Professional Documents
Culture Documents
Nairobi 2011
Sec1:i
The Global Urban Economic Dialogue Series
Public-Private Partnerships in Housing and Urban Development
HS Number: HS/062/11E
ISBN Number (Series): 978-92-1-132027-5
ISBN Number (Volume): 978-92-1-132356-6
Disclaimer
The designations employed and the presentation of the material in this publication do
not imply the expression of any opinion whatsoever on the part of the Secretariat of
the United Nations concerning the legal status of any country, territory, city or area
or of its authorities, or concerning the delimitation of its frontiers of boundaries.
Views expressed in this publication do not necessarily reflect those of the United
Nations Human Settlements Programme, the United Nations, or its Member States.
Excerpts may be reproduced without authorization, on condition that the source is indicated.
Acknowledgements:
ii
FOREWORD
iii
Public-Private Partnerships in Housing and Urban Development
Contents
FOREWORD iii
Contents iv
PART I: INTRODUCTION 1
Chapter 1: Introduction 1
iv
Key Principles 10
Methods and Instruments 10
PPP Suitability 10
Project Screening Instruments 10
v
Public-Private Partnerships in Housing and Urban Development
REFERENCES 34
vi
ABBREVIATIONS
Public-Private Partnerships (PPPs)
United Kingdom (UK)
United States (US)
Value for Money (VfM)
Public Sector Comparator (PSC)
Request for Proposal (RFP)
Request for Qualifications (RFQ)
Toronto Community Housing Corporation (TCHC)
Siza Water Company (SWC)
Melaka-Manipal Medical College (MMMC)
LIST OF TABLES
Table 1. Regional Summary of Private Sector Investment in Transport from 2000-2008
Table 2. Regional Summary of Private Sector Investment in Water and Waste
Management from 2000-2008
LIST OF FIGURES
Figure 1. Common Risk Sharing Areas for PPPs
Figure 2. Generic Relationship Structure for PPPs
Figure 3. The Public-Private Spectrum and Model Definitions
Figure 4. Required Government In-House Skills for Public-Private Partnerships
Figure 5. Perspective View of Regent Park North Prior to Project Development
Figure 6. A Model of the Refurbished Regent Park Development Project
Figure 7. A View of Highway 6 in Israel
Figure 8. Ilembe District Community Water and Wastewater Plant
Figure 9. Manipal University Medical College in Manipal, India
vii
Public-Private Partnerships in Housing and Urban Development
viii
chapter one Introduction
Chapter 1: Introduction
It is estimated that more than half of the facing enormous urban challenges. Economic
world’s six billion people now live in cities, growth has not kept pace with the rise in the
towns and other urban spaces. Current trends urban population. As a result, there is a severe
predict that this number will continue to shortage of adequate housing and much of the
rise with urban population growth being basic infrastructure so desperately needed to
significantly more pervasive and rapid in the sustain urban growth is either deteriorating, or
developing world than that of the developed. non-existent.
According to the World Bank, over 90
percent of recent urbanization has occurred This study, prepared for the United Nations
in developing countries, with urban areas Human Settlement Programme, aims to provide
gaining an estimated 70 million new residents insight into how the public-private partnership
each year. This trend is especially prevalent in (PPP) model can help promote sustainable
South Asia and Sub-Saharan Africa, the two housing and urban development for countries
poorest regions in the world, where the urban at all levels of economic development. The
population is expected to double by 2030.1 selected case studies illustrated towards the end
of this study cross-reference against PPP best
Adequate, well-managed cities are an practices and governing principles outlined in
important element of a sound, prosperous sections throughout this report. While the key
national economy and a significant contributor ideas and guidelines presented here can be used
to quality of life. Consequently, as cities grow to help shape future government policy, it is
and the urbanization process continues, there important to recognize that the application of
is rising pressure on governments to house the the PPP model is not described in full detail.
world’s poor and provide them with access Much more resources and skills are needed for
to basic human needs such as healthcare, governments looking to apply this approach
clean water, and sanitation. As it stands, a to housing and wider urban development
majority of the developing cities expected projects in their communities.
to absorb the greatest number of people are
1
World Bank (2009:1), Systems of Cities: Harnessing
Urbanization for Growth and Poverty Alleviation.
