights, the African Union Convention on Preventing andCombating Corruption, and the African Union Youth Charter.
4 State of Right to Information Report in Africa 2017,https://africafoicentre.org/download/the-state-of-the-right-to-information-in-africa-report-2017;Policy Centre for Eastern and Southern Africa Position Paper: TheState of Access to Information in Uganda. 5 Section 16 (3) (c),ATIA. 6 Section 37, ATIA.
15
Despite the legislative context, several challenges to improvinggovernment transparency and accountability remain.7 Some of thesechallenges are presented by clauses within the ATIA itself, whichlimit the effective operationalization of the right to accessinformation recognized under Article 41 of the 1995 Constitution.While the Constitution provides for only one exception todisclosure, that is, if the information in question “is likely toprejudice the security or sovereignty of the state or likely tointerfere with the right to privacy,” Section 33 of the ATIAprovides for a wide range of exemptions that include “an opinion,advice, report or recommendation obtained or prepared.” Exemptionfrom disclosure is also extended to Cabinet minutes and informationrelated to the internal operations of a public authority.8 Althougha public interest override is provided in the context of allexemptions, it can only be applied on a case-by-case basis whendeemed so by the public authority. Relatedly, Uganda has severalother laws that can be used to deny requests for and release ofinformation. These include the Official Secrets Act Cap 302, whichcriminalizes public officials disclosing certain categories ofinformation received by them in their official capacity; the OathsAct Cap 19, by which chief executive officers of government bodiesare subject to an oath of secrecy; and the Evidence Act Cap 6,which prohibits the use of unpublished official records as evidencein court except with the permission of the head of the concerneddepartment. The Official Secrets Act is particularly vulnerable toabuse. The Act seeks to protect information related to nationalsecurity in the possession of the government security apparatus.The short title of Uganda’s Official Secrets Act defines it as “AnAct relating to State Security” and broadly relates to prejudicialdealings with foreign governments.9 Nevertheless, in practice, theAct inhibits disclosure of information, as it has been misconstruedor extended beyond classified state security information to othertypes of government documents, and thus it constrains efforts toestablish transparency and enforce accountability. Further workwill need to be done for better informing the public that the Actis limited in its application to documents that pose a serious anddemonstrable risk to state security. Further, the ATIA does notprovide for an independent appellate mechanism—should informationbe refused to a citizen, he/she can only seek redress through theregular judicial system.
However, with the Constitution recognizing access to informationas a key right of citizens, Uganda continues to move towardimproving the openness of public authorities. This process has beensupported significantly by civil society organizations such as theHuman Rights Network Uganda, Advocates Coalition for Developmentand Environment, Transparency International (Uganda Chapter),Construction Sector Transparency Initiative (CoST Uganda), andAnti-Corruption Coalition of Uganda, which regularly organizetrainings and workshops to sensitize the public on their right toinformation.
Open Data and e-Government Initiatives
The Government of Uganda has been making several efforts toimprove access to information through embracing informationtechnology. In June 2006, the government established the Ministryof Information and Communications Technology and National Guidance(MoICT&NG) with a mandate to formulate and implement ICTpolicies and sustain, manage, and oversee ICT infrastructure inUganda.10 One of the 7 This is partly reflected in Uganda beingranked 151 of 176 countries in the Corruption Perceptions Index2016. 8 Access to Information Act 2005, Part III. 9 The SolicitorGeneral’s office also holds the opinion that the Official SecretsAct primarily relates to the regulation of agents of foreign powersin the context of state security and therefore does not directlyrestrict the ATIA. 10 https://www.ict.go.ug/ict/background.
16
initiatives of the MoICT&NG has been the development of thee-Government Policy Framework (2010), which has the objective toimprove continuously the efficiency of and access to governmentinformation and services to meet citizen expectations.11 Thee-Government Policy Framework provides for a range of ICT platformsthrough which government services are to be delivered, such as theInternet, telephone, electronic media, and communication centers.The Framework also identifies several e-government projects thatthe government intends to implement in three broadareas—government-to-government, government-to-citizens, andgovernment-to-business services. These include electronic birth anddeath registrations, a public electronic recruitment system, afinancial management information system, a government Internetportal that would make all available government information public,land registry, passport and immigration services, environmentalinformation management system, and an e-procurement system for allpublic procurement.
