Management or service contract

  • contractual agreement for mgmt or whole public enterprise. eg specialized port terminal for container handling by priv sector
  • allows priv sector skills to be brought into service delivery however public sector retains ownership of facility
  • priv contractor is paid a fee to manage and operate and payment is generally performance based. Usually short term period (3 - 5 years)

Advantages

  • Less risk due to shorter duration
  • least number of the conclave

Disadvantages

  • Almost all risk taken by public sector
  • Less scope for innovation

Turnkey Management Project

  • traditional public sector procurement model for infra facility
  • priv player selected through bidding process. Priv builds and designs a facility for a fixed fee which is one of the criteria for selecting the winning bids
  • scale of investment by priv player generally low for a short term period

Affirmage / Lease

  • leaseholder responsible for operating and maintaining the infra facility that already exists
  • generally, operator not required to make any large investment except for the case where this model is implemented with another. eg. Build Lease Transfer
  • Operator retains the revenue collected from the customer and makes a specified lease payment to the contracting authority
  • operator and contracting authority share revenue

Concession

  • Govt grants specific rights to a private player to build and operate a facility for fixed period
  • payments can take place both ways
  • such payment by govt may be necessary for making projects commercially viable

Area Concession

  • priv player responsible for full delivery of services in a specific area including operation, maintenance, construction and rehabilitation
  • operator responsible for all capital investments while assets are publicly owned even during concession period
  • public sector role shifts from being a service provider to regulating price and quality of the service

Hybrid Annuity Model

  • mix of BOT and EPC; introduced in 2015
  • generally three models for awarding national highway projects - EPC, BOT Toll, BOT annuity

Engineering, Procurement and Construction (EPC)

  • govt takes total funding of project
  • priv player provide engg and construction requirements
  • cost completely borne by govt and govt invites bids for engg expertise from contractors
  • procurement of raw materials and construction costs are met by govt

Build Operate Transfer (BOT)

  • conventional PPP model
  • priv partner responsible for designing, building, operating and transferring back facility to public sector
  • priv sector brings finance for project, takes responsibility for construction and maintenance
  • govt allows private sector partners to collect revenue from users
  • In BOT Annuity, developer constructs and maintains the roads and gets fixed payment from govt. Needs frequent govt payments
  • Traffic, Commercial risk on concessionaire and investment sustained by toll revenues

HAM as alternate for national highway projects

  • HAM = BOT + EPT. Govt gives 40% construction support during construction and remaining 60% as annuity payment throughout operations.
  • Company has no right to collect tolls and revenue is collected by NHAI and refunded to priv player in installment for 15 - 20 years
  • Benefits
    • compared to BOT annuity, it would ease cash flow pressure on govt
    • compared to BOT tolls, traffic risk is not associated with the concessionaire
    • operations and maintenance are handled by priv player, increasing efficiency of project

Swiss Challenge Method

  • priv player can submit a proposal (even without invitation) to govt for development of an infra project with exclusive IPR
  • Govt has 2 options
    1. after buying IPR from original proponent, it can call for competitive bidding to award projects
    2. Govt may also allow other players with similar capabilities to submit their proposals
  • if any proposal better than original, the original is asked to modify proposal
  • if he fails, project awarded to best bidder
  • used in road, housing projects
  • Draft PPP Rule, 2011 allows use of Swiss challenge only in exceptional circumstances - projects in rural areas or projects related to BPL

Advantages

  • encourage private players to bring innovation, tech, uniqueness
  • enhance cost efficiency, reduce red tape, shorten project timeline

Disadvantages

  • CVC observed there is lack of transparency and lack of fair and equal treatment of potential bidders
  • Planning Commission has advised state govt to adopt Swiss Challenge as an exception rather than rule
  • Vijay Kelkar Committee on revisiting and revitalizing PPP infra model has discouraged govt from following Swiss challenge metod
  • without strong regulatory framework, methods foster crony capitalism and also conducive to discretionary favour