1
Public-Private Partnerships in Housing and Urban Development
While urban areas across the globe are being solely provided by the public authority.
characterized by their own set of complex It is also important not to confuse PPPs with
issues, the financial challenges are notably the privatization - a situation where responsibility
same; at all levels of economic development, over the delivery of the public service is fully
there is a far greater financing need for urban transferred to the private partner with little or
development projects than can be provided by no government oversight.
the traditional public purse alone. Recognizing
this, governments around the world are turning Almost all countries around the world have
to PPPs as one possible financing option for large witnessed some form of PPP investment
scale investments in the provision of affordable in the provision of housing and urban
housing and other basic infrastructure assets.2 infrastructure since the early 1990s. Although
A finance model entirely driven by the level and success of PPPs varies sharply,
collaboration between the public, private, and particularly in the developing world,3
at times nonprofit sectors, PPPs take many their well-documented potential in
forms (shown below), but generally represent a consistently generating efficiency gains
more dynamic, long-term agreement between in developed countries like Canada, the
various parties in which each sector contributes Netherlands and the United Kingdom (UK)
and shares some level of risk. cannot be overlooked. In these countries,
partnerships have been a significant
Broadly speaking, a typical PPP allows a contributor to lowering costs and increasing
private consortium to assume the financing operating efficiencies for urban development
risk and two or more phases of the project’s projects ranging from affordable housing to
life-cycle. This may include the design and water treatment facilities, roads and hospitals.
construction phases of the project and the As such, there is a growing body of evidence
subsequent maintenance and operation of the that indicates that PPPs are an important
government facility under a carefully contrived instrument that can be used to help extend
long-term lease. This is in contrast to the private infrastructure assets, along with basic urban
sector’s traditional role in urban infrastructure services, to the poorest neighborhoods of some
development where its involvement is limited of the world’s liveliest urban centers.
to providing skilled labour under short-term
contracts, with the delivery of the services
3
See OECD (2005:2), ‘Investment for African
Development: Making It Happen.’
2
For the purposes of this report, basic infrastructure 4
Conference Board of Canada (2010:i), Dispelling the
refers to social assets such as affordable housing, Myths: A Pan Canadian Assessment of Public-Private
schools and hospital facilities as well as infrastructure Partnerships for Infrastructure Investment and Deloitte
development for basic utilities including water, waste (2006: 21-26), ‘Closing the Infrastructure Gap: The
management, sanitation and transport systems. Role of Public-Private Partnerships.’
2
Chapter Three THE ADVANTAGES AND DISADVANTAGES OF PPPs
5
Conference Board of Canada (2010: 24). 6
Conference Board of Canada (2010: 3).
3
Public-Private Partnerships in Housing and Urban Development
4
Chapter Three THE ADVANTAGES AND DISADVANTAGES OF PPPs
Loss of Accountability
Partnerships are typically governed by
a complex web of contracts which extend
responsibility over the provision of housing
and other urban service to a wide range of
partners. If not clearly defined, contracts can
overlap roles and responsibilities and blur lines
of accountability for the public taxpayer.
Mitigating Risk
The more complex the urban project and the
more people involved, the higher and more
varied the risk becomes. Although a carefully
structured PPP manages risk through a well-
defined contractual agreement, some risk is
unforeseen and therefore difficult to mitigate.
In the case of such unexpected risk (or project
failure), oftentimes it is the public authority
that is left to not only pay for the failure of the
risk, but also the emerging costs.9
9
Conference Board of Canada (2010: 57). 10
PricewaterhouseCoopers (2005:33).
