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Capacity Building for

Sustainable Urban Transport


Planning
Training Module Contracting
in Urban Transport
Session 1 : Project Life Cycle

Structure of Presentation
Objectives of Session
Define Project
Introduce Project Life Cycle
Components of Project Life Cycle
Role of Contracting in Project Life Cycle
Introduction to Contracting

Objectives of the Session


Components of project life cycle
Understand the role of contracting in project life
cycle
Introduction to concept of Contracting
Understand Bid Process Management
Understand the importance of Contract
Monitoring

What is a Project?
A Project is a set of coordinated activities, with definite
starting and finishing points, undertaken by an individual or
organization to meet specific objectives within defined
schedule, cost, and performance parameters

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Source: BS 6079 Guide to Project Management. Elsevier

Project
Identification
Monitoring &
Evaluation

Project
Scoping

Implementation

Project Life Cycle

Contracting

Project
Planning &
Preparation

Appraisal

Project
Structuring

Public
Consultation

How do we identify a Project?


Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation
Project Structuring

Identification and prioritization of projects in conformity to


State & National Policies & Guidelines:
National Urban Transport Policy,
Jawaharlal Nehru National Urban Renewal Mission
A comprehensive vision document of a city must identify a
sustainable project:
Master plan
City development plan
Comprehensive traffic and transportation study

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

Comprehensive Mobility Plan


Project ideas may also come from:
ULBs,
Stakeholder departments
Donors or from
NGOs

Project Scoping
Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation

Project scope : Definition of what the project is


supposed to accomplish in the allocated budget (time
and money) to achieve the project objectives
A project scoping study gives the project manager the
opportunity to look at and assess the project before it
becomes formally "live".

Project Structuring

Time
Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

Budget

Project
Scope &
Quality

Resource

Project Scoping
Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation

A SMART analysis. Projects should be SMART i.e. Specific,


Measurable, Achievable, Realistic, and Time-bound.
Project scoping does not check the feasibility of the project
but establishes how it needs to be organized and managed:
what the project aims and objectives should be
what the risks, limitations, and possible difficulties are
how the project should be organized and tackled
vision of a long-term sustainability of the project
infrastructure requirements
capacity of operations and maintenance during the
project life cycle

Monitoring and
Evaluation

Project Planning & Preparation


Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation

Project formulation is a process of documenting the eligible facility,


the eligible work, and the eligible cost for projects.
Formulation allows for the consolidation of similar work items into
projects to expedite approval and funding and to facilitate project
management
Project formulation includes:

Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

Preliminary Project Report


Feasibility Analysis
Techno-Economic Analysis
Project Design and Network Analysis
Input Analysis
Financial Analysis
Cost-Benefit Analysis
Pre-Investment Analysis

Preliminary Project Report


Feasibility Report
Detailed Project Report

Project Appraisal
Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

The key criteria for an appraisal of a project are:


Relevant:
consistent with the policy and programming framework and other
ongoing and planned projects
within the institutional capacity of the project sponsor to implement
addressing key problems of the sector or stakeholders
Feasible:
Strategy is realistic and within government policy
Cost estimates are sound
Assumptions made by the project are justified
The project implementing agency has the management, coordination,
and financing arrangements to implement the project
Sustainable:
There is adequate ownership of the project by project beneficiaries
Technology is appropriate
Environmental concerns have been addressed
Financial or economic analysis is reliable (e.g. a cost-benefit analysis)

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Public Consultation
Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation

At each stage, public/ stakeholders consultation is required


to ensure the project is accepted by the end-users
Project details should be prepared through a consultative
or participatory process involving stakeholders and the
community.

Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation

Public participation should be generated with stakeholders


through the use of various methods, such as in-depth
interviews, public meetings, workshops, focus group
discussions, etc.
Consultations should also be held with vulnerable groups.

Monitoring and
Evaluation

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Project Structuring- Beginning of Contracting process


Introduction
Project
Identification
Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management

This stage of the project cycle involves structuring of the


project and securing financing for the same, either
through:
the Government budget,
or through aid donor funds,
or through private sector investors under a suitable
Public Private Partnership (PPP) format.
It is important the once a project has been approved,
discussions should be held with donors to secure their
commitments to fund the projects.

Project
Implementation
Monitoring and
Evaluation

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Project Structuring Options


Public Sector
Private Sector

Design
Finance
Construct
O&M
Ownership
EPC Trunkey

EPC
Item Rate

Service
Contract

Management
Contract

Public Ownership

Lease

Concession

BOT/
BOO

Divest

Private Ownership

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Source: Sustainable Urban Transport Planning Toolkits for Public Private Partnership in Urban Transport, 2008, Ministry of Urban Development

Issues in Project Implementation


What are the issues faced by you in your city for
implementation of any project?
Scoping
Planning
Financing
Political environment
Public consultation- consensus
Project preparation
Selection of contractor
Contract monitoring
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Contracting

What is a Contract?
Contracts, as defined by CPWD Works Manual,
2003, is when two or more persons have common
intention communicated to each other to create
some obligation between them, there is said to be
an agreement. An agreement which is enforceable
by law is a Contract.

In India, contracts are governed by the Indian


Contract Act of 1872

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Contracts as defined by ADB/World Bank

Agreement entered into between the Purchaser and the supplier,


together with the contract documents referred to therein, including
all attachments, appendices, and all documents incorporated by
reference therein

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What is a Contract?

The following are the essential ingredients of a Contract:


(a) Offer made by one person called the Promisor
(b) Acceptance of an offer made by the other person called the Promisee
(c) The act of doing, or abstaining from doing, a particular act by the promisor for
the promisee is called consideration.
(d) The offer and acceptance should relate to something that is not prohibited by law.
(e) Offer and acceptance constitute an agreement, which, when enforceable by law,
becomes a contract.
(f) In order to make a valid and binding agreement, the party entering into such an
agreement should be competent to make such an agreement.

For the purpose of an agreement, there must be a communication of intention


between the parties thereto. Hence, in the form of a contract is:
(a) Proposal
(b) Communication of the proposal
(c) Communication of acceptance of the proposal

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FIDIC Guidelines

During the past half century, the International Federation of Consulting


Engineers (FIDIC) has devoted itself to the compilation of management
documents for all kinds of projects, among which the FIDIC Conditions of
Contract are of the highest influence and are the most popular application

Handbooks

FIDIC Conditions of Contract for Construction, the (New Red Book)

FIDIC Conditions of Contract for Plant and Design/Build, the (New Yellow
Book)

FIDIC Conditions of Contract for EPC Turnkey Projects, the (Silver Book)

FIDIC Short Form of Contract, the (Green Book)

FIDIC Conditions of Contract for Design-Build-Operate Contract, the (Gold


Book)
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Legal Framework- Constitutional Provisions


Under Article 299 of the Constitution of India
All contracts made in the exercise of the executive power of the Union or
the State shall be expressed to be made by the President or by the
Governor of the State as the case may be and all such contracts and all
assurance of property made in the exercise of that power shall be
executed on behalf of the President or the Governor by such person and
in such manner as he may direct or authorize.
Neither the President nor the Governor shall be personally liable in
respect of any contract or assurance made or executed for the purpose
of this Constitution, or for the purposes of any enactment relating to the
Government of India heretofore in force nor shall any person making or
executing any such contract or assurance on behalf of any of them be
personally liable in respect thereof
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Legal Framework
Indian Contracts are governed by statutory law, which may require contracts
to be put in writing and executed with particular formalities. The Indian
Contract Act of 1872 contains the law relating to contracts
ICA deals with the general principles of contracting.
It is not the entire law relating to contracts.
If the ICA has a provision pertaining to an issue it has to be followed. ICA
is exhaustive to that extent.
If ICA is silent on a particular issue, Common Law principles can be used.
ICA also deals with certain special contracts such as guarantee,
indemnity, bailment, pledge, and agency.
Other acts governing the contracts are:
Negotiable Instruments Act 1881
The Indian and Arbitration and Conciliation Act 1996
Sale of Goods Act 1930

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Methods of Procurement
There are various methods of procurement, some of which include:
1. International Competitive Bidding
2. National Competitive Bidding
3. Limited International Competitive Bidding
4. Shopping
5. Direct Contracting
6.Procurement from Specialized Agencies
7.Procurement in Loans to Financial Intermediaries
8. Performance-based Procurement
9.Procurement under Disaster and Emergency Assistance

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Bid Process Management


Introduction
Project
Identification
Project Scoping

Bid process management is a systematic process to


identify a technically and financially sound bidder for
operation/ construction/ consultancy of a project.

Project Planning &


Preparation
Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

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Bid Process Management


EoI/ RFQ

Technical
Short-listing

Financial
Opening

Queries/
Response

Two cover bid


submission

Financial
Evaluation

Short listing

Amend bid
document

Issue of LoI

Issue of RFP

Pre bid
meeting

Negotiation
and Contract
Signing

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Project Implementation Options


Introduction
Project
Identification

Modes
Urban Rail Transit

Project Scoping
Project Planning &
Preparation
Project Appraisal

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

Primarily Government funded except in case of high density and


above ground construction where PPP maybe feasible with VGF
Bus provisioning by Central Government/State Government.

Bus Rapid Transit


System / City Bus
Service

Public
Consultation
Project Structuring

Project Implementation Options/ Contracting Strategy

MultiMulti-level Parking
Projects
Public Bicycle
Scheme
Bus
depots/Terminal
depots/Terminal
and workshops
Network
Improvement

Infrastructure provisioning by Government on a PPP basis or


development of infrastructure on a EPC
Operations and Maintenance preferably on PPP with revenue
risk with Government /private
Infrastructure provisioning by Private sector on BoT basis or
development of facility by Government on EPC basis
Operations and Maintenance preferably on PPP with revenue
risk with Government /private
Cycle stations , Cycles, Control Centre by Government
Operations and Maintenance by PPP
Land by Government
Development preferably on PPP
Existing roads up-gradation by Government
New roads/ links : Government or PPP basis

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Contract Management
Introduction

What is Contract Management?

Project
Identification

The Central aim of contract management is to obtain a product as


agreed upon in the contract and achieve value for money.

Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

Factors essential for Contract Management


Good preparation of bid document
Scope of work
Eligibility criteria
Evaluation procedure
Right Contract form
Specifications/ BoQ

Strong Project Team

Contractor bonus

Professional assistance

Liquidated damages
Time period

Good Communications

Price adjustment procedure


Variation control
Foreclosure / Termination

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Contract Monitoring and Evaluation


Introduction
Project
Identification

Contract Monitoring Framework


What to Monitor? Cost, Time, Quality

Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation
Project Structuring

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

Who will Monitor?


Frequency of Monitoring
Achievement of Project Purpose/ Objectives
Resources for Monitoring
Format for Reporting/ Monitoring

Monitorin
g

Grievance Rederesal Mechanism


Action Taken Report
Lessons Learned

Evaluatio
n
Annual
Monitoring
Report

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Annual Monitoring Report


Introduction
Project
Identification

Details of the work done during the year


Implementation problems that were addressed

Project Scoping
Project Planning &
Preparation
Project Appraisal
Public
Consultation

Project objectives that were achieved


Projects intended consequences
Targets set for the year that were achieved

Project Structuring

Bid Process
Management
Project
Implementation
Monitoring and
Evaluation

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What have we Learned?


Defining project
Introduce various components of project life cycle
Key steps for ensuring successful completion of the project
Role of Contracting in the project life cycle
Introduction to Contracting
Sharing of experiences in Project Implementation

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Questions??

Thank You!
You!

Capacity Building for


Sustainable Urban Transport
Planning
Training Module Contracting
in Urban Transport
Session 2 : Feasibility Report and
Detailed Project Report
32

Objective of the Session


The objective of this session is to introduce the participants to:
Contents of Preliminary Project Report (PPR), Feasibility Report (FR)
and Detailed Project Report (DPR)
To learn the basics of
What DPR is
How a DPR varies across Urban Transport Projects
How to Select a consultant for Conducting a DPR
How to Appraise a DPR

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Project Life Cycle PPR, FR, DPR


Step 1: Preliminary Project Report (PFS)
PFS): Defined as a preparatory study, enabling
organizations to undertake a successful feasibility study for a particular
investment opportunity. The study comprises of sector investment
options and priorities, initial scoping and costing of the identified
investment project, and designing the governance and financing
structures for implementation.
Step 2: Feasibility Report:
Report: Aims to objectively and rationally uncover the pros and
cons of the proposed project, to assess if a project is viable (based on
Physical parameters, Technical and Financial, Economic parameters).
Step 3: Detailed Project Report:
Report: DPR analyze the technical and financial aspects of
each of the project components, in detail. The report provides various
alternative approaches to a project and identifies an optimum, feasible
technical and financial solution.

