Management of Private, Public Partnership in Reviving the Nation’s Infrastructure

 

 

 

Presentation by Oluwatoyin Sanni,

Managing Director,

UBA Trustees Limited

 

 

 

At

 

 

 

The International Management Conference of the Nigerian Institute of Management, N.I.M.

 

 

Held at the International Conference Centre, Abuja on November 20 & 21, 2006

 

 

 

 

 

 

 

 

INTRODUCTION:

 

This paper examines the characteristics of Public-Private Partnerships (PPPs), their  potential benefits and risks, challenges faced by PPPs and recommends appropriate management methods, drawing from International & Regional examples.

 

What is a Public Private Partnership?

Public-Private Partnership (PPPs) or P3) are arrangements between government and private sector entities for the purpose of providing public infrastructure, community facilities and related services.  Such partnerships are characterized by the sharing of investment, risk, responsibility and reward between the partners.  Generally, these partnerships involve the financing, design, construction, operation, maintenance of public infrastructure and services.

 

The rationale for these partnerships is the need to harness the combined strengths of both the public and private sectors to establish complementary relationships, on the premises that both the public and private sectors  have unique advantages in specific aspects of service or project delivery.

 

The roles and responsibilities of the partners may vary from project to project and various forms are adopted.  In some cases, government contributes part of the capital requirement through tax revenues or in kind (usually the transfer of existing assets, eg. Land or shareholding or rights).  Operation could be run jointly with the private sector or under contracts.  In other types of PPP (notably the Private Finance Initiative (PFI)), Capital investment is made by the private sector on the strength of a contract with or concession by the government to provide agreed services or exploit certain rights.

 

Typically, a private sector consortium forms a “Special Purpose Vehicle” (SPV) to build and maintain the asset.  Parties to the consortium would usually include a building contractor, maintenance company and a bank lender.  The SPV executes the contract with government and subcontractors to build and maintain the facility.  (A typical PPP example would be a hospital building financed and constructed by a private developer and then leased to the hospital authority).    The private developer is the landlord, providing housekeeping and non medical services, while the hospital authority focuses on its core competence – provision of medical services.

 

It must be noted that PPP is only one of a number of ways of delivering public infrastructure and related services.  It is not a substitute for strong and effective governance and decision making by government and that in all cases government remains responsible and accountable for delivery services and projects in a manner that protects and furthers the public interest.

 

FORMS OF PPPs

PPPs may vary in any of the following:

i.        degree of risk allocated between the parties

ii.       Amount of expertise required on the part of each partner to negotiate contracts

iii.      Potential implications for rate payers

 

ORIGINS OF PPPs

Concerns about the level of Public Debt which grew rapidly in the 1970s and 1980s, drove Governments to seek alternative financing and procurement methods for public infrastructure and services.  Governments therefore sought to encourage private investment in infrastructure; supposedly at “no cost to the public”.   Whilst such views have since been discarded, the search for alternative models persisted.

 

Key drivers of these initiatives were:

 

        i.            Improved risk allocation from the enhanced role of private sector with a (“Core Investor”) taking responsibility for most aspect of services provisions for a given project.

 

      ii.            Maintenance of public accountability for essential aspects of service provision.

 

Early Models:

Most early forms were one-off deals, before John Major’s Conservative Government introduced the PFI in the UK in 1992.  This was the first systematic program aimed at reducing Public Sector Borrowing requirement.  This was sustained by Tony Blair in 1997, thought the focus was now shifted to “value for money” through an appropriate allocation of risk.

Early Problems

1.      Because of initial focus on reducing Public Debt, early private infrastructure projects (in early 1990s) led to provision of services at substantially higher rates than under standard model of public procurement.  Why?   Private investors demanded and received a higher rate of return than governments bond rate even though:

a)      Public sector still bore most or all of the income risk associated with the projects.

b)      Most early schemes turned out to be rather inferior to the standard model of public procurement based on competitively tendered construction of publicly owned assets.

 

Mitigants:

A key response to these negative findings became:-

The development of formal procedures for the assessment of PPPs in which the central focus is “value for money” rather than just reduction in public debt.  Value for money was achieved through an appropriate allocation of risk.  These procedures were incorporated in the PFI and other counterparts from late 1990s onwards.

