Technical Note on the compilation of a Public Sector Benchmark for a Public Private Partnership Project January 2007 -1- The Public Sector Benchmark and the PPP Procurement Steps within the Capital Appraisal Guidelines framework Capital Appraisal Guidelines 1. Preliminary Appraisal Key Responsible party 2. NDFA assistance Project Assessment Sponsoring Agency / Project Board Approval Sanctioning Authority Audit Process Auditor / Sponsoring Agency 3. Approval to Proceed if Significant Staff Resources Involved in Detailed Appraisal 4. Detailed Appraisal (including PPP Procurement Assessment) 5. Approval to proceed and appoint client advisors 6. Establish Project Management Structure PPP Guidelines Design Brief Costs of Project Changes in Circumstances / Timescale 8 Compile Output Specifications and Public Sector Benchmark (PSB) Planning Stage 7. Accountable Officer appoints a Process Auditor. PA reports directly to the Accountable Officer. Pre-Tender Review Approval to Procure Procurement 9. Procurement Process 10. Tender Evaluation (including Value for Money Comparison) Approval to Implement if Tenders Exceed Appraisal Limits 11. Award of Contract Contract Placement Monitoring & Evaluation 13. Ongoing Contract Management 12. Post Project Review 1 Implementation stage Review Using Tender Price CONTENTS SECTION I – POLICY OVERVIEW 1.1 PURPOSE OF THE PUBLIC SECTOR BENCHMARK (PSB) ...............................................................4 1.2 SCOPE OF THESE GUIDELINES .............................................................................................................5 1.3 DETAILED FUNCTIONS OF THE PUBLIC SECTOR BENCHMARK ...............................................5 1.4 PROPORTIONALITY IN COMPILING A PUBLIC SECTOR BENCHMARK ...................................5 1.5 ROLE OF THE NATIONAL DEVELOPMENT FINANCE AGENCY (NDFA) ....................................5 1.6 RESPONSIBILITY FOR THE PUBLIC SECTOR BENCHMARK ........................................................6 1.7 “PROJECT” IN THE CONTEXT OF A PUBLIC SECTOR BENCHMARK ........................................6 1.8 PUBLIC SECTOR BENCHMARK IN THE PPP PROCUREMENT PROCESS...................................7 1.8.1 ON RECEIPT OF APPROVAL IN PRINCIPLE ................................................................................................... 7 1.8.2 OUTPUT SPECIFICATIONS .......................................................................................................................... 7 1.8.3 COMPILATION OF THE PUBLIC SECTOR BENCHMARK ............................................................................... 8 1.9 FINALISING THE PUBLIC SECTOR BENCHMARK .............................................................................8 1.9.1 ITERATIVE PROCESS .................................................................................................................................. 8 1.9.2 TIMING OF FINALISATION: GENERAL RULE .............................................................................................. 8 1.9.3 EXCEPTION TO THE GENERAL RULE: APPROVED PROGRAMME OF SIMILAR PROJECTS ............................. 9 1.9.4 EXCEPTION TO THE GENERAL RULE: TIMING OF FINALISATION ............................................................ 10 1.9.5 SUBMISSION TO SANCTIONING AUTHORITY ............................................................................................. 10 1.9.6 HANDOVER OF A PPP PROJECT TO THE CENTRE OF EXPERTISE............................................................. 11 1.9.7 COMMUNICATION WITH THE MARKET AND THE PSB .............................................................................. 11 1.10 REVISIONS TO THE PUBLIC SECTOR BENCHMARK ....................................................................12 1.10.1 REVISING THE PSB: GENERAL RULE .................................................................................................... 12 1.10.2 REVISING THE PSB: EXCEPTIONS TO THE GENERAL RULE ................................................................... 12 1.11 PSB AND AFFORDABILITY ....................................................................................................................13 1.12 PSB AND VALUE FOR MONEY ..............................................................................................................14 1.13 THE IMPLICATIONS OF THE OUTCOME OF THE VALUE FOR MONEY COMPARISON .....15 1.13.1 ON EQUALLING OR BEATING THE PSB ................................................................................................... 15 1.13.2 FAILURE TO EQUAL OR BEAT THE PSB .................................................................................................. 15 1.14 TAXATION, RATES AND LEVIES ..........................................................................................................16 1.14.1 TAXATION .............................................................................................................................................. 16 1.14.2 RATES AND LEVIES ................................................................................................................................ 16 1.15 DISCLOSURE OF THE PUBLIC SECTOR BENCHMARK ...............................................................16 SECTION II – COMPILING THE PUBLIC SECTOR BENCHMARK 2. STANDARD COMPONENTS ........................................................................................................................18 2.1 INTRODUCTION .......................................................................................................................................... 18 2.2 CAPITAL COSTS ......................................................................................................................................... 18 2.3 OPERATING, MAINTENANCE AND LIFECYCLE COSTS .............................................................................. 19 2.4 THIRD PARTY INCOME .............................................................................................................................. 21 2.5 RISK............................................................................................................................................................ 21 2.5.1 Introduction ....................................................................................................................................... 21 2.5.2 Identification of Risks........................................................................................................................ 22 -2- 2.5.3 Quantification of the Impact of Risks ............................................................................................... 22 2.5.4 Probability of Risks Materialising ..................................................................................................... 23 2.5.5 Calculating the Price of a Risk .......................................................................................................... 23 2.5.6 Timing of the effect of Risks.............................................................................................................. 23 2.5.7 Allocation of Risks ............................................................................................................................. 23 2.5.8 Risk Matrix ........................................................................................................................................ 25 2.5.9 Risk Database .................................................................................................................................... 26 3. PROJECT CASH FLOWS .............................................................................................................................26 3.1 OVERVIEW ................................................................................................................................................. 26 3.2. DISCOUNT RATE AND DISCOUNT FACTOR ............................................................................................... 27 3.3 BASE DATE ................................................................................................................................................. 27 3.4 CALCULATING A DISCOUNTED CASH FLOW (DCF) ................................................................................. 27 3.5 NET PRESENT VALUE ................................................................................................................................ 27 3.6 TREATMENT OF INFLATION IN CASH FLOWS ........................................................................................... 28 3.7 CONSISTENCY BETWEEN PSB AND BIDS RECEIVED IN CALCULATING DCFS .......................................... 28 3.8 METHODS FOR ANALYSING CASH FLOWS IN THE PSB ............................................................................ 28 3.8.1 Sensitivity Analysis ............................................................................................................................ 29 3.8.2 Reasonableness Test .......................................................................................................................... 29 3.8.3 Scenario Analysis .............................................................................................................................. 29 4. ESTIMATIONS / VALUATIONS USED IN THE PSB ...............................................................................30 4.1 ESTIMATIONS IN THE PSB ......................................................................................................................... 30 4.2 HYPOTHETICAL PUBLIC SECTOR COST .................................................................................................... 30 4.3 INTERNAL CONSULTATION ON VALUATIONS ............................................................................................. 31 4.4 ENGAGEMENT OF EXTERNAL EXPERT ADVISORS...................................................................................... 31 5. ASSUMPTIONS MADE IN COMPILING THE PSB ..................................................................................31 6. STANDARD PRESENTATION OF THE PSB DOCUMENT ....................................................................32 6.1 SUMMARY OF HIGH LEVEL COSTS ............................................................................................................. 