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Union, principally financed by the EU A joint initiative of the OECD and the European Ensuring Good Quality PPP Projects Martin Darcy United Kingdom « Concessions and Public-Private Partnerships » Ankara, 10-11 March 2008 © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Potential Projects Water/Sewerage Power provision Airports / Seaports Highways / Bridges / Tunnels Hospitals Prisons and Court Buildings Schools / Colleges / Universities Libraries and Museums Government Buildings (National / Municipal) IT / IS / Telecoms Waste Management Car parking © OECD Union, principally financed by the EU A joint initiative of the OECD and the European How a PPP project is created Three main phases 1. Project preparation and development 2. The bidding and negotiation phase 3. Implementation and operating phase © OECD Union, principally financed by the EU A joint initiative of the OECD and the European 1. Project preparation and development Define project objectives, need and business case Create the team (including external advisers) Risk assessment and strategy Technical Dialogue *** Procurement strategy and realistic timetable Develop bid evaluation criteria Draft contract documentation Approvals and marketing Without proper preparation the project will probably fail (before or after award process ) © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Technical Dialogue Current position is confirmed: Before launching a procedure for the award of a contract, contracting authorities may, using a technical dialogue, seek or accept advice which may be used in the preparation of specifications, provided such advice does not have the effect of precluding competition. © OECD Union, principally financed by the EU A joint initiative of the OECD and the European 2. Procurement and negotiation Advertisement and calls for expressions of interest Prequalification and selection of bidders Issue of tender documents to selected bidders Return of bids Evaluation of bids Select ‘Preferred Bidder’ Contract negotiations Commercial / financial close At least 12 months © OECD Union, principally financed by the EU A joint initiative of the OECD and the European 3. Implementation,Operation and Regulation Creating a working partnership Managing contractual obligations Extracting the efficiencies Delivering / improving the services Change management © OECD Financial Adviser Union, principally financed by the EU A joint initiative of the OECD and the European Contractual Organisation Example Government Client Legal Advisers Financial Advisers Project Agreement Specialist Advise Legal Advisers Special Purpose Company Financed by Equity Specialist Advisers Principle Long Term Debt Finance subcontracts Design and Construct Contract Design Construction Subcontracts Operating Contract Operating Subcontracts © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Simple Funding Principles For A PPP Project using Private Finance 100% 20% Investment cost EQUITY Long term 80% Borrowings More risk more equity Debt is cheaper than equity 0% © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Risk Management – at the heart of the matter Identify Analyse Allocate Mitigate ‘The risk should be borne by the party best able to manage it or to manage the financial consequences’. © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Treatment of Risk Key to Lenders and Investors Will affect the overall value for money of the project © OECD Union, principally financed by the EU A joint initiative of the OECD and the European ‘Gateway Reviews’ Mandatory in the UK and aimed at improving the quality and outcomes from public investment programmes / projects To identify and prevent mistakes that may only materialise when it’s too late Gives confidence and assurance to decision makers Idea based on the concept of ‘Peer Review’ in common and widespread use in the private sector for decades. Must be independent Must not be burdensome or bureaucratic © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Each Gateway…. …has a team of usually three people all independent of the outcome …team will meet for a briefing followed by the review itself. Total time and commitment usually less than two weeks per stage. …need not delay anything. They are usually run in parallel with other activities …should not be costly …produces a draft report to the senior official for comment followed by final report. …report uses a ‘traffic light ‘ system for evaluating specific issues: Green = no problem – go Amber = issue identified - proceed with caution Red = major problem identified – do not proceed without immediate remedial action © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Differing motivations between public works contracts and PPPs Public Works Contracts • Often an in-built motivation towards cost over-run and delay Concessions/PPP • In-built motivation towards on time and on budget completion © OECD Union, principally financed by the EU A joint initiative of the OECD and the European Learning Lessons Value For Money (VFM) Audit (ex post evaluation) Provide Parliament with independent info, advice about how • economically • efficiently • effectively public bodies use their resources Help bodies improve VFM performance © OECD