 

 

 

TYPES OF PPPs

 

Types of PPP

 

 

Features

 

Advantages

 

Disadvantages

1. Operations and Maintenance

The government contracts with a private partner to operate and maintain a publicly owned facility.

·   potential service quality and efficiency improvements

·   cost savings

·   flexibility in structuring contracts

·   ownership vests with government.

 

·   collective agreements may not permit contracting out

·   costs to re-enter service if contractor defaults

reduced owner control and ability to respond to changing public demands

2.  Design-Build

The government contracts with a private partner to design and build a facility that conforms to the standards and performance requirements of government.  Once the facility has been built, the government takes ownership and is responsible for the operation of the facility.

 

·   access to private sector experience

·   opportunities for innovation and cost savings

·   flexibility in procurement

·   opportunities for increased efficiency in construction

·   reduction in construction time

·   increase risk placed on private sector

·   single point accountability for the owner

·   fewer construction claims

 

·   reduced owner control

·   Increased cost to incorporate desirable design features or change contract in other ways once it has been ratified

·   more complex award procedure

·   lower capital costs may be offset by higher operating and maintenance costs if life-cycle approach not taken

3. Turnkey Operation

The government provides the financing for the project but engages a private partner to design, construct and operate the facility for a specified period of time.  Performance objectives are established by the public sector and the public partner maintains ownership of the facility.

 

·   places construction risk on the private partner

·   proposal call can control design and location requirements as well as operational objectives

·   transfer of operating obligations can enhance construction quality

·   potential public sector benefits from increased efficiency in private sector construction

·   potential public sector benefits from increased efficiency in private sector operation of the facility

·   construction can occur faster through fast-track construction techniques such as design-build

·   reduced government  control over facility operations

·   more complex award procedure

·   increased cost to incorporate changes in design and operations once contract is completed

·   depending on the type of infrastructure, financing risk may be incurred by the government

 

Types of PPP

 

 

Features

 

Advantages

 

Disadvantages

4. Wrap Around Addition

A private partner finances and constructs an addition to an existing public facility.  The private partner may then operate the addition to the facility for a specified period of time or until the partner recovers the investment plus a reasonable return on the investment.

 

·   public sector does not have to provide capital funding for the upgrade

·   Financing risk rest with private partner

·   public partner benefits from the private partner’s experience in construction

·   opportunity for fast-tracked construction using techniques such as design-build

·   flexibility for procurement

·   opportunities for increased efficiency in construction

·   time reduction in project implementation.

·   future facility upgrades not included in the contact with the private partner may be difficult to incorporate at a later date

·   expense involved in alteration of existing contracts with the private partner

·   perceived loss  of control

·   more complex contract award procedure

5. Lease Purchase

The government contracts with the private partner to design finance and build a facility to provide a public service.  The private partner then leases the facility to the government for a specified period after which ownership vests with the government.  This approach can be taken where government requires a new facility or service but may not be in a position to provide financing.

 

·   improved efficiency in construction

·   opportunity for innovation

·   lease payments may be less than debt service costs

·   assignment of operational risks to private sector developer

·   improve services available to residents at a reduced cost

·   potential to develop a “pay for performance” lease

·   reductions in control over service or infrastructure

6. Temporary Privatization

Ownership of an existing public facility is transferred to a private partner who improves and/or expands the facility.  The facility is then owned and operated by the private partner for a period specified in a contract or until the partner has recovered the investment plus a reasonable return.

 

·   if a contract is well structured with the private partner, the government can retain some control over standards and performance without incurring the costs of ownership and operation

·   the transfer of an asset can result in a reduced cost of operations for the government

·   private sector can potentially provide increased efficiency in construction and operation of the facility

·   access to private sector capital for construction and operations

·   operational risks rest with the private partner

·   perceived or actual loss of control

·   Initial contract must be written well enough to address all future eventualities

·   private sector may be able to determine the level of user fees, which they may set higher than when under government control

·   difficulty replacing private partner in the event of a bankruptcy or performance default

·   potential for l government to reemerge as the provider of a service or facility in the future

·   displacement of government employees

·   labour issues in transfer of government employees to the private partner

7. Lease-Develop-Operate or Buy-Develop-Operate

The private partner leases or buys a facility from the government, expands or modernizes it, then operates the facility under a contract with the government.  The private partner is expected to invest in facility expansion or improvement and is given a specified period of time in which to recover the investment and realize a return.

