I believe nuclear energy in Jordan will be done in such a way where it is a public‐private partnership so everyone can see exactly what’s going on.
— Abdallah II of Jordan
In this chapter, we explore the dynamics of global megaprojects including project integration, systems integration, and the integration of organizations through the development of public private partnerships.
Integration is a reality of all large complex systems whether they be united in a mutual endeavor such as preservation of ecosystems or major partnerships or alliances between nations, governments or military organizations to accomplish a mutual goal. Megaprojects by their very nature are complex organizations in terms of the sheer number and variety of interdependent components including systems, people, and processes that must come together to work as a unified whole to meet a common objective. This chapter is about the manner of integrating these components through various structures including integrating the project organizations (IPOs), public–private partnership (PPP) integration, system of systems integration of megaproject disciplines such as systems engineering and program management, stakeholder integration, and the development of a team of teams.
The exploration of the features of successful integration, the impact of effective integration on program performance, and developing integration of competencies in people are a primary focus of this chapter. To fully understand integration in megaprojects it is essential to review the public private partnership models which rely on good integration as a key to their success to learn what makes some PPPs successful while others face many challenges that cannot be overcome and ultimately may result in a failed or terminated project. Both the question whether PPPs are a success and the question what makes PPPs successful cannot be easily answered as the criteria for judging success can vary widely. Scholars have identified a long list of critical success factors for PPP performance that include risk allocation and sharing, strong private consortium, political support, community/public support, and transparent procurement (Osei‐Kyei and Chan 2015). The research also reflects two significant characteristics of successful PPP performance. One stream of research emphasizes the importance of contractual conditions: a well‐written contract, the possibility to impose sanctions, clear performance indicators, and the allocation of risks (Koppenjan 2005; Pollitt 2002). Another stream emphasizes the importance of relational characteristics such as trust, informal communication, and openness (Huxham and Vangen 2005; Poppo and Zenger 2002; Warsen et al. 2018, 2019).
Based on a comparative analysis of nine case studies concerning public private partnerships in the Netherlands, Koppenjan (2005) identified three patterns of partnership formation. The first is the successful formation of partnerships resulting in enriched projects. The second pattern is that of early interaction resulting in ambitious proposals for which there is no support. The third pattern shows ineffective market consultations followed by unilateral public planning, leading to stagnating contract negotiations. These patterns are caused by a number of generic factors. For example, an important explanation for stagnation is the lack of interaction. As a result, public and private parties will (i) fail to reach a common understanding, (ii) will be unable to contribute to the enrichment of the project content, and (iii) will fail to develop mutual trust.
Despite the dynamics and uncertainties in PPP projects, a good relationship and a shared understanding on agreements regarding the realization (and sustainability) of the project might help dealing with the issues partners face in PPPs. However, many PPPs do not succeed as planned. For example, a Special Report by the European Union Court of Auditors revealed the following:
Almost every large system is initiated with an intention of building something, which has new value to its stakeholders. Yet, turning this simple statement into reality is often problematic since the concept of value is not always explicitly defined or structurally incorporated in the formal frameworks of program planning and systems engineering (Patanakul and Shenhar 2009).
In 2011, the International Council on Systems Engineering (INCOSE) and the Project Management Institute (PMI) allied to change the mindsets of program managers and systems engineers. Both organizations believed that the two disciplines had established silos between them that blocked collaboration. The joint whitepaper, Toward a New Mindset: Bridging the Gap Between Program Management and Systems Engineering (Langley et al. 2011), identified the following challenge (Rebentisch et al. 2017):
While program management has overall program accountability and systems engineering has accountability for the technical and systems elements of the program, some systems engineers and program managers have developed the mindset that their work activities are separate from each other rather than part of the organic whole (p. 24).
Regardless of who was in authority, whose inputs were more respected and accepted, or who better understood the path forward, the silos focused each discipline on advancing its own approach toward delivering solutions to meet customer needs. The whitepaper goes on to say:
Historically, program managers and systems engineers have viewed the stakeholder problem entirely from within their own disciplinary perspectives […]. As a result, the two groups have applied distinctly different approaches to the key work – managing the planning and implementation, defining the components and their interactions, building the components, and integrating the components.
(Langley et al. p. 25)
A significant case where integration of the program management team and the systems engineering team resulted in positive outcomes involved the issue of water supply in Singapore. The Singapore water supply is managed in totality. Collecting rainwater, purchasing water, purifying water utilizing reverse osmosis, and desalination were all considered. Approaches included even incentivizing consumers to change their habits by making drains and canals recreational areas to encourage the public not to dispose of waste in their drains. By managing sewage and drainage together with water, environmental as well. By carefully adjusting organizational boundaries, Singapore has managed to reduce silo thinking and parochial interests. The relationships between the industry innovators, government, suppliers and users, and technology innovators create opportunities for Singapore’s water management. This demonstrates how multiple stakeholder interests can be combined and integrated to create a viable water management solution.
Continuous improvements through the use of technology and elimination of waste, such as reducing water that is not accounted for in the system, help to assure the sustainability of an adequate supply of water for a growing Singapore population. The importance of relationships between the stakeholders is also recognized. Industry innovators, political leadership, suppliers, and consumers are all involved; the program has been able to incentivize this diverse group to work together for a common goal, i.e., assuring the sustainability of an adequate supply of water for Singapore into the future (Chia 2008).
Through the years, Singapore has embarked on an integrated, effective and cost‐efficient way to meet the nation’s water needs with investments in research and technology to treat, recycle, and supply water. Singapore believes that everyone in the country has a stake in water – as a necessary resource, an economic asset, and an environmental treasure.