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Defining Feasibility Report and DPR


PrePre-Feasibility
Report

Feasibility
Report

Detailed Project
Report

Introduction and Objective of Study

Project Need and Justification, Project Area Characteristics

Existing Situation and Anticipated Demand

Options Considered and Comparison of Feasible Options - Preliminary technical & financial
assessment

Conclusions and Recommendations- Gives a GO/No GO

Introduction and other elements same as Pre-feasibility Report

Definition, Scope and, Purpose

Technical Specifications- Scope, Features of the project, location, broad alignment

Examination of the Critical Risks and Problems of the Project

Broad estimation of Financial and Economic returns from the project

Evaluation and Conclusion- Gives Recommendations - is the project technical and financially
feasible and does it warrant a DPR to be made

Introduction and other elements same as Feasibility Report

Existing Situation - Traffic and Transportation Characteristics - Issues and Policy

Project Details - Detailed Design and drawings of Project components - Technical


Specification Detailed Project Cost and BoQ

Social and Environmental Impacts

Project Implementation Framework - Project Institutional Framework


Project Financial Structuring and Phasing - Project O&M Framework and Planning

Project Financing - Financial Viability & Sustainability Project Benefits Assessment (Social Cost-Benefit Assessment) - Risk Management
Framework

Conclusion - Detailed Design Drawing and Technical Specification ; Cost and Revenue
Estimates

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What is Feasibility Report?


A typical Feasibility Report should contain information about the
economic and institutional environment, demand forecast, available
technology, personnel requirements, scale of the project, location,
physical inputs, timing and implementation, phasing of the project
(expansion), financial planning, and environmental aspects.
Conclusion of the feasibility report shall clearly state, if the project can be
implemented and if so, that it will it meet its desired project objectives.
The objective of a feasibility report is to assess if a project is viable based
on physical, technical, financial, and economic parameters

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Contents of a Feasibility Report


Introduction
Rationale and Scope
Definition, scope and, purpose and level of detail of the feasibility study
Technical Specifications
Financial and Economic plans of a project
Social and Environmental Impacts
Examination of the critical risks and problems of the project
Evaluation and conclusion

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What is DPR?
Detailed project report is a complete document for investment
decision-making, approval, planning whereas feasibility study report is
a base document for investment decision-making. Detailed project
report is base document for planning the project and implementing the
project.
It provides a detailed technical and financial analysis of each of the
project component. The report provides various alternative approaches
to a project and identifies an optimum, feasible technical and financial
solution.

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Components of DPR
Broad Components of a DPR:


Demand Analysis: To establish the demand-supply gap for services. Involves


consultations with stakeholders.

Least cost Analysis: To identify the best and cost-effective solution; usually
economical to adopt a technology already applied elsewhere.

Structures and Civil Works: To bring out type of designs and site development
that should be followed during implementation. Quality, quantity, cost
estimates, etc. of materials required should be detailed.

Work Schedules: Consultants preparing DPR must include work-schedule for


executing work by contractor.

Implementation Plan: Consultants should prepare an implementation plan to


be followed by contractors during execution.

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Table of Contents- PPR/ FR/DPR


Group Activity

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Contents of a DPR
Project Background
Introduction - City Profile
Sector background context & broad project rationale
Project Definition, Concept and Scope
Existing Situation
Traffic and Transportation Characteristics in the City
Existing Issues and Policy
Project Details
Detailed Design of Project
Project Cost
Project Implementation Framework
Project Institutional Framework
Project Financial Structuring and Phasing
Project O&M framework and planning
Project Financing
Financial Viability & Sustainability
Project Benefits Assessment (Social Cost-Benefit Assessment)
Risk Management Framework
Conclusion

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What to do with a DPR?


The main objective of a DPR for a local agency is to identify projects that
offer solutions to pertinent development problems. This funding can be
available from Central Government Schemes e.g., JnNURM, International
Funding Organizations, e.g., JICA and Banks, e.g., WB.
DPR is helpful for local agencies in:
1. Justifying the implementation of certain projects agency may already
be aware of the solutions but a DPR details the same solution and
offers a sound basis for funding organizations to believe in the worth
of implementation.
2. Justifying Funding
3. Laying out an Implementation Plan for the Projects
4. Identifying the sources for Funding

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DPR across Projects


For Urban transport Projects, DPRs need to be prepared for the following
components:
NMT
Public Transport
Parking
Road Infrastructure
Road Safety
TOD
While the broad context of all these projects remains the same, being the
context of urban transport in India and Indian cities, the individual
components of each project will vary.

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How to select a consultant for preparing DPR?


Consultants are hired for a project under three broad areas works, goods, and
services. Generally, hiring is undertaken through the following two procedures:
1. QCBS- Quality and Cost-Based Selection
Followed through competition among qualified shortlisted firms where
selection is based on quality of proposal and cost of services
2. QBS- Quality-Based Selection
Followed for projects where QCBS is not appropriate. These include projects
that are:
Complex and highly specialized
Require innovations

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How to select a consultant for preparing DPR?


Procedures and steps for hiring consultants
Preparation of Terms of Reference (TOR)
Preparation of cost estimate and the budget
Advertising
Preparation of the shortlist of consultants
Preparation and issue of the Request for Proposal (RFP);
(i)

Letter of Invitation (LOI)

(ii) Information to Consultants (ITC)


(iii) Proposed contract
Receipt of proposals
Evaluation of technical proposals: consideration of quality
Evaluation of financial proposal
Final evaluation of quality and cost
Negotiations and award of the contract to the selected firm

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Terms of Reference (TOR) for engaging a Consultant


A precise statement of objectives
Define Scope of work
An outline of the tasks to be carried out
A schedule for completion of tasks
The support/ inputs provided by the client
The final outputs that will be required of the Consultant
Composition of Review Committee to monitor the Consultants works
Procedures for Mid-term review and Progress Reports required from
Consultant
Experience Profile of the Consultant
List of key positions - CV and experience would be evaluated

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How to appraise the DPR?


Project Appraisal is an important step for accessing grants
(financial).
The Local Agencies should make sure that the DPR should fulfill
guidelines and parameters laid out under the schemes of the
funding agencies.
The DPR appraisal criteria include the following:
Technical
Financial
Social and Environmental
Institutional

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Checklist for Appraisal of DPR JnNURM


Objectives/Project Details & Need for the project
Technical
Appraisal

Compliance with National Urban Transport Policy


Whether CDP/ CMP is prepared, appraised, and approved
Whether PPP is envisaged or not
Land Required under Project and Status of Land Acquisition.
Timelines for implementation
Whether Project technical feasibility study has conducted
surveys for explaining existing conditions
List anticipated hindrances in project implementation and
measures for solutions
Assessment of the existing user demand and forecast the same
A detailed design of physical infrastructure, bill of quantities, and
cost estimates.
An evaluation plan & a detailed list of monitoring and evaluation
indicators for the project outcomes

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General Appraisal Criteria - JnNURM

Financial &
Economic
Appraisal

Phasing and Estimated (Amount/Share) cost of the Project, O & M Cost and
Financial Sustainability
ULB/Parastatal share (financial); Funding Pattern for Capital cost and to meet
O&M expenditure
Project proposals shall present the cost-benefit analysis incorporating a life-cycle
cost analysis
Technical feasibility and selection of a least life-cycle cost should be based on
financial and economic viability parameters
For ULB/parastatal agency-sponsored projects, DSCR (incl. sinking & revolving
fund), should be at 1.
The cost- benefit analysis for individual projects of Rs.50 crores or more shall
demonstrate a positive Net Present Value (NPV) and an ERR equal to or above the
appropriate opportunity cost of capital.
For projects undertaken by Special Purpose Vehicle (SPV) on a Public-Private
Partnership (PPP):
Internal Rate of Return (IRR) greater than the cost of capital raised for the
project.
Proposal shall demonstrate financial viability based on a targeted IRR of at
least 200 basis points above cost of capital. DSCR should not be less than
1.25.
Project should provide an Economic Rate of Return (ERR) greater than the cost
of capital and the proposed minimum

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General Appraisal Criteria - JnNURM


Social and Environmental
Social &
Environment
Appraisal

Whether proper identification of environmentally and socially sensitive


areas has been carried out.
Whether Environmental Assessment Study outcomes and Social
Assessment Study clearly listed
Incorporation of suggestion on mitigation measures to minimize the
negative impacts
Whether all concerned authorities issued clearance, ed.
Environmental. NHAI and others
Institutional

Institutional

Assessment of existing required Institutional framework of the


implementation and further monitoring of project
Identification of areas for capacity building and strengthen of
institution

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Conclusions Lessons From the Discussion


Where the PPR, FR, and DPR fit into the project life cycle
What is the overall structure of a DPR?
What should form the contents of a DPR?
How to appraise a DPR?
Checklists for various components of DPR appraisal
How to select a Consultant for conducting a DPR?
What are the TOR for selecting a Consultant?

51

Questions??

52

Thank You!
You!

53

Capacity Building for


Sustainable Urban Transport
Planning
Training Module Contracting
In Urban Transport
Session 3: Project Financing and
Implementation
54

Objective of the Session


The objective of this session is to introduce the participants to :
Project Implementation Models
Project Financing Options
Key Risks in financing urban transport projects
Case Study of RRTS project

55

Investments in Urban Transport


Investment of Rs 3,88,308 crores is required in 12th Five Year Plan Working Group Report
Projects

Investments (Rs.
Rs. Crores)

Street Infrastructure

1,67,218

Public Transport

2,02,628

ITS and ATC

8,520

Parking

1,943

Institutions and Capacity Building

5,000

Innovations, R&D & Pilot projects

1,000

NMT and IPT projects

2,000

Total

3,88,308

Need for exploring alternative sources of financing for


implementing the capital intensive projects

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Exploring Financing Options!

57

Means of Finance
Cities identify urban transport projects; essential for improving urban mobility

Feasibility/ Detailed Project Report

PPP

Public Funding

Traditional Means of
Finance
At National/State Level
General budget funding
National level funding (like JnNURM)
Financial Institution/ Banks
At Local Level
Advertisement
Fare box revenue

Alternative Means
of Finance
Dedicated Urban Transport Fund
Parking, toll plaza
Congestion pricing
Cess on fuel, private vehicle
taxation/ green cess on existing
private vehicles
Property development/ TOD
Land value capture/ Betterment
charges/ Vacant land tax
Municipal bonds
Carbon Finance

Viability gap funding


upto 40% of the project
cost
Financial Institution/
Banks
Advertisement
Fare box revenue

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Other Financing Options


Financing Options

Sources of Funding

Development Finance
Institutes

India Infrastructure Finance Company (IIFC)


Infrastructure Leasing & Financial Services (IL&FS)
Infrastructure Development Finance Company (IDFC)
Industrial Finance Corporation of India (IFCI)

Commercial Banks

Nationalized Banks; e.g. SBI


Private Sector; e.g. ICICI

Long-term
Infrastructure Bonds

Industrial Finance Corporation of India (IFCI)


Life Insurance Corporation of India (LIC)
Infrastructure Development Finance Company (IDFC)
NBFC classified as an Infrastructure Finance Company by the RBI
Municipal Bonds

External Commercial
Borrowings

Term loan from overseas bank


Foreign Currency Convertible Bonds (FCCB)
Foreign Currency Exchangeable Bond (FCEB)
Non Partially convertible preference shares which would be considered as ECB

Multilateral Funding

Asian Development Bank (ADB)/ World Bank (WB)


Japan International Cooperation Agency (JICA)/ International Finance Corporation (IFC)

Private Equity

IDFC Private Equity


ICICI Venture
SREI Venture Capital
Blackstone Group
IL&FS Investment Managers Ltd

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Innovations in Financing
Indian Context

60

Project Financing Options


Mode of Transit

Implementation Options

Case Studies

Sources of Revenue

Urban Rail Transit

Primarily Government funded except in case of high


density and above ground construction where PPP
maybe feasible with VGF
Public Sector Model; Revenue Share Model; PPP
Model

Hyderabad
Metro (VGF)
Delhi Airport
Express
(Revenue Share)

Fare box revenue


Property development
Advertisements
Transit Oriented
Development

Bus Rapid Transit


System / City Bus
Service

Buses funded by Central Government/State


Government./ Financial intermediaries
Infrastructure provisioning by Government on a PPP
basis or development of infrastructure on EPC
Operations and Maintenance preferably on PPP with
revenue risk with Government /private
Permits to private buses for public carriage;
Management contract; Net Cost; Gross Cost

Indore City Bus


service
Bhopal City Bus
Service
Ahmedabad
BRTS

Fare box revenue


Property development
Advertisements
Transit Oriented
Development

Multilevel Parking
Projects

Infrastructure provisioning by Private sector on BoT


basis or development of facility by Government on
EPC basis
Operations and Maintenance preferably on PPP with
revenue risk with Government /private
On-street & Off-street Parking Concession; DBFOT

Sarojini Nagar
Market, Delhi
Ramniwas
Gardern , Jaipur

Parking Charges
Commercial
development
Advertisements

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Project Financing Options


Mode of Transit

Implementation Options

Case Studies

Sources of Revenue

Public Bicycle
Scheme

Cycle stations , Cycles, Control


Centre by Government
Operations and Maintenance by PPP

Delhi Green Bike


scheme

Rental revenue
Advertisements
(Integrated with
development of a
transit network)

Bus
depots/Terminal
depots/Terminal
and workshops

Land by Government
Development preferably on PPP

Amritsar
Ludhiana
Manali

Adda fees, etc.