 

·   if the private partner is purchasing a facility, a significant cash infusion can occur for the government

·   public sector does not have to provide capital for upgrading

·   financing risk can rest with the private partner

·   opportunities exist for increased revenue generation for both partners

·   upgrades to facilities or infrastructure may result in service quality improvement for users

·   public partner benefits from the private partner’s experience in construction

·   opportunity for fast-tracked construction using techniques such a design-build

·   flexibility for procurement

·   opportunities for increased efficiency in construction

·   time reduction in project implementation

 

·   perceived or actual loss of control of facility or infrastructure

·   difficulty valuing assets for sale or lease

·   issue of selling or leasing capital assets that have received grant funding

·   if a facility is sold to a private partner, failure risk exists – if failure occurs, the government may need to reemerge as a provider of the service or facility

·   future upgrades to the facility may not be included in the contract and may be difficult to incorporate later

 

8. Build – Transfer -Operate

The government contacts with a private partner to finance and build a facility.  Once completed, the private partner transfers ownership of the facility to the government.  The government then leases the facility back to the private partner under a long term lease during which the private partner has an opportunity to recover its investment and a reasonable rate of return.

·   public sector obtains the benefit of private sector construction expertise

·   public sector obtains the potential benefits and cost savings of private sector operations

·   public sector maintains ownership of the asset

·   public sector ownership and contracting out of operations limits any government tax requirements

·   public sector maintain authority over the levels of service(s) and fees charged

·   compared to a Build-Operate-Transfer model, avoids legal, regulatory and tort liability issues

·   under Occupiers’ Liability Act, tort liability can be avoided

·   government control of operational performance, service standards and maintenance

·   ability to terminate agreements if service levels or performance standards not met, although facility would continue to permit repayment of capital contributions and loans and introduction of new private partner

·   construction, design and architectural savings, and likely long-term operational savings

·   possible difficulty in replacing private sector entity or terminating agreements in event of bankruptcy or performance default.

9. Build-Own-Operate-Transfer

The private developer obtains exclusive franchise to finance, build, operate, maintain, manage and collect user fees for a fixed period to amortize investment.  At the end of the franchise, title reverts to a public authority.

 

·   maximize private sector financial resources, including capital cost allowance

·   ensures the most efficient and effective facility is constructed, based on life-cycle costs

·   allows for a private sector operator for a predetermined period of time

·   the community is provided with a facility, without large up-front capital outlay and/or incurring for long term debt

·   all “start up” problems are addressed by the private sector operator

·   access to private sector experience, management, equipment, innovation and labour relationships may result in cost savings

·   risk shared with private sector.

·   facility may transfer back to the public sector at a period when the facility is “work” and operating costs are increasing

·   public sector loses control over the capital construction and initial mode of operations

·   initial contract must be written sufficiently well to address all future eventualities

·   the private sector can determine the level(s) of user fees (unless the public sector subsidizes use)

·   less public control compared to Build-Transfer-Operate structure

·   possible difficulty in replacing private sector partner or determing agreements if bankruptcy or performance default

 

Types of PPP

 

 

Features

 

Advantages

 

Disadvantages

10. Build-Own-Operate

The government either transfers ownership and responsibility for an existing facility or contracts with a private partner to build, own and operate a new facility in perpetuity.  The private partner generally provides the financing.

·   no public sector involvement in either providing or operating the facility

·   public sector can “regulate” the private sector’s delivery of a “regulated/monopolistic” service area

·   private sector operates the service in the most efficient manner, both short-term and long-term

·   no public sector financing is required

·   income tax and property tax revenues are generated on private facilities, delivering a “public good”

·   long term entitlement to operate facility is incentive for developer to invest significant capital

·   the private sector may not operate/construct  the building and/or service “in the public good”

·   the public sector has no mechanism to regulate the “price” of the service, unless it is a specifically regulated commodity

·   the good/service being delivered is subject to the government regulations

·   no competition, therefore necessary to make rules and regulations for operations and to control pricing

 

 

WHEN SHOULD PPPs BE CONSIDERED?