32 6.2 SUMMARY OF COSTS OF EACH MATERIAL CONSTITUENT ELEMENT ........................................................ 33 7. OTHER KEY ASPECTS OF THE COMPILATION OF THE PSB ..........................................................33 7.1 TERM OF CONTRACT ................................................................................................................................. 33 7.2 ACCRUED LIABILITIES............................................................................................................................... 34 A P P E N D I C E S .............................................................................................................................................35 APPENDIX I: ROLE OF THE NATIONAL DEVELOPMENT FINANCE AGENCY IN THE COMPILATION OF THE PUBLIC SECTOR BENCHMARK ........................................................................................................................ 35 APPENDIX II: CALCULATING A DISCOUNTED CASH FLOW ........................................................................... 38 APPENDIX III: EXAMPLE OF A DISCOUNTED CASH FLOW FOR A PUBLIC SECTOR....................................... 40 BENCHMARK .................................................................................................................................................... 40 -3- SECTION I – POLICY OVERVIEW 1.1 Purpose of the Public Sector Benchmark (PSB) The PSB is a key tool in the PPP procurement process. It is presented as a single monetary value that represents the full estimated cost, taking income and risks into account, to the Sponsoring Agency of delivering the project using “traditional” public sector procurement1. This single monetary value is underpinned by a financial model2 and other relevant supporting documentation. The PSB must comprehensively address all costs, income and risks that the private sector will be invited to tender for in the PPP contract. The compilation of the PSB will build on the Detailed Appraisal carried out under the Capital Appraisal Guidelines3. The PSB is not a prediction of the actual outturn cost of the project. For this reason, Sensitivity and Scenario Analyses, as outlined in section 3.8, are important aspects of the compilation of the PSB. The valuations used in the PSB should represent the best estimate available, at the time of compilation, of all of the costs, income and risks associated with a given PPP project. The ultimate purpose of the PSB is to act as a reference throughout the PPP procurement process. It will also play an important role in the assessment of whether the highest ranking bid received4 has the potential to offer value for money. “Traditional” public sector procurement is a realistic public sector alternative to procuring a project using a PPP arrangement, employing the normal procurement method used in the relevant sector. 2 The calculation of a PSB is a complicated exercise that is carried out with the assistance of a series of interrelated spreadsheets amalgamated into one “financial model”. 3 “Guidelines on the Appraisal and Management of Capital Expenditure Proposals in the Public Sector”, Department of Finance, February 2005, referred to throughout this document as the Capital Appraisal Guidelines. 4 The “highest ranking bid” is the bid that scores highest when evaluated against the published evaluation criteria. 1 -4- 1.2 Scope of these Guidelines These guidelines apply to all PPP projects, regardless of whether they are to be funded by direct Exchequer funding, by deferred annual payments from the Exchequer (in respect of projects funded by the private sector and/or the National Development Finance Agency (NDFA)), by user charges, by local authority own resources, or by any other means. 1.3 Detailed Functions of the Public Sector Benchmark (a) To provide a structured approach to the costing of a PPP project at an early stage, before invitations to tender are issued. (b) To re-assess5, at an early stage, prior to the initiation of the tendering process, whether the project and the procurement method chosen has the potential to offer value for money. (c) To inform any discussions and negotiations, as appropriate, held with private sector bidders, particularly through the prior identification, quantification and initial allocation of the risks associated with the project in the PSB. (NB: Under current policy, the PSB itself is not disclosed to bidders – see section 1.15.) (d) To be used as a quantitative benchmark against which the highest ranking bid can be evaluated in the formal Value for Money Comparison6 (see section 1.13). 1.4 Proportionality in compiling a Public Sector Benchmark The investment of time and resources in developing a PSB should be proportionate to the monetary value of the project. However, care must be taken to ensure that the work done on the PSB is not so cursory as to diminish the credibility of the exercise. 1.5 Role of the National Development Finance Agency (NDFA) The advice of the NDFA must be sought on all financial, risk and insurance aspects of compiling a PSB for: (i) major PPP projects and grouped PPP projects having a capital cost in excess of the limit set by the Department of Finance (currently €20 million, but under 5 When PPP procurement is being considered, a prior assessment of whether the project and the procurement method has the potential to offer value for money is made as part of the PPP Procurement Assessment (carried out at Detailed Appraisal stage and before the PSB is compiled). 6 The Value for Money Comparison exercise is carried out after the highest ranking bid has been identified. The purpose of the exercise is the determine whether or not the highest ranking bid represents a “value for money” outcome by reference to the overall impact on the Exchequer of the bid as compared to the impact of the PSB. -5- review); or (ii) PPP projects and grouped PPP projects having a capital cost less than this limit, where the Sponsoring Agency is of the opinion that it does not have sufficient internal expertise to compile the PSB; or (iii) PPP projects and grouped PPP projects that are being procured by the Centre of Expertise on behalf of the Sponsoring Agency7. As set out in circular letter S430/10/03, where a Department, State authority or Agency employed financial/risk/insurance advisors to provide advice for an individual project or a programme of projects prior to 14th February 2003, these arrangements will be honoured. References to the role of the NDFA throughout these Guidelines should be read in this context. NB: Notwithstanding what has been stated earlier in this section, the NDFA must always be consulted regarding the appropriate discount rate (see section 3.2) and inflation rate(s) (see section 3.6) to use in compiling each PSB. 1.6 Responsibility for the Public Sector Benchmark Overall responsibility for developing the PSB lies with the Sponsoring Agency. The NDFA will be responsible for compiling the structure and content of the financial model underpinning the PSB and for entering data into this model. While the NDFA will provide advice on the appropriate values to use in the model, responsibility for the actual values used remains with the Sponsoring Agency. 1.7 “Project” in the context of a Public Sector Benchmark There may be elements of a project that are procured independently of the PPP arrangement. For example, the Department of Education and Science may purchase a site for a school, secure outline planning permission, etc., and then invite the private sector to tender to design, build, maintain and finance a school on that site. The PSB does not include any costs / incomes / risks that will be retained by the Sponsoring Agency itself, irrespective of the procurement method used, and which are not part of the PPP 7 Irrespective of the capital value of the project, when the Centre of Expertise in the NDFA is procuring a project on behalf of the Sponsoring Agency, the Sponsoring Agency must seek the technical assistance of the NDFA to help establish project budgets and compile the PSB on its behalf. -6- contract. In this way, the PSB can serve as a direct like-with-like comparator against the highest ranking bid received. (However, a record will be kept of all aspects of the overall project retained by the Sponsoring Agency and this will be updated, as appropriate, throughout the PPP procurement process.) In the example above, the PSB would include the cost to the Department of Education and Science of designing, building, maintaining and financing the school using traditional procurement but would not include the costs associated with acquiring the site and securing outline planning permission. (These costs would be included in the overall project budget.) 1.8 Public Sector Benchmark in the PPP Procurement Process8 The Capital Appraisal Guidelines set out the major stages that must be undertaken in the appraisal and procurement of all public infrastructure projects. However, some of the steps followed in PPP procurement, following appraisal of the project and approval in principle (i.e. after completion of Stage 1 of the Capital Appraisal Guidelines) differ from those set out in Stage 2 Planning Stage of the Capital Appraisal Guidelines. One such step is the requirement that a PSB be compiled for all PPP projects. 1.8.1 On receipt of approval in principle On completion of Stage 1 of the Capital Appraisal Guidelines and having received approval in principle from the Sanctioning Authority to proceed with the project using a PPP arrangement, the Sponsoring Agency establishes an appropriate project management structure and a Process Auditor9 is appointed. The Sponsoring Agency will then draw up detailed Output Specifications for the project. 