Property development
Advertisements

Network
Improvement

Existing roads up-gradation by


Government
New roads/ links: Government or
PPP basis

Surat Ring Road


Urban roads in
Thiruvananthapuram

Toll tax
Advertisement

BusBus-QueueQueueShelter

Private Sector Party (PSP) develop


Bus-Q-Shelters by undertaking
Construction, Operation, &
Maintenance and Transfer (BOT) to
Government agency thereafter

Bus Q Shelters in
Delhi (DTC)

Advertisement

62

National Urban Transport Fund


A Green Surcharge of Rs. 2/lt. on petrol sold across the country- the
rationale behind the fact that petrol is consumed exclusively by the
personalized vehicles
A Green Cess on existing personalised vehicles at 3% of the annual
insured value both for car and two wheelers
Urban Transport Tax on purchase of new cars and two-wheelers at
7.5% of the total cost of the petrol vehicles and 20% in case
personalized diesel cars
12th FiveFive-Year Plan period
Total annual yield : Rs 42,199 Crore in the first year
Rs 1, 93, 542 Crore in four years
MouD is encouraging cities to use innovative financing mechanisms for
implementing capital-intensive projects

63

Initiative in Karnataka : Metro Infrastructure Fund


Government of Karnataka while sanctioning Phase II of Bangalore Metro project has
decided the following sources to be credited to Metro Infrastructure fund :
Levy of cess and surcharge under Karnataka Town and Country Planning Act at 5%
of market value of land/ building
Extend benefit of 4 FAR for all properties lying within a distance of 500 meters from
metro alignment
Levy cess of 10% for residential and 20% for commercial on the additional FAR
granted
Issue TDR in lieu of compensation for acquisition of land for Metro Rail project

Revenue from additional FAR and levy of cess on transaction : Rs 432 crores
in 5 years
Revenue from cess of 5% of the market value : Rs 1250 crores in 5 years

64

Draft of National PPP Policy - 2011


As per the Draft PPP Policy, PPP means an arrangement between a Government /
statutory entity / Government-owned entity on one side and a private sector entity
on the other, for the provision of public assets and/or public services, through
investments being made and/or management being undertaken by the private
sector entity, for a specified period of time, where there is well defined allocation of
risk between the private sector and the public entity and the private entity receives
performance linked payments that conform (or are benchmarked) to specified and
pre-determined performance standards, measurable by the public entity or its
representative.
PPP in infrastructure sectors like roads, ports, power generation has evolved and
matured over the time, and the same model is being replicated in urban
infrastructure and transportation. Delhi Metro Airport Express link, Hyderabad
Metro, and Mumbai Metro are some of the new examples of the PPP projects.

65

PPP Models
S.No.
S.No.

Format

VGF Model

Structure

Entire project cost borne by the private player.


Land is acquired by the Government and rights are granted for Property Development/TOD
to the concessionaire.
The overall share of VGF in the project cost would be capped at 40%
An SPV would be formed for the project implementation by the Government
Private sector would however bear the entire project cost
Revenue would be collected by the SPV
Payment to private on annuity basis

Annuity Model

Grant During
Operation

Private sector would bear 100% of project cost and collect the revenue as well.
Government would provide an equal amount of revenue shortfall grant every year

This model is a variation of the public sector model.


All activities other than property development continue to be undertaken by the Public
Sector SPV.
Property development business can be concessioned to a private player.
Private sector would pay upfront premium in installments during the initial years of
operation.

Property
Development by
Private Sector

66

Rail projects being implemented on a PPP format

Projects

Concessionaire

Hyderabad
Metro (VGF
Model)

L&T Metro Rail


(Hyderabad) Ltd.

Mumbai
Metro - VAG
Corridor
(VGF Model)

Mumbai Metro
One Pvt. Ltd.
Joint Venture of
Reliance Energy
Ltd and Veolia
Transport of
France

Project
cost

16378

2356

VGF
Rs.
Rs. Crore
1458
(9% Total
Project
Cost)
650
(28% of the
Total
Project
Cost)

Revenue
Share (pa)

Means of Finance
Equity

Debt

Nil

21%
(Rs.3440
crore)
crore)

70%
(Rs.11480
crore)
crore)

Nil

22%
(Rs.513 crore)

50%
(Rs.1194
crore)

67

Implementation model for road projects in Thiruvananthapuram Annuity based

68
Source: Thiruvananthapuram City Roads Improvement Project, Transport Infrastructure, PPP India, Ministry of Finance, GoI

Key Risks in project financing of Urban Transport


Before Project Construction
Land Acquisition
Permits and clearances
R &R
Financial Closure
During Construction
Unforeseen physical challenges (soil type, etc.)
Unfactored Inflation /forex rate/interest rate changes
Inadequate Design
Technology choice
Utilities shifting
Force Majeure
After Construction (Operation Stage)
Ridership/Demand
Tariff / Political
Operations and Maintenance
Force Majeure

69

Case Study of Regional Rapid


Transit System (RRTS)

70

Introduction to RRTS
Selected Corridors for Study
Delhi Gurgaon Rewari Alwar (158
Kms)
Kms) [DGRA - Project Corridor]
Delhi Ghaziabad Meerut (67 Kms)
Delhi Sonipat Panipat (89 Kms)
Estimated Capital Cost : Rs 32,141 crores
over 5 years
Estimated O&M expenses
2017 : Rs 794 crores
2021: Rs 2,376 crores
2041: Rs10,558 crores

71

RRTS - Objectives
To provide fast, safe, reliable, comfortable and rapid transport of
commuters between RNCR and NCTD
To decongest NCT Delhi by dedicated high speed rail connectivity to
Rewari, Alwar and industrial growth centers in Haryana
Collection / Dispersal of RNCR commuter traffic at major O/D points like
ISBTs, Rly stations, and metro stations
Will result in significant financial and economic benefits to the States
Will speed up the development in the RNCR region with rapid passenger
connectivity

72

Financing Options Questions


How can such capital-intensive projects be financed?
What could be additional sources of revenue other than fares?
Should capital recovery an objective for such projects?
Will the choice of financing influence the implementation models?
What are the possible implementation models?

73

Revenue Capture Instruments


Nature of Benefit

Revenue Capture Instrument


Fare Box

Direct

Advertisement
License Fees from station assets

Status of capture
Captured in terms of fare,
advertisement revenue, and license
fee from kiosks, stalls, and other
assets

Increase in business next to stations


Proximate

Real Estate development rights arising


from ToD.

Captured from property development


near stations for TOD

Rise in property value around stations

Economic development on the corridor


Less congestion for road users
Indirect

Captured from revenue from carbon


credits.

Improvement in air quality


Availability of more public space
Reduction in use of fossil fuels

Cess on Property transaction and cess


on VAT in the states also considered.

74

Tentative TOD Area


S. No.
No.

Station

Area under TOD (ha)

PANCHGAON

30

DHARUHERA

22

BTK

28

MBIR

60

REWARI

40

BAWAL

30

SNB

125

KHAIRTHAL

28

ALWAR

28

Total

391

TOD
LOCATIONS

75

Summary of Revenue
2017

Revenue sources

2021

2031

2041

2046

Revenue (Rs.
Rs. Crores)
995

1583

4090

9237

12801

62%

Advertisement

17

51

101

162

194

1%

License Fees

11

20

29

34

0%

Carbon Credit

99

133

185

1%

Revenue From TOD

794

2792

5412

36%

1911

4570

9807

9428

13029

100%

Fare Box

Total

14000
12000
10000
Net Revenue From TOD
8000

Carbon Credit
License Fees

6000

Advertisement
4000

Fare Box

2000

76

0
1

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

RRTS Project : Financial Returns in Generic terms


Particular
Outflows
Project Investments
O&M Costs
Total Outflows (A)
Inflows
Revenue
Total Inflows (B)
Net Cashflow (B-A)
Project IRR

2012

2013

2014

2015

2016

2838

6016

9565

10139

3583

2838

0
-2838

6016

0
-6016

9565

0
-9565

10139

0
-10139

2017

2021

2031

2041

2046

3583

794
794

2376
2376

5573
6879

10558
10558

5911
8303

0
-3583

1911
1911
1117

4570
4570
2195

9807
9807
2928

9428
9428
-1130

13029
13029
4726

10.55%

If the project is developed by the Government SPV, the Weighted


Average Cost of Capital (WACC) would be around 5% due to
access to soft loans from the multilaterals at low interest rates
to the Government agencies.

In this case, the project is financially viable.

WACC in case of private sector could be as high as 12%12%-15%, in


which case the project becomes unviable.

The return can reduce nominally with inclusion of Interest


During Construction (IDC) in the project cost.

Paucity of budgetary allocation and


limited multilateral finance pose a
challenge to the government in execution
of such large scale projects.

77
Under such circumstances, project structuring becomes the crucial issue for successful implementation
of the project

Financing and Implementation Models


1. Public Sector Model

PSUs

2. Public Private Partnership

3. Mix of public and private sector


models (Revenue Share Model)
78

Public Sector Model


Structure
Implemented by SPVs owned by Central / State Governments
The SPV would develop, operate, and maintain the RRTS project.
Develop and sell the commercial residential properties at RRTS
stations
Financing
Central and State Govts. - equity in the SPV
Debt - multilaterals like JICA at concessional rates
Alternative means of finance
Cess on Property Transactions in TOD area
Mass Rapid Transit fund
Issue of tax free infrastructure bonds, etc.
79

Public Sector Model


Means of Finance

Contribution

Rs. Crore

Equity- Central Govt.

15%

4900

Equity State Govts.

15%

4900

Senior Debt (Term loan from Multi Laterals 1.9% pa, 30 yrs)

45%

14678

Cess on Property Transactions

2%

728

Mass Rapid Transit Fund

5%

1633

Tax Free Bonds (Coupon -8% pa)

5%

1633

Subordinate Debt (Interest Free Loan from Central/State Govts. towards


Taxes) (10 years)

8%

2611

Subordinate Debt (Interest-Free Loan from State Govts. towards cost of


land ) (10 years)

5%

1581

100%

32664

Total

80

Revenue Share model


Govt. of India

State Govt.

(MoUD, IR and

(Delhi, Haryana,

NCPRB)
50%

MRT Fund
& Infra
Bonds
Cess on
Transactio
ns

Rajasthan)
Private Sector

50%

Share holder
Agreement

Company

Banks / FI
Concession
NCRTC

Revenue
Share

R&R

and Ops.
Company (Pvt.)

Lenders

Land Acquisition

Bridges and
Stations Bldgs.

Revenue
- Fare
- Ad
- License
- TOD

Technology

SPV

Loan Agr .

Alignment &
Formation

Lenders

EPC Contracts

(JICA /WB/
ADB)

Civil Maintenance
sub - contract

P - Way, Traction
and Power
Rolling Stock

Rolling Stock,
E&M
Maintenance
sub - contract

Signaling and
Telecom

81
Utilities

Some other Implementation Models


Models

Construction

O&M

Property Dev.

Attractiveness

SPV

Higher

Public Sector Model


Public Sector

SPV

SPV

Public Private Partnership Models


O& M by Private sector

SPV

Private

SPV

Moderate

VGF

Private

Private

Private

Limited

Annuity

Private

Private

Private

Limited

Grant During
Operations

Private

Private

Private

Limited

Only Property Dev. by


private sector

SPV

SPV

Private

Limited

Private

Moderate

Revenue Share Model


Revenue Share

SPV and Pvt.


Sector

Private

82

Lessons Learned
Understand the various options in Project financing
Know the problems and challenges in selection of appropriate options for
Project implementation
Know the various Public Private Partnership Models
Understand the advantages and limitations of PPP including various PPP
models
Understand the reason for PPPs an attractive option to governments
Know the basic structure of a PPP arrangement
Understand the latest PPP Process in India - National Public Private
Partnership Policy 2011 (Draft)

83

Questions??

84

Thank You!

85

Capacity Building for


Sustainable Urban Transport
Planning
Training Module Contracting
in Urban Transport
Session 4: Contracting options for
Urban Transport
Infrastructure
86

Objectives of the Session


The objective of this session is to introduce the participants to:
Need for PPP in urban transport infrastructure
Contracting options for urban transport infrastructure
Designing the RFP for urban transport infrastructure
Designing a contractual framework and Concession Agreement
Case Studies

87

Components of Urban Transport Infrastructure


Bus stops
Bus Stations/ Terminals
Bus Depots
Multi-level Parking
Road Infrastructure

88

Contracting Options
EPC / Cash Contract Mode: State Undertaking / SPV intend to
create / upgrade the facilities Design Parameters fixed by Administrative Department (AD)
Bids are called on BOQ / Item Rate Contract basis
Supervision with AD
Funds for development to be arranged by the AD

89

Public Private Partnerships (PPP) vs. Engineering Procurement


Construction (EPC) Contracts
EPC
Project is implemented by a public/ Government
agency. Herein, private goods/ services can be
procured by the public agency by competitive bidding
process. Though private sector wont be allowed
entailed as a revenue share stakeholder.

