Public-Private Partnerships (PPPs)

 
PPP Training
Program
 
1.2: PPP Definition,
Rationale, 
 & Objectives
Public-Private Partnerships
 
The term “public–
private partnership”
describes a range of
possible relationships
among public and
private entities in the
context of delivering
infrastructure and
other services.
 
What Are Public-Private Partnerships?
 
Infrastructure Project Need
Will be used in whole or in part by the general public or a
public agency
Public Participant – National, provincial or local government
Private Participant – Single firm or consortium
Is it a partnership?
Not in the traditional legal sense
More likely a joint venture or in the alternative a lease or
concession arrangement
 
Components of a PPP Definition
 
Components of a PPP Definition
 
Components of a PPP Definition
 
Components of a PPP Definition
 
Components of a PPP Definition
Simply Stated
 
PPP are contracts between a private sector entity
and a government body that call for the private
partner to deliver a desired service and assume the
associated risks.
Government is relieved of the financial and
administrative burden of providing the service
Government retains its role in regulating and monitoring
the performance of the private partner.
 
Tanzania PPP Definition
 
According to the PPP Act, the key characteristics that define a PPP
are a contractual arrangement between a Contracting Authority
(CA) and a private sector entity, in which the private sector entity:
Undertakes to perform a function of a CA for a specified period;
Assumes substantial financial, technical and operation risks in connection
with the performance 
of the CA function or use of government property;
or
Receives a benefit for performing the CA’s function, either by way of:
consideration to be paid by the Contracting Authority which derives from a
revenue fund, or where the contracting authority is a central government or
local government authority, from revenues of such authority;
charges or fees to be collected by a private party or its agent from users or
customers; or
a combination of such consideration and such charges or fees.
Key Elements of PPPs
 
C
ontract for services, not
procurement of assets
Output, not input,
specifications
Payments related to service
delivery
Whole life approach to
design, build and operation
Private sector funding to
underpin risk transfer
Key Elements of PPPs
 
Contracts awarded based on
“value for money,” not lowest bid
Capital or capital-equivalents
provided by public and private
parties
Reliable, long-term commitments
Flexibility in structuring
contractual arrangements to best
suit the economic, operational
and policy goals of the parties
 
PPPs ≠ Privatization
 
PPP does not equal privatization, contracting out,
outsourcing, etc.
PPPs present a framework that - while engaging the private
sector - acknowledge and structure the role for government
in ensuring that social obligations are met and successful
sector reforms and public investments achieved.
Privatization involves the sale of shares or ownership in a
company or the sale of operating assets or services owned by
the public sector.
Privatization is most common and more widely accepted in
sectors that are not traditionally considered public services,
such as manufacturing, construction, etc.
Motivation
 
The needs that motivate
governments to enter into
PPPs are to:
1.
Attract private capital
investment (often to either
supplement public
resources or release them
for other public needs);
2.
Increase efficiency and use
available resources more
effectively;
3.
Reduce risks; and
4.
Reform sectors through a
reallocation of roles,
incentives, and
accountability.
 
PPP Motivation & Rationale
 
The Main motivations to consider PPPs are:
 
Lack of fiscal space
 
Private sector
efficiency and
innovation
 
Improving project
and service delivery
 
Why Bring in a Private Partner?
 
Private Role:
Innovation, technology
Project Management
Design, Build
Maintain, Operate
Lifecycle optimization
Financing
 
Public Role:
Securing the public interest
Policy & planning
Competitive procurement
Compliance management & regulation
 
 
 
Private performance
that is driven by
profit/risk taking can
generate benefits to
society
 
 
 
 
… but only when the
public manages the
process effectively
 
Value for Money (VfM)
 
Better VfM means that PPP delivery
of a project is more attractive than
conventional public delivery from
the public perspective
VfM is the difference between the
total life cycle cost of a traditionally
procured project and the total life
cycle cost of the same project
procured as a PPP, both providing
the same level of quality
 