A public private partnership may not be the best option for delivering a public service or project.  Government should undertake a cautious approach and examine all relevant factors and issues when considering this type of arrangement.  The different forms of public private partnership vary in terms of how risks and responsibilities are allocated.  They also vary in complexity and the degree of expertise required to successfully negotiate required contracts.

 

Governments should not assume that public private partnerships provide easy outs to difficult servicing issues.  They should expect that increased transfer of risk will result in higher expectations for reward by the private sector and that the negotiation of contracts may require a high degree of expertise.  The following discussion provides an overview of some of the potential benefits and risks associated with public private partnerships.

 

POTENTIAL BENEFITS OF PPPs

Public private partnerships are not the solution for the delivery of all services.  There are risks in proceeding with public private partnerships without critically examining their suitability to specific circumstances.  However, government can realize important benefits when public private partnerships are used in the appropriate context.

Potential benefits include:

 

1.      Cost Savings

Government may be able to realize cost savings for the construction of capital projects as well as the operation and maintenance of services,   for example, by combining design and construction in the same contract.  The close interaction of designers and constructors can result in more innovation and less costly designs.  Design and construction activity can be carried out more efficiently, decreasing construction time.  Overall costs for professional services can be reduced for inspections and contract management activities and risks of project overruns can be reduced by design-build contracts.

Private partners may be able to reduce the cost of operating or maintaining facilities by applying economies of scale, innovative technologies, more flexible procurement and compensation arrangements, or reducing overheads.

 

2.      Risk Sharing

Government  shares risk with a private partner.  Risks could include cost overruns, inability to meet schedules for service delivery, difficulty in complying with environmental and other regulations, or the risk that revenues may not be sufficient to pay operating and capital costs.

 

 

 

3.      Improved Levels of Service or Maintaining Existing Levels of Service

Public private partnerships can introduce innovation in how service delivery is organized and carried out.  New technologies and economies of scale often reduce cost or improve quality and level of services.

 

 

 

4.      Enhancement of Revenues

Public private partnerships may set user fees that reflect the true cost of delivering a particular service.  Public private partnerships also offer the opportunity to introduce more innovative revenue sources that would not be possible under conventional methods of service delivery.

 

5.      More Efficient Implementation

Efficiencies may be realized through combining various activities such as design and construction, and through more flexible contracting and procurement, quicker approvals for capital financing and a more efficient decision-making process.  More efficient service delivery not only allows quicker provision of services, but also reduces costs.

 

 

 

6.      Economic Benefits

PPPs can help to stimulate the private sector and contribute to increased employment and economic growth.  Local private firms that become proficient in working in public private partnerships can “export” their expertise and earn income outside of the region.

 

POTENTIAL RISKS OF PPPs

As with conventional forms of service delivery, there are risks as well as potential benefits associated with public private partnerships.  Governments can reduce or eliminate the risks by understanding what they are and addressing them through well-conceived negotiations and contractual arrangements, and the involvement of stakeholder groups.

 

Potential risks include:

1.      Loss of Control by Government

Public private partnerships, by their nature, involve a sharing of risks, benefits and decision making between the partners.  Significant investments and risks by the private partner often provide for greater involvement of the private partner in decisions concerning how services are delivered and priced.  This often leads to concerns about who controls the delivery of services.   In the final analysis, government has the authority and responsibility to establish servicing standards and to ensure that the public interest is protected.

 

2.      Increased Costs

Not all governments consider the true costs of providing services when establishing their pricing policies for fees for services.  For example, the costs of overhead or administration and depreciation of assets are often not included in the pricing of individual services. In some cases, there are explicit subsidies for specific services.  The delivery of services through public private partnerships requires pricing policies and fees to reflect all relevant costs.  This can have the effect of increasing user fees for specific services.

3.      Political Risks

The combination of inexperience by governments and stakeholder unfamiliarity with public private partnerships may result in higher political risks.  Governments may wish to reduce potential risks by initially entering into fewer, less complex, and better understood public private partnership contracts.

