Transcript Slide 1

Martin Darcy
Examples of Successful PPP
projects - how to avoid mistakes
Case Studies of Three Projects
PPP
Seven points to remember - Always
1.
There is no such thing as a PPP project intrinsically, only Public
Investment Projects that may or may not be procured using a
PPP methodology
2.
PPP is only a concept - a marketing name that can be adapted
to individual project conditions
3.
It is essential to be clear about the Objective (s) of the project
initiative
4.
All Public Investment Projects should be subject to the same
Evaluation and Appraisal methodology, whether or not they are
likely to be procured as a PPP
Seven points to remember - Always
5. PPP cannot turn a bad project into a good one
6. PPP should not be used as an accounting trick to defer
Budgetary liabilities but as an efficient method of
delivering a Public Investment Project
7. Unrealistic expectations:
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miracle cure for other weaknesses in the project, the sector or the wider
economy
affordability
project schedule
preparation budget
will cause problems, disappointment and probably failure
Case Study
No. 1
City of Derry Airport
Key Statistics
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Approximately 450k passengers per annum
Some seasonal component
But limited catchment area
No cargo
Light aircraft / training / flying club
Good standard of airfield compliance and
navigational aids
 Close to 2 x World Heritage Sites
The Problems that needed to be Resolved
 Large subvention that consumed 11% of the
City’s total budget
 Constant calls on capital which could not be
afforded
 Lack of ideas to drive growth
 Acceptance that politicians and public officials
were not the best people to run an airport
Managing Stakeholders
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Politicians
Officials
Airport Staff
Labour Unions
Local businessmen
Media
Did the Airport Have a Future at all?
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Economic Assessment
Independent
Cost Benefit Analysis
Peer Reviewed by non vested interests
Small positive net benefit to the local
economy
 Cross border issues
(Finally Agreed) Objectives of the Owners
1. To keep the airport open for commercial
flights
2. Reduce subvention short term / eliminate it
long term
3. Maintain and increase number of routes and
number of passengers
4. Improve commercial revenues
5. Maintain regulatory compliance at all times
Market Test
 What the stakeholders want may not be possible
 There is only one way to find out…..
 Discuss in a non binding but transparent way
which bidders might be interested in principle
 If the stakeholders ‘needs’ aren’t possible – walk
away
 If the ‘needs’ are possible but the ‘wants’ aren’t –
find out what might be possible
 Also discuss the findings with stakeholders
What we found out
 Moderate interest in the opportunity
 Seen to be ‘too small’ by most operators / investors
 Concern about Ryanair presence
 A lot of speculative interest from aviation consultants / real estate
developers / local businessmen
 How many of these were likely to make bids that would be of
interest to the owners???
 Owners had already agreed that unless at least three serious
expressions of interest could be identified, the private sector
involvement would be discounted.
When there is a Management Services element
Key Issues 1:
Service spec and standards – say what you want
Performance regime - align the service provider's financial
incentives with the Authority’s objectives
Employees – in the EU, the Acquired Rights Directive is
likely to apply (both at the start of the contract and at
the end - so, consultation, communication etc is
important - often public sector employees have
beneficial pensions provisions - always a sensitive issue
and potentially a big issue
Regulatory environment - licenses (who is the Responsible
Person?) safety case and history; insurances; State Aid
When there is a Management Services element
Key Issues 2:
Governance regime – balance to be struck between Authority’s desire
to have some influence (proportionate to their economic interests)
and the private sector's wish to have control over decisions so as to
enable speedy decision making and protect their investment
Termination events - how can you terminate a contract? When and on
what grounds etc? But, importantly, think about the practicalities transitional / handover arrangements ?
Compensation on termination - a possible problem depending on
what capex etc the provider has invested they may require some
form of compensation even where they are in breach.
If bank finance is involved this will be a big issue
Evaluation Criteria
Procurement
 Structured intentionally to attract as many bids as possible, with as much
flexibility as possible - with a view to short-listing three bidders. The
owners were open to innovations and so did not wish to be overly
prescriptive
 Selection of a Preferred Bidder (PB) was possible quite quickly through
careful calibration of objectives and evaluation criteria
 The strategy was to start negotiations with a PB as early as possible to
enable a workable solution to be developed – It gave us more time to
discuss an appropriate legal and commercial solution; the downside was
that postPB, some of the competitive tension had been removed
 Post - PB stage - timeline had been planned for 3 months - not met!