PPP
An arrangement between the public and private
sectors with clear agreement for delivery of public
infrastructure and/or public services, revenue and
risk sharing.
BENEFITS

NEED FOR EPC


Guaranteed Price

Speedy, Efficient and Cost-effective delivery of


Projects

Guaranteed Timeline for Completion

Higher Performance Incentives

Specified Level of Performance

Better Value of Money

Single Point of Responsibility

Competition and Greater Construction Capacity

Post-Commissioning Services

Higher Accountability

Flexibility and Certainty

Better Risk Allocation

Higher Supervision and Control

Government Support

90
Source: http://ecurrentaffairs.in/blog/special-article-on-epc-mode-vs-ppp-mode-for-national-highways/

Contracting Options
 PPP Mode:
Mode developing facilities through offering the project to Private Sector
Player (PSP), by giving it the right to earn revenues / user charges from the
project, for a defined concession period
a) Management Contract (O & M)M) Contractual arrangement for the management of a part or whole
public facility or service by the PSP.
Capital investment is typically not the primary focus in such
arrangements
Revenue retained by the AD, the PSP gets a fixed fee for O & M

91

Contracting Options
c) Lease Contracts
Asset is leased by AD to PSP
Involves building an asset, transferring it to the Govt and leasing it back
PSP delivers the service and collects user charges, intern may offer a
fixed fee to the AD
d) Build Operate Transfer (BOT
(BOT/
BOT/ BOOT) Contracts
Design frozen by the AD
The bidding Parameter can be Concession Period / Annual Concession
Fee / Upfront Premium / Revenue Share
Private partner has the responsibility for construction and operations
Ownership is with the private partner for the duration of the concession
For example, Ludhiana, Amritsar & Jalandhar Bus Stands

92

Contracting Options
e. DesignDesign-BuiltBuilt-FinanceFinance-OperateOperate-Transfer (DBFOT
(DBFOT)
DBFOT)
PSP responsible for designing, financing, construction, and operations
Bidding Parameter can be Concession Period / Annual Concession Fee /
Upfront Premium / Revenue Share
Sub-leasing rights with the PSP for the concession period
Right to Escrow the revenue for raising the Finances.
Mohali Bus Stand, Himachal Bus Stands (Una, Hamirpur, Parwanoo)
Most Preferred mode of development appropriate risks transferred to PSP

93

Deciding mode of Contracting


Need for a particular infrastructure facility
Scale of development, and Greenfield / Brownfield development
Need for PSP considering the Value for Money (VFM) analysis
Balance between viability and welfare objectives
 However, the most preferred mode of Development of Bus Terminus
Projects for State Undertakings is DBOT mode as this distributes the risk
among stakeholders.

94

Project Implementation Options


Modes

Project Implementation Options

Urban Rail Transit

Primarily Government funded except in case of high density and above ground construction
where PPP maybe feasible with VGF
Public Sector Model; Revenue Share Model; PPP Model

Bus Rapid Transit


System / City Bus
Service

Bus provisioning by Central Government/State Government.


Infrastructure provisioning by Government on a PPP basis or development of infrastructure on
a EPC
Operations and Maintenance preferably on PPP with revenue risk with Government /private
Permits to private buses for public carriage; Management contract; Net Cost; Gross Cost

MultiMulti-level Parking
Projects

Infrastructure provisioning by Private sector on BoT basis or development of facility by


Government on EPC basis
Operations and Maintenance preferably on PPP with revenue risk with Government /private
On-street & Off-street Parking Concession; DBFOT

Public Bicycle
Scheme

Cycle stations , Cycles, Control Center by Government


Operations and Maintenance by PPP

Bus depots/Terminal
depots/Terminal
and workshops

Land by Government
Development preferably on PPP

Network
Improvement

Existing roads up-gradation by Government


New roads/ links : Government or PPP basis

BusBus-QueueQueue-Shelter

Private Sector Party (PSP) develop Bus-Q-Shelters by undertaking Construction, Operation &
Maintenance and Transfer (BOT) to Government agency thereafter. The Concessionaire would
be permitted to earn revenue from advertisement; Kiosk and Toilet will have to pay
Concession Fee

95

Contracting-Urban Rail Transit System


Modes

Project Implementation Options


Public Sector Model : Implementation of the project components and the associated risks are borne by the
Government, by forming an SPV. SPV shall also be responsible for operation and maintenance, and revenue
collection from the system. e.g. Delhi Metro.
PPP Models : In case of high ridership and above ground construction where PPP may be feasible with VGF,
the project may be implemented on PPP basis. e.g. Hyderabad Metro.

Urban Rail
Transit

In a PPP model, full or partial projects are implemented by the private sector and the capital and operation
expenditure is recovered either through right to revenue streams or through annuity payments by the
Government .
Revenue Share Model : In case the system is exceedingly viable, the project can be bid out to design, build,
finance, and operate (DBFO) the system. SPV can be created with equity contribution from State/ Central
Government or private parties. This SPV would promote/implement the project as owner. Some of these
arrangements could be in the form of PPP whereby some part of the risks and revenues are shared.
Scope of the Project
Tenure of Contract
Role of the Contractor (Construction, Designing, Financing, O&M)

Salient
Features of
Contract

Role of the Government (Depending on Implementation Model)


Performance Standards
Terms of Payment
Risk Mitigation Strategies
Bidding Parameter (Monthly /Annual Subsidy/premium payments or revenue share)

96

Contracting- Bus System


Modes

Project Implementation Options


 Bus provisioning by Central Government/State Government
 Infrastructure provisioning :

Bus Rapid
Transit
System / City
Bus Service

By Government on a PPP basis, where either or both Government and private sector share
revenue risks
Development of infrastructure on a EPC contract
 Operations and Maintenance preferably on PPP with revenue risk with Government /private
 Permits to private buses for public carriage
 Management contract
 Net Cost Contract
 Gross Cost Contract
Scope of the Project
Tenure of Contract
Role of the Contractor (Construction, Designing, Financing, O&M)

Salient
Features of
Contract

Role of the Government (Depending on Implementation Model)


Performance Standards
Terms of Payment
Risk Mitigation Strategies
Bidding Parameter (Monthly /Annual Subsidy/premium payments or revenue share or on payments
per km basis)

97

Contracting- Multi-level Parking Projects


Modes

Project Implementation Options


On-Street Parking Concession: On street parking in different zones are managed by different operators. A
lump sum consideration amount for the concession (period) is taken upfront at the start of the concession
and some kind of monthly charges, from the Concessioner.

MultiMulti-level
Parking
ProjectsProjects- On
Street
Parking/ At
Grade/ MultiMultilevel Parking

Off-Street Parking Concession: The Concessionaire is selected through a bidding procedure. By defining the
minimum concession conditions in the contract, the ULB may incorporate some provisions for the
improvement of the property, as well as other related obligations
On-Street & Off-Street Parking Concession: A concession for both on- and off-street parking can be granted
simultaneously
DBFOT: The ULB provides land (which is municipal property) for the project. The private investor is responsible
for designing, organizing, financing, and constructing the required infrastructure and facilities, based on
previous studies or projects.
Infrastructure provisioning by Private sector on BoT basis or development of facility by Government
on EPC basis
Operations and Maintenance preferably on PPP with revenue risk with Government /private
Scope of the Project
Tenure of Contract
Role of the Contractor (Construction, Designing, Financing, O&M)

Salient
Features of
Contract

Role of the Government (Depending on Implementation Model)


Performance Standards/ Retrieval time
Terms of Payment
Risk Mitigation Strategies
Bidding Parameter (Maximum ECS, Premium/subsidy, Revenue sharing)

98

Contracting- Bus Depots and Terminals


Modes

Project Implementation Options


EPC: State Undertaking intends to create / upgrade facilities. Design Parameters fixed by Administrative
Department (AD). Bids are called on BOQ / Item Rate Contract basis. Funds for development to be
arranged by the AD
Design-Built-Finance-Operate-Transfer (DBFOT): Private Sector responsible for designing, financing,
construction and operations. Bidding Parameter can be Concession Period / Annual Concession Fee /
Upfront Premium / Revenue Share. Right to Escrow the revenue for raising the Finances. Eg: Mohali
Build Operate Transfer (BOT): Design frozen by the AD, the bidding Parameter can be Concession Period
/ Annual Concession Fee / Upfront Premium / Revenue Share. Private sector has the responsibility for
construction and operations and ownership during concession period. e.g. Ludhiana
Lease Contracts: Asset is leased by AD to PSP. Involves building an asset, transferring it to the Govt and
leasing it back. PSP delivers the service and collects user charges, intern may offer a fixed fee to the AD
Management Contract (O & M): Contractual arrangement for the management of a part or whole public
facility or service by the PSP. Capital investment is typically not the primary focus in such arrangements.
Revenue retained by the AD, the PSP gets a fixed fee for O & M

Bus Depots and


Terminals

Salient Features
of Contract

Scope of the Project


Tenure of Contract
Role of the Contractor (Construction, Designing, Financing, O&M)
Role of the Government (Depending on Implementation Model)
Performance Standards
Terms of Payment
Risk Mitigation Strategies
Bidding Parameter (Highest premium/ revenue sharing/ shortest concession period)

99

Need for PPP in Bus Terminals/ Depots


 Constraints faced by STUs- Lack of Basic Passenger amenities like
clean toilets, covered passenger concourse area, designated parking
lots, robust PIS etc
 Heavy O&M costs- for bus terminal buildings and related facilities
 Lack of funds for up-gradation and provisioning for modern
technologies and amenities

100

Value through PPP


 Creation of State-of-Art Infrastructure / Services for Users
 Better design / segregation / safe design
 Introduction of Best Management Practices for O & M
 Self-Sustaining through optimum utilization of valuable land and
available sources of Revenue from Bus Terminals
 Additional source of revenue for state undertakings which can be
utilized for CBS / Non-PPP able components / small depots

101

Bus Terminus Developed on PPP


No

Name of
Project

Project Area

Components

8 acre
(Rs 15 Cr2001)

 35 bus bays, 100 ideal


parking Passenger
amenities
 Limited Commercial
 Adda Fee to PSP

Manali Bus
Terminal,
Himachal
Pradesh

4 acre
(Rs 100 Cr2012)

Zirakpur Bus
Stand , Punjab

1 acre
(Rs 4 Cr)

Transit bus stand


Bus Lay bus & Parking

Ludhiana Bus
Terminal,
Punjabi

35 bus bays
30 idle paring
Local bus bays
426 MLCP
passenger concourse
STU office space

Mode of
Development

BOT Mode

Remarks
Concession Period was
bidding parameter
BOQ was fixed
Sources of Revenue were
limited.

DBFOT Mode

ACF was the bidding


parameter
Difficult terrain for work
Enormous potential for
commercial development
MLCP & New Bus Stand
was the need of the town.

(EPC/ Cash
Contract)

Scale is small
Limited Revenue Sources
Further to be Converted in
O & M contract

102

Bus Terminus Developed on PPP


No

Name of Project

Amritsar Intercity Bus


Terminal

Project
Area

8.5 acres
(21.35 Cr)

Components

Mode of
Development

1,100 normal buses


and 600 mini buses a day
80-100 buses are parked within the Terminal complex
overnight.
53 embarkation and 8 disembarkation bays
The Terminal has parking provision for 54 cars, 102
rickshaws/autos
and 1838 two-wheelers / cycles and 300 passenger
seating berths. For the convenience of passengers as
well as drivers, provision for 10
dormitories has been made.

BOT

103

Multi-level Parking developed on PPP


No

Name of Project

Project Area
250 Parking
lots at Level 2

Kolkata Car
Parking system

Market
complex with
200 shops at
Level 1
Project Cost :
Rs 36 crores

Components

The pedestrian plaza on the ground


is a bonus for the pedestrians.
Street parking is no
longer allowed on Lindsay Street,
the traffic jams have become a
thing of the past.

Mode of
Development
BOOT for a period of
20 years
Simplex
pays the KMC, 5% of
the gross annual
revenue earned from
parking for the
concession
period of twenty
years.

104

Bus Stops developed on PPP


No

Name of
Project

Bus Q
Shelters in
Delhi (DTC)

Project Area

400 Bus Q
Shelters at
various
locations in
Delhi

Components
Construction of Bus- Q- Shelters
Operation and Maintenance of Bus- QShelters
The essential services to be provided by the
Concessionaire.
Collect revenues during concession period
through advertisements and pay
Concession Fee as indicated in their
financial proposal
Transfer of Bus- Q- Shelters to DTC in sound
condition at the end of Concession Period.
Pay shifting/relocation/dismantling charges
@ Rs. 50000/- (Rs. Fifty thousand only) per
BQS to DTC in respect of existing BQS.
A uniform rate of Rs. 50000/- per existing
BQS will be paid by the concessionaire
irrespective of whether the BQS is actually
relocated/dismantled/scrapped.