Work on e-procurement has been initiated already. Thegovernment, in partnership with the World Bank, has contracted afirm to develop, install, and maintain such a system in Uganda. Theproject is being implemented by the Public Procurement and Disposalof Public Assets Authority (PPDA), National Information TechnologyAuthority Uganda, and Ministry of Finance, Planning and EconomicDevelopment (MoFPED). The e-procurement system is expected topromote efficiency, transparency, and accountability in publicprocurement and will be piloted in 10 selected procuring anddisposing entities (contracting authorities) in 2018, includingMoFPED, Ministry of Water and Environment, Uganda National RoadsAuthority, Kampala Capital City Authority, Civil AviationAuthority, National Information Technology Authority Uganda, PPDA,National Social Security Fund, and Jinja District LocalGovernment.12 The selected procuring entities will be required toconduct the entire procurement process through an online system,including advertisement of bid notices, dissemination of bid/tenderdocuments, and payments to suppliers. This process will be incompliance with the Open Contracting Data Standard (OCDS), althoughevaluation reports will be exempt from disclosure as per the PPDAAct. However, it is unlikely that this process will apply to PPPprojects, as e-procurement is a program that is being championed bythe PPDA and is guided by the Strategy for Implementinge-Government Procurement in Uganda. The Strategy identifies thePPDA Act and its Regulations as the governing legislation and doesnot mention PPPs.
The government also introduced the Government CommunicationStrategy in 2011, to establish an effective, well-coordinated, andproactive communication system within the government as well aswith the public to meet the nation’s information needs.13 Thestrategy proposes improving the capacity of ministries,departments, and agencies to use ICT to collect, disseminate, andarchive information about government programs and projects, as wellas creating mechanisms to provide relevant and timely informationto the general public during times of crisis, such as naturaldisasters. The government also provides public education airtime onradio stations in every district across the country to sensitizethe public on service delivery and development issues.14
In August 2014, the MoICT&NG, along with the Collaborationon International ICT Policy in East and Southern Africa and theAfrica Freedom of Information Centre, launched the online platformwww.askyourgov.ug. The platform is one of several efforts aimed atimproving the accessibility of 11 National e-Government PolicyFramework, June 2010, p. 6. 12https://www.ppda.go.ug/e-government-procurement-e-gp-project-governance-structure-inaugurated/.13https://www.gou.go.ug/.../Government_Communciation_Strategy_September_2011_.14 Policy Centre for Eastern and Southern Africa Position Paper:The State of Access to Information in Uganda.
17
information to the citizens of Uganda. Citizens can makeinformation requests to different public bodies via e-mail. Thee-mailed query is shared publicly on the website and an e-mail issent directly to the relevant information officer, who must providea response within 21 days.15 The responses are also published onthe Ask Your Government website and can be viewed by the public(figure 1).
The government established the Government Citizens InteractionCentre (GCIC) in 2017 as a primary contact center for citizens, toenhance the monitoring of service delivery and provide a channelfor feedback and suggestions from citizens (figure 2).16 ThroughGCIC, the public can communicate with the government throughvarious channels, make inquiries, and obtain government informationand documents. GCIC has a database of key government institutionsand a resource center that contains information on various ongoinggovernment projects, for example, on the National ICT InitiativesSupport Programme, which aims to create an ICT-enabled ecosystem inUganda that brings together public authorities, enterprises, andindividuals to support innovation and access to new markets.17
In 2013, Uganda became the fifth African country to join CoST.In 2017, CoST conducted a scoping study on the Infrastructure DataStandard in Uganda. The study revealed that although there waspolitical willingness to promote disclosure, full and effectiveimplementation of the ATIA is limited by a lack of administrativeappeal mechanisms,18 negative attitudes of public officials towardinformation requesters, general lack of awareness about the law,poor information storage and retrieval systems, as well asinadequate financing.19
In sum, despite several challenges, the Government of Uganda hasclearly identified transparency, accountability, and openness askey principles of governance, and continues to improveimplementation through policy and strategic and technology-aidedinterventions. A list of other e-government initiatives notmentioned above is provided in table 2.
TABLE 2: E-GOVERNMENT INITIATIVES IN UGANDA
NAME DESCRIPTION
Budget Monitoring Portal http://www.budget.go.ug
The portal enables citizens to access and give feedback onbudget performance at the national and local levels and makesavailable all budget allocation figures in MS Excel and PDFformats.
Integrated Management Information Systemhttp://ugandadata.org/imis/
The integrated Management Information System promotes access toand analysis of census and other data for informed decision makingfor sectoral and local development programs and policies.Currently, it is being used by the Ministry of Health.
15 Promoting Access to Information in Uganda User Guide, p. 7.16 http://gcic.gou.go.ug/. 17http://gcic.gou.go.ug/national-ict-initiatives-support-programme/.18 Under the ATIA, a person aggrieved with the decision of theInformation Officer has recourse in filing a complaint to the ChiefMagistrate (Section 37) and, in respect of a request forinformation that is exempted under Part III and upon denial of awaiver to disclose such information by a third party, by filing anappeal to the High Court. 19https://www.cost.or.ug/download-category/scoping-study-and-research/.