PPP Value Drivers
 
Policy Rationale
 
The goal of PPPs is to improve the quality, efficiency
and access to key public services and infrastructure.
Some of the potential benefits of PPP include:
More efficient service delivery (lower cost, higher quality, faster
delivery);
Better value for public’s money (i.e., a better combinations of price,
quality and reliability of services);
Reduced public sector financing requirements; and
Technology transfer.
PPP Revenue – Availability
Payments
Availability Payments
 - Private party
makes investments, operates the facility
and receives a payment from the
government for the services based on
government established performance
standards. The fee is sufficient to cover
debt and provide a return on
investment.
Government assumes part or all of the
demand risk
PPP Revenue – User Fees
User fees
 - PPPs relying
on user fees for
repayment are exposed
to market risks which
usually increase the cost
of financing and require
credit enhancements to
cover the downside risks.
Governments can share
the market risks by
offering Minimum
Revenue or traffic
Guarantees
Guiding Principles
 
1.
Value for Money
 
2.
Affordability
 
3.
Commercial Viability and Bankability
 
4.
Manageability
 
5.
Acceptability
Principle 1. Value for Money
 
Pursue PPP projects if they
deliver better value-for-money
(VfM) than conventional public
delivery.
 
VfM = combination of the price,
quality, quantity, timeliness, risk
of the PPP project.
 
Different Sources of Value for Money
 
Different Sources of Value for
Money
 
Different Sources of Value for
Money
 
Different Sources of Value for
Money
 
Value Drivers of VfM
 
Competitive procurement (and VfM evaluation
criteria)
(Output) performance based specifications
Efficient risk allocation
Formal, well-structured contracts
Life cycle optimization
Performance-based payment mechanism
 
Principle 2. Affordability
 
PPPs are not a “free lunch”
Affordability is the capacity to
pay for the project
Users
Government
PPP Fiscal Impacts
 
Long term commitments of the government – e.g., 25
years… Affordable now, 
and
 in the future?
 
Fiscal effects of signing many long term PPP contracts
 
Fiscal impact assessment is challenging:
Short-term budgets vs long-term budget commitments
Value guarantees, rights, retained risks, contingent
liabilities is complex
Principle 3. Commercial Viability and
Bankability
 
PPP won’t work if it’s not:
Commercially viable
Bankable
 
Private partners must be
healthy and profitable for
the project to succeed and
deliver value
Bankability
 
What makes a project
“bankable?”
Integrity of government
contracts / general
environment
Commercially viable
business case
Well-prepared project,
robust PPP contract
Reasonable risk
allocation
 
Principle 4. Manageability
 
The PPP must be manageable for
both
 the government and the
private partner
Workable Project Agreement and
Monitoring / Management
procedures
Capacity to manage in place
(public and private)
Project must not be too complex
to manage
Principle 5. Acceptability
 
Government must ensure fairness
and protect the public interest
Will society accept private
involvement in the project; and
the PPP program itself ?
Social-environmental
sustainability
Government remains responsible;
will be held to account
 
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Public-Private Partnerships (PPPs) involve collaborations between public and private entities to deliver infrastructure and services. This training program delves into the definition, rationale, and objectives of PPPs, highlighting the various components, characteristics, and key considerations involved in such partnerships.

  • Public-Private Partnerships
  • Infrastructure Projects
  • Collaboration
  • Public Sector

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  1. PPP Training Program 1.2: PPP Definition, Rationale, & Objectives

  2. Public-Private Partnerships The term public private partnership describes a range of possible relationships among public and private entities in the context of delivering infrastructure and other services. 2

  3. What Are Public-Private Partnerships? Infrastructure Project Need Will be used in whole or in part by the general public or a public agency Public Participant National, provincial or local government Private Participant Single firm or consortium Is it a partnership? Not in the traditional legal sense More likely a joint venture or in the alternative a lease or concession arrangement 3

  4. Components of a PPP Definition PPP Characteristics A long-term contract between a public implementing agency and a private sector company Description A PPP involves a long-term contract between the public agency and private party. The definition of long-term may depend on the jurisdiction and sector. 4

  5. Components of a PPP Definition PPP Characteristics A long-term contract between a public implementing agency and a private sector company for a public interest project that is under the responsibility of a state agency Description A PPP involves a long-term contract between the public agency and private party. The definition of long-term may depend on the jurisdiction. PPPs are intended for the delivery of a public service, as opposed to a commercial opportunity for the private party. 5