 

4.      Unacceptable Levels of Accountability

Certain government services are more sensitive than others in terms of public demand for accountability and responsiveness.  With public private partnerships, the lines of accountability for the provision of services are less clear to the public than under conventional service delivery. This may result in public criticism of the partnership arrangement and the private partner, or require increased involvement of the government in ensuring compliance and responding to public demands.

 

5.      Unreliable Service

Private partners may be prone to labour disputes, financial problems or other circumstances that may prevent them from honouring their commitments.  Public private partnership contacts should anticipate such difficulties and put in place measures to deal with them.

 

6.      Inability to Benefit from Competition

Competition among private partners to secure the right to enter into a public private partnership is an important benefit for government.  Competition leads to innovation, efficiency and lower costs.  Governments may not be able to benefit from public private partnerships if there are only a limited number of potential private partners with the expertise or ability to respond to a request for proposals.

 

7.      Reduced Quality or Efficiency of Service

If not properly structured, public private partnership contracts can result in a reduction in service quality, inefficient service delivery or a lack of proper facility maintenance.  For example, cost-plus contracts provide little incentive   for the private partner to maintain quality or increase efficiency.  Governments may  also need to consider the life-cycle cost approach in establishing evaluation criteria for projects or services.

 

8.      Bias in the Selection Process

As with conventional forms of service delivery, there is always the potential for government to be accused of bias in selecting proponents.  This may be more prevalent with public private partnerships given that “low bid” may not always win the contract if the government has established other criteria (e.g. value for money).  The potential for accusation of bias can be reduced through well-developed policy and procedures, and by ensuring transparency in dealing with potential private partners.

 

9.      Labour Issues

Even though collective agreements and labour laws apply to public private partnership arrangements, there could be adverse reaction from labour unions or government staff.

WHEN TO PARTNER WITH THE PRIVATE SECTOR

To justify the use of a PPP structure, certain factors need to be established.  Governments can consider partnerships with the private sector where any of the following circumstances exist:

·                    The service or project cannot be provided with the financial resources or expertise of the government alone.

·                    A private partner would increase the quality or level of service from that which the government could provide on its own.

·                    A private partner would allow the service or project to be implemented sooner than if only the government were involved.

·                    There is support from the users of the service for the involvement of a private partner

·                    There is an opportunity for competition among prospective private partners

·                    There are no regulatory or legislative prohibitions to involving a private partner in the provision of services or a project

·                    The output of the service can be measured and priced easily.

·                    The cost of the service or project can be recovered through the implementation of user fees.

·                    The project or service provides an opportunity for innovation

·                    There is a track record of partnerships between government and the private sector.

·                    There are opportunities to foster economic development.

 

If none of the above conditions exist, public private partnerships should not be considered.

 

 

 

THE AFRICAN EXPERIENCE

Ghana – Private Public Sector Partnership in infrastructure – telecom. 

Uganda – Partial Liberalization of an infrastructure Service -   Aviation Industry -  (a) Airline business opened to competition (b) Regulatory Agency has done well, but not given full autonomy yet.  (c) Need to open up airside and landside services, e.g. Air Navigation Services and Airport Services to competition.

 Nigeria – Telecom Sector.

The Ghana Telecom Experience

 

Objectives of the Reform

Ø     Eliminate bureaucracy

Ø     Infuse efficiency

Ø     Reduce fiscal drain on public purse

Ø     End un-economic cross – subsidization between posts & telecoms

Ø     Redress problem of under investment

Ø     Improve service delivery

Ø     Meet investment needs for expansion

Ø     Rid the enterprise of political interference

Ø     Rid it of managerial ineptitude

Ø     Improve service quality

Ø     Create enabling environment to attract foreign investment from global information village.

 

 

 

 

Model Adopted

Gradual approach starting with:

1.    Creation of enabling environment

2.    Fostering peripheral competition than licensing of wireless mobile operators

3.    World Bank assisted Second Telecoms Project to improve existing telephone service quality and increase number of available lines.

4.    In 1997, sale of 30% of GT to a strategic investor G-Com Ltd, led by Telecom Malaysia, retention of 70% by Government of Ghana, through Ministry of Finance, incorporated.   Terms – Management Control to Strategic Investor, subject to Performance Contract.