18
Uganda Bureau of Statistics, National Data Archivehttp://www.ubos.org/unda/index.php/home
The Uganda National Data Archive provides data sets that havebeen documented and released for user access across the nationalstatistical system per the Plan for National StatisticalDevelopment.
Development Assistance Management Systemhttp://www.finance.go.ug/amp/portal
This is the government’s official online database of aid-fundedprojects and programs. Managed by the Aid Liaison Department in theMinistry of Finance, it provides details of loans, grants, andguarantees received through foreign aid.
Ministry of Water and Environment, Uganda Water Supply Databasehttp://ipsanad.com/
The database provides citizens with data on current safe watersupply coverage and the functionality and distribution of water,among others.
Inventory of Public Sanitation Facilitieshttp://www.publicsan.ug/index.php
This is a web-based database containing information on allpublic toilets in small towns and rural growth centers in Uganda.It is managed by the Ministry of Water and Environment through theUrban Water and Sewerage Department.
National Government Portal http://www.gou.go.ug/services
Currently, this website lists the government services that willbe provided through this portal in the future. These include birthand death registration, applying for a driving license, emergencyservices, engineering services, legal services, registration ofcompanies, studying in Uganda, tax and customs, and traveldocuments.
Source: State of Open e-government Index in Uganda 2016.
FIGURE 1: ASK YOUR GOVERNMENT PORTAL
Source: http://askyourgov.ug/.
19
FIGURE 2: GOVERNMENT CITIZENS INTERACTION CENTRE PORTAL
Source: http://gcic.gou.go.ug/.
20
3. PPP Experience in Uganda The Public-Private Infrastructuredatabase indicates that 28 PPP projects with a total investmentcommitment of US$1.9 billion reached financial closure between 1990and 2017 in Uganda.20 Most of the projects are in the energy sectorand were done as part of Uganda’s Privatization and Utility SectorReform Program under the mandate provided by the Public EnterpriseReform and Divestiture Act 1993 and were operationalized prior tothe enactment of the PPP Act in 2015. Since then, several projectshave been submitted for inclusion in the project pipeline that isbeing developed by the PPP Unit covering a variety of sectors, keyamong these being transport, energy, water, education, andhealth.
Energy Sector21
The energy sector in Uganda was liberalized following theadoption of the Uganda Power Sector Restructuring and PrivatizationPlan in 1999. The plan proposed several structural changes in powergeneration, transmission, and distribution, as well as ruralelectrification and regulation of the electricity sector.Consequently, in 2000, the Uganda Electricity Board was unbundledinto three successor companies—the Uganda Electricity GenerationCompany Limited, the Uganda Electricity Transmission CompanyLimited, and the Uganda Electricity Distribution Company. Soonafter, several public-private arrangements were also initiated tooperationalize the newly separated roles of generating anddistributing electric power.
On March 1, 2005, the Uganda Electricity Distribution Companyhanded over the electricity distribution network to Umeme Limitedthrough a 20-year concession for the distribution and supply ofelectricity to customers. Umeme’s mandate under this arrangementinvolves the operation, maintenance, and upgrading of electricitydistribution infrastructure, electricity retail, and provision ofrelated services. Over the past 12 years, Umeme’s investments inthe distribution infrastructure (estimated at US$500 million) haveled to several successes, namely: loss reduction from 38 to 17.2percent, increased access to electricity with an estimated 1.2million customers now connected to the grid compared to 296,000before the concession was operationalized, and improvement indistribution efficiency from 50 to 83 percent; the addition of 10new substations to the network; the deployment of innovations suchas automated meter reading technology; and the construction of45,000 kilometers of distribution network.
Uganda has also engaged in several independent power producer(IPP) in the electricity generation sector. These include Eskom’s20-year concession to manage existing power stations at Kira andNalubaale on behalf of the Uganda Electricity Generation CompanyLimited; Kakira Sugar’s 52-megawatt bagasse power plant; JacobsenUganda Limited’s 50-megawatt thermal plant; and the BujagaliHydroelectric Power Project, Uganda’s flagship electric powergeneration project. These arrangements have supported thegovernment’s objective of increasing the supply of electricity tomeet rapidly expanding demand. However, the level of access to andthe cost of power have been contentious issues, raising questionsrelated to the structure of these contracts, including the methodsfor establishing tariffs and risk
20 See https://pppknowledgelab.org/countries/uganda. 21 Source:World Bank: Uganda Economic Update, 9th edition, May 2017.
21
allocation. The government is currently considering variousoptions to restructure the financing of these projects, to reducecosts and provide more affordable electricity to consumers.
