Delivering Public Private Partnerships in PNG

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Port Moresby Chamber of Commerce-INA Public Private Partnership Seminar Pt Moresby, 22 nd February, 2012 1.4 Delivering Public Private Partnerships in PNG Michael Regan Professor of Infrastructure Institute of Sustainable Development & Architecture Bond University, Gold Coast, Australia mregan@bond.edu.au 1

What is a PPP? Public private partnerships are a method for state procurement of infrastructure services. Typically, a PPP is a long-term contract for public goods and services financed by private firms for provision of infrastructure services to or on behalf of government. Terms often used with similar meaning include concessions, franchises, build operate transfer (BOT), build operate own transfer (BOOT) and design build finance operate (DBFO). PPPs are also known as the Project Finance Initiative (PFI), Privately Financed Projects (PFP) and private Participation in Infrastructure (PPI). PPPs policy frameworks are in 127 countries worldwide.

1040 PROCUREMENT MODELS ` TRADITIONAL PROCUREMENT INTERNAL DELIVERY TRADITIONAL PROCUREMENT INTERNAL PROJECT MANG T PRIVATELY FINANCED PROJECTS PFI & PPP JOINT VENTURES OUTSOURCING or CONTRACTING OUT RELATIONSHIP CONTRACTING CONCESSIONS (Long-term licenses & leases of a monopoly) (Non-networked) BUILD OPERATE TRANSFER (BOT) PARTIAL ENTERPRISE PRIVATISATION FULL ENTERPRISE PRIVATISATION BUILD OPERATE OWN TRANSFER (BOOT) BUILD OWN OPERATE (BOO) (Infinite franchise) H2 36

Applications PPPs are employed across most infrastructure sectors: telecoms, toll roads, energy, water, ports, public transport, road maintenance, waste management, airports, transport facilities, convention centres, health and education projects. Evidence indicates that PPPs are delivering value for money in those countries where they are employed. PPPs are not privatisations and the term is not generally used with service contracts. 4

Clockwise: A2 Poland, Southern Cross Station, Melbourne, Calderdale Hospital, UK, Waste Water Treatment Plant, UK. 5

Role of the State and PPP Centre To select, evaluate & prioritise procurement alternatives (incl. preparation of public sector comparator (PSC) risk-weighted model) Define the service to be delivered an output specification (the delivery solution passes to the contractor) Evaluate bids and negotiate the contract Budget for the unitary payments as necessary Provide the institutional framework and governance.

STATE Investor Prepares an output specification Builder PPP agreement Facility Manager SPV Successful bidder Bank Consultants Suppliers Service delivery State is a buyer of services Credit support Credit Insurers» Innovation» New technology» Marginal returns» Incentives» Incomplete contract CONSUMERS PUBLIC Political Risk Insurers Reinsurers 7

How does the state manage a PPP program? A dedicated PPP unit with both the skills and the resources to assist line agencies Political leadership A pipeline of projects (avoid hold-up delays) Foster a competitive bid market Recognition of the need for supporting institutions (capital market, FDI laws etc.) Apply a rigorous project selection, evaluation and bidding process

DEVELOPING A PPP PROJECT THE PROCESS 1. Identify the service need Output specification 2. Appraise the options Procurement alternatives Evaluate financial impacts 3. Develop the business case Risk identification Cost benefit analysis Build the PSC 4. Project development Commercial principles 5. The bid process EOI, RfP, evaluate bids 6. Project finalisation review VfM determination 7. Final negotiation Contract & financial close 8. Contract management Formalise contract management, monitor project 1481 delivery, CAM 9

Clockwise: Orange Hospital, NSW Schools 2; Wodonga Courts Complex; Qld. Schools

Risk Transfer to the Contractor Risk allocation schedule passes most project and service risks to the contractor The PSC and bids are risk-weighted Risk transfer contributes to the value for money bid evaluation process which uses both quantitative and qualitative measures The state pays for the service it receives: substandard services are fully or partially abated Risk transfer removes many of the characteristics of adversarial contracting.

1786 RISK ALLOCATION SUMMARY Southern Cross Station Project RISK Existing structure Environmental Site risk Design Construction Commissioning Market Disruption Operating Cost structures (usage) Network risk Existing rail infrastructure ALLOCATION Private bidder State Private bidder Private bidder Private bidder Private bidder Private bidder Shared between parties Private bidder Shared with capacity limit Shared depending on use Private bidder SOURCE: Spencer Street Station EOI, 19 July 2001. 12

Asset Lifecycle Costs 1166a 47% REPAIRS & MAINTENANCE x 4.7 (50%) $ PROCUREMENT (10.5%) 1. Capital cost 2. Embedded technology LIFECYCLE CAPITAL EXPENDITURE x 3.8 (40%) 1. Real Depreciation 2. Replacement plant/equipment 3. Refurbishment 4. Improvements 5. Replacement technology 6. Changed legislative requirements (reduced carbon footprint, OH&S) 1. Cleaning 2. Replacements 3. Waste disposal 4. Energy costs 5. Software (security, fire systems) 6. Catering, car parking 7. IT Servicing 10.5% 50.5% Cumulative 100% 13

Clockwise: Southbank Institute; NSW Schools 2; RAF Edinburgh, NSW Schools 1.

Private Finance The income-producing service is financed by the SPV which generates income from user charges (market risk) or unitary payments made by the agency (availability payment). This mainly takes the form of limited recourse long-term project finance. Private lenders bring project experience and capital market discipline to these highlyleveraged transaction.

Operational Decision-Making PPPs leave the how to question to the contractor. Under traditional contracts, contractors may cut corners to improve margin. Direct impacts on lifecycle costs, service quality. Operational decision-making provide the contractor with an incentive to deliver assets with low lifecycle costs. Evidence shows that incentives operate to build a better facility that delivers better services (linked to the payment system). It also encourages innovation and technology..

Clockwise: Romford Hospital, UK; Cross- City Tunnel Sydney; Canary Wharf, London; M6 Tollroad, UK. 17

The Form of Specification PPPs employ an output specification: 1. Input specification the client designates the exact dimensions, fit-out and finishes of the asset traditional procurement. 2. Output specification the client defines the service that it wants the asset to deliver and leaves the how to question to the private bidders the PPP option. Output specifications provide a platform for private bidders to deliver innovation and new technology. 18

Traditional Contract Input specification Design and/or construct Short term complete contract Agency meets all costs Limited risk transfer (construction time & cost) Tender bid process Lowest price criteria Adversarial contract (many terms are non-observable) Agency retains noncontractual risk incl. LCC PPP Output specification Fully integrated process Incomplete long-term contract (ADR provisions) SPV meets all costs Significant transfer of risk to private SPV Pre-qualification and tender Value for money criteria ADR removes most adversarial features Agency transfers residual and lifecycle cost risk to contractor.

Outcomes PPPs bring rigour and discipline to the procurement process Involves long-term strategic planning for services Attract design and innovation Improving project procurement science (NAO 2001, 2003, 2005) Lessons learnt from 15 years of experience in developed, transitional and developing economies are informing current policy Increasing the infrastructure investment pool Achievement of value for money outcomes.

Input Specification Output Specification Value for Money Inhouse Optimal risk transfer & private capital incentives Traditional Procurement Leases (BLT, BOLT) BOO, BOT, BOOT Transactions Public Private Partnerships Enabler Provider Role of Government Risk Transfer 30 21

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