5
Public-Private Partnerships in Housing and Urban Development
It is well-documented that globally, both mistrust between the partners. Yet oftentimes,
the private and public sectors are embracing governments are finding that aligning goals
partnerships for the provision of housing and and maintaining a healthy level of trust is
urban development. However, when applying difficult to achieve and maintain throughout
the PPP approach to the urban sector to try the project’s entire life-cycle. This is particularly
and meet the needs of the rise in population, the case for subsidy-driven urban projects
governments around the world are facing where additional and continuous government
a range of challenges. While the scale and funding is needed to deliver basic services to
scope of these challenges vary depending the poorest segments of a country’s population.
on the country’s level of understanding and In this circumstance, reasonable margins of
development in using the partnership model, profitability for the private partner can be
this section provides an overview of some harder to measure and goals can become even
of the most common PPP challenges facing more difficult to join.
governments today.
Public Acceptability
Differing Goals There may be considerable resistance to
Ordinarily, the goals of the private sector private sector participation in the provision
fundamentally oppose those of the public of urban development, particularly for more
sector: the former focuses on economic gain traditional public urban services such as
while the latter strives to protect the public affordable housing, water, sanitation and waste
interest through regulation and minimization management. Oftentimes, these urban services
of risk. If left unmanaged, these disparate provide basic human needs to the world’s
goals of the two sectors can cause friction and poor who would not otherwise receive them.
Therefore, if service is undermined due to a
drive for profit, or if there is slow responsiveness
to a problem, the result may be a strong public
11
In the paper ‘Closing the Infrastructure Gap: resistance to the partnership and a general
The Role of Public-Private Partnerships’, Deloitte distaste for private sector involvement in the
argues that there are three levels, or stages, of PPP
urban sector overall. Keeping the public well-
‘maturity’ that can be observed across the world.
Countries in the first stage include, but are not informed and supportive of the urban project
limited to, India, China, Russia, South Africa, Poland is an on-going challenge for all governments.
and Croatia, and can be observed as having a low The public authority should facilitate early
level of understanding and sophistication in applying
the model to infrastructure development. Countries and constant dialogue with stakeholders in
such as the United States and Canada, in-line with addition to providing widespread information
Japan, Italy, Brazil and the Netherlands, are seen as regarding public issues to allay speculation and
having moved up the ‘maturity curve’ with a fair
understanding of the PPP market, but still not yet unfounded concerns where relevant.
as sophisticated in the know-how of the process as
Ireland, Australia and the UK.
6
Chapter four CHALLENGES FOR PPPs IN HOUSING AND URBAN DEVELOPMENT
15
For further information on how private financing
and greening can work together to meet goals
12
As cited in Gladys Palmer (2009: 19-20), ‘Public- of sustainable development see, United Kingdom
Private Partnerships: A Literature Review.’ Department of Transport (2003), Green Public-Private
13
Environmental sustainability is one of the eight Partnerships Guidance Note.
international Millennium Development Goals agreed 16
For further information on how the global
upon by world leaders in 2000. financial crisis has affected credit and other financing
UNECE (2008: 8), Guidebook on Promoting Good
14 conditions see, Tim Murphy (2009), ‘Financial
Governance in Public-Private Partnerships. challenges for P3 Projects after the Financial Crisis.’
7
Public-Private Partnerships in Housing and Urban Development
Typically, a PPP involves not just the separate contracts providing additional
relationship between the public authority and guarantees between the lender and the public
the private partner responsible for the delivery authority to allow for closer monitoring
of the project, but also a consortium of third of construction timelines and budgetary
party interests such as lenders, equity investors conditions are not uncommon. In the event
and other interests or non-profit groups (see that a private company does not perform the
figure 2), many of whom have a large stake in project agreement obligations, under such
the successful outcome of the project. contracts, lenders can rectify the problem by
going as far as to replace the private partner.19
Arguably, one of the more important Therefore, given the significant sway lenders
relationships that the partnership needs to have in overall contract change and approval, it
nurture is with project lenders responsible for is imperative to the success of the partnership
providing the long-term debt financing for the that a close relationship with these actors be
infrastructure asset. This can account for up forged.