Transport Sector22
Uganda initially engaged in PPPs in the railways subsector,followed more recently by the roads subsector. The 25-year RiftValley Rail joint concession (between Uganda and Kenya) commencedin 2006 to facilitate the construction and provision of railwayservices between Kampala and Mombasa. Although the concessionrecorded positive results in the beginning, including a 60 percentincrease in operating efficiency and an 80 percent reduction ininland cargo transit time to Kampala, the concession had to berestructured, as the special purpose company (SPC) failed to complywith several obligations under the concession agreement. Theseincluded the failure to pay concession fees, meet freight volumetargets, carry out rehabilitation and maintenance of concededassets, and submit timely operational reports and safety managementplans to Uganda Railways Corporation. As a result, this concessionhas since been terminated.
The Kampala-Jinja Expressway (KJE) will be the first PPP to beimplemented after the enactment of the PPP Act. The KJE PPP isexpected to be a 30-year greenfield design, build, finance,operate, and maintain arrangement for a 77-kilometer mainline fromKampala to Jinja and an 18-kilometer bypass to the south of Kampalacity, with an estimated cost of about US$1.5 billion. TheFeasibility Study for the KJE project has been approved by the PPPCommittee as required by the PPP Act. The contracting authority forthis project, Uganda National Roads Authority (UNRA), has commencedthe procurement process. In this context, the government hasrecently passed the tolling policy, which will enable the tollingof roads. This has been reflected in the draft roads bill that willsoon be debated in the Parliament.
Given the increasing interest and activity in PPPs in Uganda,the government, with the support of the World Bank and U.K.Department for International Development, has embarked onestablishing the regulatory and institutional framework for thedevelopment of PPPs. This includes finalizing the PPP Regulationsand drafting the Guidelines that will assist contractingauthorities to develop PPP projects. This support also includes aPPP capacity-building program for contracting authorities and otherstakeholders, and the development of a Fiscal Commitment andContingent Liabilities Framework. An assessment framework for theselection of priority PPP projects has also been developed.
A pipeline of PPP projects is being developed by the PPP Unitwith technical support from the World Bank. Details of the same areprovided in table 3.
22 Source: World Bank: Uganda Economic Update, 9th edition, May2017.
22
TABLE 3: PROJECTS CONSIDERED BY THE PPP UNIT FOR POTENTIALINCLUSION IN THE PROJECT PIPELINE23
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
1 Mixed-Use Development
Makerere University
Education The project is to build a 5-star hotel.
70.00 255,500.00 PPP legal assess-ment complete, project will beimplemented as a development lease. Makerere University issued aRequest for Quotation in December 2017
2 3-Star Hotel and Convention Centre
Makerere University
Education The project aims to build a 150 bed Three-Starhotel.
18.00 65,700.00 PPP legal assess-ment complete, project will beimplemented as a development lease.
3 Middle Income Housing
Makerere University
Education The project aims to a middle income gatedcommunity
25.50 93,075.00 PPP legal assess-ment complete, project will beimplement-ted as a development lease.
4 Student Centre
Makerere University
Education The project will develop a one stop information Centrefor students and faculty members.
16.40 59,860.00 PPP legal assess-ment complete, project will beimplemented as a development lease.
5 Additional Student Accomm-odation
Makerere University
Education The project will provide additional housing tostudents.
28.90 105,485.00 PPP legal assess-ment complete, project stillunder consideration for one of the four sites proposed. Need Boardapproval to proceed as a PPP. However, the President has publiclyannounced providing student housing is not the responsibility ofthe Government.
6 Kampala Solid Waste Management PPP
Kampala Capital City Authority
Water & Environ-ment
The project will repurpose and provide resource recovery atKitezi landfill and construct a new landfill in Dundu.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Full PPP feasibility study ongoing
23 Estimated costs in UGX and USD may not be consistent acrossprojects due to variations in foreign exchange rates over a periodof time.
23
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
7 AGBINIKA 2.2 MW SHPP
Uganda Electricity Generation Company Limited
Electricity The project aims to provide 2.2 MW installedcapacity, 9.3 GWh annual power production.
8.00 29,200.00 Prefeasibility study completed
8 OKULACERE 6. MW SHPP PROJECT
Uganda Electricity Generation Company Limited
Electricity The project will provide 6.3MW installed capacity,21.7GWh annual power production.
26.00 94,900.00 Prefeasibility study completed
9 Kampala Street Lighting
Kampala Capital City Authority
Electricity Provide 4500 Units of street lights (bulbs) over thenext five years to light up the city.
