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Risk Management in Transport PPP Projects

In the Islamic Countries

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that the usually adopted KPIs (especially those linked to the operation phase) are too general,

difficult to understand and difficult to be measured.

Remuneration

In Malaysia, remuneration schemes of transport PPPs are based on user-pay mechanisms. For

road and rail sectors, the government usually provides guarantees either on traffic or revenues.

Failure to achieve a minimum threshold specified in the contract entitles the concessionaire to

received compensation from the government. In many contracts, however, the minimum

threshold is often complemented with an upper limit above which the revenues are shared

between the government and the concessionaire.

Box 39 Remuneration scheme of North South Expressway (PLUS) project

The PLUS expressway is a toll road. The private party is remunerated through tolls collected from

users. However, the PPP contract also foresaw:

A guarantee (for the first 17 concession years) in the form of a loan when actual traffic

volume is lower than forecasted traffic volume. (the guarantee was never activated because

traffic has been always higher than forecasts);

A toll Revenue Sharing system in case the actual toll revenue exceeds the threshold toll

revenue. The contract also specifies the percentage of government’s entitlement over the

years (20% for 1998-2008; 25% for 2009-2020; and 30% for 2021-2030.

Two problems are found in the literature with respect to the guarantee approach adopted by

Malaysian transport PPPs. First, the issue of quality of traffic forecast which negatively affects

the decision on traffic thresholds. Second, the strong correlation between traffic growth and

economic growth/recession (see previous box on the impact of the Asian financial crisis on the

allocation of risks). If not properly managed the risk associated to poor forecasting capacity and

economic downturn can have very negative consequences for the state budget.

5.6.5.

Construction

Management of risks during design phase

The design of the project falls under the responsibility of the private partner which is obliged to

produce a detailed design which meets project specification prepared by the public sector. The

detailed design is generally undertaken by a Malaysian qualified consulting engineering firm at

the cost of the private partner. This detailed design is also subject to the review of the technical

committee and approved by the public authority.

However, JICA (2010) reported the lack of manpower within the public authorities to adequately

perform the design review and approval as one of the main issues rising the risk of poorly

designed projects.