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Risk Management in Transport PPP Projects

In the Islamic Countries

111

public party is in charge of the infrastructural works (in particular widening of the Vridi canal,

then building the wharves and backfilling). Therefore,

the state has retained a large part of the

design and construction risks of the project

, and in this respect this PPP is a rather atypical

project, combining of a preliminary large public investment which then triggers the investment

private party to complete the functionality of the terminal and start the commercial activities.

Project preparation and procurement

. The tender for the PPP of the second container terminal

was launched on June 2012, based on the documentation developed by the contracting

authorities, which also included technical and financial feasibility studies. The tendering process

was in two stages with preselection of the qualitied companies based on technical and economical

capacity. The award of the contract was based on the

economically most advantageous offer

,

including a mix of technical and financial criteria. In the procurement process, the public

authority was supported by international legal and financial consultants. Three of the submitted

offers (all from major international players in the logistics and maritime sector) qualified to the

final selection and the contract was finally awarded in March 2013 to a consortium including

Bolloré Transport & Logistics (BTL), APM Terminal (a subsidiary of Maersk) and Bouygues. It is

worth mentioning that BTL is also concessionaire of the first container terminal in the Port of

Abidjan.

Contract negotiation and financing

. Contract

negotiations took around 6 months

and were

concluded with the signature of the PPP Concession agreement on the 19

th

of December 2013.

According to the available information, the contractor shall invest up to EUR 450 million over the

concession period, which is covered by a mix of equity and corporate commercial financing. Once

the PPP contract was signed, the

financing of the public infrastructural works

(in particular

widening of the Vridi canal, then building the wharves and backfilling - that are under the

responsibility of the Porth Authority) was arranged one year later, at the end of 2014: a state loan

from the Export-Import Bank of China (Eximbank) is covering 85% of the investment, the

remaining part being financed by the Port Authority by own resources.

Concerning the

financial rules

set in the concession agreement, the contractor is entitled to the

right to be remunerated by its clients for the use of the terminal facilities, and in turn pays to the

Conceding Authority a

fix annual fee

(EUR 22 million, related to the area included in the

concession) and a

share of the variable revenue

from shippers. Additional financial obligation

for the contractor is the payment of an initial

one-off fee

to the conceding authority (EUR 122

million) and the pre-defined target of a minimum traffic volume at the opening year.

As a conclusion of the procurement process, it is worthmentioning that the concession agreement

was finally approved by the presidential decree n 22/2014, dated 22 January 2014; the decree,

inclusive of

the entire concession agreement and its annexes, was then published on the

National Bulletin

.

Construction phase

. According to the original time plan, the opening of the new terminal

container was scheduled in 2018. However, following the arrangement of the state loan with

Eximbank, and the subsequent award of the construction works of the channel and the berth