to 80 percent of a project’s overall funding.17
A partnership generally seeks project financing The partnership also needs to build good
from banks and lenders whose willingness to working relations with equity investors
provide funding for the project will depend on who make up the remainder of the funding
the financial viability and predictability of the for the cost of the project. Equity is usually
asset. As an aside, most lenders will not grant provided by private contractors involved in
loans for urban projects that have not carried the project, but can also be made available
out a rigorous assessment of all project risks, through third-party equity investors who
or which are potentially open-ended and not have no other contractual relationship with
well-defined in their objective.18 the partnership. Because the return on equity
is received only after the financing debt has
Nevertheless, once a loan has been secured, been serviced, equity financing is considered
lenders play a useful role in reviewing and high risk for investors and therefore is one of
overseeing the overall performance of the urban the most expensive forms of project funding.
infrastructure project. Stringent standards on Nevertheless, equity funders play a useful
the part of the lender usually result in lenders role in securing debt financing from lenders
seeking out their own set of technical, legal, that may require some collateral for the loan,
and other advisors to monitor the progress as well as providing advice in the event that
of the project. In riskier sectors or projects, problems do arise amongst the other private
sector partners.20
17
Peter Farlam (2005), ‘Working Together: Assessing
Public-Private Partnerships in Africa.’
18
World Bank (2009:25-26), ‘Attracting Investors
to African Public-Private Partnerships: A Project
19
Murphy (2009:16).
Preparation Guide.’ 20
The World Bank (2009:27). ‘Attracting Investors...’
8
Chapter five RELATIONSHIPS WITH LENDERS AND OTHER PARTIES
Stakeholders
Government (non-profit and
other interests)
PPP Agreement
Construction Operating
Contractor Contractor
9
Public-Private Partnerships in Housing and Urban Development
Based on best practices and lessons learned, • An urban sector PPP must reflect the
all PPPs for housing and urban development needs of the affected community and must
should be founded on the following key integrate into the project key stakeholder
principles, methods and instruments (most of priorities.
which are discussed at length in later sections • The project must be responsibly managed
of this report) in order to raise the likelihood throughout the term of the agreement, with
of project success. predictability and priority as determined
by the partnership.
Key Principles
Public-private partnerships should adopt
Methods and Instruments
the following eight governing principles: Governments should consider the following
methods and instruments when applying PPPs:
• The public interest is paramount.21
• Good practices in accountability and PPP Suitability
transparency measures must be maintained
throughout the lifecycle of the project. In the initial planning stages of a housing and
urban sector project, it is important to realize
• A PPP project needs to be carefully planned, that not all urban projects should be obtained
well-defined in scope and fundamentally through a partnership model approach.
clear in its objectives. Diversity between the urban sectors exists with
• The viability of the project needs to each project being characterized by a unique
be measured against a criteria set by set of distinct operating requirements, means
the initiating partner to assist it in of service delivery, and mode of payment
determining its potential suitability for for service. As such, the degree of private
PPP procurement. involvement for a proposed project needs to
be carefully matched against the goals of the
• The selected PPP model must provide
affected public and deemed suitable for PPP
value for money in terms of cost and time procurement before further consideration is
savings with appropriate consideration of given.
risk transfer.
• The PPP tendering process must be Project Screening Instruments
competitive, fair and subject to proper due
diligence on the part of the partnership. After the project’s goals have been carefully
aligned with public interests, rigorous
screening instruments need to be developed
to better measure its monetary value against
alternative methods of delivery. One of the
21
City of Calgary (2008:3), Public-Private Partnerships best means of measuring project suitability
Calgary Council Policy Framework. is by conducting a Value for Money (VfM)
10
Chapter six KEY PRINCIPLES, INSTRUMENTS AND METHODS
22
Canadian Council for Public-Private Partnerships has
published helpful guidelines for determining how and
when to employ the PSC, made available at http://
strategis.ic.gc.ca/epic/internet/
23
Deloitte (2006:6). 24
Conference Board of Canada (2010:25).