  6. Components of a PPP Definition PPP Characteristics A long-term contract between a public implementing agency and a private sector company for a public interest project that is under the responsibility of a state agency which transfers substantial risk to the private party Description A PPP involves a long-term contract between the public agency and private party. The definition of long-term may depend on the jurisdiction. PPPs are intended for the delivery of a public service, as opposed to a commercial opportunity for the private party. One of the key value drivers of a PPP is the transfer of substantial project risks to the private party. 6

  7. Components of a PPP Definition PPP Characteristics A long-term contract between a public implementing agency and a private sector company for a public interest project that is under the responsibility of a state agency which transfers substantial risk to the private party Description A PPP involves a long-term contract between the public agency and private party. The definition of long-term may depend on the jurisdiction. PPPs are intended for the delivery of a public service, as opposed to a commercial opportunity for the private party. One of the key value drivers of a PPP is the transfer of substantial project risks to the private party. Even when public funding is available for the project, private financing provides value as it incentivizes performance. includes private financing 7

  8. Components of a PPP Definition PPP Characteristics A long-term contract between a public implementing agency and a private sector company for a public interest project that is under the responsibility of a state agency which transfers substantial risk to the private party Description A PPP involves a long-term contract between the public agency and private party. The definition of long-term may depend on the jurisdiction. PPPs are intended for the delivery of a public service, as opposed to a commercial opportunity for the private party. One of the key value drivers of a PPP is the transfer of substantial project risks to the private party. Even when public funding is available for the project, private financing provides value as it incentivizes performance. A focus on the specifications of project outputs rather than project inputs is a key driver of value in PPP delivery models, coupled with performance- related payments. includes private financing and includes a focus on the specifications of project outputs rather than project inputs, with payment based on performance. 8

  9. Simply Stated PPP are contracts between a private sector entity and a government body that call for the private partner to deliver a desired service and assume the associated risks. Government is relieved of the financial and administrative burden of providing the service Government retains its role in regulating and monitoring the performance of the private partner. 9

  10. Tanzania PPP Definition According to the PPP Act, the key characteristics that define a PPP are a contractual arrangement between a Contracting Authority (CA) and a private sector entity, in which the private sector entity: Undertakes to perform a function of a CA for a specified period; Assumes substantial financial, technical and operation risks in connection with the performance of the CA function or use of government property; or Receives a benefit for performing the CA s function, either by way of: consideration to be paid by the Contracting Authority which derives from a revenue fund, or where the contracting authority is a central government or local government authority, from revenues of such authority; charges or fees to be collected by a private party or its agent from users or customers; or a combination of such consideration and such charges or fees. 10

  11. Key Elements of PPPs Contract for services, not procurement of assets Output, not input, specifications Payments related to service delivery Whole life approach to design, build and operation Private sector funding to underpin risk transfer 11

  12. Key Elements of PPPs Contracts awarded based on value for money, not lowest bid Capital or capital-equivalents provided by public and private parties Reliable, long-term commitments Flexibility in structuring contractual arrangements to best suit the economic, operational and policy goals of the parties 12

  13. PPPs Privatization PPP does not equal privatization, contracting out, outsourcing, etc. PPPs present a framework that - while engaging the private sector - acknowledge and structure the role for government in ensuring that social obligations are met and successful sector reforms and public investments achieved. Privatization involves the sale of shares or ownership in a company or the sale of operating assets or services owned by the public sector. Privatization is most common and more widely accepted in sectors that are not traditionally considered public services, such as manufacturing, construction, etc. 13

  14. Motivation The needs that motivate governments to enter into PPPs are to: 1. Attract private capital investment (often to either supplement public resources or release them for other public needs); 2. Increase efficiency and use available resources more effectively; 3. Reduce risks; and 4. Reform sectors through a reallocation of roles, incentives, and accountability. 14

  15. PPP Motivation & Rationale The Main motivations to consider PPPs are: Private sector efficiency and innovation Improving project and service delivery Lack of fiscal space 15

  16. Why Bring in a Private Partner? Private Role: Innovation, technology Project Management Design, Build Maintain, Operate Lifecycle optimization Financing Private performance that is driven by profit/risk taking can generate benefits to society Public Role: Securing the public interest Policy & planning Competitive procurement Compliance management & regulation but only when the public manages the process effectively 16