1.8.2 Output Specifications Output specifications focus on what the Sponsoring Agency seeks to achieve in undertaking a PPP project rather than on the specifics of how the project is to be More detailed information on the PPP Procurement Process is set out in the Department of Finance’s Guidelines for the Provision of Infrastructure and Capital Investments through Public Private Partnerships, available on www.ppp.gov.ie – referred to throughout these guidelines as the Main PPP Guidelines 9 For more information on the Process Auditor’s role in a PPP project see “Guidelines for the Reporting Arrangements, Role and Function of a Process Auditor in a Public Private Partnership project” available on www.ppp.gov.ie 8 -7- delivered. Output specifications are used in PPP projects to give the private sector a range of flexibility in how to deliver the required outputs. They are similar to the “Project Brief” envisaged for traditionally procured projects in the Capital Appraisal Guidelines, but the focus is on outputs rather than inputs. For example, an output specification might state that the windows in a building should meet current building regulations and keep the window opening wind- and weather-tight. However, an input specification might detail how many windows there are to be, where they are to be situated, what the dimensions are to be, how they are to be glazed, what materials are to be used in window frames, etc. When drawing up output specifications, due regard must be had to sectoral norms and public health and safety requirements. The Sponsoring Agency should not assume that a different (i.e. higher or lower) level of specification will be achieved through the use of PPP procurement. While end users may be consulted on the specifications, responsibility for the determination of specifications and standards rests with the Sponsoring Agency. 1.8.3 Compilation of the Public Sector Benchmark Once the output specifications for a project have been completed, the PSB can be compiled; it is derived from the outputs specified. The Sponsoring Agency decides how it would achieve what has been requested of the private sector if it used traditional procurement approaches instead of a PPP arrangement, i.e. it identifies the “inputs” necessary to deliver the project traditionally. These inputs are then costed and included in the calculation of the PSB. 1.9 Finalising the Public Sector Benchmark 1.9.1 Iterative Process Finalising the output specifications and the associated PSB will commonly involve an iterative process, as the costing associated with the first draft of the output specifications may prove to be higher than the Sponsoring Agency had originally budgeted for. This may require a downward assessment of requirements (output specifications) and a consequential reduction in the estimated value of the PSB. 1.9.2 Timing of Finalisation: General Rule As a general rule, the output specifications and associated PSB should be finalised, agreed and -8- up to date before any tender invitations are issued. This is important in order to ensure that, when costed, the final output specifications being issued with the tender invitations can be delivered within the available budget for the project. Output specifications should not be issued to the tenderers until they have been finalised, otherwise tenderers could submit bids based on inaccurate or out of date output specifications. Significantly changing the output specifications after tenderers have started preparing their bids can result in additional costs for all tenderers and may infringe EU procurement procedures. 1.9.3 Exception to the General Rule: Approved programme of similar projects In the case of an approved programme of similar projects, involving similar output specifications, it may be agreed with the Sanctioning Authority and/or the Department of Finance that the Sponsoring Agency may commence the early stages of the tendering process for the second and subsequent projects in the programme in parallel with the compilation of each project-specific PSB. This approach is workable in these circumstances because, while a project-specific PSB will be required for each individual project in the programme, the projects will be similar and therefore the resultant PSBs should also be similar. In addition, experience gained in compiling and finalising the PSB for the first project should speed up the process of compiling subsequent PSBs. Parallel processes for the second and subsequent projects in a programme are only permitted after the tender responses for the initial project have been received, and only if the costings used in these tenders justify the use of the initial PSB as a base. If the difference between the costings used by the public and the private sector calls into question the use of the initial PSB as a base, the tendering process for the second and subsequent projects in the programme should not commence until the specific PSB for the second project has been finalised and agreed. In other words, parallel processes cannot be implemented until the Sponsoring Agency is satisfied that an appropriate “base PSB” has been identified. In any event, the PSB for each project in the programme must be finalised before the tenders for each project are received. -9- 1.9.4 Exception to the General Rule: Timing of Finalisation Notwithstanding the above, there may be exceptional circumstances where some information10 critical to the finalisation of the PSB may not be available before the issue of tender invitations, with the result that it is not possible to produce a final, robust PSB at this stage, in accordance with normal practice. In these exceptional circumstances, subject to the Accountable Officer being satisfied that there are clear and substantial grounds to depart from the general rule, the PSB may be finalised, agreed and supplied to the Sanctioning Authority, after invitations to tender are issued but prior to receipt of the tenders. The agreement of the Accountable Officer to depart from the general rule in this regard, and the rationale for so doing, must be recorded in writing and maintained on file. This is imperative because the key test of value for money in PPP procurement is the comparison of highest ranking bid received with the PSB and this comparison should be carried out in the most objective manner possible. 1.9.5 Submission to Sanctioning Authority The finalisation of the output specifications and associated PSB for PPP projects will be a matter for the Sponsoring Agency, within the approval / delegated sanction granted to them by the Sanctioning Authority. Provided that the terms of the approval / delegated sanction are not breached or are not likely to be breached, it will not be necessary to seek specific approval from the Sanctioning Authority for the detailed output specifications or the PSB for individual projects. However, before any tender invitations are issued (subject to the exceptions set out in section 1.9.3 and section 1.9.4 above), the Sponsoring Agency should submit the agreed PSB to the Sanctioning Authority for information. The Sponsoring Agency’s submission to the Sanctioning Authority should be accompanied by: (a) the PSB documentation; and (b) a statement from the Sponsoring Agency endorsing the PSB and confirming that it has been compiled in compliance with these Guidelines. If the terms of the Sponsoring Agency’s approval / delegated sanction are breached or are likely to be breached, the Sponsoring Agency will have to seek the specific approval of the relevant Sanctioning Authority for the PSB. The submission seeking sanction should be accompanied by (a) and (b) above. 10 For example, archaeological information for projects such as roads that cover a large geographical area. - 10 - If the PSB is not wholly consistent with the advice of the NDFA, the NDFA should supply a statement to the Sanctioning Authority outlining the aspects of its advice that have not been followed and the effect this has had on the value of the PSB11. 1.9.6 Handover of a PPP Project to the Centre of Expertise When the Centre of Expertise is procuring a PPP project on behalf of the Sponsoring Agency, the project should not be handed over to the Centre of Expertise until the PSB has been finalised and agreed. If the exceptions regarding an approved programme of similar projects (section 1.9.3) or the timing of finalisation of the PSB (section 1.9.4) apply, the PSB should be progressed as far as possible prior to handover of the project to the Centre of Expertise. In such circumstances, the Sponsoring Agency should ensure that appropriate liaison procedures are in place with regard to the finalisation of the PSB. 1.9.7 Communication with the Market and the PSB The PSB should be finalised before any communications with the private sector specific to a published invitation to tender are commenced12 (referred to in section 2.8.2 of the Main PPP Guidelines as “tender-related communications”). When using the Competitive Dialogue procedure, in accordance with the procedures of the relevant Directives, the Sponsoring Agency can open a dialogue with candidates following publication of a contract notice. Given the nature of the projects that this procedure applies to and the manner in which the procedure is implemented, it would often not be possible to fully finalise a PSB before the Competitive Dialogue is commenced with the private sector. While the PSB should be advanced as far as possible pending the finalisation of dialogue with the candidates, it should be finalised following determination of the final requirements and before candidates are invited to submit their final tenders. This applies when the NDFA is acting as financial advisor for the project – see section 1.5 above. Under EU procurement law, the nature and level of communication permissible with bidders / potential bidders will be determined by the procurement procedure chosen. 11 12 - 11 - Legal advice should always be sought on the appropriate level of communication allowable with the market in each instance. Current policy requires that neither the PSB nor any element of it is to be disclosed at any point – see section 1.15 below. Care should be taken to ensure that this policy is adhered to at all times, particularly when discussing tender-related issues with the market. 1.10 Revisions to the Public Sector Benchmark 1.10.1 Revising the PSB: General Rule As a general rule, no changes should be made to the output specifications / PSB once they have been finalised and agreed. 