11
Public-Private Partnerships in Housing and Urban Development
Partnerships with the private sector come deal of responsibility over the provision of the
in many forms with a wide array of delivery public service to the private partner.
frameworks to choose from. In helping to
identify the many arrangements of PPPs, the
following section provides a brief assessment Approaches
of the varied approaches and type of PPP
While it is commonly cited that a ‘true’ form
models. The choice of model and/or approach
of PPP is a collaborative model where both the
to PPPs varies depending on the market sector
private and public sectors agree to share the
and type of project, but is usually structured
risks and rewards of a particular project, there
to try and improve efficiency, quality of service
are a variety of approaches that illustrate the
and price.
possible power-sharing and decision-making
arrangements. A partnership with the private
sector can fall under a consultative approach
Models and their Structure whereby the government seeks out expert advice
There is a spectrum of organizational models from the private sector or community groups.
under which PPPs are typically implemented. There are also contributory arrangements
As figure 3 below indicates, partnerships can which are identified as ones where the public
range from being under the direct control sector provides funding to the private partner
of the level of government involved in the that is in turn responsible for carrying out
partnership, to a model that transfers a great the development and management of the
The Scale of Public-Private Partnerships: Risk Transfer and Private Sector Involvement
Privatization
Degree of Private Sector Risk
Concession
Build-Own-Operate
PPP Models
Design-Build-Finance-Maintain-Operate
Design-Build-Finance-Operate Build-Finance
Operation and Maintenance
Finance
Design-Build
Degree of Private Sector Involvement
12
Chapter sEVEN DIFFERENT APPROACHES AND MODELS OF PPPS
Finance Only: A private entity, usually a financial There is also a combination of hybrid
service industry, funds a project directly or uses various approaches to PPP delivery that have been
mechanisms such as long-term lease or bond issues. developed in recent years to address the
Operation and Maintenance Contract: A private unique challenges facing local governments
operator, under contract, operates a publicly-owned asset around the world. Bundling several small
for a specified term. Ownership of the asset remains with scale projects into a contract with one private
the public entity.
partner is often used in order to attract more
Build-Finance: The private sector constructs an asset private sector competitors to the table and
and finances the capital cost only during the construction reduce transaction costs. In other cases, a
period.
joint venture company is set up with the
Design-Build-Finance-Operate: The private sector public sector through a competitive process
designs, builds and finances an asset and provides hard that includes a bid to carry out the first phase
facility management or maintenance services under a
long-term agreement.
of work. Subsequent phases are commanded
by the public sector but carried out by the
Design-Build-Finance-Maintain-Operate: The private strategic partner using the first phase as a
sector designs, builds and finances an asset, provides
benchmark to determine the appropriateness
hard and/or soft facility management services as well as
operates under a long-term agreement. of future costs. Incremental partnering also
allows for the public sector to commission
Build-Own-Operate: The private sector finances, builds, work gradually with certain elements of the
owns and operates a facility or service in perpetuity. The
public constraints are stated in the original agreement project to be stopped or carried out by a
and throughout on-going regulatory authority. different partner if deemed unproductive.
Lastly, the public and private sectors can build
Concession: A private sector concessionaire undertakes
investments and operates the facility for a fixed period an alliance model whereby both sectors agree
of time after which the ownerships reverts back to the to jointly build, design, finance, maintain and
public sector. operate the facility.26
25
Boase (2000: 78-79) ‘Beyond Government?
The Appeal of Public-Private Partnerships.’
26
Deloitte (2006: 15).
13
Public-Private Partnerships in Housing and Urban Development
Given the role that sound legal, regulatory, contracts are stable and enforceable in
and financial environments play in attracting courts or through arbitration where
and retaining investment to flow into the appropriate. To the degree that the legal
urban sector, it is now widely accepted and judicial environment is not clearly
that their effectiveness is critical to the defined, investors and project participants
sustainability and growth of housing and will see the project as unpredictable and
urban sector PPPs. While many developed high risk.
countries require only incremental change • All laws adopted for PPPs in housing
in this regard, very few developing countries and urban development should adhere to
have well-established and sovereign legal, principles of transparency and fairness, as
finance, and regulatory structures.27 well as reflect prudence for the long-term
As a result, the objective of this section sustainability of the project.
is to identify good legal, regulatory, and
finance frameworks that can help public • In keeping with the public interest,
authorities lead the way for successful PPP governments should continue to work
implementation. to identify and remove undesirable legal
uncertainties and impediments that limit
private sector participation in PPPs.
