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    A Report on

    Need Of Public-Private Partnerships in India.

    In partial fulfillment of the course

    Public Administration

    HUM C 351

    Under the guidance of:

    Mr. Umesh Dhyani

    Prepared by:

    Varun Chandra

    2006B5A2545

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    ACKNOWLEDGEMENTS

    I would like to express my gratitude to Mr Umesh Dhyani for his sincere advice

    and guidance which went a long way in completing this report successfully.

    I would also like to thank my colleagues for their support and advice.

    This report really turned out to be an enjoyable and learning experience.

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    Table Of Contents

    Acknowledgements

    A) Introduction

    B) Public Private Partnership: A Brief Review

    1. Understanding PPP.

    1. Govt. Of India's Definition

    2. What is Meant By PPP?

    3. Roles and Responsibilities

    4. Fundamental Qualities Of A PPP Project

    5. Salient Features Of PPP

    6. Key Considerations in PPP's

    7. Key Lessons From Global Experience With PPP

    2. Various Forms and Formats of PPP.

    1. New Project Formats

    1. Design-Build

    2. Design-Build-Maintain

    3. Design-Build-Operate

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    4. Design-Build-Operate-Maintain

    5. Build-Own-Operate-Transfer

    6. Build-Own-Operate

    7. Design-Build-Finance-Operate

    2. PPP's in Existing Services And Facilities

    1. Service Contracts

    2. Management Contract

    3. Lease

    4. Concession

    5. Divestiture

    C)Why PPP's?

    1. Growing Popularity

    2. Limitations Of Government Resources

    3. Need For New Financing And Institutional Mechanisms

    4. Benefits And Strengths

    5. Access To Crucial Financing

    6. Rigorous Risk Appraisal And Optimum Allocation

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    D) Need Of PPP's In India

    1. Relevance Of PPP's in India

    1. Massive deficit In Infrastructure Services

    1. Water

    2. Power

    3. Roads And Ports

    2. Deficient Infrastructure as a Binding Constraint

    3. Global Competitiveness

    4. Inclusive Growth And Poverty Reduction

    5. Growing Government Emphasis On Infrastructure Spending

    6. Growing Emphasis On Private Sector Participation

    2. The Case For Public-Private Partnerships

    1. Bringing Development Forward

    2. On-Time And On-Budget Delivery

    3. Shifting Construction And Maintenance Risk To The Private Sector

    4. Cost Savings

    1. Construction Savings

    2. Reduced life-cycle costs

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    5. Strong Customer Service Orientation

    6. Enabling The Public Sector To Focus On Outcomes And Core

    Business

    E)Conclusion

    References

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    A) INTRODUCTION

    The new buzzword in development planning circles in the country is 'PublicPrivate Partnerships' (PPPs). The 11th Five Year Plan (2007-2012) document

    mentions the term at least 249 times, advocating it in sectors ranging from water

    management, forestry, education and health to protection of monuments and

    sustenance of arts and crafts. However, its key role is seen in infrastructure.

    Infrastructure bottlenecks are often presented as the major hurdles restricting the

    booming Indian economy from achieving 8 per cent plus GDP growth rates. The

    Preface to the 11th Five Year Plan document says that "Poor quality ofinfrastructure seriously limits India's growth potential in the medium term and the

    Eleventh Plan outlines a comprehensive strategy for development of both rural

    and urban infrastructure." The 11th Plan estimates that to maintain an average

    annual growth rate of 9%, the investment in infrastructure would have to rise

    from Rs.259,839 crores in 2007-08 to Rs.574,096 crores in 2011-12 at constant

    2006-07 price, aggregating to Rs.2,011,521 crores over five years. In the terminal

    year, this works out to be 9 per cent of the GDP, up from 5 per cent of the GDP in

    2006-07.

    This is a huge amount, and the Government claims that it can't mobilize this

    without increased contributions from the private sector. Moreover, it argues that

    its first priority is expenditure on social sector and livelihood support programmes

    for the poor, "the strategy for infrastructure development has been designed to rely

    as much as possible on private sector investment through various forms of PPPs."

    The Government of India's Committee on Infrastructure which monitors PPPs

    notes that 244 PPP projects are ongoing and another 76 are in the pipeline in the

    country. These projects are in various sectors like roads, ports, power, water and

    urban infrastructure.

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    B) PPP: A BRIEF REVIEW

    1.Understanding PPP

    Government of Indias Definition :

    Public Private Partnership (PPP) Project means a project based on a contract

    or concession agreement, between a Government or statutory entity on the

    one side and a private sector company on the other side, for delivering an

    infrastructure service on payment of user charges. Private Sector Company

    means a company in which 51% or more of the subscribed and paid upequity is owned and controlled by a private entity.