Mode of
Development

BOT Basis (10


year concession
period)

105

Contracting framework for Bus


Terminal

106

Contracting Framework

107
Source: Case Study Development Oo Modern Bus Terminal at Amritsar Transport Infrastructure, Infrastructure Development
Department : Government Of Karnataka

Recommended Structure & Checks


As DBOT is the most widely followed model, wherein the design flexibility
rests with the PSP, it is recommended to keep certain checks on the
development envisaged by determining Minimum Development Obligations
While approving the design for the Bus Stand, the following components
should be made intrinsic:
S.No

Components to be Mandatorily Provided in Bus Stand

Bus Bays including the Alighting, Boarding/ Local Bays

Number to be defined

Idle / Night Parking Bays

Number to be defined

Bus Circulation Area

Area in Sqmt

Passenger Concourse Area

Area in Sqmt

Inquiry Office/ Reservation / Ticketing Counters

Number to be defined

Tourist Information Center

Area in Sqmt

108

Minimum Development Obligations


S.No

Components to be Mandatorily Provided

Clock Room / Pass Room

Area in Sqmt

Administrative Block ( to be transferred to AD )

Area in Sqmt

Rest Room for Crew Members

Number of Beds

10

Rooms for Private Operators

Area in Sqmt

11

Waiting Hall (General/ Ladies )

Seating capacity

12

BOT office

Area in Sqmt

13

Control Room / IT room

Area in Sqmt

14

Toilets

Number to be defined

15

Parking for Govt Vehicles

Number of ECS

16

Paid Parking (Two Wheelers / Car Parking )

Number of ECS

17

Open Seating Area

Number of Seats

18

Canteen / Restaurants

Area in Sqmt

19

Dormitory

Number of Beds

109

Minimum Development Obligations


S.No

Components to be Mandatorily Provided

20

Ramp for Handicapped

Slope to be defined

21

Wheel Chairs

Number to be defined

22

Trolleys for luggage

Number to be defined

23

Rooms for Private Operators

Area in Sqmt

24

Police Security Check Post

Area in Sqmt

25

Post Office/ ATM/ First Aid Center

Area in Sqmt

26

Dustbins

Number per bay

27

Display Boards

Number to be defined

28

Digital Clock

As per number of bays

29

Yard Control Area

Area in Sqmt

30

Allowed Commercial within Passenger


Concourse

Percentage of concourse area

110

Minimum Development Obligations


S.No

Components to be Mandatorily Provided in Workshop

Office of General Manager

Area in Sqmt

Cash Branch Office

Number to be defined

Office Space for Support Staff

Number to be defined

Rest room for drivers & support Staff

Area in Sqmt

Dormitory

Number of Beds

Space for Diesel Fueling Station

Area in Sqmt

Automatic Washing provision / Greasing dugs

Number per bay

Water Storage Capacity

Number to be defined

Workshop Shed

Size in sqmt

10

Store room with shelf/ Tool Room

Area in Sqmt

11

Generator Rooms and control room

Area in Sqmt

12

Basis Amenities like toilets/ Canteen / pooja room

Area in Sqmt

111

Lessons Learned

112

Lessons Learned
Some of the lessons / shortfalls experienced in the bid out bus stand
projects on DBOT/ DBFOT mode have been categorized as related to:
A.

Project Structure

B.

Concession Agreement

C.

Design Approval

113

Lessons Learned
A.

contd. 2

Project Structuring Related :

i.

Site Clearance: AD should clearly demarcate the site before bidding


indicating clear ownership / titles for site.

ii.

Right to Sublease: In most cases, land for use of bus stands is


transferred from State Govt. to transport undertakings; however, it is
observed that right to sublease the site for any other use is missing
in the said agreements, which becomes an obstacle during its
bidding on PPP.

114

Lessons Learned
iii.

contd. 3

Traffic Surveys :


Traffic assessment for government / private buses

Accurate peak hour traffic assessment and projections

Distribution of long route/short route buses and local city buses

Parking assessment (onsite / offsite) to be made part of traffic


surveys for assessing the requirement of parking space for buses
as well as for commuters vehicles.

115

Lessons Learned
iv.

contd. 4

Zoning for the project:

Zoning should bring out FAR, Ground Coverage, Frontage for


Commercial use and setbacks

Ground coverage for the bus stand project should be ideally be not
more than 40%

In case of Bus Terminals with Workshops, area and location of


workshop should be clearly defined

Limit / Define the extent of allowable frontage for commercial complex


/ activities in the Project

116

Lessons Learned

contd. 5

Value for Money (VFM) Analysis:

iv.

Often it is observed that the State Undertakings benchmark the


financial bid against a notional value of their asset (land) offered for
the Project and bids are rejected on these grounds

VFM analysis for the Project should determine the range of viable
bids which should further be internally approved by the
Concessioning Authority and considered while deciding / negotiating
the financial bids

117

Lessons Learned
B.

contd. 6

Concession Agreement Related:


i.

Minimum Development Obligations

Bays required, Idle Bays required, Passenger concourse area, etc.


should be defined upfront

Maximum commercial space allowed in the Project should be


defined

Allowed Optional components should defined

This will give clarity to the Independent Engineer and Design


Approval Committee for setting the parameters for evaluating
the design
118

Lessons Learned
ii.

contd. 7

Bid Parameter:
For Bus Stands projects where viability depends on commercial

components, Annual Concession Fee should be a preferred mode in


comparison to Up-front premiums
Higher returns in terms of NPV
iii.

Concession Period:
Should be determined by keeping in view the following:

Scale of Development Envisaged

Location of the Project

Allowed Commercial Area in the Project

In longer concessions, the PSP tends to take major chunk of return in

terms of upfront deposits


119

Lessons Learned

contd. 8

Minimum Lease Rentals (MLR)

iv.

Average commercial rentals in bus stands ranges between


Rs 30-60 per sq ft

Provisions for minimum lease rentals should be there in the


RFP

In absence of minimum lease rentals, PSP shall have the option


to recover the investment through upfront deposits. This will
create risk for the Govt. in case if need for substitution arises in
the project

MLR can be defined as =


Annual Concession Fee / Allowable built-up area
120

Lessons Learned

contd. 9

Fee Structures:

v.

Adda Fee and Night Parking fees should be approved by the


concerned government department before bidding on the project.
Pricing of Adda fee should be based on the category of buses

e.g. in case of Himachal where short distance private buses constitute


more than 70 % of the total trips, one-time adda fee of Rs 100 is
charged for 24 hours.

In Punjab, where private route permits are greater in percentage


terms, a Rs 40-60 per entry is charged, with no fee from the Transport
undertakings buses.

CBS operations should come under one-time fee structure.


121

Lessons Learned
vi.

contd. 10

Eligibility Criteria:
Criteria:
In addition to the guidelines given in MCA, certain criteria have
been found to increase the participation in the bidding process.
These are:

High Net worth Criteria Large Scale Projects

Sole Proprietorship Firms Small Projects

122

Lessons Learned

contd. 11

Design Approval related

C.

The members of the Design Approval Committee shall be well


versed with the rationale of PPP Projects.

The members of the Design Approval Committee should also be


part of the committee that approved the project before bidding.

Undue questioning of the Concessionaire in design-related


matters where other conditions of the RFP are satisfied by him
shall be avoided.

123

Contracting options for urban


roads

124

Contracting options for urban roads


Engineering Procurement &
Construction Contracts
Urban road projects are implemented
on EPC mode, when the project is not
viable on PPP basis. This mode is
different from the conventional item
rate contracts wherein the Government
provided the detailed design along with
the Bill of Quantities.

BOT Model
Under the BOT contract, the private
party will be responsible for
designing, engineering, financing,
procuring and constructing the road
during the construction period.
During the operation period, it will
be responsible for managing
operation and maintenance of the
project road until the end of the
concession period.

125

Incentives for private sector participation in the road sector


in India
Government bears expenses for land acquisition and pre-construction
activities;
Foreign direct investment up to 100 percent;
Capital subsidy up to 40 percent to meet the viability of a project;
Government equity up to 30 percent;
100 percent tax exemption in any consecutive 10 years;
Duty-free import of road construction equipment;
Bond exempted from capital gains tax;
Tax benefits for property development activities;
Transparent and well-defined procurement procedure;
Equitable dispute resolution mechanism.

126

PPP in Urban Road - Thiruvananthapuram City Roads


Improvement Project
The project was attempted as a life cycle approach to road
improvement, making the Concessionaire responsible for long-term
maintenance of the roads.
The project envisaged expanding, strengthening, and upgrading some
of the arterial roads of the city, keeping in mind the likely growth in
traffic over the next decade and was structured on an annuity (semiannual) basis, since tolling within the city was not feasible.
The Detailed Project Report (DPR), technical designs, drawings and
estimation of costs were prepared by the Concessioning Authority.

127

PPP in Urban Road - Thiruvananthapuram City Roads


Improvement Project
The following are the project risks and their allocation between the
Concessioning Authority and Concessionaire:
Construction Risk: overruns due to contractor default, was borne by the
operator. Overruns due to delays in handover by PWD, Kerala were
borne by PWD, Kerala. Accepting/modifying designs borne by the
Concessionaire
Investment Risk: Investment risks in the project were mitigated through
a fixed annuity payment structure, assuring regular returns to the
Concessionaire.

128

PPP in Urban Road - Thiruvananthapuram City Roads


Improvement Project
Performance Risk: Borne by the operator through mechanisms for
penalties for non-compliance with contractual commitments such as
Assured Availability and project timelines and through a performance
guarantee.
Policy Risk: The Concessioning Authority bore all responsibility for changes
in policy regime or scope of the project and all related remuneration
thereof.

129

PPP in Urban Road - Thiruvananthapuram City Roads


Improvement Project

130
Source: Thiruvananthapuram City Roads Improvement Project, Transport Infrastructure, PPP India, Ministry of Finance, GoI

PPP in Urban Road - Thiruvananthapuram City Roads


Improvement Project
Lessons
Dedicated funding mechanism, such as the Road Fund created in
Kerala for the TCRIP project, to increase the comfort level of the private
sector for participating in such projects.
Importance of structuring operator remuneration in a way that
monitoring is in-built into the mechanism and quality services
Timely provision of land remains one of the key requirements . Failure of
the in that may result in extra financial liabilities for the Authority,
resulting in wastage of public money.

131

Contracting options for Bike


Sharing Schemes

132

Public Bike Sharing


For implementation of Bike Sharing Scheme in Indian cities, MoUD
has prepared a model concession agreement on Public Bicycle
Scheme on Built Operate and Transfer Basis (BOT) format
As per this concession agreement, Public Bicycle Scheme shall be
developed on Public Private Partnership (PPP) format on Design,
Build, Finance, Operate, and Transfer (DBFOT) basis.
However, the implementation structure could vary on a project by
project basis.

133

Questions??
Questions??

134

Thank You!
You!

135

Capacity Building for


Sustainable Urban Transport
Planning
Training Module Contracting
Session 5: Contracting options
for Public Transport
Infrastructure

Objectives of the Session


The objective of this session is to introduce the participants to the
following aspects of Contracting in Public Transport (Bus and Rail
sector):
Types of contracts
Pros and Cons of Contracts
Selection of an appropriate model
Appraisal of contracts
Fate, Issues, and problems with recent PPP attempts

137

A Cycle of Privatization in Passenger Transport

RTC Act, 1950


Before 1950

1950-1980

Private Sector

Public Sector

1980 onwards

Public Private Partnership


2005 onwards

138

Private Sector in Urban Road Transport: Evolution and


Growth

7th Five yr. Plan (1985-90)- Exclusive focus on urban transport

Delinking of urban services from rural/inter city services of STUs

Urban services an unviable proposition

Loss making STUs keep showing interest in rural/inter city services

Options for involvement of Private sector were explored

139

Early attempts at privatization in city bus services: Delhi


Gross Cost
Cluster Scheme launched in
2009 on Gross Cost model.
 The Blueline Era: Small-scale private
operators given permits for operation
 Unfair practices, unregulated operations.
 Scheme ended in 2009.

Net Cost

 Kilometer Scheme relaunched in 1979


with higher acceptable Hire Charges.
 Continued successfully until agitation by
DTC workers against collection of fare in
private buses
 Eventually converted to Charge n Retain
Net Cost Model.
 Got phased out owing to increase in input
costs and infrequent fare revision.

Gross Cost

 Conceived and launched in


1964 as Kilometerage
Scheme
 Hire Charges not acceptable
to Private Operators
 Scheme failed.

Net Cost

 AOCC Scheme launched


after failure of Kilometerage
Scheme
 Overlap of routes with DTC led
to unfair practices on roads
 Scheme called off in 1976.