Legal Structure • Concession laws should make clear what
level of government has jurisdiction over
When determining an appropriate legal
the awarding of PPP contracts, what
framework for PPPs, governments should
sectors or type of urban infrastructure
consider the following:
project may be granted, as well as identify
• While differences may exist depending clear conditions for the construction and
on the country of implementation, in all subsequent operation of the PPP.29
instances, it has been argued that what • Procurement laws must set out rules of
is required are fewer, better and simpler process in advance and apply them equally
laws.28 to all qualified applicants and bidders.30
• At the most basic level, the legal • Competition laws that reflect equal
environment has to minimize the opportunity for all relevant companies in
likelihood of corruption and must be the same sector are encouraged. This should
sufficiently reliable as to encourage private include respect for specific procedures in
participation and investment.
• Possible investors and project participants 29
For more information regarding good practices
must have confidence that the laws and in concession laws see, UNCITRAL (2004), Model
Legislative Provisions on Privately Financed
Infrastructure Projects.
27
OECD (2005:23). 30
For a detailed guide on PPP procurement laws see,
28
UNECE (2008:29). 4ps (2008), Development in Procurement Laws.
14
Chapter EIGHT GOOD PRACTICES IN LEGAL, REGULATORY AND FINANCE STRUCTURE
15
Public-Private Partnerships in Housing and Urban Development
debt is properly managed and performance is One significant effect of the recent global
in-line with project expectations. In the event financial crisis is that credit approval for
that non-performance occurs, the government PPP projects has become even more costly
is not required to pay the annual fee to the and difficult to obtain. As a result, recent
private consortium. Additionally, and as consideration has been given to replacing
discussed, the private financing component some of the private financing component
secures due diligence on the part of lenders with traditional financing whereby the public
who subsequently monitor the project during provides more upfront funding for the project.
all phases of the PPP. Under such a structure, it is argued that the
public authority can control incentive drivers
While private financing is often cited by setting penalties and large fines for non-
as one of the key advantages for adopting compliance. While in theory it may be possible
the partnership model, it is important to to create an effective incentive framework
remember that the private sector’s cost of which ensures cost containment and efficiency,
capital is always a more expensive alternative in practice, it can be difficult to enforce without
to traditional public financing of urban higher litigation and administrative costs.35
development projects. As a result, from a As such, despite preliminary investigation
public finance perspective, the higher cost into alternative funding options, the private
associated with using private capital for urban financing component of PPPs remains an
sector PPPs can only be financially justified if integral part of cost-savings for governments.
the transfer of risks and the efficiency gains
outweigh the higher costs of borrowing.34
34
Conference Board of Canada (2010:12). 35
Conference Board of Canada (2010:38).
16
Chapter NINE PUBLIC-PRIVATE PARTNERSHIP ORGANIZATIONAL AND ADMINISTRATIVE EFFECTIVENESS
Meeting the needs of growing urban information about the project is instrumental
populations through successful planning to effective relationship building and trust
and implementation of a PPP approach management. Experience shows that a well-
requires measures beyond the establishment structured and comprehensive communication
of appropriate legal, regulatory, and financial plan that includes a strong public consultation
structures. In fact, many partnership problems policy will guide communications activities
stem from non-technical challenges that across the full range of project participants.
arise in the working relationships between If successfully implemented, the plan can
the range of actors involved, such as a lack positively affect the working relationship
of project leadership and insurmountable between all parties.
communication issues. This section
maintains that successful PPPs show a high
level of commitment in the following key Clear Roles and Responsibilities
organizational and administrative areas:
A well-crafted written agreement that
formalizes the relationship between all parties,
clearly delineates roles and responsibilities for
Partner Selection each partner and puts in place a system of
Whether initiated by the government or the checks and balances to create co-dependency
private partner, well-organized PPPs begin by and transparency substantially increases the
identifying the central problem, then seeking probability of success of the partnership.
out the right partners to help solve it. For the
public authority, choosing the lowest bidder
in the tendering process is not always the best Procedures
method for partner selection. A candidate
Since not all contingencies can be foreseen
with years of experience in the urban area
in the planning stages of a partnership, it is
being considered, along with a shared vision
critically important for the partnership that
of the project’s goals, are important factors in
both the private and public sectors agree on
identifying the right partner.
