By Angshukana
Datta,*
Alumnus NIILM CMS batch of 2011
(This article was published in the ICAI Student Journal May 2013
Introduction
Public Private
Partnership (PPP)’s are instruments for government bodies to deliver desired
outcomes to the public sector, by making use of private sector capital to
finance the necessary assets or infrastructure. The private sector partner is
rewarded for its investment in the form of either service charges from the public
body, revenues from the project, or a combination of the projects that might not otherwise have been
feasible, because the public body was unwilling or unable to provide the
requisite capital.
PPPs allow the private
sector to play a greater role in planning, finance, design, operation and
maintenance of public infrastructure and services than under traditional public
procurement models. Moreover, where traditional procurement models begin with the question of what assets the public body has as its disposal and how these might be used to deliver
required services, PPP arrangements place the
emphasis on the desired service or outcome as
identified by the public organization and how the
private sector might help to make this happen.
Generally, all nations use a competitive
procurement process for the selection of PPP contractors. The
principal difference between the countries is the extent of negotiation that
occurs during procurement.
The basic objective of the public procurement of
public-private partnership is to obtain a fair,
competitive, transparent and non-discriminatory
procurement. Procurement usually involves a bidding process in which the
bidders or sellers quote their prices and the buyer accepts the lowest possible
bid.
The most efficient and cost effective method of procuring goods or services is on the basis that quality of the goods meets the
buyers’ requirement.
Examples of Global Best Practices of PPP Procurement
process
The Portuguese Procurement Process involves a
two stage competitive procurement to select its preferred bidder. The
bids are evaluated based on technical quality, government’s contribution, risk
allocation and management plan. They evaluate the bids and short- list two
bidders. They negotiate and select the preferred bidder. A contract
award is then made which is followed by financial closure.
The Spanish Procurement Process involves an open competition model for procurement. The criteria’s involved for bid evaluation are technical qualities and economic conditions for the proposal. They receive binding bids and select the winner. The competitive and efficient approach clearly states its expectations as well as the terms and conditions of the project. It attracts too many bidders and saves transaction costs. The United Kingdom’s Procurement Process involves negotiated procurement. Multi-stage competitive process takes place. The various stages of the process includes prequalification, tender, negotiation and contract award. Then they negotiate and select the preferred bidder from the short listed ones.
The Australian
Procurement Process involves multi-stage competitive procurement. The criteria
involved are tolling structure, concession length, design features, etc.
They negotiate and select preferred bidder from the short list. The State
requests a conforming proposal along with non-conforming proposal. This
allows private sector to bring new projects.
The Indian Procurement Process consists of the qualifying Expression Of Interest (EOI) process, covering the
Request For Qualification (RFQ) and short listing takes place which includes
the final drafting of the key bidding documents as well as the contents of the
Request for Proposal (RFP). The requirements and process for the Readiness
check and the application for Final Approval take place. The bidding
process covers RFP and bid evaluation which is followed by contract finalization and awards
Procurement Challenges of PPP in India
Strategies used in countries that have improved procurement
efficiency costs are:
· Greater standardization of contracts, with
contracts being rolled forward to subsequent
projects without substantive amendment.
· Architectural design and design innovation were
given less emphasis.
· The substantial contributions towards bid costs.
· Avoidance of further bid stages and rigorous adherence
to the project timetables.
· More reliance on the preferred bidder who is
developing its proposal (both before and after
commercial close) as well as on the protections within the project contract.
The source of value for
money can be through less focus on third party income or development gains.
Findings
By and large, the
procurement process in the countries covered under this discussion is
transparent and auditable. It is streamlined but flexible in nature.
However, in the case of India, model documents of RFQ, RFP and contract/bidding
documents are used. This leads to an element of rigidity in procurement practice
and, at times, detracts the private sector and delays the process.
The degree of commitment
to the PPP procurement process and expertise of government project teams directly
impacts decision-making efficiency and the overall time-frame taken to complete procurement
processes.
Although process
inefficiencies and bid costs are in themselves a barrier to competition, the
key issue in PPP market is the irregular availability of information pertaining
to project pipeline and the current inability of existing and potential new
market participants to undertake an informed assessment of the likely
opportunity in respect of PPP projects.
Way Forward Barriers to
Competition
To develop an effective PPP procurement process
through providing opportunity to potential new market participants to undertake an informed
assessment of the likely opportunity in respect of PPP projects, it is
suggested that:
· early announcement of potential future PPP
projects more consistent and rigorous application of the National PPP Guidelines on the criteria for
determining whether PPP procurement is
appropriate for a project
· continued commitment and leadership from
politicians and senior bureaucrats and each of the various jurisdictions in
support of the use of PPPs inappropriate circumstances
· where possible, continued focus on improving
co-ordination of the release of projects to the market by greater liaison between jurisdictions,
acknowledging the difficulties in achieving this.
Efficiency of the PPP
Process and Reduced Bid Costs
Bid costs would become less of an issue with a
stronger and more certain PPP project pipeline, but inefficient processes
continue to impact the value for money outcomes achieved by governments,
irrespective of the pipeline. Accordingly, the following initiatives may be considered
to improve efficiency and reduce bid costs (as well as government
transaction costs) that remain a key priority:
· rationalizing information requested that is
neither required to evaluate bids nor required for
certainty at contractual close, particularly that relating
to some aspects of design and to general corporate processes.
· recruitment, development and retention of high quality Government project team members, in
particular the project director and key team
members responsible for managing each of the various disciplines.
· ensuring governance structures empower the
project team to deliver the project while enabling effective and efficient
decision making so as to prevent unnecessarily protracted and uncertain
time frames.
· only using more than one bid stage where absolutely
necessary, either because of changed market conditions or where no bidder has
made an acceptable proposal.
Conclusion
PPP procurement and
implementation can be lengthy and costly, making it unsuitable for some
projects.
The inefficiency in the procurement process
negatively impacts value for money outcomes, as these costs are included within the overall tender price
which continues to add to government’s internal transaction costs. The average procurement timeline for infrastructure projects
plays an important role for successful completion of PPP projects. An efficient
procurement helps PPP construction projects to focus on their delivery at the expected time, price and
quality.
References
Abadie Richard and
Howcraft Adrian, “Developing PPP in New Europe”, PricewaterhouseCoopers Report
on PPP in Europe, 2004.
G. Gopala Krishna Murthy, “Text and Cases on Infrastructure Financing: Trends, Challenges and Experiences”. Murthy
Gopala Krishna published by ICFAI University Press, 2010.
Infrastructure Australia- PPP Procurement, KPMG Corporate Finance (Aust.) Pty. Ltd., May 2010.
Public Private Partnership (PPP) Handbook, Asian
Development Bank, Sep 2008.
Angshukana is a Research Analyst at Intercontinental
Consultants and Technocrats(ICT), an Engineering
Consultancy Firm in New Delhi