1.10.2 Revising the PSB: Exceptions to the General Rule Having been finalised and agreed, it may emerge that changes need to be made to some of the costings underpinning the PSB in the light of new information. Where factors external to the Sponsoring Agency (e.g., An Bord Pleanála, a Railway Order) give rise to changes to project specifications that have a material impact on that project, a consequent change to the PSB may be permitted. However, if any such changes are contemplated, the cost implications and effects on the timing of the project have to be fully appraised before being made. The Centre of Expertise should not make any changes to an agreed PSB without the express written permission of the Sponsoring Agency. In the interests of transparency and objectivity, the PSB / output specifications must be finalised and agreed before tenders are received and no changes made thereafter. Material changes to the PSB may also require a review of both the original cost-benefit analysis and the approval to proceed with the project, as changes in the original specifications may affect the project’s viability. The Sanctioning Authority must be consulted if these changes would result in a departure from the conditions of approval / delegated sanction. If, in the exceptional circumstances outlined above, changes to the finalised and agreed output specifications / PSB are unavoidable after the tender invitations have issued, a detailed audit trail of any such changes must be maintained by the Sponsoring Agency / Centre of Expertise, - 12 - as appropriate, together with a clear rationale for each change required. This audit trail should be available to the Sanctioning Authority. If any such changes are made, the modifications in the output specifications must be communicated to the participating tenderers without delay. The Sponsoring Agency / Centre of Expertise should ensure (seeking legal advice, as appropriate) that it does not modify output specifications so significantly that EU procurement procedures are infringed. The final agreed PSB should never be amended. The PSB is a tool in the PPP procurement process; it is not an end in itself. The procedure set out in section 1.13.2 below can be used to address circumstances where, following the finalisation of the PSB, material and significant issues come to the attention of the Sponsoring Agency that need to be taken into account in the like-with-like comparison of the PSB with the highest ranking bid (i.e. the Value for Money Comparison). 1.11 PSB and Affordability As stated in the Main PPP Guidelines “(a)t project level, the issue of affordability is addressed in the context of the overall capital envelope amount available to the Sponsoring Agency, and by the setting of a project budget and the compilation of a PSB.13” The guidelines also require that “…when approving a PPP project the Sanctioning Authority should convey its approval subject to an overall project budget, to include both PPP and nonPPP elements of the project…14.” On completion of the PSB, the Sponsoring Agency must confirm to the Sanctioning Authority that the costs of the project, including both PPP and non-PPP elements of the project, are still within the overall project budget sanctioned by the Sanctioning Authority and that the capital cost of the project is still within the limits of the Sponsoring Agency’s capital envelope (both the Exchequer allocation and the PPP/NDFA target). 13 14 See Main PPP Guidelines, Section 1.13, page 12 See Main PPP Guidelines, Section 2.4, page 20 - 13 - 1.12 PSB and Value for Money Securing value for money is an overarching concern throughout the PPP procurement process. Four formal value for money tests are carried out at various stages of the PPP process – at PPP Procurement Assessment, on completion of the PSB, at Tender Evaluation stage and finally, at Financial Close. The PSB plays a major role in three of these four tests, as illustrated in Figure 1 below: Figure 1: Role of the PSB in assessing Value for Money 1. Preliminary Appraisal 2. NDFA Assistance 3. Approval to Proceed (if significant staff resources involved in Detailed Appraisal) VALUE FOR MONEY TEST Pre- PSB 4. Detailed Appraisal (including PPP Procurement Assessment) 5. Approval to proceed and appoint client advisors 6. Establish Project Management Structure 7. Accountable Officer appoints a Process Auditor. PA reports directly to the Accountable Officer. VALUE FOR MONEY TEST In light of the quantifications in the PSB should the project still proceed using a PPP arrangement? 8 Compile Output Specifications and Public Sector Benchmark (PSB) VALUE FOR MONEY TEST The “Value for Money Comparison” - Does the highest ranking bid compare favourably with the PSB from a quantitative perspective in terms of the impact each would have on the Exchequer? 9. Procurement Process 10. Tender Evaluation (including Value for Money Comparison) 11. Award of Contract 12. Post Project Review 13. Ongoing Contract Management - 14 - VALUE FOR MONEY TEST What impact has changes in the following on the outcome of the comparison of the highest ranking bid and the PSB: interest rates, the discount rate and/or the contract terms, (as appropriate)? A technical note on Value for Money in the PPP Procurement Process is to be issued by the Central PPP Unit. 1.13 The implications of the outcome of the Value for Money Comparison In the Value for Money Comparison exercise the highest ranking bid is compared to the PSB to assess, from a quantitative perspective, whether a value for money outcome could be achieved by awarding the tender to the highest ranking bidder. The steps to be taken when the outcome of this quantitative exercise is known are set out below: 1.13.1 On equalling or beating the PSB If the highest ranking bid equals or beats the PSB in the Value for Money Comparison exercise and the following conditions are fulfilled: the terms of the Sponsoring Agency’s delegated sanction / approval are adhered to; and the capital cost of the project is consistent with the available Capital Envelope allocation / target of the Sponsoring Agency, the Sponsoring Agency / Centre of Expertise, as appropriate, may then move to award the contract to the tenderer who submitted the highest ranking bid. 1.13.2 Failure to equal or beat the PSB If the highest ranking bid fails to equal or beat the PSB, the Sponsoring Agency should examine why. The general principle is that the matter should be referred to the Sanctioning Authority and the appropriate Minister / the Government by the Sponsoring Agency. The Sanctioning Authority / appropriate Minister / Government should be advised of the factors leading to the failure of the highest ranking bid to equal or beat the PSB, including anything that may have come to light after the PSB was finalised that should be taken into account in the like-with-like comparison of the PSB with the highest ranking bid. If this issue arises when the Centre of Expertise is procuring a project on behalf of the Sponsoring Agency, the Board of the NDFA should examine why the PSB has not been equalled or beaten by the highest ranking bid received. In addition to advising the Sponsoring Agency, the NDFA should report the matter to the Minister for Finance. The Sponsoring - 15 - Minister will refer the matter to Government for decision, unless the Minister for Finance agrees that this is not necessary or appropriate. The Minister for Finance would, in due course, convey the decision reached by the relevant Minister or the Government, as appropriate, to the Board of the NDFA. 1.14 Taxation, Rates and Levies 1.14.1 Taxation The PSB represents the full cost to the Sponsoring Agency, over the proposed contract term, of delivering the project by traditional means, including all of the taxation costs that the Sponsoring Agency would be liable for under traditional procurement. The full cost of the project to the Sponsoring Agency must be evaluated for affordability purposes, in the context of the overall budget limit approved for the project. However, in the Value for Money Comparison the evaluation of the highest ranking bid against the PSB will be done on a VATexclusive basis and therefore the VAT costs should be identified separately in the PSB, as illustrated in Table 5 on page 31. For further information on the treatment of VAT in PPP project please see Central Guidance Note No. 5 – The Treatment of VAT in PPP Projects15. 1.14.2 Rates and Levies If the Sponsoring Agency would be obliged to pay rates and/or local levies if it delivered the project using traditional procurement, these should be included in the Public Sector Benchmark. 1.15 Disclosure of the Public Sector Benchmark Current policy is that the PSB, or any elements thereof, is / are not made public during the tendering process on the basis that revealing the amount that the State is willing to pay may give tenderers an opportunity to increase their asking price above what they might otherwise seek. Where the public sector is likely to procure a similar project in the same or other sectors in the foreseeable future, the PSB (or any elements thereof) should not be released, even after the completion of the tendering process. 15 Available on www.ppp.gov.ie - 16 - In the case of a once-off project, where it is not likely that there will be any similar procurement in the future, the release of the PSB after the contract has been signed could be considered, subject to the non-disclosure of risk valuations (see below). However, before releasing any of the PSB documentation, the Sponsoring Agency must be satisfied that none of the information being released could diminish the potential to secure value for money bids when procuring future projects. If the Sponsoring Agency is satisfied that it is in order to disclose the PSB, it must advise the Sanctioning Authority of its intention to do so and of the basis for disclosure. In no circumstances should the individual risk valuations set out in a PSB be disclosed and no information should be released in a format that would permit the identification of risk values. To do so would provide information on how the public sector values risk, which would prejudice the ability of the public sector to secure value for money in current and future projects through risk transfer. Similarly, it is important to ensure that information relating to the demand projections used in the development of a PSB for a Concession project (e.g., the Sponsoring Agency’s traffic forecasts for a toll road) is not disclosed. Disclosure of any aspect of the PSB could have an adverse effect on the conduct by the Sponsoring Agency of PPP contract negotiations, particularly as information contained in the PSB could disclose positions taken in past or current negotiations and, indeed, positions that may be taken in future negotiations. Disclosure of the PSB, or elements thereof, may also give rise to an unwarranted loss to the Sponsoring