Utilizing systems engineering and taking into consideration the systemic structures and culture helped Singapore achieve its first milestone of supplying its own water resources. Singapore has been able to overcome the shortfall that would have come about with the expiry in 2011 of the first water agreement with Malaysia (Chia 2008). By 2060 when Singapore’s second water agreement expires with Malaysia, Singapore plans to expand the current water capacity to meet 55% of Singapore’s future water demand (Singapore PUB (2022).
All organizations are developed through an eco‐system of related and unrelated and formal and informal projects, programs, networks, alliances, partnerships, and functional operations. This eco‐system defines the organization’s structure. Because organizations are evolving systems, the structures within the organization continue to grow and change as the strategic goals of the organization change. Significant time has been spent on the development of new organizational paradigms that are “characterized by … decentralized decision‐making, greater capacity for tolerance of ambiguity, permeable internal and external boundaries, empowerment of employees, capacity renewal, self‐organizing units, and self‐integrating coordination mechanisms” (Campagnolo and Camuffo 2010).
To understand organizational and program integration better from a systems engineering perspective, early in 2011 a gathering of researchers from what would eventually come to be called the Consortium for Engineering Program Excellence (CEPE) at the Massachusetts Institute of Technology (MIT) and industrial partners met to explore the application of Lean principles to program management. The participants in this effort quickly expanded to include PMI and INCOSE with the goal to evaluate the level of integration and collaboration between program managers and chief systems engineers. Partnering with MIT’s Consortium for Engineering Program Excellence, the organizations conducted a series of studies to explore among other factors:
Box 6.1 Highlights some of the insights gathered from the research.
The difficulty of governing megaprojects with multiple interconnected systems leads to greater uncertainty and turbulence within the wider organization. The complexity of a project can be defined as a system in terms of the number and variety of components and interdependencies among them (Shenhar and Dvir 2007). Oehmen et al. (2015) in their study of program complexity from a system engineering perspective, define complex programs as “characterized by feedback loops and unforeseen emergent behavior that can spiral out of control, but are fundamentally still tractable by structure (if costly and time consuming) analysis” (p. 7).
Systems integration techniques originally were developed to manage and integrate complex weapons and space exploration projects (Hughes 2004; Morris 2000) but are now used in all types of projects including infrastructure, transport, agriculture, sports, and energy. Systems integration may be undertaken by the project organization or a prime contractor or can be implemented on a public project by the public sponsor(s) or an external company specializing in systems management.
Retired Navy Captain, Eugene Razzetti (2020) describes the relationship between systems integration and program management this way:
System Integration is an indispensable subset of Program Management. Programs become products, and products find their way to the Battlespace. They must perform as required (and sustainably) in the Battlespace; U.S. lives and missions may depend on it. If that product, be it a weapons system, platform, or a piece of communication equipment, fails – someone may not make it home alive.
Moreover, as described by Razzetti (2020), if a weapon system or platform has reached the Battlespace, it had better reflect the absolute best doctrines and efforts of proactive DoD program management. “Fight with what you have,” the unfortunate cliché in the briefing room remains the unhappy battle cry at the front. Program managers and contractors must recognize and support what warfighters already know all too well, that:
Systems integration refers to the work undertaken across organizational boundaries in interorganizational projects to integrate the systems that these projects deliver. As the world’s first dedicated systems integrator firm, for example, Ramo‐Wooldridge Corporation, in California, USA, worked across organizational boundaries on the Atlas missile defense project (following World War II) with the responsibility for coordinating “the work of hundreds of contractors and development of thousands of sub‐systems” (Mahnken 2008, p. 38). Yet separating responsibilities for systems integration from those of project management has not been successful on later projects (Hughes 1998). Systems integration, and the associated practices of interface management, are a natural locus for project management (Morris 2000).
Despite numerous failures, the literature also describes successful programs resulting from good systems governance and integration such as the Øresund Bridge linking Denmark and Sweden (INCOSE 2015, pp. 40–42); the NASA MARS Pathfinder program (Nicholas and Steyn 2008) and the I‐15 Reconstruction Program in Salt Lake City (FHWA 2011).
Miller and Lessard (2001) in their study of 60 large civil engineering programs (LEPs) describe the organizational structure of these programs, the shaping of a program, the program’s institutional framework, and the capacity of self‐regulation and governance. The up‐front effort involved in shaping the program so it can survive turbulence improves the chances of success, but this requires leadership and systems thinking (Miller and Lessard 2001). Müller (2009) discusses governance at the program and organizational level linking program and strategic management. As noted by Locatelli et al. (2014), for programs delivered in complex environments, the governance needs to be transformed from a corporate/program perspective to a “systems perspective.” As the authors describe, system governance increases the likelihood of program success.
An excellent example of systems governance is the Super Hornet Project developed by the U.S. Military that successfully exceeded cost, schedule, and technical requirements based on the integration of systems engineers and program managers (see Box 6.2).
The most important stages for developing a “systems perspective” are during the up‐front planning or earliest stages of the program planning (IEEE 2005; Miller and Hobbs 2005). For example, in the planning of the California High Speed Rail, the government has addressed the importance of a statutory oversight authority and a legislatively mandated risk management plan to integrate diverse organizations into one integrated team.
Closely related to systems governance is “systems thinking” – a method developed to understand how systems influence one another within the whole. Systems thinking is what distinguishes systems engineering from other types of engineering, and is the underlying skill required to perform systems engineering (Beasley and Partridge 2011).
The International Space Station (ISS) is perhaps the most famous of all systems engineering programs known for its convergence of science, technology, and human innovation. It demonstrates new technologies and makes research breakthroughs not possible on Earth. The space station has been continuously occupied since November 2000 and during that time more than 251 people from 19 countries have visited the space station with 155 from the United States and 52 from Russia (NASA 2021). This program crosses cultural barriers and raises all kinds of issues relevant to the integration of systems engineers and program managers including organizational integration, knowledge sharing, leadership, and team trust. Over the years NASA has had to develop expertise in systems engineering while keeping up with all of the technology issues and challenges faced by this daunting laboratory in space.