  17. Value for Money (VfM) Better VfM means that PPP delivery of a project is more attractive than conventional public delivery from the public perspective VfM is the difference between the total life cycle cost of a traditionally procured project and the total life cycle cost of the same project procured as a PPP, both providing the same level of quality 17

  18. PPP Value Drivers Integrated Service Provision Optimal Risk Allocation Output-based Specifications Performance- based Payments Competition 18

  19. Policy Rationale The goal of PPPs is to improve the quality, efficiency and access to key public services and infrastructure. Some of the potential benefits of PPP include: More efficient service delivery (lower cost, higher quality, faster delivery); Better value for public s money (i.e., a better combinations of price, quality and reliability of services); Reduced public sector financing requirements; and Technology transfer. 19

  20. PPP Revenue Availability Payments Availability Payments - Private party makes investments, operates the facility and receives a payment from the government for the services based on government established performance standards. The fee is sufficient to cover debt and provide a return on investment. Government assumes part or all of the demand risk 20

  21. PPP Revenue User Fees User fees - PPPs relying on user fees for repayment are exposed to market risks which usually increase the cost of financing and require credit enhancements to cover the downside risks. Governments can share the market risks by offering Minimum Revenue or traffic Guarantees 21

  22. Guiding Principles 1. Value for Money 2. Affordability 3. Commercial Viability and Bankability 4. Manageability 5. Acceptability 22

  23. Principle 1. Value for Money Pursue PPP projects if they deliver better value-for-money (VfM) than conventional public delivery. VfM = combination of the price, quality, quantity, timeliness, risk of the PPP project. 23

  24. Different Sources of Value for Money Increase efficiency: PPPs can contribute to increasing the cost efficiency of public infrastructure provision. 24

  25. Different Sources of Value for Money Increase efficiency: PPPs can contribute to increasing the cost efficiency of public infrastructure provision. Enhance quality: PPPs can increase quality of service by incentivizing private sector performance. 25

  26. Different Sources of Value for Money Increase efficiency: PPPs can contribute to increasing the cost efficiency of public infrastructure provision. Enhance quality: PPPs can increase quality of service by incentivizing private sector performance. Accelerate implementation: Introducing PPPs expands implementation capacity by mobilizing additional resources. Generate value from public assets: The private sector can unlock the commercial value of public assets. 26

  27. Different Sources of Value for Money Increase efficiency: PPPs can contribute to increasing the cost efficiency of public infrastructure provision. Enhance quality: PPPs can increase quality of service by incentivizing private sector performance. Accelerate implementation: PPPs expand implementation capacity by mobilizing additional resources. Generate value from public assets: The private sector can unlock the commercial value of public assets. 27

  28. Value Drivers of VfM Competitive procurement (and VfM evaluation criteria) (Output) performance based specifications Efficient risk allocation Formal, well-structured contracts Life cycle optimization Performance-based payment mechanism 28

  29. Principle 2. Affordability PPPs are not a free lunch Affordability is the capacity to pay for the project Users Government 29

  30. PPP Fiscal Impacts Long term commitments of the government e.g., 25 years Affordable now, and in the future? Fiscal effects of signing many long term PPP contracts Fiscal impact assessment is challenging: Short-term budgets vs long-term budget commitments Value guarantees, rights, retained risks, contingent liabilities is complex 30

  31. Principle 3. Commercial Viability and Bankability PPP won t work if it s not: Commercially viable Bankable Private partners must be healthy and profitable for the project to succeed and deliver value 31

  32. Bankability What makes a project bankable? Integrity of government contracts / general environment Commercially viable business case Well-prepared project, robust PPP contract Reasonable risk allocation 32

  33. Principle 4. Manageability The PPP must be manageable for both the government and the private partner Workable Project Agreement and Monitoring / Management procedures Capacity to manage in place (public and private) Project must not be too complex to manage 33

  34. Principle 5. Acceptability Government must ensure fairness and protect the public interest Will society accept private involvement in the project; and the PPP program itself ? Social-environmental sustainability Government remains responsible; will be held to account 34

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