 Negotiations ran through to September 2010(6 month overrun) - due
largely to public sector delays around labour issues, although private
sector negotiations were also slow.
Issues during Negotiation
Performance regime and payment mechanism - this was a performance
based contract, incentivizing the Service Provider (SP) to deliver results
through financial levers. Needed to ensure that the SP was contractually
committed (and incentivized) to achieving the Council's key strategic
objectives, specifically that of reducing subvention - this was a specific Key
Performance Indicator (KPI)
Labour Issues - tricky to resolve - largely political not commercial. This
required quite extensive negotiation due to sensitivity / political context. Time
was lost because of this.
Insurances - the interplay between the relative insurances and covered risks
and the extent of SP liability for issues such as Health & Safety, required
careful consideration
Termination - issues around linkage of default (in a KPI based contract) arose
but issues required to be settled around ability of Authority to step-in to take
over SP's obligations temporarily, and the hand-over arrangements upon
termination
Was everyone satisfied with the outcome?
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Traffic improving
New routes announced
Small scale investment plans underway
Derry City Council can plan its Budget with
more certainty
 Employees feel more comfortable about their
future
 So far……..objectives being achieved but early
days
Case Study 2
Water and Waste Water
Infrastructure
Northern Ireland
Motivation for the Projects
EU Directives
 Scale of overall investment needs
 Water reform and lack of internal
implementing resource
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Options
Mix of public and private sector
investment
 New build or renovate
 Greenfield or existing sites
 Low technology or new technology
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Preferred Solution
Publicly financed investment only to the limit of
the public sector’s ability to implement effectively
 Private sector investment would deliver the rest estimated at €350m of €1.4bn total
 Private sector investment programme (PPP
Programme) broken into two major multi-site
procurements:
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 Drinking Water projects – named ‘Project Alpha’
 Waste Water projects – named ‘Project Omega’
Project Alpha - Objectives
To provide 50% of Northern Ireland’s drinking
water capacity
 To achieve quality standards compliant with
EU Drinking Water Directive
 To achieve the above to meet legal deadline
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Water Treatment – Project Alpha
5 Existing sites
 Estimated €200m of investment
 No land acquisition issues
 Few planning difficulties anticipated
 One procurement process for all five
projects
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Issues during Preparation –
Project Alpha
The most attractive and bankable structure
had ‘balance sheet’ issues; this led to a
major crisis of confidence amongst some
stakeholders
 Raw water data
 Raw water consistency
 Sludge management
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Project Alpha
Implementation Schedule
May 2003 – Inception
 January 2004 – Project Launch
 May 2004 – Call for competition
 May 2006 – Financial Close (ahead of
schedule by 3 months)
 September 2007 – construction work
completed ahead of schedule
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Outcomes – Project Alpha
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Winning bid = €70m capital cost saving over initial engineers
estimates
Whole life savings of 19%
Project procured 3 months ahead of schedule
Claimed by the advisers to be a ‘World Record’ time for a
major infrastructure financing
Waste Water – Project Omega
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Renovation / new build and rationalisation
with investment requirement estimated at
€150m
Three key geographical areas with multiple
projects (13 sites)
One procurement process for everything
Rationalisation element gave great scope for
innovation
No preconceptions about which technical
solutions to use
Several bankable templates were already in
existence
Project Omega
Issues during Preparation Stage
Sludge management
 Trade effluents
 Infiltrations
 Flow and Composition base data
 Planning issues concerning some sites
 Land acquisition required on at least
one site
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Project Omega
Issues During Procurement Stage
Urgent investment need requiring an
Advance Works Contract – high risk strategy
for Authority
 Reform of the Northern Ireland Water Service
– ‘the Authority’
 The sale of the Preferred Bidder to a private
equity consortium
 Inadequate leadership from senior
management at Preferred Bidder
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Project Omega
Implementation Schedule
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Advisers appointed January 2004
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OJEU December ’04
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Preferred Bidder appointed January ‘06
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Financial Close March ‘07
Project Omega –
Outcomes
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Project signed one month
later than forecast
11% improvement in
whole life vfm compared
to the Public Sector
Comparator
Construction on Schedule
Represented the
successful conclusion of a
major PPP Programme
Main Lesson Learned on the Entire
Programme
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Investment in thorough evaluation and
good preparation pays back through
good results in:
 On
time delivery
 Value for money
 Avoidance of legal challenges
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