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Proceedings of the 14

th

Meeting of the

Transport and Communications Working Group

8

management, etc.) or external factors (weather, protests, permits, changes in labor costs, etc.).

On this point, the literature frequently refers to the “completion risk”, which materializes when

the project construction is characterized by delays and cost overruns. This phase is heavily

affected by risk management strategies applied in previous phases and particularly benefits

from exhaustive feasibility studies in the pre-tendering phase.

Key messages from the literature review and good practices:

In addition to the in-depth appraisal of the PPP, it is key for the public authority to know

how residual risks are shaped, how they could materialize and how the reaction to their

materialization would look like;

In turn, awareness of residual risks and worst-case scenarios points to the need for

establishing within the public sector a contract management team with skills in

monitoring the construction phase;

A tool for risk monitoring during construction is represented by construction

milestones reliant on the completion of agreed sections, subject to quality requirements.

5.

Operation:

The fifth phase of the conceptual framework covers the following aspects: management of risks

during operation; bonus/malus schemes; contract renegotiation.

Analytical points:

Demand, maintenance, revenue, and technology risks are among the most relevant operation

risks. They need constant monitoring and an adequate commitment of resources in terms of

staff, equipment, templates and time planning. As a way to mitigate these risks, it is possible to

link remuneration to performance through penalties or bonus payments, applied in case of

under- or over-performance by the private sector in delivering the service outlined in the PPP

contract;

Unforeseen events (e.g. a financial crisis) may require a new risk-sharing, which can come about

through a renegotiation. Among the causes of renegotiation, there can be also an inadequate

contract, weaknesses in the appraisal’s simulations and opportunistic behavior as well. To

counter opportunistic behavior, a proper regulatory framework is instrumental (for instance in

relation to the prohibition of conflicts of interests or the prohibition of aggressive bids, which

may greatly contribute to a later need for renegotiation).

Key messages from the literature review and good practices:

Risk during operation may emerge despite a successful performance in the construction

phase;