140

The case for Public-Private-Partnership: Recent trends

Policy thrust towards PPP in city bus operations in 2005

National Urban Transport Policy, 2006

Bus-funding scheme & Jawaharlal Nehru National Urban Renewal


Mission (JnNURM)

61 cities, 27 Special Purpose Vehicles (SPVs)

141

City Bus Operations through PPP: recent attempts


Basic philosophy behind PPP: Distributing to each the functions they
are best capable of performing
Began with Indore Model
Private Domain

Public Domain
Planning

Infrastructure
Development

Operation

City Bus Operations

142
Monitoring

Regulation

Types of Contracts
Less Regulation

Public Monopoly
Gross Cost Contract

Service Contract

Net Cost Contract

(Most commonly used in Urban


Bus Transport)

Less Public Funding

Competition for the Market

Franchises
Concessions
Quantity Licenses
Quality Licenses

Open Market

ParaPara-Transit
Competition in the Market

143

Type of contract
Service Contracts
Cost Plus
Gross Cost

Net Cost

Area Based

Route Based

Route Based

Kilometerage
Cost

Minimum
Cost

Cost per
Passenger

Operator states the unit


costs of the service
(cost per km, per hour or
per vehicle day)

Operator states the


whole cost of
operating the
contract

Operators are
repaid based on the
cost per passenger
e.g. Santiago (Chile)

e.g. Helsinki (Finland)


e.g. Gothenburg
(Sweden)
AMTS
JANMARG
SITILINK
BOGOTA
Delhi -cluster

e.g. London
(before 1993)

Area Based

Min. Subsidy/
Max. Premium
Operators states minimum
subsidy required or maximum
premium offered to the
authority
e.g. London
(after 1993)
Surat, Rajkot, Indore,
Vadodara, Jodhpur, Delhi-Blue
Line, Delhi Metro Feeder,
Bhopal

144

Cost plus Contracts


The public authority reimburses operating costs plus a management
fee
The fares are collected by the public authority
The operator does not bear either cost or demand risk

145

Cost plus Contracts Pros and Cons


Pros

Cons

Contracting is simple

No incentive for operator to reduce costs,


increase patronage or improve efficiency

Flexibility in change in services

Difficult for SPV to monitor costs


Revenue collection with SPV

146

Suitability of the Arrangement Gross Cost Contract


Authority has the resources to mange the revenue collection activity
effectively
Avoid on-street competition for passengers
Wants to establish a sustainable procedure to constantly test the
market (flexibility in changing the route, schedule, fleet size)
Facilitate integration between modes
Provide free or discounted interchange between all routes in all areas
Avoid discrimination against concession fare passengers
Greater compatibility with complex subsidy mechanism
Avoid the need to apportion off bus revenues between operators
147

Gross Cost Pros and Cons


Pros

Cons

Easy bid process and contract


management

Risk of revenue leakage borne by public


entity

Flexibility in changing schedules


based on needs

No incentive for high ridership

Flexibility in changing fares

Need effective monitoring

Flexibility in changing in services

Financial commitments of public


authority can be high

Limited potential for disputes

Higher cost of staffing, monitoring


operation & revenues

Better integration between


modes/services
Avoid discrimination against
concession fare passengers

148

Gross Cost with Incentives


Quality Incentives
Typically gross cost contracts with significant bonuses or penalties
linked to service targets
Revenue Incentives
Typically gross cost contracts with incentives linked to revenue
targets

149

Suitability of the Arrangement Net Cost Contract


The demand for the bus service is established in an accurate and credible
manner
The transport authority does not have the inclination and/ or the resources to
mange the revenue collection activity
The transport authority intends to transfer the demand risk to private sector and
the private sector has the appetite to take and manage the risk
The authority wishes to give the operator an incentive to increase revenue and
ridership
The authority is comfortable on giving the operator some flexibility to amend
routes and schedule to make the network as attractive as possible
Not possible in the environment of unregulated externalities and regulated fare
Not suitable in unregulated IPT market

150

Net Cost Pros and Cons


Pros

Cons

Risk of revenue leakage borne by


operator

Risk of passenger capture techniques being


adopted

Effective incentive for high ridership

Need to specify fares and other details


upfront

Financial commitments of public


entity are low

Complex tendering and contracting process


Difficult to make changes (route, schedule,
fleet size) during contract period
Potential for disputes high

151

Contract documents Gross Cost


Duration
Fare revision
Cost revision
Provision of infrastructure

152

Contract documents Net Cost


Duration
Fare revision
Cost revision
Provision of infrastructure
Change in routes
Change in service plan

153

Selection of appropriate model


Selection of contracting model depend on various factors:
Capacity (financial as well as human resource) of public authority
Risk appetite of private operators
Legal and regulatory framework
Competition from informal and IPT sectors
In Indian context, gross cost contract with quality incentives most
appropriate

154

Fundamental of Operations Contract

Duration of services, scope of services


(including operating schedule, time schedules, routes)

Compliance with all laws, standards and requirements

Performance standards

Reporting obligations

Penalties and incentives

Financing and provision of additional services

Provision of infrastructure facilities

Sharing of non fare box revenues

Cost and fare revision mechanism

155

Quality Indicators
Possible quality indicators
Fleet utilization
Vehicle utilization
Up-keeping of the bus
Adherence to schedule, punctuality
Crew behavior, driving practices
Customer information
Customer service
Equipment, special services
Rate of accidents

156

Case Study - Bhopal


SPV contracts and monitors
Hand holding support by UMTC
Buses procured by SPV (funded under JnNURM) and contracted to
private operator on net cost basis
No subsidy from SPV
Exclusivity provided on routes initially but not enforced
Automatic fare revision formula but not implemented
Issues with expansion of service
System sustainability: marginal profit
157

Case Study Ahmedabad, BRTS


SPV contracts and monitors
Buses procured by operator and operating on gross cost +
incentives basis
Minimum guaranteed kms committed by SPV
SPV has financial as well as manpower support from MC
Fare revision linked to change in fuel price & WPI, periodic revision
on 1st April of every year
Cost/km revision wrt change in fuel & WPI
Incentives/penalties linked with pre-defined performance
parameters
Change in schedule, fleet size at the discretion of SPV
System sustainability: breaking even

158

Case Study Ahmedabad, BRTS


PPP Responsibility Matrix for BRTS Components
Construction
/Supply

No

Component

Operation

Construction of
Stations / Corridor
/ Fly overs

Fixed Time/ Fixed


Rate Contract

Buses

Buses hired for 7


years from Operator

Bus Operator

Fare Collection and


IT Systems

Service Provider

Service Provider through annuity. Oversight by Janmarg

Sky Walks

Parking

Management
PMC.
Janmarg/
Operator

Maintenance
Presently
under Defect
Liability Period
Bus Operator

Concessionaire under oversight by Janmarg


Parking constructed
as part of corridor

Pay and Park


Operator

Operator overseen
by Janmarg

Pay and Park


Operator

Hardware elements
like Sliding
doors/turnstiles

Supplier

Janmarg /
Service
Provider

Janmarg / Service
Provider

Supplier
through AMC

Advertisement
Rights

Licensee

Licensee

Janmarg

Licensee

House Keeping

Janmarg

Service
Provider

Landscaping

Janmarg

Licensee

Licensee

159

Case Study Ahmedabad, BRTS


Intelligent Transit Management System (ITMS) - Integrated Overview

160
Source : Janmarg, Ahmedabad

Case Study Ahmedabad, BRTS


Intelligent Transit Management System (ITMS) - Conceptual Overview of
AJL ITMS

161

Case Study Ahmedabad, BRTS


ITMS Contract
 Scope of the Service Provider
 Integrated contract comprising the installation, commissioning, operations
and maintenance of the following
 Passenger Information System (PIS )
 Automatic Fare Collection System (AVLS)
 Automatic Vehicle Operating system (AFCS)
 Financial Management System (FMS)
 Decision Support Systems (DSS)
 Fare Collection at the Bus Stations
 Operations of the Central Control room including
 Fleet and System Monitoring
 MIS and Reporting
 Integration with Depot Operations
 Provision of
 Maintenance of A Disaster Recovery Center

162

Case Study Ahmedabad, BRTS


ITMS Contract
 Contract Design
 Purchase of Hardware and Software on outright purchase basis
 Monthly payments for Operations and Maintenance of Hardware and
Software (payment per bus, bus station and for CCC)
 Monthly payments for Fare Collection Operations at Bus Stations and
other Manpower needs for CCC
 Monthly contracts for 72 months
 Challenges in terms of deciding whether to adopt BOT method
 The first bid issued followed a mix of Supply cum Maintenance on BOT.
 Second bid issued follows a pure Supply and Maintenance removing BOT
part
 Qualification of Bidders
 Technical Experience in AFCS, PIS or AVLS for Lead Member
 Presence in Information Technology Industry
 Criteria for Size (Financial Turnover),

163

Case Study - Jaipur


SPV contracts and monitors
Buses procured by SPV (funded by JnNURM) and operated by RSRTC
on reimbursement of cost basis
Fare collected by conductors of SPV
SPV has no resources for monitoring
No Fare revision mechanism
Performance parameters- not defined
System sustainability: in loss

164

Case Study Mira Bhayandar


SPV (MBMC) contract & monitor
Financing of buses by private operator
Royalty offered- Rs 1/km (Rs 180/bus/day) for 10 year
Revenue to SPV (FY 11-12)- Rs 3.6 million
Increase in royalty linked with increase in fare
Fare revision mechanism- not defined
Infrastructure for maintenance- by operator
Performance parameters-defined

165

Recent Attempts in PPP: Issues


Change in the routes by the
operators from the original routes

Over crowding of passengers in


peak hours

NonNon-adherence to the schedule &


routes

Low level of participation during


bidding

Original routes found unviable

Underestimation of fleet size

Lack of effective monitoring

High risk anticipation

Lack of confidence among the


commuters

Operators only for viable routes,


Monopoly in service

Lack of infrastructure

Image of the system affected


Life of buses goes down

Necessity not appreciated

Lack of ownership of the overall


system

To prevent situation of STUs


Skeleton Staffing in the SPV

Adverse for the image of public


transport

No mechanism for increasing the fleet size

Poorly maintained buses

Absence of dedicated top level


management

No service on unviable routes

NonNon-delivery of regulatory functions

166

Absence of Fare Policy

Private sector doesnt show much


interest

Absence of Fare
policy

Private operator quotes low license


fee

Unwarranted practices post


inception of operations

167

Absence of Robust Institutions


Officers having additional responsibilities with
short tenure short vision
Skelton structure of SPVs (2-3 employees with
no job commitment)- ownership
Absence of
Robust Inst.

Not efficient to deliver the functionsmonitoring


Allocation of resources (land, right of adv.)maintenance & sustenance
Minimal paid up capital- no financial
independence

168

Inadequate Operation Planning

Routes changed after inception


of operations

Inadequate

Operation on only profitable

operations

routes

planning

Only viable routes bid out

169

Food for Thought.for Sustainable PPP

Before Contracting
Identification
Identification of viable/unviable
routes and formation of clusters
Have
Have a business plan ready
(expenditure vs revenue~
affordability ~type of bus)
Identification
Identification of suitable PPP
model depending on
route/cluster viability
Provision
Provision of depot land &
infrastructure for maintenance
Exclusive
Exclusive administrator in SPV
with no additional charge and
longer tenure
Minimum
Minimum staffing in SPV for
monitoring and regulation

During Contracting
Fare
Fare revision & its
implementation mechanism
in place
Compensation
Compensation against
concessions
Concession
Concession period design
life of the bus
Include
Include all components of
cost inputs while revising the
cost/km (Gross cost)
Provision
Provision of Initial Moratorium
period (4(4-6 months)months)- Net cost
Link
Link incentives/penalties with
Service quality parameters

After Contracting /during


operation
Frequent
Frequent monitoring of
patronage for dynamic
route/schedule planning
Penal
Penal action (or provision) for
freebees or defaulters
Facilitate
Facilitate coordination with
other departments i.e. traffic
police, RTO
Safeguard
Safeguard patronage through
rationalization or regulating IPT
SPV
SPV should play a role of a
facilitator rather than a
regulator

170

PPP in Urban Rail

1. Government-owned/DMRC Model
2. BOT/PPP Model
3. Hybrid Model

172

Government-Owned model
State Govt.

Multilateral
Funding
Agency

GOI

50% Equity each

Loan

SPV

To design, finance, implement, operate & maintained the system

173

Pros & Cons: Government Model


PROS

CONS

Established Model in the country

Large budgetary outlays required by both


government

Various administrative mechanisms for monitoring &


approvals are in place

Recurring annual financial burden for o & m

Presence of central government in the SPV helps in


transferring experience from other metro systems

Limited possibilities for pvt. sector efficiencies

Being Government project, political risk mitigated

Sovereign guarantee for debt may be needed

Flexibility in deciding the fare with Government

Government capacities at state level to manage


such large scale construction & operations limited
State/Central govt. would need to waive taxes &
duties
Resources for o & m of the project

174

Examples: Govt.-owned Models


Delhi Metro
Bangalore Metro
Kolkata Metro

Equity of GOI &


State Govt.

Chennai Metro
Jaipur Metro
Mumbai Monorail

State Govt. Owned

175

PPP/BOT Model

Concessioning Authority

Grant/VGF

Concession
Agreement

Concessionaire ( A 100% Pvt. SPV)

To design, finance, implement, operate & maintained the


system

Transfer at the
end of
Concession
Period

176

Pros & Cons: PPP/BOT Model


PROS

CONS

Private Sector capacity harnessed by


transferring the responsibilities for Return below market expectations could lead to
Design, Finance, Construction, and poor response from PSP
O&M
Greater acceptability at Govt. Level

Ridership assessment linked with development


phases-delay/failure, which may trouble the
project
Large scale subsidy/VGF is called for, and
securing could be cumbersome
Packaging Real Estate components exposes
Project to vagaries of the real estate market
risks
No control of Govt. on fare

177

Hyderabad Metro
Concessionaire : L&T
Cumulative Length: 71.16 km
Project Cost: Rs 12132 Cr.
Govt. Grant: Rs 1458 Cr.
Concession Period: 35 years (with extension for 25 years)
Govt. owns Golden Share in SPV- one representative on Board with affirmative powers
Real Estate Development at:
3 Depots : Total cumulative area- 11.61 Lakhs sqm.
25 Stations: Total cumulative area- 5.57 Lakhs sqm.
Automatic Annual Fare Revision linked with WPI
Revenue Share with Govt: (Ceiling 10%)
Period

Revenue Share (% of realized


revenuerevenue-net of any tax)

1st to 21st year

0.5%

22nd to 23rd year

1%

23rd onward

1.5%

178

Modalities of Implementation of Gurgaon Metro


Shareholders in Concessionaire Company:
IL&FS Rail- 48%
ITNL- 26%
DLF- 26%
Based on DBFO model
Total Concession Period: 99 years
Schedule and fare integrated with DMRC

The image part with relationship ID rId3 was not found in the file.