117.00 No information submitted by Contracting Authority
Concept stage
10 Design and Construction of the Ministry of Works andTransport Head-quarters Building
Ministry of Works and Transport
Works and Transport
Office accomm-odation for MoWT Head-quarters, Statutory Boards,Commissions and Agencies under the MoWT
28.00 102,200.0 Concept stage
11 Construction of a New Ship to replace MV Kabalega
Ministry of Works and Transport
Works and Transport
The project will provide transport services (freight) byship.
35.40 129,210.00 Concept stage
12 Lake Victoria Transport Program
Ministry of Works and Transport
Works and Transport
The project will provide services between ports, to easebusiness transactions. It will provide access to hinterland andremote areas.
150.00 547,500.00 Concept stage
13 Development of Bus Rapid Transit in Kampala
Ministry of Works and Transport
Works and Transport
The Project will provide transport services by big buses whichshall operate on dedicated lanes.
17.50 63,875.00 Full technical feasibility study completed
14 Development of Gulu Logistics Hub
Ministry of Works and Transport
Works and Transport
The project aims to promote trade in the northern part of thecountry and Uganda as a whole.
18.30 66,795.00 Prefeasibility study completed
24
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
15 Development of Logistic Hubs (Tororo, Kampala andMbarara)
Ministry of Works and Transport
Works and Transport
The project will provide modal shift function between rail,truck and inland water way, to provide container depot function toreduce export cost and provide logistic services includingwarehouse distribution Centre and one stop shop.
90.00 328,500.00 Full technical feasibility study completed
16 Mbarara University Inn
Mbarara University of Science and Technology
Education The project is to operate a 3-star hotel.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
17 Kenya-Uganda-Rwanda 400kV Transmission Line Project
Uganda Electricity Transmission Company Limited
Energy The project aims to provide transmission capacity of over1200MW to cater for Grid Inter-connection between Kenya, Uganda andRwanda
318.70 1,163,255.00 Full technical feasibility studycompleted.
18 Kinyara-Kafu 200kV Transmission Line Project
Uganda Electricity Transmission Company Limited
Energy This project will provide infrastructure to meet thepower supply needs of the western Uganda and evacuate mini-hydropower
65.10 237,615.00 Full technical feasibility study completed. Theproject will be implemented under an Engineering ProcurementConstruction and Financing contract. MOU has been signed.
19 Mirama-Nsongezi 132KV Line and Associated Substation
Uganda Electricity Transmission Company Limited
Energy The project aims to strengthen the backbone grid tosupport electrification of south western Uganda
32.90 120,085.00 Full technical feasibility study completed.Investor identified.
20 Nkenda-Beni-Bunia Project 200kV
Uganda Electricity Transmission Company Limited
Energy The project will provide transmission infrastructure tocater for future grid interconnections to the East African PowerPool (SAPP), and the Great Lakes States Grid.
22.20 81,030.00 Full technical feasibility study completed.
25
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
21 Kampala-Bombo Expressway
Uganda National Roads Authority
Works and Transport
The project will link Kampala to South Uganda. The expresswaywill act as the primary transit corridor for transportation ofimports via Kenya and Uganda to other landlocked countries such asSouth Sudan and Democratic republic of Congo.
500.00 1,825,000.00 Full technical feasibility studycompleted.
22 Kampala-Busunju Expressway
Uganda National Roads Authority
Works and Transport
This project aims to link Kampala-Busunju in the central regionto Hoima-Kiboga road that connects to the Albertine region whereoil exploration is underway.
500.00 1,825,000.00 Concept stage
23 Kampala-Entebbe Expressway
Uganda National Roads Authority
Works and Transport
The project will link Entebbe International Airport to theGreater Kampala metropolitan area.
476.00 1,737,400.00 Transaction Advisor Hired
24 Kampala-Outer Beltway
Uganda National Roads Authority
Works and Transport
The Beltway links City of Kampala with other expressways such asKampala-Jinja, Kampala Southern Bypass, Kampala – Bombo,Kampala-Mpigi and Kampala-Entebbe
900.00 3,285,000.00 Full technical feasibility studycompleted.
25 Kibuye- Busega-Mgipi Expressway
Uganda National Roads Authority
Works and Transport
The Expressway will improve mobility along the congestedsouthern and western corridors of Greater Kampala by divertingtraffic from the existing road.
327.00 1,460,000.00 Full technical feasibility studycompleted.
26
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
26 Multipurpose Water for Production Infrastructure andFacilities’ Development Project in Isingiro District
Ministry of Water and Environment
Water The project aims to construct a dam and multipurpose watersystem and facilities for irrigation of 433ha. It will also providebulk water supply from Nsongezi Offtake based on R. Kageraabstraction for livestock and irrigation of 1500ha.
