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Requirements of administrative framework & procurement methods for public private partnership
A Case Study in Indian Highway Sector
Wednesday
26 April 2006 ,
Kulwinder Singh Rao
Purpose and Scope of Project Report
1.1 Public Private Participation (PPP), as a means of engaging private sector in infrastructure development, has gained increasing attention from the governments across the world. The main reasons for this universal phenomenon are as follows :
first, the governments try to tap the activity and creativeness of the private sectors, improve efficiency and settle the ubiquitous problems of the inefficiency in the operation of infrastructure;
second, the governments try to solve the problem of the capital shortage by means of PPP in the face of financial constraints and the decrease of investment ability;
last, public works and public facilities could be shifted to the track of private-ownership by means of PPP.
In India too, PPP, especially in Build -Operate-Transfer (BOT) format, has emerged as preferred choice for road infrastructure development.
1.2 This report makes a general assessment of the processes involved in introduction of PPP concept in Highway sector. This report limits the focus on three elements that are important for evolving a working & efficient structure and methodology to select appropriate private partner.
The elements being first, structure of Government Team or set-up responsible for PPP programme; second, procedures involved in selection of private partner and last, evaluation methods and criterion that might be used for evaluating the bids.
1.3 This report has been prepared as a part of CESROUTE programme at Ecole Nationale des Ponts et Chaussées (ENPC), Paris. The overall approach followed in the report is informative rather than prescriptive.
1.4 It has been author’s objective to use this report to flag pertinent contextual issues that might need special consideration and attention in the course of adopting the BOT model successfully in India and particularly in Punjab. Accordingly, a summary assessment of the current state of affairs for both Punjab as well as federal level in respect of prevailing structures and procedures relating to BOT projects has been attempted.
1.5 This report is based on
(1) literature review
(2) interviewing of key technical officials in the French road administration and Industry
(3) interaction with technical experts in Indian consulting industry
(4) interaction with key technical officials of NHAI1 and
(5) case studies.
Structure of Project Report
1.6 The structure of Project Report is as follows:
Section One- describes the purpose, scope & structure of this report.
Section Two- is the general review of Public Private Partnership (PPP), related issues, PPP phenomenon in global highway sector. The extent of PPP in highway sector in India and Punjab has been briefed to give the contextual reference to this report.
Section Three- deals with the administrative framework requirements in government agencies involved in bringing private sector participation in public infrastructure. A review of NHAI (at all India level) and PIDB2 (at Punjab level) organization structures is made and possible new structures have been proposed.
Section Four- briefs the objectives of public procurement and various selection procedures for successful PPP procurement. A review of procedures being followed at India level and in Punjab for PPP in road projects has been done. The section ends with the possible improvements in such procedures at the federal level as well as state level.
Section Five- details various bid evaluation criteria that are adopted for highway concessions. Various technical and financial criteria adopted by NHAI and Punjab at the prequalification & bidding stage are described, and a possible format for bidding for road projects (least-present-value-of-revenues or LPVR) is described briefly for adoption in Punjab PPP initiative.
1.6 The final section provides the summary of main conclusions and recommendations postulated in this report.
to download the report (1,9 Mo)
Administrative Framework & Procurement Methods For Public Private Partnership - A Case Study in Indian Highway Sector
Acknowledgements
I wish to acknowledge the help, guidance and advice given by my tutor: Mr Alain Fayard, Inspecteur Général de l’équipement, Ministère de l’équipement, des transports, de l’aménagement du territoire, du tourisme et de la mer, France in completing this project report. However, I do own the full responsibility for the information, views, inferences & opinions expressed in this report and these may in no way be construed to be the views of my tutor or Ecole Nationale des Ponts et Chaussées (ENPC).
Thanks are also due to Ms Malika Seddi of ASFA who helped me to understand the French experience in PPP and provided useful statistics. Similarly, Ms Bienvenida A. Firmalino, Assistant Project Director of Department of Public Works & Highways, Philippines provided all data related to Philippines experience, which is duly acknowledged.
I also wish to thank Dr M P Raju and Mr. Avadesh Singh of Lea Associates South East Asia Private Limited who greatly helped me in this endeavor by providing necessary insights into Indian highway scenario.
Finally, I express my gratitude to all the persons at ISTED (especially M. Armand der Stepanian), Metratech and ENPC who helped me to complete my CESROUTE program, in general, and this report in particular.