 

 

 

 

Management Measures

 

1.    Performance agreement required distinct improvement in conventional (International Telephone Union Standards) measures of telephone services, e.g. Call Completion Rates and Fault per 100 Main Lines.

2.    Pecuniary Penalty for failing to meet targets in any review period.

3.    Public open tender method

4.    Requirement of adequate financial strength and technical competency by being existing providers of telephony services.

5.    Regulatory framework for the operating environment clearly specified upfront.

6.    Duopolistic Structure for first 5 years, as government also offered license to a second network operator, required to install 50,000 new lines in 3 years.

 

 

Outcome of Reform – Score Card

Benefits of competition seen in mobile telephony, data communications and sale of terminal equipment are obvious, in reduced costs (cellular charges on in-coming calls eliminated and deployment of cost control technology, e.g. prepared cards.

 

However, gaps observed were:

 

1.    Speed of expansion left many critics unimpressed though they noted increased public pay phones in Accra Metropolis and improved timeliness, accuracy of billings and I.D.D.

 

2.    Complaint of slow rate of strategic investment and that rate of deployment of technology is sub-optimal.

 

 

 

 

Regulatory Learning Points

 

Ø     Provision of level playing field is key.

Ø     Regulatory agency needs clout.  Ghana’s NCA (National Communications Authority) has been perceived as weak, especially over the National Telephony Company – Ghana Telecoms.

Ø     Who regulates the regulator (a bureaucracy).  Lessons from developed countries.  Avoid elaborate regulatory schemes (like Chile, use competitor to discipline public utilities) rather than multi layered rules of intricate regulations.  Keep it simple and efficient and let regulations control the rest.

 

Conclusions from the African 3 Countries’ Experiences

 

1.    Pressure to dislodge bureaucrats and involve more private participation needs to be sustained.

2.    Ideal regulatory regime is one that evolves a buffer between operators and government (i.e. ensures that operators adhere to economic and social objectives.

3.    Need to continually resolve disputes between competitors and consumers and operators and monitors changing industry conditions.

4.    Competition is key, exclusivity may not be necessary/ideal as an incentive.

 

 

PPPs  AND THE NATIONAL ECONOMIC EMPOWERMENT DEVELOPMENT STRATEGY (NEEDS)

 

The Federal Government in its NEEDS Proposal, recognized variously the relevance of PPPs in the following areas:

 

1.     Domestic Deregulation & Privatization - Public Private Partnership (Peer Review Mechanism)

 

NEEDS identified the developing challenges facing Nigeria as including:

1.      Nigeria’s per Capita GDP amongst lowest world wide:

                   (2001 – GDP $45 B, $300 per capital income per year

External & Domestic Debt about 70% of GDP (now grossly reduced)

Real Sector dominated by primary production sectors:

Agric                    -        41%

Crude Oil             -        13%

Manufacturing     -        5 – 7 %

2.      High macro-economic volatility

3.      Loss of International market share

4.      Unsustainable public sector spending

5.      Low Private Sector Productivity, lack of diversification of economy due to infrastructure deficiency, poor security of life and properties, corruption and rent sealing, etc.

 

 

Key Strategies:

1.      Privatize, deregulate and liberalize key sectors of the economy

2.      Develop infrastructure, especially electricity, transport and water.

3.      Address problems of financing the real sector, mobilizing long term savings and investment.

4.      Target programmes to promote private sector growth and development.

 

5.      Key Medium Term Strategies

6.      Develop efficient Capital Market.

 

2.     Empowering People:

Private Sector Participation in education sector (greater private sector involvement).

Establish good quality privately owned educational institutions.

 

3.     Promoting Private Enterprise

Strategic Thrusts:

1.      Redefine role of government as facilitator and promoter in the economy.

2.      Create Public Private Participations – active interaction with private sector in an on-going basis for continuing feedback – through structured interactions with private sector at all levels.

 

3.      Progressively reduce governments direct role in economic and business activities – Accelerated privatization of major utilities (while ensuring access by all, avoiding exploitation, etc through consumer protection laws,  regular fine tuning of strategies , etc to protect consumers  from monopolistic and unfair trade practices that may result from privatization).

4.      Rapid implementation of local content policy (especially in extractive and construction industries) by forming business partnerships and linkages that enhance learning and technology transfer.