In relation to the major cost and schedule issues, the systems engineering challenge on the ISS was equally monumental. NASA had to quickly learn how to adapt its system engineering approaches to include an awareness of those of the international partnership (Stockman et al. 2010). Essentially, NASA had to learn how to operate as a “managing partner” to accommodate its international partners (IPs) including different perspectives on approaches, designs, and operational risk and safety. A major integration effort was involved in developing the partnership agreements, allocating costs and usage rights, and determining operational control. Under the new ISS partnership, NASA was concerned about maintaining schedule and cost on the ISS program because failures would not be tolerated by the U.S. Congress. Initial program strategy was for no IP to be on the critical path, which would allow NASA more control to reduce risk. As it turned out, however, the Russians ended up providing the first two major modules that were at the front of the critical path. NASA was the first IP among equals, with each board chaired by the NASA representative. In cases where consensus could not be reached, the NASA representative technically had the right to decide for the board; however, this right was rarely used in practice.
NASA had to solve many major systems engineering challenges. It had to figure out how to coordinate and integrate all of the IPs and their highly integrated modules. While it was not easy, NASA eventually worked out a process that addressed the concerns of multiple countries with differing cultural and engineering approaches to major program development and execution. NASA’s lessons learned report issued the following recommendations for NASA systems engineers (Stockman et al. 2010):
Coordinating the inclusion of the international partners whose system engineering approaches differed significantly was a major challenge of the ISS program. The problem was summed up well in a 1969 speech by Robert Frosch prior to the ISS and prior to becoming NASA Administrator:
I believe that the fundamental difficulty is that we have all become so entranced with technique that we think entirely in terms of procedures, systems, milestone charts, PERT diagrams, reliability systems, configuration management, maintainability groups and the other minor paper tools of the “systems engineer” and manager. We have forgotten that someone must be in control and must exercise personal management, knowledge and understanding to create a system. As a result, we have developments that follow all of the rules, but fail… . Systems, even exceptionally large systems, are not developed by the tools of systems engineering, but only by engineers using tools.
(NASA 2010)
The lesson here is that whether you are a systems engineer or a program manager you cannot rely on tools to understand how program performance and organizational value is measured and controlled, but instead must rely on leadership skills that encourage an environment of inclusivity, collective creativity, shared ownership, and large‐scale transformation.
An important example of integration in program delivery that is often overlooked is the integration of the program team with the organization that will eventually operate the program. We can build the perfect program on schedule and budget, but if we fail to integrate the program with the operating organization, the program can ultimately be deemed a failure. As an example, Heathrow Terminal 5 (T5) was a megaproject that was on schedule and on budget since construction began, defying all the trends of previous megaprojects in the United Kingdom (Davies et al. 2009). T5 was seen as the first step in the regeneration of London’s main airport in preparation for the 2012 Olympics. However, on the day the Terminal opened, what was to be a grand celebration instead turned into a national disaster due to baggage delays, temporary suspension of check‐in, and the cancellation of 68 flights. This failure has been attributed to among other things a lack of systems integration and coordination between the program and the operating organization – each operating as separate systems. Once program management on Terminal 5 thought they surmounted the considerable issues related to building such a vast and technologically sophisticated terminal they suffered from technological hubris and forgot about the people issues related to the successful functioning of any large technical system (Brady and Davies 2010).
What really failed in the Heathrow Terminal Case Study was Integrated Project Delivery (IPD). The concept of IPD as defined by the American Institute of Architects (AIA), is a project delivery approach that integrates people, systems, business structures, and practices into a process that collaboratively harnesses the talents and insights of all participants to optimize program results, increase value to the owner, reduce waste, and maximize efficiency through all phases of design, fabrication, and construction (AIA 2008). If there is little integration between the program and operations the final outcome is almost certain to fail. Ironically, Heathrow Terminal 5 was a model in systems integration in many ways, yet the outcome was a failure due to the discontinuity in one of the most important areas of integration, program delivery.
Integration is important in all aspects of a program because it fosters collaboration, and collaboration fosters knowledge and trust – key elements of program success. In every megaproject, there is a need to integrate the processes and systems required to deliver the program with those involved in the operations of the program’s end result (Davies et al. 2009). Recognizing the complexity of the delivery process in Heathrow Terminal 5, the CEO in his testimony before the House of Commons stated:
… with the benefit of hindsight, we might have adopted a more humble position, given the track record, (of other airport opening disasters) and it was unfortunate that we created an expectation of perfection in what was an extremely complicated programme.
Testimony of Colin Matthews, BAA CEO in House of Commons Transport Committee (HCTC) (EV 5) (2008)
The London Olympics is another example of integration of a large, complex system megaproject that had achieved some success through a system of systems model (Davies and Mackenzie 2014). The construction program for the 2012 London Olympics broke down into many individual projects and was managed as a program similar to most megaprojects. The construction program consisted of more than seventy projects (planned, approved, and managed by principal contractors), including fourteen temporary and permanent buildings, 20 km of roads, 26 bridges, 13 km of tunnels, and 80 hectares of parkland. At the level of system of systems, a structure and process were established with capabilities to understand the total system, manage external interfaces with multiple stakeholders, coordinate the progress of the overall program, and help manage individual system projects.
Davies et al. (2009) research underlines the importance of developing a system of systems integration capability to manage the most complex type of system megaproject. In addition to the technical and managerial capabilities required to design and integrate individual systems (Shenhar and Dvir 2007), a wider role of systems integration is required to manage the interfaces between multiple systems within a program, and between the system as a whole and external environment within which it is conceived, developed, and delivered (Davies and Mackenzie 2014).
