Over Head Walkway

Updated approach for New Zealand PPPs

Government agencies’ experience with Public Private partnerships (PPPs) as well as market feedback has led the Government to refine aspects of New Zealand’s PPP framework.

PPPs are one of many ways that government can contract with the private sector to deliver public infrastructure. However, a PPP must deliver better value than the agency would normally get when building and looking after the asset for 25 years, and they will only be suitable for some major, complex projects.


What’s changing and why?

A key part of the refinements involves ensuring that risk transfer is appropriate.

To attract PPP bidders and keep this tool in government’s infrastructure delivery toolkit we need to ensure there are fair goalposts for time and costs and there’s fair and reasonable risk allocation. In return, we expect a high level of performance against these standards.

Issues addressed in the updated PPP Framework include:

Risk

PPP projects have to date been criticised for transferring too much risk to the contractor (which are borne disproportionately by the construction major-subcontractor within the contractor consortium), which undermines their appetite for new projects. 

Bidding cost

Bidding for a PPP is longer and more involved than other procurement processes, which makes them unattractive to get involved in if you’re not confident of winning. The new guidance encourages client agencies to consider options for lowering the cost of bidding.

Improving collaborative tendering

The interactive tender process is a key part of the PPP procurement process that lets bidders test their developing solutions with the client agency. However, this has not always been used well in the past. We want to ensure all parties understand the intent of these sessions and have the skills to plan and conduct them in a way that achieves that intent.

Affordability threshold

If the price (‘Affordability Threshold’) is set too low (because of optimistic or inaccurate business case estimates, or because costs escalate during the procurement phase due to factors unknown at the time this was set), delivery of the project outcomes will be at risk.

The fact that a PPP requires a fixed price to manage complex risks over the construction and operating phase of a project makes it essential to ensure that the cost estimates are appropriate.

Claims and dispute resolution

Recent PPP projects have been beset by significant claims and disputes. Managing disputes absorbs significant resource that could be productively applied elsewhere for the good of the project, so they should be avoided where practicable.

Crown resourcing and capability

Previous PPP projects undertaken in New Zealand have shown that successful delivery of outcomes is heavily influenced by the government’s PPP capability and capacity. This applies equally to the procuring agency and the government’s centralised PPP expertise.

New Zealand PPP Framework: A Blueprint for Future Transactions

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How does a PPP work?

Normally, a government agency would contract designers and architects to plan an infrastructure project, builders and engineers to create the asset, and then one or more contractors to maintain it for the rest of its life. The government would take out a loan to pay for the build, and then pay this loan back over time. It would be responsible for maintaining the asset as well.

With a PPP, the government agency works out what it would cost them to build the asset and maintain it for 25 years to a certain standard under the traditional approach. Private sector bidders then work out how they can deliver these bundled services to a better outcome for this same price. A PPP will only be pursued and accepted if it delivers demonstrably better value than the agency would have got by doing the job itself.

With the bid accepted, the private sector partner then builds the asset and maintains it for the next 25 years – billing the government quarterly (including the repayment of debt incurred by the partner) from the time it’s built until the 25 years is up. If the asset doesn’t meet the agreed performance standards, the partner is paid less.

After this, the debt has been repaid and the asset will have been maintained to a pre-agreed condition. The government maintains ownership of the asset throughout the 25-year period and beyond, taking responsibility for asset management at the end of the PPP.

In this way, PPPs are financially a bit like a 25-year, no-deposit home mortgage where the bank takes care of any maintenance and wraps this cost in with the loan.

What are the benefits of PPP?

PPPs incentivise people to work out how to get best value from an infrastructure project.

If government consistently delivered infrastructure to time and to budget and maintained it well, there’d be no opportunity for PPPs to outperform ‘business as usual’ and we would have no need for PPPs.

However, in recent years we’ve seen examples of challenges across three areas with government ‘business as usual’ procurement:

  • projects announced and budgets committed to early, before detailed costings were done (resulting in cost overruns)
  • frequent changes to scope after the project was started (leading to time and/or cost overruns)
  • maintenance budgets being reprioritised to fund other service needs.

With a PPP, the contract is signed with a fixed price, time, quality and 25-year service level. This incentivises the private partner to efficiently deliver all the required services to the agreed performance standard – as it’s their money on the line if it costs them more or they fail to perform (noting that the government will lessen or withhold its repayments if the project is delivered late, or service levels drop at any time in the 25 years).

PPPs also incentivise good government planning up front., An agency will achieve better value if it is sure of its scope and performance requirements up front because PPP requires greater certainty and specification of service needs.

How does a private partner deliver better value?

In order to deliver better value, the private partner needs to find opportunities to optimise design, construction and operating trade-offs that will deliver the asset and services more innovatively and efficiently. It may also be able to manage risks better, by accessing expertise and using contractual incentives to ensure subcontractor performance.

The private partner can make these trade-offs because they are not constrained by doing things the way they’ve always been done, and they have long term stable revenues for the full contract period.

When might a PPP be appropriate?

The types of projects that suit PPPs are large projects (at least in the hundreds of millions of dollars) that have some, but not too much, complexity involved in their building and maintenance. This is because:

  • the cost of setting up, tendering and administering PPPs is too high to make them worthwhile for small and medium projects
  • PPPs must involve enough complexity that a profitable, better solution can be found. If a project is straightforward, there’s little opportunity to find a smart way of doing and packaging things better and still making a profit
  • prospective PPP bidders will be put off if a project is so complex or interlinked with other systems that this creates risk that is outside the control of the PPP contractor to manage effectively.

Additionally, the project needs to have long-term, stable service needs – as the PPP will lock an agency into a 25-year service arrangement, whether the asset is being used or not.

Standard Form PPP Project Agreement and Model Schedules

This Agreement provides a credible and market-tested precedent for future PPP projects. It reflects valuable lessons learned and tested contractual positions from previous PPP projects.

Version Three of the Standard Form PPP Project Agreement was released in October 2013 following the signing of contracts for the two pathfinder PPP projects (the Ministry of Education's Hobsonville Schools PPP and the Department of Corrections' Auckland South Corrections Facility PPP).

We are currently undertaking a review of the New Zealand PPP model. We anticipate that the review will result in an update of the Standard Form PPP Project Agreement.

Standard Form PPP Project Agreement

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Contractual Framework For The Standard Form PPP Project Agreement

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Standard Form Public Private Partnership PPP Project Agreement: Model Schedules

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PPP Practice Notes

These Practice Notes intended solely for public agencies that manage PPP contracts. These Practice Notes outline Te Waihanga’s views on specific aspects of the New Zealand PPP model and PPP contract management.
Consultation Requirements on operational PPPs

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PPP Practice Note - Refinancing

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Need help?

We can support government agencies, local authorities and others to procure and deliver major infrastructure projects. We can help with the preparation of business cases, market engagement advice, procurement support, negotiation and project delivery, this includes, where appropriate, embedded commercial and procurement expertise. We tailor our support according to the projects size, complexity, risk level and procurement capability.