47.29 172,608.50 Prefeasibility study completed.
27 Lopei Multipurpose Water Development Project
Ministry of Water and Environment
Water The project aims to construct a multipurpose dam that hasa storage capacity of 120 MCM and a 5000ha Irrigation scheme inLopei.
65.00 237,250.00 Prefeasibility study completed.
28 Biiso Irrigation Scheme Development Project
Ministry of Water and Environment
Water The project aims to construct irrigation infrastructure,establish sustainable farmer based institutional management systemfor irrigation scheme and provide scheme maintenance equipment.
23.00 83,950.00 Full technical feasibility study completed.
29 Ngoma Wakyato Rural Water Supply System in NakasekeDistrict
Ministry of Water and Environment
Water The project aims to construct 35 KM of transmissionpipelines to increase rural water supply coverage to 75, 486 peoplein Nakaseke district.
19.00 69,350.00 Full technical feasibility study completed.
30 Bulk Water Supply System for the Oil Refinery
Ministry of Water and Environment
Water The project will provide water for oil refinery. Theproject will install a bulk water supply infrastructure for theproposed oil refinery.
116.30 424,495.00 Concept stage
27
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
31 Kampala Jinja Expressway
Uganda National Roads Authority
Works and Transport
The project will relieve congestion on the existing "KampalaJinja Highway" by constructing a toll expressway between Kampalaand Jinja.
1,000.00 3,650,000.00 Full PPP feasibility study completed
32 IT Parks National Information Technology Authority Uganda
Information Communi-cations Telecomm-unications & NationalGuidance
The project will provide a fully functional IT complex coveringan area of about 17 acres with amenities that will host themulti-national IT companies.
155.20 566,480.00 Full technical feasibility study completed andhave hired a TA for PPP feasibility study
33 Managed Equipment Services
Ministry of Health
Health The project will manage equipment in 2 national and 15regional referral hospitals
500.00 1,825,000.00 Concept stage
34 Medical Waste Management
Ministry of Health
Health The project will manage medical waste in 2 national and15 Regional Referral Hospitals, and General Hospitals
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
35 Oncology Cardiac Renal Centre
Ministry of Health
Health The project will provide specialized oncological, cardiacand renal diseases diagnostic and management services.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
36 Uganda eHealth Project
Ministry of Health
Health The project will manage IT equipment, platforms anddatabases in MOH, hospitals, health center
60.00 219,000.00 Concept stage
37 Uganda Emergency Medical Services Project
Ministry of Health
Health The project will provide emergency medical service
60.00 219,000.00 Concept stage
38 Kampala Annuity Roads PPP
Kampala Capital City Authority
Roads The project will expand, improve and upgrade the city roadnetwork in Kampala.
100.00 365,000.00 Prefeasibility study completed
28
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
39 Re-Development of Kampala Old Taxi Park
Kampala Capital City Authority
Transport The project aims to redevelop the old taxi park todecongest the city and improve traffic flow in the city.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Prefeasibility study completed
40 USAFI Market & Taxi terminal Re-Development
Kampala Capital City Authority
Market Infra-structure
The project will redevelop a taxi terminal into a moderntransport hub to improve mobility in the city. It will createworkspaces for up to 50,00 vendors and artisans and formalizebusinesses.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
41 Greater Kampala Light Rail Mass Transit (LRT) (Phase 1)
Ministry of Works and Transport
Transport (Railway)
The project aims to construct a rail based rapid transit systemthat is powered by electricity in Greater Kampala. The project(first phase) will construct 45 kilometers of light railwaynetwork.
1,044.00 3,754,000.00 Prefeasibility study completed
42 Multipurpose Convention Centre
Makerere University Business School
Education and Recreation
The project will develop a multi-purpose convention center tofacilitate seminars, conferences, for meetings, student training atthe hotel, and lectures. The center will also have restaurants anda business center.
No information submitted by Contracting Authority
35,000.00 Concept stage
43 The MUBS Sports Complex
Makerere University Business School
Sports, Education and Recreation
The project aims to develop a sports complex center that offersa wide variety of facilities to the community. The facility willserve both public and university clients.
1.21 4,500.00 Concept stage
44 Albertine Graben Regional Water Supply and SanitationInfrastructure
Ministry of Water and Environment
Water and Environ-ment
The project will construct regional water supply systemscovering 30 towns located in the Albertine Graben Region
367.10 1,355.00 Prefeasibility study completed. Funding for fullPPP feasibility study under negotiation with UK Export Finance
29
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
Development Project (AGR-WSSIP)
(Hoima, Buliisa, Masindi, Nwoya and Nebbi districts). Publicsanitation facilities and fecal sludge treatment facilities willalso be constructed.
Agency.