179

Hybrid Model
Concessioning Authority
To construct part of the
system comprising civil
works or pay in cash to
the concessionaire
against construction of
the system to this extent

Concession
Agreement

Transfer at the
end of
Concession
Period

Concessionaire ( A 100% Pvt. SPV)

To finance the part of the system, implement, operate &


maintain the system

180

Pros & Cons: Revenue Sharing


PROS
Improved Financial viability

CONS
Part investment is still required by the
Government

O&M and part investment kept with the Interfacing risk-part developed by Govt.,
PSP-thereby harnessing their efficiency in same needs to be done in a time-bound
these areas
manner
Operational Risk transfers to PSP
Political risk largely mitigated due to
significant government involvement

181

Questions??
Questions??

Thank You!
You!

Capacity Building for


Sustainable Urban Transport
Planning
Training Module Contracting
in Urban Transport
Session 6: Procurement and
Contract
Management
184

Objective of the Session


The objective of the session is to make the participant aware of following
aspects of procurement
Procurement strategies
Type of Contracts
Method of Selection
E-Procurement
Model Contracts
Bid process management
Evaluation criteria
Risk assessment and Mitigation
Contract Management
Monitoring and Evaluation of contract

185

Procurement
As per the Procurement Bill 2012 of Indian Government, procurement or
public procurement means the acquisition of works, goods or services by
a procuring entity, and includes all stages of the process of acquisition, by
purchase, lease, license or otherwise, of works, goods or services,
beginning with the process for determining the need for such acquisition
and ending with completion and expiry of the procurement contract or
framework agreement, but does not include any acquisition without
consideration, and procure or aprocured shall be construed
accordingly.

186

Procurement
As per the Procurement Bill 2012:
Bill apply to Ministry or Department of the central Government, any Central
Public Sector Undertaking (50%), or authority or society or trust or
autonomous body (by whatever name called) established or constituted
under an Act of Parliament or a body owned or controlled by the Central
Government.
Bill shall not apply to procurements, which are less than INR 50 lakhs,
emergency procurements made for disaster management, and
procurement for the purpose of national security.

States Government should follow their own acts and regulations for procurement of good and
services

187

When do you start thinking about procurement?

188
Source: CRISIL Risk and Infrastructure Solutions Limited.

What should you achieve with procurement?


Process promotes healthy competition, not speculation
Award is controversy-free, publicly defendable, and transparent
Process assures level playing field and attracts available competition

189

Type of Contracts

190

Types of Contracts
Firm fixedfixed-price (Lump Sum) contracts
Price is not subject to any adjustment based on Contractors cost
experience
Maximum risk and full responsibility on the Contractor
Maximum incentive for the contractor to control costs
Highly suitable for works and services where
Adequate price competition exists
Reasonable price comparisons are available
FixedFixed-unitunit-price contracts
Contract provides for upward or downward revision of the contract price
based upon actual quantities of work performed
Procurer needs to provide adequate field force to verify actual quantities of
work performed
Highly suitable where quantities cannot be determined with reasonable
accuracy prior to actual work

191

Types of Contracts
Combined firmfirm-fixed/unitfixed/unit-price
This is a variation on a lump sump contract where a unit-rate price is offered
for some of the items for which quantities cannot be determined in advance
with reasonable accuracy
FixedFixed-price with price adjustment
Contract provides for the upward or downward revision of the contract price
upon the occurrence of certain contingencies that are beyond the control of
the contractor and are specifically defined in the contract
Use of this type of contract is appropriate when serious doubt exists as to the
stability of the market or labor conditions that will exist during an extended
period of contract performance.
It may also be appropriate when contingencies that would otherwise be
included in the contract price can be identified and covered separately by a
price adjustment provision.

192

Types of Contracts
TimeTime-andand-materials contracts
Contract provides for the procurement of goods and services on
the basis of direct labor hours at specified hourly rates and
materials at cost including, when appropriate, material handling
charges.
The charge for direct labor at specified fixed hourly rates
includes wages, overhead, general, and administrative expenses,
and profit.
It is used when it is not possible at the time of placing the
contract to estimate the extent or duration of the work or to
anticipate costs with any substantial accuracy.

193

Types of Contracts
CostCost-reimbursement contracts
This generic category of contracts provides for payment to the
contractor of allocable and allowable costs and a fee (profit).
Cost-reimbursement type contracts are suitable for use when the
nature and complexity of the procurement are such that the cost of
performance cannot be estimated with any accuracy
As this type of contract gives a minimum incentive for efficient
performance, provision must be made for appropriate surveillance to
provide reasonable assurance that wasteful methods are not being
used.
Such contracts are used only after a finding that such method of
contracting is likely to be less costly than other methods, and it is
impractical to secure the necessary goods or services without the use
of this type of contract.

194

Types of Contracts
Incentive contracts
Incentive contracts are designed to harness the profit motive to
stimulate the contractor to perform at a lower cost, to produce a
better product or service, or to cut down lead time in delivery dates.
Care must be taken to ensure that the contract is so structured that
any contract options are fair from both the contractor and the
Procurer's point of view.
Indefinite delivery task contracts
The basic purpose of a Task Contract is to provide an in-place
contractual arrangement with a competitively selected Contractor
that is ready, willing, and able to undertake a number of jobs, or
individual tasks, of the nature described in the contract statement of
work.
195

How to select type of contract


Each model has its own pros and cons and can be suitable for achieving
the major objectives of private-private partnership to a varying degree.
The most suitable model should be selected, taking into account the
countrys political, legal, and socio-cultural circumstances, maturity of
the countrys PPP market, and the financial and technical features of the
projects and sectors concerned.
As an example, for a new project, a BOT type of model may be quite
suitable in a matured PPP market, while a PFI or Build Own Operate
(BOO) type of model may be more appropriate in a developing/untested
market.

196

Procurement Process

197

Bid Process Management


Issue of EOI/RFQ
Submission of EOI/RFQ by prospective bidders
Evaluation of EOI/RFQ and short-listing
Issue of RFP document to shortlisted parties
Pre Bid Meeting
Submission of Technical and Financial Proposals by Bidders
Evaluation of Technical Proposals
Evaluation of Financial Proposals
Negotiations and Issue of Letter of Award
Signing of Contract

198

Design of the procurement process


The procurement process has the following components
A. Procurement method
Competitive bidding
Limited competitive bidding
Non- competitive bidding
B. Procurement steps
One-step process (RFP)
Two-step process( RFQ and RFP or EoI and RFP)
Three-step process (EoI, RFQ and RFP)
C. Qualification Criteria
D. Bidding Criteria

199

Methods of Procurement

200

Methods of Procurement
1. International Competitive Bidding
2. National Competitive Bidding
3. Limited International Competitive Bidding
4. Shopping
5. Direct Contracting
6. Procurement from Specialized Agencies
7. Procurement under BOO/BOT/BOOT Concessions and similar private sector
arrangements
8. Performance-based Procurement
9. Procurement under Loans Guaranteed by Bank
10. Community Participation in Procurement
11. Procurement under Disaster and Emergency Assistance

201

International Competitive Bidding


International competitive bidding is a method of procurement where all agencies
satisfying the qualifying criteria are allowed to bid for the contract, irrespective of
their nationality
International competitive bidding (ICB) is the most appropriate method of
procurement for large contracts
It is also suitable for contracts with need for specialized technical inputs in
most cases
Shopping
It gives prospective bidders from eligible source countries equal opportunity
to bid on goods and related services or works that are being procured
ICB is in most cases employed when the contract value is beyond a threshold
value
It is the accepted mode of procurement as per most of the multi-lateral
agencies
It is the accepted mode of procurement for contracts such as concessions,
BOT, BOOT etc.

202

National Competitive Bidding


National Competitive Bidding (NCB) limits the competing bids only from
domestic suppliers
NCB is the most efficient and economical way of procuring goods or works
which, by their nature or scope, are unlikely to attract foreign competition.
NCB may be the preferred method of procurement where
The contract values are small,
Works are scattered geographically or spread over time,
Works are labor-intensive, or
The goods or works are available locally at prices below the international
market rate.
NCB procedures may also be used where the advantages of ICB are clearly
outweighed by the administrative or financial burden involved.

203

Limited International Competitive Bidding (LIB)


Limited international competitive bidding is essentially ICB by direct
invitation without any open advertisement
It is suitable where there is only a limited number of suppliers
It is the accepted mode where the amount of contract is not large
enough to attract foreign suppliers and contractors
Under LIB, borrowers seek bids from list of potential suppliers broad
enough to assure competitive prices

204

Shopping (International/National)
Shopping is a procurement method based on comparing price quotations
obtained from several suppliers, usually at least three, to assure
competitive prices
It is an appropriate method when

The procurement is of readily available, off-the-shelf goods or standard


specification commodities

The procurement is of small value

International shopping shall solicit quotations from at least three suppliers


in two different countries.
National shopping may be used where the desired goods are ordinarily
available from more than one source in the country of the Borrower at
competitive prices.
205

Direct Contracting
Direct contracting without competition (single source) may be an
appropriate method under the following circumstances:
There is an existing contract which might be extended for related
goods and services
The equipment compatible with existing assets of the procurer is
available only from a single supplier
The required equipment is proprietary
The contractor responsible for a process design requires the
purchase of critical items from a particular supplier as a condition of
a performance guarantee.
In exceptional cases, such as in response to natural disasters.
206

Procurement from Specialized Agencies


There may be a Situations in which procurement directly from
specialized agencies, acting as suppliers, pursuant to their own
procedures, may be the most appropriate way of procuring:
Small quantities of off-the-shelf goods
Specialized products where the numbers of suppliers are limited

207

Procurement under BOO/BOT/BOOT Concessions &


similar private sector arrangements
The process of selecting the transaction advisor has the following steps:
Define the scope of work for the transaction advisor
Articulate the terms of reference for the transaction advisor
Define the structure of the selection process
Prepare the tendering/ bidding documents based on the chosen
structure
Execute the tendering process
Appoint the transaction advisor

208

Performance-based Procurement
Also called as Out-based Procurement refers to competitive procurement
processes resulting in a contractual relationship where payments are made
for measured outputs instead of the traditional way where inputs are
measures :
Provision of services to be paid on the basis of outputs
Design supply, construction (or rehabilitation), and commissioning of a
facility to be operated by the borrower
Design, supply, construction of a facility and provision for its operation
and maintenance for a defined period after its commissioning

209

Procurement under Loans Guaranteed by Bank


In cases where funding agency guarantees the repayment of a loan made
by another lender, the goods and works financed by the said loan shall be
procured with due attention to economy and efficiency.

210

Community Participation in Procurement


In the interest of project sustainability, or to achieve certain specific
social objectives of the project, it is desirable in selected project
components to:
Call for the participation of local communities and/or nongovernmental organizations (NGOs) in the delivery of services
Increase the utilization of local know-how and materials
Employ labor-intensive and other appropriate technologies. The
procurement procedures, specifications and contract packaging
shall be suitably adapted to reflect these considerations.

211

Procurement under Disaster and Emergency Assistance

Procurement of goods and works under disaster and emergency


assistance shall incorporate greater flexibility ICB requirements will be
relaxed in favor of NCB

LIB will be the norm for procurement of goods with minimum bidding
periods ranging from one to two weeks

Direct contracting to contractors and suppliers under existing loans or


grants will be allowed for new contracts, with rates negotiated around
those in effect for the existing contract with adjustment as required for
inflation and physical considerations

212

Swiss Challenge
The private entity submitting the unsolicited proposal is termed as the
Original Project Proponent (OPP).
After the government evaluates the proposal submitted by the OPP, if it
finds merit in the proposal, it throws the project open for competing
proposals from other parties.
The other parties are expected to match or better the terms of OPPs
proposal. The OPP is given a chance to match or better any competing
proposal on par with the original proposal.
This method is suitable in situations where:
The OPPs proposal has substantial merit
There are objective parameters for comparison between the OPPs
proposal and competing proposals
213

Procurement method: choice of appropriate method


For a corridor level project, the project team should invariably consider
International Competitive Bidding (ICB) unless:
The costs of international competitive bidding are prohibitive
The domestic market is of international standards and has
adequate level of competition
The contract is of comparatively low value
There are exceptional circumstances disallowing the project team
to use ICB.
The project team might consider the National Competitive Bidding
method only in the case of contracts of comparatively small value
The non-competitive bidding methods should be followed only in
exceptional circumstances

214

E-Procurement

215

What is E-Procurement
E-Procurement is a solution designed to electronically handle the process of
public tender for the acquisition of specialized goods, works, and consulting
services that are of high value and low volume.
volume Introduction can be phased
and provides wide exposure to e-GP at low incremental cost.