          5.      Infrastructure development

Recognizing that Nigeria’s Infrastructure does not meet the needs of investors, inhibits investment and increases cost of doing business, the policy proposes to develop the infrastructure rapidly through:

a.       Private Sector Participation in projects, e.g. roads, railways, port development.

b.      Privatization or concession of Nigerian Railways to rehabilitate and modernize it.

c.       Private Sector led Power Sector to achieve the following:

i.        Expeditiously implement electric power sector reform programme

ii.       Generate 10,000 MV per day by 2007

iii.      Develop capacity to transmit/distribute higher level generated.

iv.      Explore alternative energy services, eg. Coal, solar, wind power and hydropower.

v.       Deregulate for increased private sector participation.

vi.      Review electricity tariffs.

 

6.      Other areas targeted for increased PPPs are:

a.       Waste Management

b.      Agriculture & Food Security

c.       Oil & Gas – Local Content, including unbundling NNPC and privatizing its industries.

d.      Solid Minerals exploitation.

 

4.     Changing the way Government does its work

Redefining the role of Government through the promotion of Public Private Partnerships is also itemized as a key strategy for changing the way Government does it works.  The large size of government and attendant inefficient use of resources, distributed market signals, shuffling of  private investment through impact on inflation, interest rates & pattern of credit expansion have all been recognized as a barrier to growth in Nigeria.

PPS are to be done bearing in mind though the need for a measurement and monitoring mechanism for inputs, outputs, processes and outcomes to achieve accountability for resources used and results obtained.

Also a consensus building and communication programs to educate legislature and grassroots is to be adopted. Service Delivery Charters with checklists, processing deadlines and other benchmarking are to be incorporated at all levels.

 

Management Initiatives for recognized challenges

 

1.      Appropriate and statutorily backed regulating framework (an excellent example is with Nigeria’s NCC which is well regulated and empowered by the Nigerian Communications Act 2003.  (NCC’s powers to be extended to NITEL).

2.      Effective Regulator with  full autonomy.

3.      PPPs are best managed under a programmed and consistent plan and structure, e.g. the UK PFI which has since been cloned by other jurisdictions due to its success record.

4.      Structured & Systematic review mechanism to achieve value for money, ensure objectives are met against set performance benchmarks, service level agreement, etc.

5.      Introduction of Cross-Border Peer Review mechanism in assessing the performance of PPPs).

6.      Active monitoring to ensure Private Sector effectiveness, competition driven transparency drive the PPPs, inspite of Government participation.

7.      Embracing Structures that avoid monopolies, recognizing that exclusivity may no longer be essential to justify Private Sector Investment.

8.      PPPs are most effective within a framework of Economic & Public Sector Reforms that minimize the problems of corruption, rent-seeking, etc that beleagure most developing economies.

9.      Increased and monitored transparency through Private Sector modeled and monitored SPVs Structures for managing project, Cash flows,  (use of Corporate Trustees) etc will enhance attractiveness of PPPs to the Private Sector.

10.    Continued growth of a vibrant Capital Market is a significant need as investors in SPVs are assured of exit avenues/access to off-takers when it suits their needs.

11.    Continued efforts to improve natural security, eliminate undue and excessive costs of doing business and generally promote private enterprise will aid the management of PPPs in Nigeria.

 

CONCLUSION

PPPs are a veritable vehicle for the development of the Nations infrastructure.  However, there is need for effective management of PPPs through an appropriate regulatory framework, appropriate monitoring processes and peer review mechanisms, demand for value for money and appropriate risk allocation.

 

 

 

 

 

 

 

 

 

 

SOURCES/REFERENCE MATERIALS

 

1.      ADB Case Study in Private Sector Participation in Infrastructure in Uganda, Ghana & Nigeria:  E.R.P. No. 44

 

2.      PPP Guide by British Columbia Ministry of Municipal Affairs: May 1999

 

3.      PPP Guidelines – Ministry of Finance, Ireland, July, 2006

 

4.      Guidelines, Note 15 – September 2006, Dong Andrew & Silriu Dochie - The Growing & evolving business of Private Participation in Airport.

 

5.      National Economic Empowerment  Development Strategy (NEEDS)