key management procedures early on in the
formation of the relationship. At the most
basic level, there need to be clear procedures in
Building Strong Relationships place for decision-making, solving problems,
through Clear Communication managing conflicts, and performance
Fundamentally important to the functioning evaluation.
of the partnership will be its ability to build
and maintain a deep level of trust among all
partners and stakeholders. Ensuring that each Strong Public Administration
party is exposed to on-going communication Indeed, asking a private consortium to
channels that relay timely and reliable
17
Public-Private Partnerships in Housing and Urban Development
Negotiation Skills
Mediation
Arbitration
Contract Law
Project Management
Performance Auditing and Quality Control
Public Process
Private Sector Finance
Risk Management
18
Chapter TEN IMPLEMENTING HOUSING AND URBAN SECTOR PPPs
Once the decision to move forward with Refining the Scope of the
the PPP model for a housing or urban
development project has been made by the
Project
public authority, and the broader institutional With a team in place, priority shifts to
and administrative preliminary work is refining the scope of the project. More diligent
underway, it is important to begin preparing quantification and understanding of the
for PPP procurement and implementation. project’s goals and objectives, its public need,
Drawing on the experience from countries at and its risks, along with the sophisticated
different stages of market development, this allocation of those risks, better prepares the
section aims to provide some useful insight project for the PPP procurement process. The
into the key activities and issues that can be public sector should also have established a
applied to increase implementation success. schedule that lists timeframes for the initiation
of each phase of the project with established
key milestones.
Building Capacity
The first step in the implementation process
is to set clear guidelines that determine which
Selecting the Preferred
government department or agency will approve Procurement Process
the project’s readiness for the procurement Entering into the procurement phase, some
stage. Within that agency, a project team decisions regarding the preferred method
skilled in delivering a PPP should take on the should be made. Generally speaking, there
responsibility for the planning, procurement, are two main methods of procurement:
and negotiation stages of the project, in competitive negotiation37 and pre-
addition to establishing a role in performance qualification. The choice of method is based on
monitoring.36 Unless the government is deeply a range of factors, but is mainly distinguished
experienced in contracting PPPs, it will also be by the level of competition and input required
necessary to hire a multi-dimensional team of for the project. Whichever method is chosen,
advisors skilled in legal, financial, economic, the procurement package must include
and sector specific areas to support the capacity standardized bidding documents, procedures
of the team through the many PPP processes for the announcement and subsequent
and procedures. evaluation of private sector bids, and a method
for awarding contracts.38 Exposing the project
to a fair, open, and transparent procurement
37
Asian Development Bank (n.d.:73), Public-Private
36
Ministry of Municipal Affairs (1999:46), Public Partnerships Handbook.
Private Partnerships: A Guide for Local Governments. 38
Institute for Public-Private Partnership (2009:17).
19
Public-Private Partnerships in Housing and Urban Development
process is fundamental to the formation of a who can provide the best overall value39 to the
strong building block upon which bidders will project.
build their submissions. As mentioned, there
are two primary methods of procurement: It is important that governments take
advantage of the early procurement process and
use it as an effective two-way communication
tool between the public and private bidders
Competitive Negotiations to finalize what needs to be provided. Care
When this method of procurement has should be taken to help identify any issues
been issued, typically the public partner is either party may have as typically, the terms
less interested in new ideas and inputs and of the finalized contract are based on the
more focused on cost savings. The public specifications addressed in this stage.
sector tends to have a rigidly defined scope
and thus selects a fitting group of bidders to
an open negotiation process where typically Finalizing Contract Terms
pressure is put on them to offer the best price.
While this method tends to be quick and less Ideally, the bulk of the contract should be
expensive than pre-qualification, where a sorted out during the bid process; however,
“fully competitive” process takes place, it final contract negotiations present the
may limit the public sector’s ability to view last opportunity to discuss any final issues
other, potential cost-effective, or design between the two sides. One of the main
enhancing approaches to project delivery. goals of the PPP contract is to appropriately
harness the expertise and the efficiency of the
private partner without compromising the
delivery of service for the public taxpayer.