45 Kabaale International Airport
Ministry of Energy and Works
Works and Transport
Ministry of Energy and Works wish to develop an inter-nationalairport in the Albertine region (Kabaale) to facilitate the oilrefinery process and transportation of other logistics. The projectis planned to accommodate 3,500 m runway with orientation of160’/340’ (16/34). The project will be developed in 2 phases. Phase1 includes facilities like runway, taxiways, apron, fuel firm, firestations, multi-purpose hangar, perimeter fence, drainagefacilities, terminal building, basic landing instruments Phase 2targets airport capacity enhancements – expansion of the passengerterminal building, permanent cargo complex, permanent controltower, construct-ion of a parallel runway.
280.00 1,033.62 Already contracted, Joint venture between Colasof UK and SBI/Israel
46 Ayago Hydro Power Station
Uganda Electricity Generation Company Limited
Energy Ayago Power Station is a proposed 840 MW project to belocated at Ayago on the Victoria Nile – Nwoya & Kiryandongodistricts. Ministry of Energy appointed UEGCL as theimplementing
1,970.00 7,272,255.00 Full technical feasibility studycompleted.
30
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
agency for this project on behalf of Government. The projectcost is approximately USD 1.97 Bn. the initial plan was executethis project within 72 months.
47 Oil Refinery Project
Ministry of Energy and Works
Energy Government through Energy Ministry plans to construct OilRefinery Facility with the capacity of 60,000 bbl/day but startingwith 30,000 bbl/day. Government has already made a position todevelop this project through a PPP process – Joint Venturearrangement. The proposed share-holding is 60% private and 40%Government.
4,500.00 16,611,750.00 Full technical feasibility studycompleted.
48 Crude Oil Pipeline
Ministry of Energy and Works
Energy Following the discovery of oil deposits in Uganda(Albertine region), govern-ment plans to construct and maintainpipeline covering 1,403 Km to transport crude oil from Hoima inUganda to Tanga Port in Tanzania – to link the oil fields torefineries. The pipeline estimated capacity is 200,000 barrels ofcrude oil per day.
4,000.00 14,766,000.00 Full technical feasibility studycompleted.
49 Water transport facilities
Ministry of Energy and Works
Water Ministry of Energy is considering developing watertransport facilities to transport re-fined oil as well as otherfacilities to enhance oil pro-duction and Min-istry intends toin-volve private sect-or participation.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
31
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
50 Latoro Small Hydro
Uganda Electricity Generation Company Limited
Energy No information submitted by Contracting Authority
18.00 66,447.00 Concept stage
51 Masiba Small Hydro Plant
Uganda Electricity Generation Company Limited
Energy No information submitted by Contracting Authority
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
52 O&M of Karuma, Nyagak, and Isimba Dam Hydro PowerPlants
Uganda Electricity Generation Company Limited
Energy UEGCL has decid-ed to use O&M Concessions (PPP) torun the HPP under construction. However, UEGCL’s current plan is toengage the private sector on a small scale/short term basis. Theidea is to develop local capacities in managing hydro powerprojects. In addition, UEGCL plans to partner with the privatesector to build Hydropower Training Hubs through an SPVarrangement.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
53 Mutukula Market
Iganga Municipal Council
Works and Transport
The Council in-tends to use PPP arrangement to deliver thisproject as part of its efforts to expand its revenue.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
54 Car Parking Project
Mulago National Referral Hospital
Works and Transport
Construction of a modern multi-level parking space andcommercial amenities (shops, supermarkets, food, medical courts andoffice space) on a built-up space of approximately 26311 squaremeters with capacity for 1550 cars through Design, Finance, Build,Operate and Transfer (DFBOT)
19.1 70,507.00 Prefeasibility study completed
32
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
Concession of 15 years. This is a Turnkey Project with estimatedoperational expenses projected at 75% for the first 6 years and 60%of the remaining 9 years of the concession.
55 Specialized Housing and Mixed-use Real Estate Projects
Mulago National Referral Hospital
Works and Transport
In line with Government’s Policy to minimize subsidies, Mulagointends to enter into partnership with the private sector todevelop and operate these projects with an aim of providingefficient services to the public, income generation and provisionof employment opportunities to Ugandans in line with the NDP II
158.10 583,257.00 Prefeasibility study completed
56 Redevelopment of Posta Properties
Posta Uganda
Housing Posta intends to develop its properties – Mengo Postoffice, Postal Building, clock Tower Post office and General Postoffice through a PPP arrangement with the aim of improving thecompany’s cash flow, improve its rental earning as well as maximizevalue for money from the company’s estate by enhancing spaceutilization and improving occupancy of the properties.