    What is meant by PPP? :

    While there is no single definition of PPPs, they broadly refer to long-term,

    contractual partnerships between the public and private sector agencies,

    specifically targeted towards financing, designing, implementing, and

    operating infrastructure facilities and services that were traditionally

    provided by the public sector. These collaborative ventures are built around

    the expertise and capacity of the project partners and are based on a

    contractual agreement, which ensures appropriate and mutually agreed

    allocation of resources, risks, and returns. This approach of developing and

    operating public utilities and infrastructure by the private sector under terms

    and conditions agreeable to both the government and the private sector is

    called PPP or P3 or private sector participation (PSP).

    Roles and responsibilities.

    PPPs do not mean reduced responsibility and accountability of the

    government. They still remain public infrastructure projects committed to

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    meeting the critical service needs of citizens. The government remains

    accountable for service quality, price certainty, and cost-effectiveness (value

    for money) of the partnership. Government remains actively involved

    throughout the projects life cycle. Under the PPP format, the government

    role gets redefined as one of facilitator and enabler, while the private partnerplays the role of financier, builder, and operator of the service or facility. PPPs

    aim to combine the skills, expertise, and experience of both the public and

    private sectors to deliver higher standard of services to customers or citizens.

    The public sector contributes assurance in terms of stable governance,

    citizens support, financing, and also assumes social, environmental, and

    political risks. The private sector brings along operational efficiencies,

    innovative technologies, managerial effectiveness, access to additional

    finances, and construction and commercial risk sharing.

    Fundamental qualities of a PPP project :

    High priority, government-planned project:- The project must have emerged

    from a government-led planning and prioritization process. The project

    must be such that, regardless of the source of public or private capital, the

    government would still want the project to be implemented quickly.

    Genuine risk allocation:- Shared risk allocation is a principal feature of a

    PPP project. The private sector must genuinely assume some risk.

    Mutually valuable:- Value should be for both sides, which means

    government should also genuinely accept some risks and not transfer the

    entire risk to the private sector, and vice versa.

    What are the salient features of a PPP?

    Not all projects with private sector participation are PPP projects. Essentially,

    PPPs are those ventures in which the resources required by the project in

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    totality, along with the accompanying risks and rewards/returns, are shared

    on the basis of a predetermined, agreed formula, which is formalized

    through a contract. PPPs are different from privatization. While PPPs involve

    private management of public service through a long-term contract between

    an operator and a public authority, privatization involves outright sale of apublic service or facility to the private sector. A typical PPP example would

    be a toll expressway project financed and constructed by a private developer.

    A PPP project is essentially based on a significant opportunity for the private

    sector to innovate in design, construction, service delivery, or use of an asset.

    To be viable, PPPs need to have clearly defined outputs, avenues for

    generating nongovernmental revenue, and sufficient capacity in the private

    sector to successfully deliver project objectives.

    What are the key considerations in PPPs?

    PPPs often involve complex planning and sustained facilitation.

    Infrastructure projects such as roads and bridges, water supply, sewerage and

    drainage involve large investment, long gestation period, poor cost recovery,

    and construction, social, and environmental risks. When infrastructure is

    developed as PPPs, the process is often characterized by detailed risk and

    cost appraisal, complex and long bidding procedures, difficult stakeholdermanagement, and long-drawn negotiations to financial closure. This means

    that PPPs are critically dependent on sustained and explicit support of the

    sponsoring government. To deal with these procedural complexities and

    potential pitfalls of PPPs, governments need to be clear, committed, and

    technically capable to handle the legal, regulatory, policy, and governance

    issues.

    Key Lessons From Global Experience with PPP:

    Detailed policy for implementing PPP

    Proper Planning by government

    Project development by government

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    Full Support by government

    Proactive public communication

    Transparent Bidding Process

    Clear Policy On Unsolicited proposals

    Defined Sources Of Revenue

    Proper Allocation Of Risk

    Adequate Protection For Lenders

    2.What are the various PPP forms and formats?

    In a PPP, the private partner could be a private company, a consortium, or a

    non governmental organization (NGO). Typically, a PPP project involves a

    public sector agency and a private sector consortium which comprises

    contractors, maintenance companies, private investors, and consulting firms.

    The consortium often forms a special company or a special purpose vehicle

    (SPV). The SPV signs a contract with the government and with thesubcontractors to build the facility and then maintain it. The PPP is

    operationalized through a contractual relationship between a public body

    (the conceding authority) and a private company (the concessionaire). This

    partnership could take many contractual forms, which progressively vary

    with increasing risk, responsibility, and financing for the private sector.

    However, the most common partnership options are :

    New Projects:-

    Design-Build (DB)

    Under this model, the government contracts with a private partner to design

    and build a facility in accordance with the requirements set by the

    government. After completing the facility, the government assumes

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    responsibility for operating and maintaining the facility. This method of

    procurement is also referred to as Build-Transfer (BT)

    Design-Build-Maintain (DBM)

    This model is similar to Design-Build except that the private sector alsomaintains the facility. The public sector retains responsibility for operations.