Agency and/or an unwarranted gain to the private sector as access may be given to financial, commercial, industrial, scientific or technical information that belongs to the Sponsoring Agency. The PSB, like other confidential and similar information relating to projects, is of course available to the Comptroller and Auditor General for inspection in connection with any reports his / her office may be progressing. - 17 - SECTION II – COMPILING THE PUBLIC SECTOR BENCHMARK 2. STANDARD COMPONENTS 2.1 Introduction The PSB must comprehensively address all costs, income and risks that the private sector will be invited to tender for in the PPP contract. These must be presented as estimated annual values arising over the whole lifetime of the project. These values will then be discounted back to a present day value16. Depending on the type of PPP arrangement17 being pursued, some or all of the following components will be included in each PSB: (i) Capital Costs, (ii) Operating, Maintenance and / or Lifecycle Costs, (iv) Third Party Income and (v) Risks. Table 1: Standard Components of the PSB for a DBFOM project Capital Costs Operating, Maintenance and / or Lifecycle Costs Third Party Income Transferred Risk (including the transferred portion of Shared Risks) 2.2 Capital Costs Capital costs are the upfront costs of providing a capital asset for the project. This can mean either the costs associated with the construction of the capital asset or the cost of the conversion/refurbishment of an existing capital asset to meet the output specification. If the PPP arrangement includes the transfer of a capital asset to the private sector partner as part of 16 17 See section 3 – Project Cash Flows. For example, Design Build and Maintain (DBM), Design Build Finance Operate and Maintain (DBFOM), etc. - 18 - the PPP deal and the asset would have been disposed of if the project were procured using a traditional procurement arrangement, the PSB should take account of the capital receipt that would be generated by the disposal of the asset. If the capital asset (being transferred under the PPP deal) would not have been disposed of under traditional procurement, a capital receipt should not be included in the PSB. However, the Sponsoring Agency should seek the advice of the NDFA on how to address the inclusion of the capital asset in the PPP deal in the Value for Money Comparison, having regard to the relevant policy implications. An indicative list of capital costs is set out in the following table. This is not an exhaustive list; there may be other project-specific capital costs that should be included in the PSB. Table 2: Examples of Capital Costs Design Costs VAT Cost of Raw Materials Off Site Works Professional Fees (e.g., legal, financial, surveyor) Equipment Furniture, Fixtures and Fittings Stamp Duty Building/Construction Costs (including imputed rolled up interest18) External Works/Site Services Costs Site Conditions Service Connections 2.3 Operating, Maintenance and Lifecycle Costs Operating, maintenance and lifecycle costs are the costs that are associated with the daily running of the capital asset. They relate directly to the operation, maintenance and upkeep of the asset and the provision of related services to meet the output specifications over the contract period. Operating costs are those costs that would be associated with the operation of the asset / service to the standard set out in the output specification. Similarly, maintenance costs are those costs associated with maintaining the asset to this required standard. Lifecycle costs are those costs arising over the proposed contract term in relation to replacing/refurbishing a 18 This is a technical adjustment required to ensure that cash flows are discounted correctly. The National Development Finance Agency (NDFA), as financial advisors, will advise in this regard. - 19 - capital asset to enable it to continuously meet the standard set out in the output specification19. A Department’s Asset Register may be a source of information on lifecycle costs. Historically, PPP contracts that were classified as Design, Build, Operate and Finance (DBOF) also included a requirement that the asset be maintained. Sometimes a decision is taken to segregate the Operate and Maintain elements in projects and the private sector may be requested to Design, Build, Maintain and Finance (DBMF) an asset while the public sector retains responsibility for some or all operations. In many cases, PPP procurement will result in a more structured approach to operating, maintaining and replacing physical assets than might have prevailed under traditional procurement. Historical data on such costs may not be readily available within Departments. The Sponsoring Agency should address any such information deficit by establishing realistic norms, based on best practice, and by costing these appropriately. The assumptions used in establishing and costing these norms should be clearly specified in the PSB documentation. In most instances, this information is actually available in the Sponsoring Agency but will need to be collated in a structured way. Each sector should develop and maintain a cost database that can be used in compiling PSBs. Some examples of Operating, Maintenance and Lifecycle Costs are set out in the following table (again, this is not an exhaustive list). Table 3: Examples of Operating, Maintenance and Lifecycle Costs Cost of consumables Utility and energy management Waste Management Security General overheads Rates Asset refurbishment 19 Facilities Management Catering Administration Cleaning Insurance Relevant Staffing costs IT-related lifecycle costs can be particularly difficult to forecast due to the rate at which advances are made in technology over the lifetime of a typical PPP project. For this reason, IT is not normally part of a long term PPP contract. Where IT is likely to be an integral and material part of the project, it may be necessary to consult specialist advisors on the appropriate IT costings to use. - 20 - 2.4 Third Party Income Third Party Income is income that can be generated by charging third parties for the use of an asset / service. A revenue stream from third party income can reduce the overall cost of funding a project and the potential to generate such income should always be considered, on a realistic basis. The level of income realisable will differ depending on the type of project being pursued. For example, a road project could be substantially funded by tolls, whereas an accommodation project may have limited opportunities to generate income (e.g., from letting rooms to third parties, etc). If it is included in the PSB the estimate of realisable third party income must be based on reasonable analysis and assumptions and a proportionate amount of time should be expended on assessing it. Third party income is costed by considering the price that users would be charged and multiplying this by the projected number of users (quantity). Both price and quantity should be estimated using industry norms, based on the current and/or historic market. All costs related to generating, collecting and managing third party income, should also be included in the PSB. As a general rule, third party income should only be included in the PSB where there is a clear policy that third parties can be charged for using a public sector asset or service. There should also be a reasonable expectation that third parties would be willing to pay to use the proposed asset/service and that the relevant authority would consent to third parties using the proposed asset/service and being charged to do so. The basis for including third party income should be stated in the PSB document. 2.5 Risk 2.5.1 Introduction Risk is inherent in the management of all projects and relates to the possibility that more than one outcome could occur at any given point and that these outcomes could impact, either positively or negatively, on the project in terms of overall cost, time or quality. In compiling the PSB, risk analysis is undertaken in order to identify and quantify risks and to consider how best to allocate them between the public and the private sector. The NDFA must be consulted regarding all aspects of risk analysis. - 21 - All risks associated with a given project should be identified and priced for the purposes of assessing affordability, i.e. they should be taken into account in the overall project budget. However, only those risks that will be transferred to the private sector are included in the PSB. Generally, if the price that the Sponsoring Agency assigns to a risk (see section 2.5.5) is greater than the price that the Sponsoring Agency would pay to transfer that risk to a private sector partner or an insurer, that risk should be included in the PSB (i.e. the Sponsoring Agency should seek to transfer it). All risks identified should be presented as separate cash flow items (see section 3 below) in nominal terms, i.e., the impact of inflation of the risk valuations must be considered. The time and resources dedicated to analysing risks should be proportionate to the impact that they could have on the cost of a project if they materialised. 2.5.2 Identification of Risks The first step in risk analysis is to identify of all of the risks inherent in the project. The knowledge and expertise of the Sponsoring Agency are key in this aspect of the process. A risk workshop provides a structured forum for identifying the relevant project risks. The NDFA will act as facilitators for risk workshops. Attendees should include those responsible for the management of the project, individuals directly involved in the project, and other internal experts (with previous experience in the delivery, costing, operation and maintenance of a similar project). A wider workshop, attended by external experts (e.g., engineers, insurance professionals, legal advisors, risk experts, etc.), may be necessary in certain circumstances e.g., for the identification of risks inherent in novel or particularly complex projects. 