117.45 435,000.00 Procuring a Technical Advisor
33
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
57 Public Servants Housing Scheme Project
Ministry of Lands, Housing & Urban Development
Housing The Ministry proposes to construct and sale 10,000housing units to the public servants in Kampala and 12 other urbanareas across the country.
4,000.00 14,766,000.00 Concept stage
58 Construction of Ministry Headquarters at Kyambogo
Ministry of Education and Sports
Housing No information submitted by Contracting Authority
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Prefeasibility study completed
59 Redevelopment of Sport Facilities at Lugogo Kampala andConstruction of other Stadiums
National Council of Sports
Sports/recreation
The project will redevelop the Sport complex in Lugogo.
15.00 55,372.00 Prefeasibility study completed
60 Construction of Army Barracks for 30,000 Units
Ministry of Defense
Housing/Defense
The project aims to develop accommodation to army officers,offices and construction of a modern mess equivalent to 4-starhotel to serve the UPDF and the public.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Procuring a transaction advisor
61 Relocation of Kigo Prison and Redevelopment of LuziraPrison
Uganda Prisons
Housing/Defense
Uganda Prisons plans to decongest Luzira Prison which wasoriginally designed to accommodate 1000 inmates and now is overcongested with approximately 4200 inmates, construct its newheadquarters, and relocate Kigo prison to Kasanje.
44.50 165,000.00 Project stalled
62 Uganda Police Force Accommodation
Uganda Police Force
Housing UPF intends to implement an accommodation projectcomprising of residential accommodation facilities, police trainingfacilities, headquarter and services support systems through a PPParrangement
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Project stalled
34
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
63 National Data Center and Disaster Recovery Facility
National Information Technology Authority Uganda
Information Commun-ications Telecomm-unications
NITA-U is implementing the National Data Centre aimed atconnecting all major towns onto the National Backbone through thelaying of Optical Fiber cable (2294 km) The project will entail;Building
construction of the center
National data center infrastructure
National data center manage-ment systems – Systems forIntegrated O&M, Integrated Security & Command &Control
44.00 162,426.00 NITA-U reconsidering project structure
64 Digital Terrestrial Television
Uganda Broadcasting Corporation
Entertain-ment
Movement from an analog to digital signal for terrestrialtelevision
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Transaction advisor procured
65 Redevelopment of UNCC
Uganda National Cultural Center
Culture UNCC in line with its mandate plans to redevelop itsprime property with an Ultra-modern cultural center with 3theatres, re-source center, crafts center, Uganda traditionalmedicine, recreat-ion center, art gallery, office space and 5-starhotel. The project is meant to generate revenue for UNCC andpromote Uganda’s culture in the region and internationalspheres.
200.00 812,130.00 Full technical feasibility study underway.
35
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
66 Source of the Nile River Project
Ministry of Tourism
Tourism The Ministry plans to utilize the value of having thesource of River Nile in Ugandan to attract both local andinternational tourists. The project will comprise; de-velopment oftourism facilities, hotels, entertain-ment facilities, recreationalfacilities at the Source of River Nile through PPP arrangement
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
67 Cable Car Project
Ministry of Tourism
Tourism The Ministry plans to develop and implement a Cable Carproject on Mt. Rwenzori National Park as part of its pro-motion oftourism and Mt. Rwenzori. The project will entail establish-ment ofcable cars in the peaks of Mt. Rwenzori, construction of tourists’facilities – restaurants, hotels.
34.00 125,511.00 Prefeasibility study completed
68 High-level Bridge at Murchison Falls
Ministry of Tourism
Tourism The Ministry plans to construct a start art bridge atMurchison falls where local and international tour-ists will be inposition to view the falls and the wild life.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Concept stage
36
No Project Name Contracting
Authority Sector Project
Description
Estimated Project
Cost (USD millions)
Estimated Project Cost (UGX million)
Project Status
69 Wildlife Satellite Centers
Ministry of Tourism
Tourism The Ministry plans to develop regional wildlifesatellite centers starting with Mbale, Mbarara, Fort Portal. Sofar, the Ministry has identified land for these projects in FortPortal (Toro Kingdom has offered land for this project, Mbarara andMbale.
No information submitted by Contracting Authority
No information submitted by Contracting Authority
Full technical feasibility study completed.
70 Wildlife Collaborative Management
Uganda Wildlife Authority
Tourism Since 2010, UWA has been involving the private sector inthe conservation of wildlife through concession agreements given tothe private sector partners procured through a
(PDF) Rights and Permissions - pppunit.go.ug · a study on public-private partnership (PPP) disclosure in Uganda, using the PPP Disclosure Diagnostic template recommended by the World Bank - DOKUMEN.TIPS (2023)
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