Contents
I- INTRODUCTION
Purpose and Scope of Project Report
Structure of Project Report
II PUBLIC PRIVATE PARTNERSHIPS
Reasons for Choosing PPP
Types of PPP
Contracts or Concession Agreements used in PPP
Role of public and private partners in PPP
Requirements for a successful PPP programme
Indian Scenario
Punjab Scenario
III STRUCTURE OF TASK TEAM FOR PPP
Management approach to Task Team
Level of Decentralisation in Government
Requirements of a Task Team
Different Formats for Task Team
French Road Administration Model
Philippines Road Administration Model
Outsourcing vs. In-house Capacity Building
PPP Team Structure in NHAI
PPP Team Structure In Punjab
Suggestive Enhancing Measures for NHAI
Suggestive Enhancing Measures in Punjab
IV SELECTION PROCEDURES
Purpose of Selection Procedures in PPP Procurement
Types of Selection Procedures
Special Features Relating to PPP Procurement
Procedures
Other Related Issues
Bidding Rules & Procedures
Selection Procedures followed at NHAI
Selection Procedures adopted in Punjab
Suggested Improvements in NHAI Procedures
Suggested Improvements in Punjab selection methods
V BID EVALUATION CRITERIA
Types of Tender Evaluation Methods
Evaluation Criteria during Prequalification process
Evaluation Criteria during Final Bidding Stage
Tender Evaluation Criteria used in NHAI
Prequalification Stage
Bidding (Proposal) Stage
Tender Evaluation Criteria used in Punjab
Suggested Improvements in NHAI process
Suggested criteria for Punjab
VI CONCLUSION AND RECOMMENDATIONS
APPENDICES
Annex A NHDP-Private Sector Projects
Annex B List of Post NHDP Projects
Annex C List of BOT Road Corridors in Punjab
Annex D List of French Toll Road Operators
Annex E Organigramme of French Road Directorate
Annex F NHAI Organisation Chart
Annex G Organisation Chart of Philippines BOT office
Annex H List of Minimum Machinery for NHAI BOT Projects
Annex I List of Minimum Personnel for NHAI BOT Projects
List of Figures
Figure 1: Types of PPP
Figure 2: Investment in road projects with private participation in developing and transition countries by project type, 1990-2003
Figure 3: Road projects with private participation in developing and transition countries that reached financial closure, 1990-2003
Figure 4: Relationship of Numerous Players in a Typical PPP Project
Figure 5: Role of Public & Private Partner during a life cycle of PPP Project
Figure 6: Public Private Route Partnership Map
Figure 7: NHDP Project Map
Figure 8: French Government Organisation & Concessionaires
Figure 9: BOT Unit in NHAI
Figure 10: Organisation structure for BOT program in PIDB
Figure 11: Proposed Organization Structure for BOT Unit in NHAI
Figure 12: Proposed Organization Chart for BOT Unit for Road Works in PRBDB
Figure 13: Government & Private Sector Objectives in PPP procurement
Figure 14: Overview of Restricted Procedure for PPP procurement
Figure 15: Overview of Negotiated Procedure for PPP Procurement
Figure 16: Objectives of Evaluation Criteria
List of Tables
Table 1: Potential Advantages of Using PPP
Table 2: Differences between a Concession and Work Contract
Table 3 Finance Pattern of NHDP in India
Table 4: Summary of Private funded Projects in NHDP Project
Table 5: Trade-offs in Vertical Decentralization
Table 6: Trade-offs in Horizontal Decentralization
Table 7: Comparison of Various PPP Procurement Methods
Table 8: Indicative Timetable for Public Private Partnership Procurement
Table 9: Commonly used Decision Statement, MUST & WANT Criteria
Table 10: Number of Toll Road Operator’s in Various Countries
Table 11: Tender Evaluation Criteria Packages for PPP Projects in General
Table 12: Selection Criteria Weighting in Four European Countries (%)
Table 13: Weightage used in NHAI to Equate Different Experiences of Bidders
List of Abbreviations used in the Report
BOO Build Own Operate
BOT Build Own Transfer
CGM Chief General Manager
DBFO Design Build Finance Operate
DGM Deputy General Manager
ENPC Ecole Nationale des Ponts et Chaussées, Paris
GDP Gross Domestic Product
GM General Manager
GOI Government of India
GOP Government of Punjab
LPVR Least Present Value of Revenues
NHAI National Highway Authority of India
NHDP National Highways Development Project
PIA Punjab Infrastructure (Development & Regulation) Act, 2002
PIDB Punjab Infrastructure Development Board
PRBDB Punjab Roads & Bridges Development Board
PIRA Punjab Infrastructure Regulatory Authority
PIU Project Implementation Unit
PPP Public Private Partnership
PSP Private Sector Participation
PWD Public Works Department
SNBATI Syndicat National du Béton armé, des Techniques industrialisées
UNCITRAL United Nations Commission on International Trade Law
UNIDO United Nations Industrial Development Organization
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