2.5.3 Quantification of the Impact of Risks Once all of the specific risks associated with the project are identified, they are separately assessed in order to determine the impact/consequences, in monetary terms, for the project of the materialisation of each risk, i.e. the risks are quantified. - 22 - 2.5.4 Probability of Risks Materialising The Sponsoring Agency then considers the probability / likelihood of each individual risk materialising. Probabilities are expressed as percentages (%): if it is very probable that a risk will materialise, the risk might have a probability of, say, 95%; if it would be very unlikely that a risk will materialise it might have a probability of, say, 3%. 2.5.5 Calculating the Price of a Risk Once the impact of each risk has been quantified and an associated probability has been determined, the price of each risk can be calculated. This is done by multiplying the cost of the impact of the risk by the probability of the risk materialising, as illustrated below. Table 4: Calculating the Price of Risks Price of Risk = Impact (€) x Probability (%) For example, if the Sponsoring Agency would have to pay €300,000 to temporarily accommodate students if the opening of a school is delayed, and the probability of such a delay occurring is 5%, the Sponsoring Agency’s price for the risk of delay is: €300,000 x 5% = €15,000 2.5.6 Timing of the effect of Risks As the price of each risk is included as a cash flow in the PSB, the timing of when risks are likely to materialise must be considered. For example, construction risks impact on project costs at the early stages of the project, whereas operating risks could impact across the whole operating period. 2.5.7 Allocation of Risks Each of the risks identified and priced should be categorised into one of three categories: retained, transferable, or shared. This is done with a view to allocating responsibility for risks in the ultimate PPP deal to the party best placed to manage them. Retained risks are those risks for which the best value for money option is for the Sponsoring Agency to retain responsibility for the risk rather than pay for it to be passed to a private - 23 - sector partner. Because retained risks will be the responsibility of the Sponsoring Agency regardless of the procurement method chosen, they are not included in the tender for the PPP aspect of the project and consequently, are not included in the PSB. They are however, part of the overall cost of the project (i.e. the total cost of the PPP and non-PPP aspects) and will have an impact on the setting of the overall project budget that is agreed with the Sanctioning Authority. Transferable risks are those risks for which the private sector will be asked to tender. These risks are included in the PSB so that a like with like comparison can be made between the highest ranking bid and the PSB. In PPP projects, risk transfer is one of the key means of securing value for money. Shared risks are those risks for which responsibility is shared between the Sponsoring Agency and the private sector partner; these risks are partly-retained and partly-transferred. For example, the Sponsoring Agency may retain responsibility for 80% of a risk and transfer 20% to the private sector partner. The value for a shared risk that should be included in the PSB is the proportion that will be transferred to the private sector partner. In allocating risks, the Sponsoring Agency should work towards the optimum level of risk transfer rather than the maximum level. This is because the private sector partner will charge for each risk that it assumes responsibility for and there is a point at which risk transfer ceases to represent value for money. This is represented graphically in Figure 2 below: Figure 2: Optimum Level of Risk Transfer Value for Money Optimum level of Risk Transfer Risk Transfer - 24 - In carrying out this allocation exercise, Sponsoring Agencies should be aware that in negotiations (e.g., where it is appropriate to use Negotiated Procedure to procure the PPP project) the private parties may indicate that they will accept more or less risk than proposed and included in the PSB. With individual risk valuations to hand, the Sponsoring Agency can decide, based on value for money, whether the changes proposed by the private sector are acceptable. The PSB will have to be adjusted to reflect any change in the risk transfer from that originally proposed in the tender documentation. This issue will be dealt with in further detail in the technical note on Value for Money in the PPP Procurement Process. It is important that, in making any such adjustments, the Sponsoring Agency / Centre of Expertise, as appropriate, confirms whether the adjustments have the potential to cause a breach of the overall project budget or the Sponsoring Agency’s capital envelope allocation / target. Any potential breach must be reported to the Sanctioning Authority. 2.5.8 Risk Matrix The information gathered in the risk analysis process should be held in a project-specific risk matrix. The risk matrix should be as comprehensive and detailed as possible. In addition to being an aid to the risk analysis process, the information held in this matrix can be used to inform the negotiation process (where it is appropriate to use Negotiated Procedure) and will also provide the basis for the contractual provisions in the Project Agreement, including in particular, the Payment Mechanism. The Sponsoring Agency must formally approve the final version of the project-specific risk matrix. This approval should be finalised prior to the initiation of the tendering process. A document setting out a list of the risks identified and the allocation of these risks (as between the public and the private sector) reflected in the draft project agreement can be appended to the tender documentation issued to bidders. However, under no circumstances should the actual risk quantifications or associated probabilities be disclosed in any format. Where the Negotiated Procedure is used, the Sponsoring Agency / Centre of Expertise, as appropriate, must track any changes in risk allocation and / or changes to the contract to - 25 - ensure that the PSB and the highest ranking bid can be compared on a like with like basis – in this context, please see the final paragraph of section 2.5.7. 2.5.9 Risk Database Each Sponsoring Agency should develop and maintain a Risk Database containing aggregate details for all projects it has procured using PPP arrangements. This database should assemble, over time, details of all of the risks identified for projects, the costings and probabilities attributed to those risks and any modifications to these that may emerge. A Central Risk Database, amalgamating all other risk databases, will be maintained by the NDFA. It will be the responsibility of each Sponsoring Agency to keep the NDFA advised of changes and updates in their individual risk databases. 3. PROJECT CASH FLOWS 3.1 Overview The Sponsoring Agency should have quantified the financial costs20 associated with the project as a whole at the Detailed Appraisal stage. It should then be a relatively straightforward exercise to isolate those elements of these costings that relate to the PPP project. The timing and incidence of these financial costs, i.e., each cost, income and risk element of the PSB, should be presented in the PSB as individual cash flows. In all instances, the relevant timing is an estimate of when the cost / income / risk would affect the Sponsoring Agency, i.e. when the Sponsoring Agency would be expected to receive the income or incur the expenditure. In the Value for Money Comparison, these cash flows will be compared with the cash flows in the financial model underpinning the highest ranking bid. The cash flows in this bid will differ from those in the PSB both in quantum and timing. In order to facilitate a like with like comparison with the PSB, it is necessary to analyse cash flows in a format that will take account of differences in timing. To take full account of costs which occur at different See page 14 of the Capital Appraisal Guidelines where “financial costs” are defined as the “ongoing capital and life cycle costs relating to the operation and maintenance of the project, and receipts generated by the use of capital asset, as well as the costs involved in their creation”. 20 - 26 - points in time, the PSB is expressed in Net Present Value (NPV) terms. This can be done by using the Present Value Method; the methodology for this is set out in section 3.4 below. The NDFA will assist in the NPV calculations. 3.2. Discount Rate and Discount Factor Project cash flows are expressed as Present Values by adjusting them by the relevant discount factor. The source of the appropriate discount factor will be identified by the NDFA in line with the provisions of Central Guidance Note No. 7 Discount Rate Principles for Public Private Partnership Capital Investment Projects.21 It is essential that the Sponsoring Agency keep a constant dialogue open with the NDFA on all aspects of the discounting process. The Sponsoring Agency must ensure that the discount rate used in determining the discount factor22 has been updated no more than ten working days prior to finalisation and agreement of the PSB. 3.3 Base Date All cash flows must be discounted back to the same day or “Base Date” to ensure consistency. The Base Date to be used in the PSB is the estimated date of financial / contract close for the project. 3.4 Calculating a Discounted Cash Flow (DCF) Once the appropriate discount factor is applied to the project cash flows they are referred to as Discounted Cash Flows (DCF). The DCF should cover the entire construction and operational periods proposed in the contract. The formula for the calculation of a discounted cash flow and a simplified example of how to use it are set out in Appendix II. 3.5 Net Present Value Because all of the project cash flows will be expressed in present value terms, using the same Base Date and Discount Rate, they can all be added together. When the present values of all of the project cash flows are added together they are referred to as the Net Present Value 21 22 Available on www.ppp.gov.ie Appendix II sets out the formula that shows the interplay between the discount rate and the discount factor. - 27 - (NPV) of the project. This is a “bottom line” figure for the overall cost of the project, discounted back to the Base Date. The present value of individual annualised (or other periodic) payments is only meaningful when presented in context, i.e., as part of the calculation of the project’s Net Present Value. Presenting individual present values in isolation could be misleading and should not be done. 3.6 Treatment of Inflation in Cash Flows Cash flows must be presented in nominal (i.e. adjusted for future inflation) terms. Short term construction price inflation may vary from general price inflation. The NDFA, having consulted with the Department of Finance, will advise on the appropriate inflation rate(s) to use in each PSB. 3.7 Consistency between PSB and bids received in calculating DCFs It is important that the relevant key assumptions used in calculating DCFs are consistent as between the PSB and the private sector bids submitted. This is achieved by providing specific information regarding these assumptions to bidders, as part of the bid documentation. Bidders should be provided with details regarding the contract term (see section 7.1), the discount rate (see section 3.2) and the inflation rate(s)23 (see section 3.6) that will be used in the Value for Money Comparison. The specific assumption regarding the basis of discounting, i.e. end, start, mid year etc., and the timing of the application of the inflation rate(s) should also be provided to bidders to ensure they are consistently applied. 