During the peak construction years on America’s largest inner‐city highway project, the Central Artery Third Harbor Tunnel Project, popularly known as the Big Dig, changed the project structure from a traditional program management model into an integrated project organization (IPO) as shown in Figure 6.2.
An IPO is an organization where both the owner’s employees and the management consultant’s employees work under one organization structure. This change was made because management decided that an integrated organization would enhance collaboration and reduce conflict at a time when it was desperately needed. The change involved challenges as the project had multiple employers each with different policies and procedures and work cultures. As shown in Figure 6.2, the integration meant that employees of one employer would be reporting to the senior staff of another employer. This transition to an IPO was made in 1999, just as construction activity was peaking. Ideally, an IPO should have been established at the commencement of the project to ensure its full benefits (Greiman 2013). From the project perspective, the IPO solved many implementation problems and created greater efficiencies; however, this transition to the IPO was met with mixed reviews from the oversight perspective. In its Report on the Big Dig, the National Academies stated (BICE 2003): “The implementation of the IPO has complicated the control of expenses for the B/PB management‐consultant team.” One of the criticisms of the Big Dig during the process of integration was the loss of independence between the public‐ and private‐sector managers of the project. Working as one integrated team has many advantages but the oversight function requires a separate independent structure (BICE 2003).
The introduction of the integrated team simplified accountabilities and created a framework for the collaborative tackling of challenges throughout the project, whilst ensuring Crossrail could recruit the best person for any particular role.
— Bill Tucker, Central Section Delivery, Project Delivery Partner
The Crossrail project is the biggest infrastructure project in Europe. It required the construction of 118 km of new railway from Shenfield and Abbey Wood in the East to Heathrow Airport and Reading in the West, including the construction of 10 new stations. Crossrail operates as an integrated team with staff from Crossrail Limited, the Program Delivery Partner, and the Project Partner. Each organization has its own recruitment processes and procedures as well as terms and conditions for staff.
Crossrail has defined its governance at two levels:
Crossrail has implemented processes and procedures to streamline the recruitment of the integrated team. A learning legacy paper on Recruiting for an Integrated Team reviews Crossrail’s approach to working with multiple partners to secure the right person for the right role (Kosowski 2016). Crossrail also implemented processes and procedures to bring people from multiple organizations, with different terms and conditions together so that they can work in an integrated way as one team. This process is outlined in the People Strategy paper (Pascutto 2016). With staff from different employers, subject to different processes, the integration allowed for the development of processes to manage change and secure the right person for the right job. Crossrail was required to plan for and manage organizational change throughout the project lifecycle.
In contrast to the Big Dig one of the core principles of the governance structure for Crossrail is the clear separation of the sponsor group (or commissioning body), the delivery body (or executing body) and the users. In Crossrail’s case, the sponsoring group comprised the two main funders, the delivery body was undertaken by the executive board of Crossrail Ltd (supported by the project management team and supply chain) and the users are the operational team (Figure 6.3). This separation is vital as some organizations, e.g., Transport for London, have a role in each of these elements so clarity of reporting and accountability line is essential. CRL has put prominence on core governance principles such as:
An important form of integration over the past several decades in public megaprojects has been the public private partnership. A PPP is defined as “any contractual arrangement between a public entity or authority and a private entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility.” It includes brownfield and greenfield projects as well as performance‐based management contracts (WBG 2016). Figure 6.4 shows the general responsibilities of the private sector and the government in the management of a PPP though roles can vary depending on the needs of the particular investment. Public private partnerships serve as a resource for much needed technical expertise but also to fill gaps in financing. A PPP will only work if the project environment is right for the development of a public private partnership. Figure 6.4 highlights the different roles of the private sector and the public entity though these can vary from one project to another.
Over the last several decades, the United States has experienced increased private involvement in infrastructure investment, development, and management – particularly in the transportation sector through PPPs. This contemporary activity has rekindled interest in public–private arrangements for infrastructure that were common in the nineteenth and early twentieth centuries but fell dormant until the 1990s (Clark and Hakim 2019). According to the World Bank, investments in PPPs have grown in absolute terms since 1991 with two notable periods of expansion and one period of contraction. Countries turned to PPPs throughout most of the 1990s, during which time there were massive commitments. PPPs grew steadily from $7B in 1991 to $91B in 1997, when governments felt the repercussions of the Asian financial crisis (1997–1998). When the global economy picked up steam in the mid‐2000s, a second growth phase culminated in record investment of $158B in 2012 (WBG 2016). This second growth phase was unaffected by the global financial crisis of 2008 because many countries increased the public share in the financing of infrastructure projects to help boost investment. A significant decline of about 40% occurred in 2013. Since then, however, investment commitments in PPPs have grown, albeit slowly, reflecting the overall slowdown in key emerging markets, particularly Brazil and India (WBG 2016).
Fragility, conflict, violence, and weak institutions are critical development challenges that have affected many countries. In 2018, a WBG Report entitled, The State of Infrastructure Public‐Private Partnerships in Countries Affected by Fragility, Conflict or Weak Institutions indicated that a total of 61 countries had been identified as an “Expanded list of Fragile and Conflict‐Affected States” (EFCS). Economic and financial conditions, business environment, and rule of law are usually weaker in EFCS countries, raising private sector investment’s risk in infrastructure projects. PPP markets in these countries therefore tend to be less developed (WGB 2018). Despite the less conducive environment, the 2018 WBG Report finds that for the period of analysis (2012–2016) some EFCS countries were able to bring projects to the market, and another few were able to create a PPP program.