Pre-Qualification To accomplish this, the public agency is
This bidding process, usually a two- encouraged to ensure desirable outcomes by
stage process which includes a request for putting appropriate control mechanisms in
qualifications (RFQ) and a request for place in addition to including highly specific
proposals (RFP), is typically adopted by the contract terms and conditions that establish
public agency to try and harness the innovative duties, proper allocation and management of
expertise of the private sector with the intention risk, performance targets, rules for changing
to help it identify how to best meet project contract conditions and procedures for
objectives. In order to attract international dispute resolution and performance auditing.
bidders and increase competition, the public There should also be technical and financial
agency publishes and widely disseminates the evaluations that include clear data on the level
RFQ document. The document outlines with of service being provided, specified timeframes
specificity the skills and market knowledge for project mobilization, as well as financial
required for the project to help limit the formulas with regard to capital expenditures
number of private parties eligible to participate and revenues.
further in the process. Interested candidates
match the requested qualifications but only
the top bidders are invited to respond to the
RFP stage, which marks final partner selection.
Unlike the competitive negotiations process
which tends to select a partner based on price,
the public sector here aspires to attract bidders
39
Value can come in the form of, for example,
modern design techniques, operating efficiencies for
service delivery, innovative technologies, and so on.
20
Chapter TEN IMPLEMENTING HOUSING AND URBAN SECTOR PPPs
40
Daniele Calabrese (2008:27), ‘Strategic
Communications for Private, Public-Private
Partnerships, and Private Participation in Infrastructure
Projects.’
21
Public-Private Partnerships in Housing and Urban Development
This section describes some global patterns low-income housing projects that depend on
in the application of PPPs for the most some form of public subsidy to keep prices at
prominent urban infrastructure sectors, affordable levels.
including affordable housing, transport, water
service, schools and hospitals. As will be shown In a number of developing countries
below, a substantial increase in the demand for across Asia and Africa, PPPs are beginning to
the PPP approach in both the industrialized emerge as the prominent approach to urban
and developing countries can be tracked, with housing policy. While some success has been
most private investors tending to favor large, documented in India and Nigeria,43 for the
wealthy, or fast growing markets, with some most part housing PPPs in the developing
sectors, as well as some forms of PPPs, showing world are relatively sparse, with little empirical
higher rates of success than others. data made available to show any real trend to
successful PPP housing policy.44 Further to
the point, a distinction should be made with
wealthier countries where affordable housing
Urban Housing success has been primarily based on a significant
Partnerships have been used with great level of government subsidy used to keep
success to construct and maintain low-income housing costs as low as possible. Oftentimes,
housing in developed countries such as the such subsidies are a luxury not afforded to the
United States, Australia, Ireland, and the UK. urban poor in the cash strapped developing
For the most part, the PPP approach to housing world. Nevertheless, to the extent that housing
projects in these countries has included a joint PPP will flourish in poorer countries, their use
venture where the private and public sectors is dependent, amongst other things, on the
jointly finance, own, and operate a housing economic and political strength and housing
project, and where risk is shared according to tradition of a particular nation.
predetermined contractual provisions. Seeing
that under this PPP model the public sector
typically contributes significant funds for the
project, it allows the public authority to retain 42
For instance, financial mechanisms such as tax
significant control over the planning and credits and housing trust fund have been incorporated
development stages of the partnership while into housing policy in the US and the UK in order
making use of the private sector’s resources to secure a constant subsidy stream for low-income
housing projects. For a lengthy discussion of the
and expertise in construction and design.41 financial tools available to the private sector for
In several of the aforementioned countries, a affordable housing projects see, Michael Lea and
range of financial mechanisms42 aid in reducing James Wallace (1996), Current Practices for Financing
overall housing and debt services costs for the Affordable Housing in the United States.
22
Chapter ELEVEN PATTERNS IN APPLYING THE PPP MODEL TO HOUSING AND URBAN DEVELOPMENT
ownership of the asset after the leasing period Source: World Bank PPI Database
is complete, are by far the most prominent
form of PPPs in this sector. Under this PPP * