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Risk Management in Transport PPP Projects

In the Islamic Countries

26

Organization

Definition

World Bank

A

long-term contract

between a private party and a government entity, for

providing a public asset or service

, in which

the private party bears significant

risk and management responsibility, and remuneration is linked to

performance.

Source: Authors based on ADB, 2012; EPEC, 2011; Global Infrastructure Hub, 2018; OECD, 2008; The World Bank

et al., 2017.

A basic structure emerges from the different definitions as common to all PPP schemes: a PPP is

a long-term contractual agreement between a public-sector entity and a private-sector

contractor

, frequently covering a time horizon of 20-30 years,

with performance-based

specifications

, i.e. focusing on service delivery (outputs) more than on technical details of

physical infrastructures (inputs). The contract structure is generally complex and involves a

number of interlinked sub-contracts in addition to the core agreement between the public

contracting authority and the private party. The contract structure is defined at its core by the

sharing of

risks

between the public and private parties, whereby each of them is responsible

for the management of different risks.

PPPs result in a demanding contract management and, being

project-specific

, their features

depend on factors such as the regulatory and institutional environment in which the project is

implemented, the public and private partners’ capabilities and risk perception, the need

addressed by the project itself. Consequently,

the partners’ assumption of responsibilitymay

differ and the partnerships may take different forms

. There are in fact numerous variations

of the basic structure above, leading to a plethora of contractual arrangements (referred to with

acronyms such as e.g. DBO, DBFO and DBFM) which allocate risks to the public and private

parties in different ways and establish different remuneration schemes.

PPPs can be usefully categorized according to three parameters identified by the World Bank

Reference Guide (2017):

The

types of asset

involved, either new (greenfield) or existing (brownfield);

The

functions the private party is responsible for

, identified as Design, Build or

Rehabilitate, Finance, Maintain and Operate (whose first letters generate the acronyms

describing PPP contracts);

How the private party is remunerated

: a distinction can be made between user-pay PPP

and public-entity pay PPP. In the first case, the private party recovers its initial investment

and ongoing costs by charging a fee

to the users of the infrastructure services in question.

In the second case, it recovers its investment and costs from the public

entity that has

entered the contract.

The main areas of application of PPPs have typically been large infrastructure projects in

transport and utilities. Even though in recent years PPP models have been applied in a wider

range of sectors, including for instance health and education,

transport

safely remains

worldwide among the most relevant sectors of PPP application

.