The World Bank’s Private Participation in Infrastructure1 first half‐year (H1) Report shows clear signs of recovery in infrastructure investment since the first wave of the pandemic. In 2020, COVID‐19 brought the infrastructure sector to a near standstill, with investment levels at historic lows since the inception of the PPI database. Although the pandemic continues to cause global disruption, investment levels are partially returning to pre‐pandemic levels in many countries, indicating that the infrastructure business is slowly adopting to a new normal amidst the pandemic. As countries plan their recoveries, including the use of infrastructure spending to stimulate post COVID‐19 economies, it is important for countries to ensure that proposed new infrastructure investments are green, resilient, and inclusive (WBG 2021).
As countries plan for increased megaproject activity, public private partnerships will fill a critical need. To ensure that a public private partnership can succeed, the structure and laws governing public private partnerships will need to be evaluated to make sure the necessary protections for the private sector partner(s) are in place.
PPP (P3) opportunities are assessed in different ways by public procurement processes, intergovernmental organizations, multilateral banks, and private investors. Organizations use different analytical tools and data to better understand the concepts, inputs, key assumptions and outputs from evaluations of risk, financial feasibility, benefit‐cost, and “value for money” analyses to compare the aggregate financial benefits and costs of a P3 alternative with conventional procurement. The following tools are commonly used in the evaluation of a P3.
Multilateral banks such as the World Bank, the EBRD and the Inter‐American Development Bank use a number of financial ratios to test the financial viability including:
The typical structure of a PPP is shown in Table .6.1
The development of a PPP process can be complex and time consuming and must comply with local and national laws to ensure that the agreement will be legally sound and enforceable if disputed by the parties themselves or a third party that has an interest in the project. Box 6.3 provides an example of the PPP process in Ethiopia, yet it is similar to many of the requirements for approval of PPPs in both developed and developing countries (Ethiopia 2018). One of the key aspects in ensuring that a public private partnership will be viable is the openness and transparency of the procurement process for the selection of the private sector partner. Any failure to follow the tender procedures may result in revocation of the PPP agreement at a later date.
Table 6.1 Structure of a public–private partnership (PPP).
Typical structure of a PPP |
---|
Involves a contract, or concession agreement, between a governmental agency and a private entity to design, build, finance, operate, and/or maintain a facility; |
Where the private entity is often a special purpose company (SPC) established exclusively for the intended functions and a number of private firms provide funds or services to the company; |
Typically have contract durations of 10 years or more; |
Include a financing package that the SPC puts together comprised of equity from the company’s sponsors and debt provided by bonds or commercial loans; and |
Equity and debt are secured solely by the revenue stream that the SPC receives from the facility/project. |
The structure of a PPP program can vary widely depending on the financial, economic, social, technical, and legal analysis. In some countries, the PPP development may involve a two‐step process. As shown in Figure 6.5, the PPP should be structured first at the program level which usually requires establishment of a statutory and regulatory authority which defines the public and private obligations and returns, develops capabilities and determines a procurement approach. The PPP at the project level requires preliminary project planning, eligibility of PPP, solicitation of proposals, and procurement and team integration and development. This is generally a negotiated process whereby the government entity will have certain requirements that may be established by law or regulation and the private sector will have certain requirements based on an analysis of their business case.
Although PPPs are popular in many European countries and in many developing countries where the infrastructure needs are greatest and financing is scarce, P3s have gotten off to a relatively slow start in the United States. However, they are increasingly used for large‐scale infrastructure and public works projects, particularly highway projects. Many P3 projects in recent decades have been extremely successful. For example, the high‐occupancy toll lanes project in Virginia involving several private sector firms, resulted in cost savings in the millions of dollars. In addition, the collaboration between government and private partners brought expanded highway capacity online years earlier than a traditional government‐does‐all approach might have done. A key element of these contracts is that the private party must take on a significant portion of the risk because the contractually specified remuneration – how much the private party receives for its participation – typically depends on performance with incentives sometimes given for better than expected performance. Table 6.2 provides a list of some of the typical advantages of a PPP along with the challenges though every project has some unique advantages and challenges depending on the complexity and uncertainty that exists, particularly in megaprojects.
The number of projects using PPP as a model of service delivery has increased in Emerging Markets and Developing Economies (EMDE). Between 2004 and 2013, G‐20 (Group of 20) countries accounted for 14 of the top 20 countries in terms of PPP project numbers, based on PricewaterhouseCoopers (PwC) analyses. Of those, three countries (China, India, and the United Kingdom) accounted for almost half of the total number of projects carried out by the top 20 countries. EMDE have tended to focus on more‐fundamental economic infrastructure such as energy and transport, while high‐income countries have implemented social infrastructure PPP projects, such as schools, hospitals, and leisure facilities. In EMDE, there is a steady and recognizable demand for investment in PPP infrastructure (WBG 2021).
Table 6.2 Advantages and challenges of a PPP.
Advantages of a PPP | Challenges of a PPP |
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|
|
Though the demand for PPPs can be great to make otherwise unviable projects bankable, the supply side is equally important. In other words, PPPs require the right projects to make the financing structure viable, they must have a regulatory environment with sustainable goals and they must also be able to attract the right kind of technical expertise combined with the ability to have a reliable revenue source that will be available throughout the expected life cycle of the project and beyond (WBG 2016). Box 6.4 highlights the PPP challenges in constructing Delhi Metro Rail.