Disclosure

Download

Clarification

Upload

Opening

Tracking

216

E-Procurement - Components
 E-Purchase

 E-Tendering

 Registration

 Tender Notice

 Store coding

 Tender enquiry

 Technical Particulars

 Bid submission

 Evaluation of Bids

 Bid opening

 Award of Rate Contract


 E-Inspection / Supply

 E-Payments

 Supply Order

 Bill submission

 Inspection

 Processing

 Dispatch Details

 Payments

 Receipt Details

 Debit Adjustments
 Status
 Complaints

217

E-Procurement - Benefits
Government
Anti-corruption
Increased number of suppliers
Better integration and interaction
between governments
Transparency Professional procurement
monitoring
Higher quality of procurement
decisions and statistics
Political return from the public
Lower prices
Efficiency
Costs

Lower transaction costs


Staff reduction
Reduction in fiscal expenditure

Time

Supplier

Public

Increased fairness and


competition
Improved access to the
government market

Access to public
procurement information
Open the government market
Monitor public expenditure
information
to new suppliers
Stimulation of SME participation Have a say
Government accountability
Improved access to public
procurement information
Government accountability
Lower transaction costs
Staff reduction
Improved cash flow

Simplification/ elimination of
repetitive tasks

Simplification/ elimination of
repetitive tasks

Communication
anywhere/anytime

Communication
anywhere/anytime

Shorter procurement cycle

Shorter procurement cycle

Redistribution of fiscal
expenditure

Communication
anywhere/anytime

218

Strategic Framework*

Awareness Raising

Capacity Building

Policy
&
Guidelines

CountryCountrybased
work

Procurement
Operations &
Monitoring

Harmonization

219
* As per World Bank Report on ELECTRONIC GOVERNMENT PROCUREMENT,October 2003

Selection of
Consultants/Contractors

220

Selection of Consultants
Selection of Consultants

The hiring of consultants will be undertaken through competition among


qualified, short-listed firms in which the selection is based both on the quality
of the proposal and on the cost of the services to be provided (Quality and
cost-Based Selection [QCBS]).

Other acceptable selection procedures in addition to QCBS are as follows:

Quality-Based Selection (QBS)

Fixed Budget Selection (FBS)

Least Cost Selection (LCS)

Selection based on Consultants Qualification (CQS)

Single Source Selection (SSS)

Selection of individual consultants

221

Methods of Consultant Selection


Individual Consultants
Evaluation by the CV
Consulting Firms
QualityQuality- and CostCost-Based Selection (QCBS)
Preferred method of selection
QualityQuality-Based Selection (QBS)
Preferred only when scope of work is difficult to define in detail because of:
the complexity of assignment
the need for an innovative solution
alternative methodologies possible, therefore difficult to compare
Financial Proposals
Direct Selection
Used only in exceptional cases with adequate justification and prior
approval
Used only when a form is clearly more qualified than any other or in case
of emergency

222

Consultant Procurement steps: alternative structures (1/2)


Option 1
(RFP)

Issue of RFP
Elimination
Project Scope
Contracts

Option 2
(RFQ + RFP)

Issue of RFQ
Elimination

Submission of RFP
Consortium Formation
Shortlisting
Technical Proposal
Final Commercial Offer
Receipt of RFQ/Issue RFP

Submission of RFP

Consortium Formation
Shortlisting
Project Scope
Contracts
Technical Proposal
Final Commercial Offer

Option 3
EOI + RFP

Issue of EOI
EOI

Receipt of EOI /Issue RFP


Elimination

Submission of RFP
Consortium Formation
Shortlisting

Project Scope
Contracts
Technical Proposal
Final Commercial Offer

Option 4
EOI + RFQ + RFP

Issue of EOI
EOI

Receipt of EOI/ Issue RFQ


Elimination

Submission of RFP
Consortium Formation
Shortlisting
Project Scope
Contracts
Technical Proposal
Final Commercial Offer

Source: Sustainable Urban Transport Planning Toolkits for Public Private Partnership in Urban Transport, 2008, Ministry of Urban Development

223

Consultant Procurement steps: Selection of the appropriate


structure (2/2)
Project characteristics
Option 1
(RFP)

Option 2
(RFQ + RFP)

Project scope is unambiguous


Execution options well defined

Project Scope is ambiguous and


requires extensive discussions

Bidders characteristics
Bidder universe is well-defined
and limited

Bidder Universe is well-defined


Number of bidders is large and
needs to be limited
Considerable effort required by
bidders to submit proposals

Option 3
EOI + RFP

Project Scope is ambiguous and


requires extensive discussions

Bidder universe is limited


Bidder profile needs sharpening
Considerable effort required from
bidders to submit proposals

Option 4
EOI + RFQ + RFP

Project Scope is ambiguous and


requires iterative discussions

Number of Bidders are large and


need to be limited
Bidder profile needs sharpening
Considerable effort required by
bidders to submit proposals

224

Risk Structuring/Mitigation

225

Risk Assessment
Risk may be defined as:
the chance of a loss
uncertainty of loss
possibility of loss
uncertainty
hazard
dispersion of actual from expected results
possibility of an occurrence of an undesirable contingency
a condition in which a possibility of a loss exists
probability of a cash flow outcome different from the one
projected
226

Identifying Risks
The first step in managing and allocating risk is to identify all risks
associated with a project. Risks are usually identified by reference to
generic risk categories and/or risks based on different phases of the
project.

Commissioning Risk

Construction Risk

Demand (usage) Risk

Design Risk

Environmental Risk

Financial Risk

Force Majeure Risk

Industrial Relations Risk

Latent Defect Risk

Operating Risk

Performance Risk

Change in Law Risk

Residual Value Risk

Technology Obsolescence
Risk

Upgrade Risk

227

Risk Structuring / Mitigation


Risk can be structured/ mitigated in 5 ways:
controlled or shared, as in a contract;
switched from one party/support to another by means of a trigger;
financed, such as through standby loans;
deemed reduced, per study results; or
avoided altogether.

228

Risk Assessment
Types of Risk
Operating: Technical

Environmental

Operating: Cost

Political

Operating: Management

Force Majeure

Participant
Completion
Supply
Market
Infrastructure

Foreign Exchange
Engineering
Syndication
Funding/Interest
Legal

229

Matrix of Risks Distribution-Typical Road Project on PPP


Mode
Types of Risk

Cost driver

Allocation
Grantor

Concre

Design Risk

Construction Cost

Site Risk

Construction Cost

Construction Risk

Construction Cost

Force Majeure Risk

Construction Cost, Life Cycle Cost, Government


Budget, Performance Payment/Toll

Revenue Risk

Performance Payment/Toll

O&M Risk

Life Cycle Cost

Performance Risk

O&M Cost, Performance Payment/Toll,O&M


Cost,Life Cycle Cost

External Risk

Life Cycle Cost

Other market Risk

Life Cycle & Construction Cost

Political Risk

Life Cycle Cost

Default Risk

Government Budget

Strategic Risk

Shared

230

Sample Formats for


Procurement of Consultants

231

Notice Inviting Tender (consultant)


Government of /
Government of ..Urban Development Trust
Municipality
Sealed tenders in printed tender forms, as specified hereunder, are invited for the following work
from the consultants as per particulars mentioned below. Tenders will be received by the Executive
Engineer, ..Municipality as per time schedule mentioned hereunder.
1.

Name of work

Consultancy Services for Design and Periodical


Supervision for City Level Roads at

2.

Name of Division

Engineering Division..Municipality

Type of Contract

Quality and Cost Based(QCBS)

3.

Pre-Proposal Date

10/11/2012 at 16.00hrs in conference hall of


..Municipality

6.

Tender Form

Standard Agreement form

7.

Price of tender document

Rs. 5000/- Each set (In Cash)

8.

Last date of application for purchase of tender paper

01/11/2012 (up to 4.30pm)

9.

Date of sale of tender

06/11/2012 (up to 4.00pm)

10.

Date and time for receiving the tender

08/11/2012 (up to 2.00 pm)

11.

Date of opening of tender

08/11/2012 (at 2.30pm)

232
Sd/
Sd/(Executive Engineer,.)

Standard Request For Proposals (Consultants)


PART I SELECTION PROCEDURES AND REQUIREMENTS
Section 1: Letter of Invitation (LOI)
Section 2: Instructions to Consultants and Data Sheet
Section 3: Technical Proposal Standard Forms
Section 4: Financial Proposal Standard Forms
Section 5: Eligible Countries
Section 6: Banks Policy Corrupt and Fraudulent Practices
Section 7: Terms of Reference (TOR)
PART II CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section 8: Standard Forms of Contract

233

Sample Formats for


Procurement of Consultants

234

Notice Inviting Tender (contractor)


Government of /
Government of ..Urban Development Trust
Municipality
Sealed tenders in printed tender forms, as specified hereunder, are invited for the following work from the contractors
as per particulars mentioned below. Tenders will be received by the Executive Engineer, ..Municipality as per
time schedule mentioned hereunder. Rates are to be quoted on an overall percentage (%) basis.
1.

Name of work

Construction of 45m road at from Km 45/100 to Km


54/500

2.

Name of Division

Engineering Division..Municipality

3.

Contractors eligible to participate the tender

Resourceful, bonafide contractors having adequate experience in


similar works only may apply

4.

Estimated value of work

Rs. 28,49,145/-

5.

Earnest Money

Rs. 16,980/- by Bank draft in favor of ..Municipality

6.

Tender Form

Standard Agreement form

7.

Price of tender document

Rs. 5000/- Each set (In Cash)

8.

Last date of application for purchase of tender paper 01/11/2012 (up to 4.30pm)

9.

Date of sale of tender

06/11/2012 (up to 4.00pm)

10. Date and time for receiving the tender

08/11/2012 (up to 2.00 pm)

11. Date of opening of tender

08/11/2012 (at 2.30pm)

12. Time of Completion of work

Six Months excluding Monsoon Season


Sd/
Sd/(Executive Engineer,.)

235

STANDARD BIDDING DOCUMENT FOR PROCURMENT OF


CONTRACTORS
PART I BIDDING PROCEDURES
Section 1: Instruction to Bidders(ITB)
Section 2: Bid Data Sheet(BDS)
Section 3: Evaluation and Qualification Criteria
Section 4: Bidding Forms
Section 5: Eligible Countries
PART II EMPLOYERS REQUIREMENTS
Section 6: Employers Requirements
PART III CONDITION OF CONTRACT AND CONTRACT FORMS
Section 7: General Condition of Contract(GCC)
Section 8: Particular Condition of Contract(PCC)
Section 9: Contract Forms

236

Evaluation Criteria

237

Evaluation Criteria for selection of Consultant/ Contractor


Technical Evaluation
Past Experience of similar projects in terms of quantity or value is
considered
Technical Capacity is also evaluated in terms of the required.
Technical Resources for the project in terms of Equipment, Key
Personnel, etc.
Financial Evaluation
Financial Capacity of the Consultant is evaluated in terms of
Average Annual Turn Over as a Consultancy Fee
Financial Capacity of the Contractor is evaluated in terms of Net
Worth, Turnover, and Net Cash Accruals
238

Key Evaluation Criteria for Procurement of Goods as per World


Bank guidelines
Minimum annual financial turnover usually not less than 2.5 times the estimated annual
payments in the contract
Satisfactorily completed (not less than 90% of contract value) as a prime contractor of at
least one similar work of value not less than Rs........ @ (usually not less than 50% of
estimated value of contract)
Executed in any one year, minimum quantities of work (usually 80% of the expected peak rate
of construction)
Availability of critical equipment and Project Manager
Availability of required liquid assets and/or credit facilities from banks
Available bid capacity of the bidder is more than the total bid value
Assessed Available Bid capacity = ( A*N*2
A*N*2 - B )
A= Maximum value of works executed in any one year during the last 5 years
N=No. of years prescribed for completion of the works for which bids are invited
B=Value of existing commitments and on-going works to be completed during the
next.......years (period of completion of the works for which bids are invited)

239

Contract Management

240

Contract Management
Contract management can be defined as the steps that enable both the contracting
authority and the economic operator to meet their obligations within the contract
in order to deliver the objectives set by the contract.
Key to the process of successful contract management is the recognition that
procurement officers must plan, do, check, and act. (PDCA)
Plan stage refers to the phases prior to
the award of the contract.
Do stage refers to the activity of the
economic operator throughout the life of
the contract.
Check refers to the checks and controls
that are introduced to monitor
performance.
Act refers to the activities necessary to
ensure that any performance that has
moved out of line is brought back within
the required parameters.

241

Contract Management
Contract management activities can be broadly grouped into three areas,
which span the do, check, and act stages of PDCA
Service delivery management
Relationship management
Contract administration
Service delivery management ensures that the service is being delivered at
the required level of performance and quality, as per the contract. Service
delivery management considers performance and manages risk through the
do, check, and act stages of PDCA.
Relationship management seeks to keep the relationship between the
economic operator and the contracting authority open and constructive,
aimed at resolving or easing tensions and identifying potential problems at
an early stage, while also identifying opportunities for improvement.
Contract administration handles the formal governance of the contract
and changes to documentation during the life of the contract.

242

Monitoring & Evaluation

243

Monitoring and Evaluation


Monitoring and Evaluation (M&E) of projects provides funding agencies,
implementing agencies, governments, and civil society with a means for
learning from past experience, which in turn enables better performance,
improves quality, plans and allocates resources in a cost effective manner,
and gets better results.
Monitoring could be defined as: A continuing function that uses systematic
collection of data on specified indicators to provide management and the
main stakeholders of an ongoing development intervention with indications
of the extent of progress and achievement of objectives and progress in the
use of allocated funds
Evaluation could be defined as: The systematic and objective assessment of
an on-going or completed project, its design, implementation, and results. The
aim is to determine the relevance and fulfillment of objectives, development
efficiency, effectiveness, impact, and sustainability.

244

Questions??
245

Thank You!
246

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