    Design-Build-Operate (DBO)

    Under this model, the private sector designs and builds a facility. Once the

    facility is completed, the title for the new facility is transferred to the public

    sector, while the private sector operates the facility for a specified period.

    This procurement model is also referred to as Build-Transfer-Operate (BTO)

    Design-Build-Operate-Maintain (DBOM)

    This model combines the responsibilities of design-build procurements with

    the operations and maintenance of a facility for a specified period by a

    private sector partner. At the end of that period, the operation of the facility

    is transferred back to the public sector. This method of procurement is also

    referred to as Build-Operate-Transfer (BOT).

    Build-Own-Operate-Transfer (BOOT)

    The government grants a franchise to a private partner to finance, design,

    build and operate a facility for a specific period of time. Ownership of the

    facility is transferred back to the public sector at the end of that period.

    Build-Own-Operate (BOO)

    The government grants the right to finance, design, build, operate and

    maintain a project to a private entity, which retains ownership of the project.

    The private entity is not required to transfer the facility back to the

    government.

    Design-Build-Finance-Operate/Maintain (DBFO, DBFM or DBFO/M)

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    Under this model, the private sector designs, builds, finances, operates

    and/or maintains a new facility under a long-term lease. At the end of the

    lease term, the facility is transferred to the public sector. In some countries,

    DBFO/M covers both BOO and BOOT.

    Existing Services And Facilities:-

    PPPs can also be used for existing services and facilities in addition to new

    ones. Some of these models are described below.

    Service Contract:

    The government contracts with a private entity to provide services the

    government previously performed.

    Management Contract:

    A management contract differs from a service contract in that the private

    entity is responsible for all aspects of operations and maintenance of the

    facility under contract.

    Lease

    The government grants a private entity a leasehold interest in an asset. The

    private partner operates and maintains the asset in accordance with the

    terms of the lease.

    Concession

    The government grants a private entity exclusive rights to provide operate

    and maintain an asset over a long period of time in accordance with

    performance requirements set forth by the government. The public sector

    retains ownership of the original asset, while the private operator retainsownership over any improvements made during the concession period.

    Divestiture

    The government transfers an asset, either in part or in full, to the private

    sector. Generally the government will include certain conditions with the sale

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    of the asset to ensure that improvements are made and citizens continue to

    be served.

    The public sponsor of the PPP decides the degree of private participation required

    for the particular project. This decision is usually based on the governments

    objectives of undertaking the project, the degree of control it desires, and the

    ability of the PPP consortium to deliver the required service. It is also influenced

    by the provisions of the existing legal and regulatory framework, the structuring

    ofthe project to attract private resources, and the potential to generate future cash

    flows.

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    maintaining and operating existing assets, inability to increase revenue and cut

    costs and waste, and rising constraints on budgets and borrowing, do not allow

    governments to make the required investments in upgrading or rehabilitating the

    existing infrastructure or creating new infrastructure.

    3. Need For New Financing

    The political economy of infrastructure shortages, constrained public resources, and

    rising pressure from citizens and civil society have combined to push governments and

    policymakers to explore new ways of financing and managing these services.

    Governments have been pushed to exploring new and innovative financing methods in

    which private sector investment can be attracted through a mutually beneficialarrangement. Since neither the public sector nor the private sector can meet the

    financial requirements for infrastructure in isolation, the PPP model has come to

    represent a logical, viable, and necessary option for them to work together.

    4.Benefits And Strengths

    The emergence of PPPs is seen as a sustainable financing and institutionalmechanism with the potential of bridging the infrastructure gap. PPPs primarily

    represent value for money in public procurement and efficient operation. Apart

    from enabling private investment flows, PPPs also deliver efficiency gains and

    enhanced impact of the investments. The efficient use of resources, availability of

    modern technology, better project design and implementation, and improved

    operations combine to deliver efficiency and effectiveness gains which are not

    readily produced in a public sector project. PPP projects also lead to fasterimplementation, reduced life cycle costs, and optimal risk allocation. Private

    management also increases accountability and increases performance and

    maintenance of required service standards. Finally, PPPs result in improved

    delivery of public services and promote public sector reforms.

    PPP Strengths and Effectiveness:-

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    Robust and Dynamic Structure

    Government in an enabler role

    Government ownership is high

    Governance structure ensures consumer and public interests are safeguarded

    Commercial interests are protected

    Domicile risks to parties that are well equipped to deal with them

    Transparent and well-conceived contracts

    Documentation recognizes rights and responsibilities of all project-related

    parties

    Concerns Of All Stakeholders addressed

    Involves Participation of a large number of institutions: governments,

    politicians, banks, financial institutions, investors, contractors, consumers,

    NGO's, etc.

    5.Access To Crucial Financing

    The foremost benefit of adopting the PPP route is the ability to access capital

    funding from the private sector, considering that funding is getting increasingly

    limited from public sector budgets. Thus, PPPs allow governments to overcome

    their budgetary and borrowing constraints and raise finance for high-priority

    public infrastructure projects. Essentially, governments are able to use private

    finance through PPPs to build infrastructure projects that would previously have

    been built by the public sector using public sector finance. PPP projects also

    leverage available public capital by converting capital expenditure into flow-of-

    service payments.

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    6.Rigorous Risk Appraisal And Optimum Allocation

    The high degree of economic extendability of public infrastructure, and the

    commercial and socioeconomic risks involved in developing and operating them,

    have made it difficult to appropriate returns from infrastructure investments. The

    long gestation period of infrastructure projects also requires sustainable financial

    and operational capacity. Therefore, there is increasing reluctance in both the

    public and private sectors to absorb all the costs and assume all the risks of

    building and operating these assets alone. Since the private sector assumes the risk

    of nonperformance of assets and realizes its returns if the assets perform, the PPP

    process involves a full-scale risk appraisal. This results in better cost estimation

    and better investment decisions.

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    D) NEED OF PPP'S IN INDIA

    1.Relevance Of PPP's In India

    Massive Deficit In Infrastructure Services:

    Despite becoming the second fastest growing and the fourth largest1

    economy of the world, India continues to face large gaps in the demand and

    supply of essential social and economic infrastructure and services. Rapidly

    growing economy, increased industrial activity, burgeoning population

    pressure, and all-round economic and social development have led to greaterdemand for better quality and coverage of water and sanitation services,

    sewerage and drainage systems, solid-waste management, roads and

    seaports, and power supply. Increased demand has put the existing

    infrastructure under tremendous pressure and far outstripped its supply.

    Water:

    While 90% of the urban population has access to potable water supply, the

    actual availability of water in the cities is only 56 hours a day. Less than

    60% of the households have sanitation and less than half have tap water

    on their premises. About 40 million people are estimated to be living in

    slums. Poor urban development is not only undermining the quality of life

    for Indias urban citizens but also constraining local and national growth.

    As much as 70% of irrigation and 80% of domestic water requirement is

    met from groundwater, which has meant haphazard and unsustainable

    use of aquifers and depleting water table.

    Power:

    Over 40% of Indias population, mostly rural, does not have access to

    electricity. Despite the increase in installed generation capacity, shortages

    in normal and peak energy demand have been around 8% and 12% on an

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    average between 2000 and 2004. Indias average electricity consumption

    of 359 kWh in 19962000 was far behind other countries such as China

    (717 kWh) and Malaysia (2378 kWh). Less than 20% of Indias enormous

    hydroelectric potential has been tapped. Transmission and distribution

    losses in India remain very high, at around 2830%, as compared to otherdeveloping countries, where they are less than 10%.

    Roads And Ports:

    Indias road network continues to suffer from low capacity, low coverage,

    and low quality. 40% of villages do not have access to all-weather roads.

    Only 12% of the national highways are four-laned. The traffic situation in

    the cities has worsened due to a massive increase in personal vehicles,

    inadequate city roads, and poor quality of public transport. Airport and

    seaport infrastructure and train corridors are strained under capacity

    constraints.

    Deficient Infrastructure As A Binding Constraint

    The infrastructure shortages are proving to be the leading binding constraint

    in sustaining, deepening, and expanding Indias economic growth and

    competitiveness.2 This has also been emphasized in the mid-term appraisalof the Tenth Five Year Plan. It is widely believed that lack of good quality

    infrastructure is costing India 12% growth in gross domestic product (GDP)

    every year. Good quality infrastructure has been the main enabler of higher

    level of economic growth in developed as well as developing countries like

    USA, Russia, Malaysia, and China. The Expert Group on Commercialization

    of Infrastructure estimated the loss due to poor roads and congestion at

    around Rs 200 billion per annum. The Economic Survey of India, 2005-06,estimates that power shortages of 12% at peak levels and 8% at nonpeak

    levels are equivalent to around $3.4 billion of forgone generation capacity or

    an approximate GDP loss of around $68 billion. The annual cost of

    environmental degradation, on account of lack of sewerage and solid-waste

    management systems and surface water harvesting is 4.5% of GDP. Water

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    pollution accounts for 6% of the economic cost of environmental

    degradation.

    Global Competitiveness

    Indias global competitiveness remains constrained and is adversely affectedby lack of infrastructure, which is critical for improved productivity across all

    sectors of the economy. Poor infrastructure is also a major barrier to foreign

    direct investment (FDI). Recent surveys have shown that Indias poor

    infrastructure (road network, ports, distribution networks, and in particular

    power supply) is a cause for concern and a major barrier to investment.

    Upgradation of transport (roads, railways, airports, and ports), power, and

    urban infrastructure is therefore seen as critical for sustaining Indias

    economic growth, along with improved quality of life, increase in

    employment opportunities, and progress towards the elimination of poverty.

    Inclusive Growth And Poverty Reduction

    Lack of infrastructure is preventing the sectoral, regional, and socioeconomic

    broadening of the economy and its benefits, and is affecting inclusive growth

    in India. The benefits of accelerated growth of the last decade have not been

    shared by large sections of the population which are labor dependent, lowskilled, rural based, and working in agriculture and manufacturing sectors.

    Infrastructure shortages have slowed the growth of manufacturing industries

    and agriculture, which are the labor-absorbing markets for the low skilled.

    Poverty levels remain significant, with about one-fourth of the population

    living in poverty. Infrastructure is now seen as the necessary condition for

    growth and poverty alleviation. Studies by the ADB and others have

    confirmed a strong linkage between infrastructure investments, economicgrowth, and reduction of poverty. Rural roads, rural electrification and

    irrigation networks, power grids, and national highways have the potential

    to link poor rural producers to their power sources and markets in towns,

    cities, and ports. Greater investments in infrastructure are the answer.

    Growing Government Emphasis on infrastructure Spending

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    Growing recognition of the prevailing infrastructure deficit in the country

    and its impeding impact on sustaining economic growth as well as poverty

    reduction has made development of social and economic infrastructure

    among the highest priorities of the Government of India (GOI). The GOI has

    recognized that with better infrastructure Indias growth can be higher, withthe benefits reaching a much larger section of the population. It has

    increased its spending on infrastructure through a series of national

    programs such as the National Highway Development Program (NHDP),

    Bharat Nirman, Providing Urban Services in Rural Areas (PURA), Jawaharlal

    Nehru National Urban Renewal Mission (JNNURM), the Prime Ministers

    Rural Roads Program, National Rail Vikas Yojana, National Maritime

    Development Program (NMDP), airport expansion programs, etc. The

    government acknowledges that investment in infrastructure will have to be

    at the same rate as the economic growth that is being targeted. In other

    words, gross capital formation in infrastructure (GCFI), which has remained

    around 4% of GDP during 1997-98 up to 2003-4, needs to be increased

    progressively and rapidly.

    However, estimated investment requirements far exceed government

    resources. The massive gap between the existing infrastructure investment

    and the projected requirement in India has come into sharper focus. The

    Tenth Five Year Plan projection on the total investment required for

    infrastructure (at 2001-2 prices) is over Rs 11,00,000 crore (US$250 billion).

    The India Infrastructure Report, 1996, had projected the need for increasing

    infrastructure investment from under 5% to about 8% of GDP by 2005-6. In

    1999, public investment in infrastructure was 2.8% of GDP while private

    investment was merely 0.9% of GDP. At the end of the 1990s, however, actual

    investment (public and private) in infrastructure remained at under 4% ofGDP per annum, according to the World Bank. In other words, investment in

    road, rail, air, and water transport, power generation, transmission and

    distribution, telecommunication, water supply, irrigation, and water storage

    will need to increase from 4.6% of GDP to 78% during the Eleventh Plan.

    Private sector estimates for investment requirements are much higher.

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    According to one estimate,4 India needs to increase infrastructure spending

    gradually to US$100 billion per annum (8% of GDP) by 2010, to realize

    sustained growth of 8 9%. Some other agencies estimate the investment

    requirement over the next five years to be around $330 billion.

    Growing Emphasis On Private Sector Participation

    These projected investment requirements can not be met from governments

    budgetary resources. The scope for making improvements is limited by the

    state of public finances. The combined deficit of the Union and state

    governments is around 10% of GDP. Governments can also not borrow

    arbitrarily, since their borrowing has been capped through the Fiscal

    Responsibility and Budgetary Management Act. The Approach Paper to the

    Eleventh Plan states that One has to reach out to the private sector, and

    private savings, and to the other mechanisms available in the market today

    to raise funds (Planning Commission, June 2006, An Approach to the

    Eleventh Five Year Plan). The National Development Council (NDC) has

    passed a resolution which mentions that increased private participation has

    now become a necessity to mobilize the resources needed for infrastructure

    expansion and upgradation.

    Given the large resource requirements and the budgetary and borrowing

    constraints, GOI has been encouraging private sector investment and

    participation in all sectors of infrastructure. It has recognized that while

    public investment in infrastructure would continue to increase, private

    participation needs to expand significantly to address the existing deficit in

    infrastructure services.

    2. Case For PPP's

    Public-private partnerships are unlikely to entirely replace traditional

    infrastructure financing and development any time soon, if ever. PPPs are just one

    tool among many. Governments typically have a number of objectives when

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    building infrastructure: getting good value for money, timely delivery, meeting

    public needs and so on. The procurement model that best addresses these

    objectives is the one that should be chosen in each individual circumstance.

    PPPs have shown their potential as an important way to meet these objectives and

    address infrastructure shortages. For example, they provide new sources of capital

    for public infrastructure projects. Private equity, pension funds and other sources

    of private financing must still be repaid, but shifting the responsibility for

    arranging the financing to the private partner can help deliver infrastructure if a

    public entity is unwilling or unable to shoulder the full debt or the associated risk

    of the project at a certain point in time.

    While PPPs hold significant benefits as an infrastructure delivery tool, the model is

    not without its critics. Some of the criticisms are well-grounded and merit careful

    consideration when evaluating the relative pros and cons of delivery method

    alternatives. Others, however, are driven by a misunderstanding of PPPs or are

    based on outdated or incomplete information. For those who would like a fuller

    understanding of these issues, the most common objections to PPPs are taken up

    in the appendix. PPPs also present formidable challenges, both at earlier and later

    stages of market development. Addressing these challenges and maximizing the

    benefits of PPPs require governments to operate in a new way.

    Six additional benefits help to explain the strong growth of PPPs.

    Bringing Construction Forward

    Conventional procurements typically require the public sector to provide

    significant upfront capital even though the benefits of the project may be

    delayed or uncertain. Most forms of PPP enable the public sector to spread

    the publics cost of infrastructure investment over the lifetime of the asset,much as homeowners do when they take out home mortgages. As a result,

    infrastructure projects can be brought forward by years, allowing users to

    benefit from the investment much sooner than is typical under pay-as-you-go

    financing. For example, the creative financing approach used for the Virginia

    Pocahontas Parkway PPP project eliminated what might have been a 15-year

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    delay in construction while financing was assembled.22 In many cases, the

    private contractor also has a strong incentive to complete the project as

    quickly as possible because it needs the stream of revenues to repay the

    capital costs.

    On-Time And On-Budget Delivery

    With payments better aligned to the delivery of project objectives, public-

    private partnerships also have a solid track record of completing construction

    on time or even ahead of schedule. In Canada, for example, Terminal 3 at the

    Toronto Pearson Airport was completed 18 months ahead of schedule under

    a PPP contract.

    The United Kingdoms National Audit Office reported in 2003 that 73 percentof non-PFI construction projects were over budget and 70 percent were

    delivered late. In contrast, only 22 percent of the PFI projects came in over

    budget and 24 percent were late.

    Shifting Construction And Maintenance Risk to The Private Sector

    Politics and budget pressures play havoc with proper maintenance of existing

    infrastructure. There always seems to be another, higher priority: some

    program or crisis requires more urgent funding than rehabilitating an aging

    road or school. Or a budget deficit may push funding for infrastructure

    maintenance further down the priority list. Or an upcoming election may

    lead politicians to delay funding for rehabilitating a wastewater treatment

    plant to make way for a sexier program or project. Moreover, the effect of

    reducing spending on maintenance is rarely immediate; politicians who opt

    to cut back such spending may have left office long before society begins to

    complain loudly about crumbling roadbeds or overburdened electricitynetworks.

    The result: maintenance is often deferred. In some countries, only 10 percent

    of the road network is being maintained. California currently carries

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    approximately $12.5 billion in deferred transportation maintenance at the

    state level and $10.5 billion locally.

    Such deferred maintenance imposes huge costs in the long runfor

    example, early intervention costs about 20 percent less than maintenance

    postponed to the latter quarter of a roads life. Continual deferral results

    more safety problems in a shorter infrastructure lifespan, reduced quality of

    services, and generally worse financial outcomes.

    Well-designed PPPs can ameliorate these problems by transferring certain construction

    and maintenance risks to the private partner. Among the risks that can be assumed by

    the private partner are:

    Design risk

    Meeting required standards of delivery

    Incurring excessive cost overruns during construction

    Completing the facility on time

    Underlying costs to the service delivery operator, and the future costs

    associated with the asset

    Industrial action against or physical damage to the asset

    Certain market risks associated with the project

    The ability to shift some or all of these risks to the private sector is an

    important benefit of PPPs. Payment structures require the assets be available

    and properly maintained over time. The public sector thereby gains greater

    confidence in the level of its spending commitments over the lifetime of the

    asset. Greater cost transparency, in turn, supports more effective planningand helps to avoid cuts in other service areas as a result of unexpected

    infrastructure costs.

    Cost Savings

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    Cost savings from PPPs typically materialize in several different forms: lower

    construction costs, reduced life-cycle maintenance costs, and lower costs of

    associated risks.

    Construction savings: Experience from several countries has demonstrated

    that PPPs cost comparatively less during the construction phase of the

    contract. The savings typically result from innovation in design and better

    asset requirements. A report commissioned by the UK Treasury found in

    2000 that among a sample of 29 PFI projects for which public sector

    comparisons were available, the average savings were close to 17 percent.25

    In the United States, the costs of completing construction for segments of the

    Denver E-470 toll road that used a PPP approach came in $189 million below

    the original cost estimate of $597 million.26 In Australia, eight Partnerships

    Victoria projects were on average 9 percent less expensive than under the

    typical procurement process.

    On the other hand, the capital costs can also be higher in certain cases as the

    private sector tends to take a longer term view of all life-cycle costs rather

    than a narrow view of the lowest individual costs.

    Reduced life-cycle costs: In traditional contracting, the private sectors roleis typically limited to immediate construction. This can create a perverse

    incentive to economize on elements of construction today even though

    maintenance costs might be higher in the long run. Shifting long-term

    operation and maintenance responsibilities to the private sector creates a

    stronger incentive to ensure long-term construction quality because the firm

    will be responsible for maintenance costs many years down the road. This

    creates a strong incentive to do preventative maintenance and reduces the

    risk of future fluctuations in operations costs. This way the public benefits

    from this life-cycle efficiency. A UK study of benefits flowing from operating

    PFI projects found that, on average, the government expects to achieve a

    saving of 17 percent over the whole life cost of services by using the PPP

    approach, with savings as high as 45 percent in one of the cases.

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    Strong Customer Service Orientation

    Private sector infrastructure providers, often relying on user fees from

    customers for revenue, have a strong incentive to focus on providing superior

    customer service. Moreover, as the asset is no longer managed by the public

    sector, the public sector is able to concentrate more on ensuring the provider

    maintains certain customer service levels.

    In the case of accommodation PPPs, such as schools or defense facilities,

    customer satisfaction metrics can be built into the contract to ensure a strong

    customer orientation. In the United Kingdom, more than three-quarters of

    end users reported their public-private partnership projects were performing

    as expected or better than expected; one-quarter said that the facilities were

    far surpassing expectations.

    Innovation in customer service delivery helps to account for such high

    satisfaction levels. Motorists using the Citylink private tollway in Melbourne,

    Australia, for example, receive alerts when their account is low and can top

    up their accounts from their mobile phone. A mobile customer service unit

    traverses the city around the clock, visiting customers at work and at home,

    helping to install tags and answer account questions. Dissatisfied customers

    can file complaints with the City Link Ombudsman, an independent dispute

    resolution service that investigates complaints and proposes ways to resolve

    the issues. The private operator has also introduced a customer charter and

    customer performance scorecard; by measuring City Link's performance

    against charter targets and making the results public, the process has

    increased transparency and accountability.

    In the United States, the owners of the 91 express lanes in southern

    California hold focus groups to learn more about how to please customers.

    Enabling The Public Sector To Focus on Outcomes and Core Business

    When they are properly structured, public-private partnerships enable

    governments to focus on outcomes instead of inputs. Governments can focus

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    leadership attention on the outcome based public value they are trying to

    create. The destination, not the path, becomes the organizing theme around

    which the project is built. School PPPs provide a powerful example of how

    partnerships enable school officials to shift their focus to the core business of

    learning. When school officials at the Montaigne secondary school near TheHague in the Netherlands needed additional school capacity, they could have

    just chosen the usual route of getting bids from several contractors to build a

    school. Instead, they concluded that what they really wanted to buy was a

    quality learning environment and not just a physical assetin this case a

    school building. To that end, they entered a PPP with a consortium of private

    firms that provide cleaning, care taking, security, grounds maintenance and

    information technology, leaving school teachers and officials free to spend all

    their time on the core mission, teaching children.

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    E) CONCLUSION

    The infrastructure challenge before governments today may seem overwhelming.

    The historical boom-and-bust spending cycle has created huge infrastructure

    deficits around the world, the consequences of which are significant for bothcitizens who have to deal with decrepit facilities or long delays before new

    infrastructure is delivered, and governments fighting to stay competitive in todays

    flat world. Slowly governments are realizing that inaction is simply not an option.

    PPPs alone are not a panacea. Rather, they are one tool governments have at their

    disposal for facilitating infrastructure deliverya tool that requires careful

    application. By making the best use of the full range of delivery models that are

    available and continuing to innovatelearning from failure instead of retreating

    from it the public sector can maximize the likelihood of meeting its

    infrastructure objectives and take PPPs to the next stage of their development. This

    development, in turn, will enable this relatively new delivery model to play a far

    larger role in closing the infrastructure gaps bedeviling governments across the

    world.

    Ever since India embarked on its first phase of Reform in early 1990s,

    infrastructure development has remained the top priority of the Government.

    Unfortunately the infrastructure growth has not been commensurate with the

    demands made on it by an economy that was growing at more than 6% p.a. This

    period also witnessed a consistent move towards fiscal discipline that further

    curtailed room for accommodating increasing government funding of major

    infrastructure projects. The pressures of globalization further accentuate the

    infrastructure gap in the country.

    With the economy now clocking a growth rate of over 8%, it is estimated that US$320 billion would be required by the infrastructure sectors put together over the

    next 5 years. A significant percentage of this investment should come from the

    private sector. Public Private Partnerships (PPP) present the most attractive option

    of meeting the above targets, not only in providing resources to an extent but also

    in upgrading the standards of delivery through greater efficiency.

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    Government has attempted to bring out several innovative schemes aimed at

    leveraging its position to the fullest given its various commitments, which at times

    could seem mutually conflicting. Whereas to attract the private sector

    commercially viable projects should be on offer and to inculcate the discipline of

    user pay principle provision of these services should be based on payment oftariff, Government must fulfill its commitment to inclusive growth which makes it

    obligatory to fix the tariffs based on the capacity of the common man to pay. Due

    diligence is also essential given the substantial contingent liability that could

    devolve on the State in such projects.

    While encouraging PPPs, the govt. clearly perceives broadly four constraints:

    a) Weakness in enabling policy and regulatory framework. Substantial work need

    to be done in making sector policies and regulations PPP friendly. A large number

    of these projects are in the States and without the active participation of the States

    it would not be possible to achieve satisfactory results. the long-term equity and

    debt financing needed by infrastructure projects.

    b) The market presently does not have adequate instruments and capacity to meet

    c) There is also a lack of shelf of credible, bankable infrastructure projects, which

    could be offered for financing to the private sector. Some initiatives have beentaken both at the central as well as the states level to develop PPP projects these

    tend to be isolated cases and have demonstrated a marked lack of consistency.

    d) There is also lack of capacity in public institutions and officials to manage the

    PPP process. Since these projects involve long term contracts covering the life

    cycle of the infrastructure asset being created, it is necessary to manage this

    process to maximize returns to all the stakeholders.

    Government has taken measures to create enabling framework for PPPs by

    addressing issues relating to policy and regulatory environment. Progressively

    more sectors have been opened to private and foreign investment, levy of user

    charges is being promoted, regulatory institutions are being set up and

    strengthened, fiscal incentives are given to infrastructure projects, standardized

    contractual documents including the Model Concession Agreement are being

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    notified, approval mechanism for PPPs in the Central sector had been streamlined

    through setting up of PPPAC and a website exclusively devoted to PPPs has been

    launched to serve as a virtual market place for PPP projects. To address financing

    needs of these projects, various steps have been taken like setting up of India

    Infrastructure Finance Company and launching of a new Scheme to meet ViabilityGap Funding (VGF) of PPP projects. Setting up of infrastructure funds are also

    being encouraged and multilateral agencies such as ADB have been permitted to

    raise Rupee bonds and carry out currency swaps to provide long term debt to PPP

    projects. Recently, Citigroup and IDFC have joined together to launch a US$ 2

    billion infrastructure equity fund and I am assured that it would be fully

    subscribed before 31 March 2007. An infrastructure debt Fund of US$ 3 billion is

    also under consideration of the same combine. Blackstone has also shown interest

    in putting together another large infrastructure Fund for India and are in

    discussion with the officials of the Ministry of Finance. Merchant Bankers and

    multilateral agencies are also being encouraged to provide credit enhancement

    services for raising cheaper money from market, ECB norms have been eased and

    the overall limit raised to $22 billion annually. Indian FIs are also being

    encouraged to develop an appetite for financing instruments such as take-out

    finance. To meet the capacity building requirements in the sector, Technical

    Assistance from World Bank and ADB has been received and necessary measuresare being taken to implement various schemes like assisting the State

    Governments and Central Ministries in hiring consultants, preparation of a manual

    on PPPs to guide the users and undertake training programmes for public officials.

    The opportunities for private investment in infrastructure projects are immense. As

    the reach of PPP increases across the sectors, the capacity in the private sector to

    manage these projects over their entire life cycle of 20 to 30 years would also have

    to be enhanced. Government of India now permits FDI in most infrastructure

    sectors to the extent of 100%. It is time that the foreign strategic investors begin to

    take greater interest in project development and management activity in India. I

    am happy to note that in this international conference organized by the World

    Bank in collaboration with the Finance Ministry, several major private sector

    players from abroad are also taking part. They would, in addition to sharing with

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    the participants the best practices from around the world they will also take back

    with them a sense of what is happening in India and the excitement of an

    economy on the upswing.

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    F) REFERENCES

    Department Of Economic Affairs (DEA)

    Ministry Of Finance GOI

    Asian Development Bank (ADB)

    Deloitte Research Study

    The World Bank

    International Finance Corporation

    PPIAF- Public Private Infrastructure Advisory Facility

    Price Waterhouse Cooper ( PWC) Research

    www.infrastructure.gov.in

    www.pppinindia.com

    Department Of Planning and Planning Commission

    http://www.infrastructure.gov.in/http://www.pppinindia.com/http://www.pppinindia.com/http://www.infrastructure.gov.in/