In order to make a PPP workable, the potential cash flow and revenue stream must be economically sound and predictable to the fullest extent possible (CRS 2020). Without a reliable revenue stream, a PPP will not be viable. Some PPP projects are funded wholly or primarily through user payments. This is most common in economic infrastructure sectors such as toll roads and electricity payments. Other PPP projects are funded wholly or primarily through government sources. This is the case in most social infrastructure projects, but government payments also occur in many economic infrastructure projects. For some forms of economic infrastructure (such as rail transport or water), a PPP project may be just one component of a broader network or service that is operated by another entity (the incumbent operator) and the user is paying that operator for the final service (transportation, water supply to homes). Examples are HSR projects in Europe (mainly in France and Spain), or wastewater and treatment projects (WWTP) and purification plants where the water is taken off by a public water authority that operates the service. For other projects, where it would be possible to charge the user for the use of the infrastructure contracted under the PPP (e.g., a road), it may be decided that no charge will be applied (that is, it would be a toll‐free highway). That is a public finance decision as to whether the project should be funded through user charges to the specific users or through utilizing tax revenues to make government payments (the tax revenues could be derived from usage‐related taxes, such as a fuel tax, or from general tax revenues). Examples are found worldwide, including in Canada, Hungary, Mexico, Spain, and Portugal.
A common form of revenue sourcing in the energy industry is the power purchase agreement between a producer of energy and an offtake purchaser know as a take‐or‐pay contract. Offtake Agreements significantly increase the likelihood of project loan approval by reducing long‐term project risk and offering stable cash flow for many years. To attract PPP investors and lenders a project must have a viable economic structure. This means there must be sufficient funds to cover the debt ratio as well as to provide a reasonable return on investment to project equity holders. Depending on the type of project, generally revenue is secured from user fees, government guarantees or publicly funded sources, or in the case of energy projects possibly through an offtake purchaser such as an electric or telecommunications company. Whatever, the source of financing it must be secured before project financing documents can be completed. Key features of a power purchase agreement in Vietnam are highlighted in Box 6.5. This document provides a form of guarantee for the project sponsors and lenders, but also provides for allocation of risk and transfer of liabilities under certain agreed upon circumstances. The power purchase agreement is an essential document to make a project bankable when user fees contain more uncertainty. Box 6.6 highlights the characteristics of some successful PPP projects in Hong Kong.
Privatization of the world’s water supply has been subject to controversy in Europe and other parts of the world for some time. At the European level, consistent with the definition of water as a public good of fundamental value for all Union citizens (EC 2014), water is lately at the center of a debate on a return to public management of water (Novaro and Bercelli 2017). The new European regulatory framework seems to widen the range of opportunities for the adoption of public management models for water control: on one hand, by excluding water services from the application of the market‐oriented rules governing the concession contract; on the other, by extending the application of the in‐house providing scheme (p. 2385).
France could be described as the birthplace of water privatization. Private companies have run French waterworks to one degree or another since the Napoleonic era (Godoy 2003).
Private water firms have had a dominant role in France for more than a century and in England and Wales since the 1989 Thatcher privatizations. Private utilities also have significant market shares in Spain, Italy, and Denmark, but attempts to privatize water elsewhere have met major resistance and support for public ownership has been growing across Europe for more than a decade.
The risks of privatization, of water resources according to a report by Léo Heller, former United Nations special rapporteur on the human rights to safe drinking water and sanitation, include unaffordability and unsustainability, possible deterioration of services, and increased opportunities for corruption (Heller 2020).
With water‐related hazards on the rise and the number of people experiencing water stress increasing, experts say the need for better water management is key. Yet, access to clean water still eludes 76% of people in sub‐Saharan Africa. Sometimes, according to Aminata Touré, former prime minister of Senegal and a member of Sanitation and Water for All’s Global Leadership Council, the private sector is the one with the tools and capabilities to access water that may be hard to reach (Root 2021). According to the World Bank (2016, p. 33) project cancellation rates vary greatly among sectors – for instance, deals in transport (5.1%) and water (5.7%) have a much higher cancellation rate than those in the energy sector (2%). With the lowest cost recovery among all sectors, it should be no surprise that water has the highest rate of cancelled investment commitments at 28.3%. In addition, the water sector has been plagued by the negative perception among stakeholders that water supply should not be provided by the private sector (WBG 2016). The impact of the pandemic has underscored the importance of strengthening key provisions in PPP legal frameworks to ensure that resilience to global disasters, such as pandemics, and other kinds of external shocks is strongly integrated in PPP projects and programs’ (WBG 2021).
The realities of the private sector marketplace exert a powerful discipline on businesses to maximize efficiency and take full advantage of business opportunities. Successful PPPs enable the public sector to access the discipline, skills and expertise of the private sector.
The Luis Muñoz Marín International Airport in San Juan, Puerto Rico, was privatized in 2013 through the U.S. Federal Aviation Administration (FAA) Airport Privatization Pilot Program (APPP) (FAA 2022). The partners involved were the public airport owner, Puerto Rico Ports Authority, the Puerto Rico P3 Authority, and Aerostar – a 50–50 venture between Highstar Capital, an infrastructure investor, and Grupo Aeroportuario del Sureste SAB de DV, which operates nine airports in Mexico. The process took four years to complete and resulted in a 40‐year lease under the Aerostar name. The privatization of San Juan’s Luis Munoz Marin International Airport demonstrates that privatization can occur in the United States if both the public and private sectors see that the benefits outweigh the costs. Meanwhile, instead of privatization under the APPP, many public sector airport owners have engaged the private sector through a variety of partnerships ranging from management contracts to development agreements to help reduce costs, improve services, and obtain capital investment without transferring airport control. While privatization may be an option for those public‐sector airport owners that determine the potential benefits outweigh the costs, the current structure of the U.S. airport system provides for a broad range of private‐sector participation making the need for full privatization less likely (CRS 2021).
The Reason Foundation in a study for the World Bank described private provision of transit services in three forms (Feigenbaum 2019). The purest provision – privately financed, operated, and maintained services – is limited to locations in which operating transit services can turn a profit. Thus far that has been limited to cities with a population density of 10 000 people or more per square mile. These include dense Asian cities such as Hong Kong and Tokyo, as well as other densely populated cities such as Mexico City and Cairo. As these are the only places in the world where transit systems can be operated profitably, there are a limited number of truly private services.
