mag. martin oder, ll.m
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OECD/SIGMA “ Concessions and Public Private Partnerships” Ankara, 10-11 March 2008 Case Studies from Technical I nfrastructure S ectors -Highways Sector. Mag. Martin Oder, LL.M. Case study – Highways. Austria: A5 Eastern region – concession model Preparatory stage - PowerPoint PPT PresentationTRANSCRIPT
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Mag. Martin Oder, LL.M.
OECD/SIGMAOECD/SIGMA
““Concessions and Public Private Partnerships”Concessions and Public Private Partnerships” Ankara, 10-11 March 2008Ankara, 10-11 March 2008
Case Studies from Technical Infrastructure Sectors -Case Studies from Technical Infrastructure Sectors -Highways SectorHighways Sector
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UCase studyCase study – Highways – Highways
Austria: A5 Eastern region – concession model
- Preparatory stage- Decision-making process- Scope and shape of project- Time schedule- Main procedural and contractual
issues
Preparatory stage – shaping of first road Preparatory stage – shaping of first road PPP project on political levelPPP project on political level
Working group on road infrastructure financing 2002 (Interest groups)
Ministry of Transport, Innovation and Technology – Steering Committee PPP 2003 (with help of external experts)
Discussion on most suitable model: IPP vs.
concession model
procurement law Scope of procurement
financing
accelerationrisk transfer
debt
Ministry of Transport – Steering Committee PPP Oct. 2003
CONCESSION MODEL
Resolution of the Council of Ministers Dec. 2003
Scope of projectScope of project
• First road PPP-project in Austria• Estimated construction costs € 800 m• Project size: too big in terms of seize
and value?• 4 EIA procedures for different parts of
road: different planning and approval status
• Financing issues: ASFINAG financing vs private financing
• Bankability
-
51 km motorway, 1 tunnel (2km)
Project leader
Infrastructure
working group
EconomicsFinancing
working group
Law
working group
Ministry of Transport
– MoFManagement board
of ASFINAG
Core technical planning team
OstregionAdvisors &
experts
Advisors & experts
Project setupProject setup
ASFINAGSupervisory board
Advisors & experts
Task sharing within the project teamTask sharing within the project team
Infrastructure Financial Law
Functional output specification for construction, operation, management and maintenance
Traffic forecasts as basis for revenue models
Concession model
Risk allocation
Risk valuation
Business plans
Revenue models
Econ. planning tools
Tender evaluation
Award procedure
Concession contract
Interface to BMVIT and authorities
EXTERNAL CONSULTANTS
Interdisciplinary
Haslinger / Nagele & Partners
Doralt – Seist - Csoklich
KPMGTechnical consultants
DonauConsult, Zottl & Erber ZT GmbH
Project sProject structure – Concessiontructure – Concession model model
sponsors (equity)
lenders (debt)
Concessionaire(SPV)
planning & construction
maintainance & operation
Art of Association
Loanbond
subcontractors
concession contract
Republic of Austria
Dire
ct
Ag
reem
en
t
• Financing through debt (90%, loans and bonds, EIB & Dt Bank) and equity (10%)
• Remuneration upon completion and opening of road to traffic through cash-flows from project only
• Non-recourse project (no contingent liabilities on sponsors)
• Concession lifetime: ~33 years
• ASFiNAG: no stake in SPV, only monitoring and control function
• Fair risk allocation
Time scheduleTime schedule
May 05
Determination of „preferred bidder“: 8 months
Time limit for submission of bids:
6 monthsPreparation period: 12
months
- Planning, EIA procedures
- Conception of model: definition of project scope, determination of financing model, ......
- Preparation of prequalification documents (PQQ, project information brochure)
- Preparation of tender documents (esp technical output specifications, financial/business requirements, draft concession contract)
Negotiations with all three bidders
submission of requests to participate by candidates
Award decision
timeline (not according to scale)
financing documents by preferred bidder: 2 mo
Selection of 5 candidates
01
.09
.
01
.12
.
01
.09
.20
05
2006
01
.01
. 2
00
4
Application period
3 months
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UMain issues during negotiationsMain issues during negotiations
Procedural issues
- Alleged discriminatory effect of different financing solutions (bond vs loan) on comparability of LAFO
- Submission of complete financial documentation by preferred bidder only and point of time of publication of award decision
Contractual issues
- Changes in law and additional remuneration- Relief / force majeure events and their consequences - Payments in cases of early termination (bond vs loan)- State guarantees- Direct agreement financing with lenders, esp liabilities of
lenders upon step-in
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U Thank you Thank you for your attention!for your attention!
Martin Oder
HASLINGER / NAGELE & PARTNERSAm Hof 13, A-1010 Vienna
Phone +43/1/718 66 80-616
Fax +43/1/718 66 80-30
email: [email protected]