3.8 Methods for Analysing Cash Flows in the PSB The following methodologies are used in various contexts and at various stages in the procurement process (e.g., at tender evaluation stage). The following paragraphs only address the roles that they may play in the compilation of the PSB. 23 Only the long term inflation rate(s) should be provided to the bidders. For example, the rate used for construction inflation should not be given to the bidders. - 28 - 3.8.1 Sensitivity Analysis Sensitivity Analysis measures the impact of a change in one or more values, included in the cash flows, on the overall cost of the project. It demonstrates how sensitive the cost of the project is to changes in these values. This type of analysis should be carried out on each of the significant cost/income/risk values when the PSB has been compiled, as part of the assessment of whether or not to proceed with the procurement of the project. If a small change in a given value results in a large change in the overall cost of the project, then the project is said to be very sensitive to this value. Sensitivity analysis can also be used to identify the most significant exposure (e.g., the most sensitive values) and to prioritise those values that require further examination in terms of data collection and research. In this context, it is recommended that the ten most sensitive values in the PSB should be identified and recorded in the PSB documentation. Analysis of the sensitivities inherent in the material risks/groups of risks identified for the project is particularly important in order to give a full understanding of the risk profile and the financial effects of various changes. 3.8.2 Reasonableness Test The compilation of a PSB is a complex and relatively lengthy process and it is useful to apply a reasonableness test as a “reality check” on the assumptions and calculations used in the PSB. All costs, income and risks should be examined from time to time throughout the compilation process to assess whether they are reasonable in light of the outputs envisaged at the outset of the project. The Sponsoring Agency should avail of information on precedent projects in Ireland and internationally (where this information is available) when assessing whether costs, incomes and risks are “reasonable”. The costs can also be reviewed from different perspectives, e.g., cost per user, rate per hour, etc. and compared to market norms, if available. 3.8.3 Scenario Analysis Scenario Analysis is a tool that examines possible outcomes based on different scenarios. This type of analysis focuses on the areas of greatest uncertainty and systematically develops several plausible alternatives and determines how they would affect the project’s success. In carrying out scenario analysis, the focus moves away from past experience to future possibilities, offering a different perspective on the project. For larger projects, the major - 29 - technical, economic and political uncertainties upon which the success of a project depends should be examined. It may be useful to carry out some sensitivity analysis within pertinent scenarios. The Sponsoring Agency should consider two additional figures that will support and inform the single monetary value of the Public Sector Benchmark: (i) the cost of the project assuming a best case scenario (all of the risks going in the Sponsoring Agency’s favour) and (ii) the cost of the project assuming a worst case scenario (all of the risks going against the Sponsoring Agency). 4. ESTIMATIONS / VALUATIONS USED IN THE PSB 4.1 Estimations in the PSB Estimates of values to be included in the PSB should be based on the detailed and robust output specifications developed for the PPP project. Each value should be estimated reasonably and accurately, having regard to precedent projects, where possible. The Sponsoring Agency must seek to ensure that the values included in the PSB are neither underestimated nor overestimated; however, spurious accuracy should be avoided. The best approach for the valuation of costs, income and risks is to use empirical evidence, wherever it is available. Where such evidence is not available, common sense approximations should be used. 4.2 Hypothetical Public Sector Cost In exceptional circumstances, where there are no precedent projects (comparative or otherwise) in Ireland to inform the compilation of the PSB, the Sponsoring Agency should prepare a “hypothetical” public sector cost. The Sponsoring Agency should develop a PSB that represents its best estimate of the public sector cost of delivering the project, having regard to current market technologies or methodologies. Experience with similar projects in other countries may be a valuable source of information for this exercise. This approach should only be used when there is no alternative means of compiling a PSB. While it may not be possible to estimate all values to a high degree of certainty, it is essential that a best estimate is made in order to ensure that the PSB associated with the final output - 30 - specifications is consistent with the overall budget approved for the project by the Sanctioning Authority. 4.3 Internal consultation on valuations Individuals directly involved in the project and other internal experts with experience in procuring similar projects should be consulted when considering the valuations (including risk valuations) to be included in the PSB. 4.4 Engagement of external expert advisors As stated in the Capital Appraisal Guidelines24, “(d)epartments should try to anticipate their likely needs for consultancy services for project appraisal and planning purposes. Allowances for such services should be included in annual Departmental budgets.” When considering the overall project budget the Sponsoring Agency should assess whether it will be necessary to include the cost of engaging expert advisors to assist with aspects of the PSB. The cost of engaging such advisors should not be included in the calculation of the PSB as to do so would distort the comparison as between the PSB and the highest ranking bid. External advisors should only be engaged by the Sponsoring Agency to provide those skills that are necessary for the compilation of the PSB that are neither available internally nor provided by the NDFA. It should be noted that the NDFA has statutory authority to engage external advisors to assist it in the performance of its role and to cross-charge State Authorities for the cost of such advisors. This will be of particular relevance when the Centre of Expertise is procuring a PPP project on behalf of the Sponsoring Agency. 5. ASSUMPTIONS MADE IN COMPILING THE PSB All assumptions made regarding costings, risk elements and income projections should be clearly set out in the PSB document so that a record is kept of the reasoning behind all figures used in the PSB that can be referred to at any stage. Assumptions made should be realistic, reasonable and robust; unrealistic bases or spurious accuracy in the compilation of the PSB should be avoided. 24 Appendix 2, page 43. - 31 - Assumptions should reflect current policy regarding specifications, including any agreed improvements, e.g., larger accommodation norms recently agreed, and recent actual practice in public procurement. Sensitivity Analysis should be carried out on all significant assumptions made in the PSB. Where the value of a project is found to be sensitive to particular assumptions, the validity/robustness of these assumptions should be reviewed and the details of the sensitivity analysis should be highlighted to the Project Board – see section 3.8.1. 6. STANDARD PRESENTATION OF THE PSB DOCUMENT Each distinct material value (be it cost, income or risk) identified in the PSB should be presented as a separate cash flow item. These cash flows should be grouped into categories and, in turn, into high level costs. 6.1 Summary of high level costs A summary of the high level costs in the PSB should be presented on the front page of the discounted cash flow documentation for the PSB in the format set out in Table 5 below. All of the figures in the PSB should be VAT-inclusive and should be accompanied by details of the amount of VAT included in each figure. This table should detail each figure in both Nominal and Present Value terms. Table 5: Summary of high level costs NOMINAL €m VAT included in Nominal Value column (VAT inclusive) (A) (A) (B) Capital Cost Operating, Maintenance and Lifecycle Costs Third Party Income Risk TOTAL - 32 - NPV €m VAT included in NPV column (VAT inclusive) (C) (C) (D) 6.2 Summary of costs of each material constituent element Other summary tables which break each of these high level costs down further into their material constituent elements (categories) should be completed and appended to this front page. An example for Capital Cost is set out in Table 6. All figures included in this table should be VAT-inclusive. Table 6: Discounted Cash Flow – Summary of sample Capital Costs Total in Nominal Terms Total in NPV Terms Nominal Year 1 Nominal Year 2 Nominal Year 3 Nominal Year ….. Nominal Year 25 €m €m €m €m €m €m €m Design Costs Construction Costs Cost of Raw Materials Site Costs Furniture and Equipment TOTAL 7. OTHER KEY ASPECTS OF THE COMPILATION OF THE PSB 7.1 Term of Contract Under a PPP procurement arrangement the Sponsoring Agency seeks to procure a service for a specified length of time, e.g., 15 years, 20 years, 25 years, 30 years, etc. This length of time is referred to as the term of the contract. All PSBs should address the costs, income and risks that are expected to arise over the whole contract term. For some projects, the Sponsoring Agency may consider allowing the private sector to submit variant tenders with alternative durations, as well as that specified in the base tender documentation, but in such cases the contract notice must authorise variants and give minimum specifications. (Appropriate legal advice should be sought before considering inviting any variant tenders.) - 33 - In these cases, the Sponsoring Agency must prepare the PSB based on the specified term (25 years in the example above) and prepare information on the additional costs, income and risks related to subsequent years, e.g., the additional operating and maintenance costs for years 26 to 30. Information relating to shorter contract terms, say 20 years, will be available within the 25-year PSB, i.e. the costs, income and risks associated with years 21 – 25 could be subtracted from the 25-year PSB to derive a 20-year PSB. 7.2 Accrued Liabilities Accrued liabilities that would be incurred by the Sponsoring Agency over the term of the contract, such as pensions, should be valued and included in the PSB. Departments should avail of in-house expertise in determining the potential for and the implications of relevant accrued liabilities. The NDFA will assist in valuing these. - 34 - APPENDICES Appendix I: Role of the National Development Finance Agency in the compilation of the Public Sector Benchmark 1. Projects for which NDFA acts as financial advisor only: The advice of the NDFA must be sought on all financial, risk and insurance aspects of compiling a PSB for: (i) major PPP projects and grouped PPP projects having a capital cost in excess of the limit set by the Department of Finance (currently €20 million, but under review); or (ii) PPP projects and grouped PPP projects having a capital cost less than this limit, where the Sponsoring Agency is of the opinion that it does not have sufficient internal expertise to compile the PSB; or (iii) PPP projects and grouped PPP projects that are being procured by the Centre of Expertise on behalf of the Sponsoring Agency (section 1.5). The NDFA must always be consulted regarding the appropriate discount rate (see section 3.2) and inflation rate(s) (see section 3.6) to use in compiling each PSB (section 1.5). The NDFA will be responsible for compiling the structure and content of the financial model underpinning the PSB and for entering data into this model (section 1.6). While the NDFA will provide advice on the appropriate values to use in the model, responsibility for the actual values used remains with the Sponsoring Agency (section 1.6). In all cases, when the PSB is not wholly consistent with the advice of the NDFA, the NDFA should supply a statement to the Sanctioning Authority outlining the aspects of its advice that have not been followed and the effect this has had on the value of the PSB (section 1.9.5). The Sponsoring Agency should seek the advice of the NDFA on how to address the inclusion of the capital asset in the PPP deal in the Value for Money Comparison, having regard to the relevant policy implications (section 2.2). The NDFA must be consulted regarding all aspects of risk analysis (section 2.5.1). The NDFA will act as facilitators for risk workshops (section 2.5.2). - 35 - A Central Risk Database, amalgamating all other risk databases, will be maintained by the NDFA. It will be the responsibility of each Sponsoring Agency to keep the NDFA advised of changes and updates in their individual risk databases (section 2.5.9). The NDFA will assist in NPV calculations (section 3.1). The source of the appropriate discount factor will be identified by the NDFA in line with the provisions of Central Guidance Note No. 7 Discount Rate Principles for Public Private Partnership Capital Investment Projects (section 3.2). It is essential that the Sponsoring Agency keep a constant dialogue open with the NDFA on all aspects of the discounting process (section 3.2). The NDFA, having consulted with the Department of Finance, will advise on the appropriate inflation rate(s) to use in each PSB (section 3.6). The NDFA has statutory authority to engage external advisors to assist it in the performance of its role and to cross-charge State Authorities for the cost of such advisors (section 4.4). The NDFA will assist in valuing accrued liabilities (section 7.2). 2. Projects for which the NDFA acts as financial advisor and that the Centre of Expertise also procures on behalf of the Sponsoring Agency All of the points raised at 1 above also apply when the project is being procured by the Centre of Expertise as the NDFA will still be the Sponsoring Agency’s financial advisor. Irrespective of the capital value of the project, when the Centre of Expertise in the NDFA is procuring a project on behalf of the Sponsoring Agency, the Sponsoring agency must seek the technical assistance of the NDFA to help establish project budgets and compile the PSB on its behalf (footnote 7, section 1.5). When the Centre of Expertise is procuring a PPP project on behalf of the Sponsoring Agency, the project should not be handed over to the Centre of Expertise until the PSB has been finalised and agreed. If the exceptions regarding an approved programme of similar projects (section 1.9.3) or the timing of finalisation of the PSB (section1.9.4) apply, the PSB should be progressed as far as possible prior to handover of the project to the Centre of Expertise (section 1.9.6). - 36 - The Centre of Expertise should not make any changes to an agreed PSB without the express written permission of the Sponsoring Agency (section 1.10.2). If, in the exceptional circumstances outlined, changes to the finalised and agreed output specifications / PSB are unavoidable after the tender invitations have issued, a detailed audit trail of any such changes must be maintained by the Centre of Expertise together with a clear rationale for each change required (section 1.10.2). The Centre of Expertise should ensure (seeking legal advice, as appropriate) that it does not modify output specifications so significantly that EU procurement procedures are infringed (section 1.10.2). When the Centre of Expertise is procuring a project and the PSB has not been equalled or beaten by the highest ranking bid, the Board of the NDFA should examine why this is so. In addition to advising the Sponsoring Agency, the NDFA should report the matter to the Minister for Finance (section 1.13.2). It is important that, in making any adjustments to the risk allocation, the Centre of Expertise considers whether the adjustments have the potential to cause a breach of the overall project budget or the Sponsoring Agency’s capital envelope allocation / target. Any potential breach must be reported to the Sanctioning Authority (section 2.5.7). Where the Negotiated Procedure is used, the Centre of Expertise must track any changes in risk allocation and / or changes to the contract to ensure that the PSB and the highest ranking bid can be compared on a like with like basis (section 2.5.8). - 37 - Appendix II: Calculating a Discounted Cash Flow The formula for the calculation of a discounted cash flow and a simplified example of how to use it are set out below. Ct PV = Where: (1 + r)t PV = Present Value C= Cash flow r= Discount Rate t= Year (i.e. Year 1, Year 2, etc.) For example, assume that construction costs for a project are €100m and that 50% is paid in Year 1, 30% in Year 2 and 20% in Year 3 and the NDFA has advised that the appropriate discount rate is 5.25%. Your cash flow will look like this: Construction Costs Present Value Year 125 50,000,000 Year 2 30,000,000 Year 3 20,000,000 47,505,938 27,081,770 17,153,932 Workings: Year 1: PV = 50,000,000 C1 (1 + r)1 = (1 + 5.25%)1 = 47,505,938 The costs included for ‘Year 1’ are discounted as, at the time the PSB is being constructed, Year 1 of the project may be 12 months away and the costs included must be expressed in today’s terms, i.e., as a present value. 25 - 38 - Year 2: PV = 30,000,000 C2 (1 + r)2 = (1 + 5.25%)2 = 27,081,770 Year 3: PV = 20,000,000 C3 (1 + r)3 = (1 + 5.25%)3 = 17,153,932 The NPV of the Construction Costs in this example is €91,741,640 (which is less than the total amount of €100,000,000 which will be expended, i.e. the present value of future expenditure is less than the value of expenditure today). Appendix III sets out an example of a DCF for a sample PSB. - 39 - Appendix III: Example of a Discounted Cash Flow for a Public Sector Benchmark NPV Nominal Total €m Construction Period Operating Period Total Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 €m €m €m Indexation €m €m €m €m €m €m €m €m €m €m 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Capital Costs Building Costs 93.0 100.0 50.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Equipment / F&F 11.0 12.0 2.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 103.9 112.0 52.0 60.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Building 11.4 16.4 0.0 0.0 1.5 1.5 1.6 1.6 1.6 1.7 1.7 1.7 1.8 1.8 Equipment / F&F 13.9 20.9 0.0 0.0 1.0 1.0 1.0 1.1 6.1 1.1 1.1 1.1 1.1 6.2 25.4 37.4 0.0 0.0 2.5 2.6 2.6 2.7 7.7 2.7 2.8 2.8 2.9 8.0 76.1 109.5 0.0 0.0 10.0 10.2 10.4 10.6 10.8 11.0 11.3 11.5 11.7 12.0 7.6 10.9 0.0 0.0 1.0 1.0 1.0 1.1 1.1 1.1 1.1 1.1 1.2 1.2 FM Costs 22.8 32.8 0.0 0.0 3.0 3.1 3.1 3.2 3.2 3.3 3.4 3.4 3.5 3.6 Insurance 4.7 6.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.6 0.6 0.6 0.6 0.6 111.2 159.8 0.5 0.5 14.5 14.8 15.1 15.4 15.7 16.0 16.3 16.7 17.0 17.3 Third Party Income (3.8) (5.5) 0.0 0.0 (0.5) (0.5) (0.5) (0.5) (0.5) (0.6) (0.6) (0.6) (0.6) (0.6) Risk Valuation 29.6 38.2 6.2 7.0 2.2 2.2 2.3 2.3 3.0 2.4 2.4 2.5 2.5 3.3 Total PSB Cash flows 266.3 341.9 58.7 67.5 18.7 19.1 19.5 19.9 25.9 20.5 20.9 21.4 21.8 28.0 Discount Rate (Nominal) 5.0% 1.0 1.1 1.1 1.2 1.2 1.3 1.3 1.4 1.5 1.6 1.6 1.7 1.8 266.3 55.9 61.2 16.2 15.7 15.3 14.8 18.4 13.9 13.5 13.1 12.7 15.6 Lifecycle Costs Operating and Maintenance Costs Wages & Salaries Consumables Discount Factor Discounted Cash flows (NPV) - 40 -
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