In a second type of private service, the public sector procures a contract with the private sector to design, build, finance, operate, and maintain service. These public–private partnerships (P3) are becoming an increasingly popular method of building new rail lines. Some experts believe that they could be used for bus rapid transit lines as well. P3s have a track record of producing a higher‐quality, lower‐cost transit solution compared with public management. Most popular in parts of Europe and Latin America, P3s for transit are now being used in Canada, the United States, and the Middle East. Most transit P3s use some amount of public funding to help build and/or operate the service.
A third option is for the private sector to plan and operate transit service via a competitive service contract, often called tendered service. Public entities will choose to contract different service provisions including operations, service planning, and maintenance to a private entity. These public agencies seek requests for qualifications and requests for proposals from several consortiums. They select between three and five finalists and award service to the team that offers taxpayers the best overall value (Feigenbaum 2019).
The U.S. Department of Transportation sets forth detailed guidance in its Public Private Partnership (P3) Procurement Guide for Public Owners (USDOT 2019). There are rare exceptions to the open bidding process in a public project and they are usually set out in law or regulations. For example, if a project requires unique technical skills and engineering knowledge not readily available in the market, the public sponsor may seek a waiver or may pursuant to statute seek a sole source for the project without having to go through a public bidding process.
Or, as illustrated in the public procurement for the I‐495 Capital Beltway High‐Occupancy Toll (HOT) Lanes project in the Washington, DC area in Box 6.7, an exception may come about by an initial solicitation of a proposal by the private sector and no other bids are forthcoming illustrating the process for an unsolicited proposal.
Another example of private procurement for public transportation projects, is the Seoul Metro System, considered one of the best in the world (Railway Technology 2020). The subway is funded by the Macquarie Korea Infrastructure Fund (MKIF). It is the first private investment in the subway system. The company has made investments in the form of equity and subordinated loans. MKIF has a concession term of 30 years, starting from July 2009. On a daily basis, Seoul’s subway system serves more than 7 million passengers, compared to Beijing’s 6.74 million, Tokyo’s 6.22 million, and New York City’s 5.47 million. Seoul also has the highest number of subway stations in operation, comparable to New York City (468 stations) and Paris (301 stations); and a significantly longer track length than Beijing, London (415 km), and New York City (368 km) (Warsen et al. 2018).
An essential aspect of all PPP projects is addressing the concerns of the local community. It is rare when a community project does not have an impact in some way on people’s lives, property or way of life. They must be constantly analyzed and observed for potential risks that may emerge to mitigate the risk at the earliest possible time (IFC 2019). Some of these concerns include:
Social infrastructure P3s, like transportation and environmental P3s, present unique procurement and contracting challenges for state and local governments. Social infrastructure P3s are strictly speaking neither construction contracts nor service contracts; they are both. This dual construction/service nature is frequently at odds with the procurement and contracting statutes, ordinances and regulations of many state and local governments. For this reason, the Government Finance Officers Association (GFOA) recommends that states pass P3 enabling legislation. As of 1 September 2018, 37 states had passed some form of P3 enabling legislation (NCSL 2019). Unfortunately, the majority of this legislation restricts the use of P3s to transportation projects only or makes no specific provisions for social infrastructure. Consequently, only a few states have P3 enabling legislation that applies broadly to social infrastructure, but there is increasing interest in moving toward a more socially friendly PPP structure (Clark and Hakim 2019).
Importantly, one critical issue that is emerging with the rapid development of PPPs is how sustainability could be enhanced through the PPP concept (Osei‐Kyei et al. 2019). Sustainability is a global issue and its use in PPPs has become essential considering the impact that PPPs have on society. Recently, the adoption of social responsibility (SR) initiatives in PPPs has become critical to avoid resistance and opposition to major megaprojects. They also add economic value that is often not understood by the partnership and therefore not incorporated in benefit‐cost analysis in the early stages of the project. Osei‐Kyei et al. (2019) through their study of social responsibility in PPPs provide the following useful recommendations for enhancing sustainability in practice:
The PPP model is based on three principles: risk allocation and transfer, affordability, and value for money. Traditionally, PPPs have been leveraged for hard service development such as infrastructure development. The advancement of technology within the context of the Fourth Industrial Revolution (4IR) has created new opportunities and risks for PPPs as important mechanisms for the promotion of development. The 4IR has implications for government service delivery, which have brought about an increased demand for service delivery innovation and the development of information and communications technology (ICT).
Globally, countries are at different stages of enacting public private legal frameworks and public private partnership laws and regulations with some having no formal framework while others have dedicated PPP units. As an example, in Australia, only three state/territory governments (New South Wales, South Australia, and Victoria) have established a dedicated unit. Other states and territory governments (i.e. Tasmania, Western Australia, Australian Capital Territory, Northern Territory) do not have a dedicated PPP units and place responsibility within their finance ministry more generally. In the United States responsibility for public private partnerships lies with three entities – The U.S. Department of Transportation, Federal Highway Administration (FHWA), the Department of State, Global Partnership Initiative and the National Council for PPP.
Table 6.3 provides an overview of public private partnership legislation in six countries demonstrating the distinctions and similarities among these laws. PPP frameworks and delivery methods come in a variety of forms ranging from concession agreements to models of delivery that include Design Build, Design Bid Build, and Build Own Operate and in some countries PPPs are industry specific. Examples of PPP projects are included along with some of the special provisions of the legislation that may create challenges for the private sector. The context of the PPP environment must be carefully analyzed in a given country to ensure the viability of privately financed projects in that country.
In this chapter, an overview of the successes and the challenges of building an integrated project organization, an integrated systems approach, and integrating project disciplines including systems engineering and program management and building global PPPs was presented. The PPP structure is a commonly recognized approach to financing infrastructure where public funds are insufficient to fund these costly undertakings and greater technical skills are needed that the government owner can provide. The framework for PPPs must be reviewed in each country so that the political, technical, financial, social, and economic risks can be properly assessed. The viability of a PPP project depends on the experience of a particular country the project selection process, preparation for the partnership, and the reliability of the project revenue stream among other factors.
Table 6.3 Public private partnership legislation.
Source: Adapted from Country PPP legislation.
Country/PPP law | Form of PPP | Special provisions | PPP projects |
---|---|---|---|
Bosnia and Herzegovina Law on Concessions of Bosnia and Herzegovina (Concession Law) Book of Rules on Request Submitting Procedure and Concession Granting Procedure (Procedure Rules) Sectoral Law: Law on Public‐Private Partnership in the Republic of Srpska | Concession | Public invitation for prospective bidders. The Conceding Party shall submit to the Commission on Concessions (Commission) an RFP for approval. (Concession Law, art.22, art.23; Procedure Rules, art.8, art.9, art.10). The Commission may decide to open an international tender, depending on the value of project, the need to engage specific and modern know‐how and technology, project financing structure and other cases when the Commission considers a project of particular importance. (Procedure Rules, art.13) | Infrastructure sector ‐ Telecom Telekom Srpske Infrastructure sector – Power EFT Stanari Coal Plant Infrastructure sector – Telecom HT Mobilne Komunikacije d.o.o. Mostar |
Ethiopia Ethiopia enacted a new Proclamation No. 1076/2018 facilitating Public‐Private Partnership (PPP). PPP Board, and a PPP Unit within the Ministry of Finance, PPP Directorate General, PPPDG | Concession DBOT DBFM BF OM DB | The goals of the law are to enhance transparency, fairness, value for money, and efficiency through the establishment of specific procedures. The private sector will submit bids through an open bidding process | Expressway Project, Mieso‐Dire Dawa, 445 million Oromiya and Somali Hydro Power Project Tams, 3.36B, Gambella Regional State Solar Projects, Wolenchiti, 165 million, 150 MW, Oromiya Regional State |
India There is no specific legal or statutory framework for PPPs at the central level. However, a few states (for example, Punjab) have State Acts that govern construction contracts and have their own statutory tribunal where disputes are resolved. Government of India has set up Public Private Partnership Appraisal Committee to streamline appraisal and approval of projects. Transparent and competitive bidding processes have been established | There is no typical procurement/tender process in PPP transactions in India. All government tendering is governed by the guidelines laid down by the Central Vigilance Commission to ensure transparency and avoid corrupt practices, and the leading lending agencies such as the World Bank and other multilaterals | There are no standard forms for PPP projects. However, various authorities do have approved formats, which are regularly amended. For example, the National Highways Authority of India (NHAI) has its own format which is regularly updated and amended | Mundra Ultra Mega Power Plant L&T Hyderabad Metro Rail Private LimitedGMR Kishangarh Udaipur Ahmedabad Expressway Limited |
The Netherlands PPP projects are usually tendered, making use of existing (EU‐based) procurement legislation. There is no formal PPP Law in the Netherlands. (PPPLRC 2022) | The vast majority of PPP projects in the Netherlands including private financing (DBFM or DBFMO) are tendered by the central government | The Dutch government does not provide financing or guarantees for PPP projects. It does accommodate private financing, for instance, by agreeing to enter into a direct agreement with the financiers of the project. In addition, the standard DBFM(O) contracts contain detailed provisions dealing with the repayment of financing costs in case of early termination of the project due to, for instance, force majeure or a breach of contract by the contracting authority | Construction and reconstruction of the Second Coen Tunnel (DBFM). Construction and reconstruction of the A15 Maasvlakte‐Vaanplein motorway (DBFM). Reconstruction of the A2 Hooggelegen (alliance). |
Thailand 2562 (2019) (PPP Act) was enacted to govern public private partnership (PPP) projects in Thailand and provide a transparent framework for the development and delivery of such projects | Concession Joint Venture Build‐Operate Transfer Build‐Transfer‐Operate A joint venture (JV) led by Gulf Energy Development Plc will develop Phase III of Thailand’s Laem Chabang port following a new deal signed with the national authority | International Standards Transparent Procurement Procedures, including negotiation. A direct agreement entered into by and between the private entity, the financiers and the procuring government agency to increase the bankability of the project – is allowed | U‐Tapao Airport and Eastern Airport City Part of the combined U‐Tapao and Eastern Airport City project. The aim is to establish a third main international airport in Thailand High Speed Rail Connection In October 2019, the State Railway of Thailand signed a public–private partnership agreement with a consortium led by Thailand’s Charoen Pokphand Group, which also included investors from China and Japan Laem Chabang Port Phase III Creation of a deep‐sea port and other facilities. The Bang Pa‐in‐Nakhon Ratchasima Intercity Motorway (M6) |
Vietnam The Law on Public‐Private Partnership (the PPP Law) effective from 1 January 2021. (Steelberg 2021) | The following delivery methods are accepted: BOT BTO, BOO, O&M BTL, and BLT, but no longer include BT. Can issue bonds without waiting period | Vietnamese Law is mandatory and only standard form contracts are permitted and international law and the commonly used English or Singaporean contract law including liquidated and consequential damages is no longer permitted | The first two BOT power plants built comprised one (Phu My 2.2) that resulted from a World Bank‐assisted tender, and one by investor proposal (Phu My 3). The next built was Mong Duong 2, also investor proposed. Currently under construction is Nghi Son 2, which resulted from an IFC‐assisted tender |
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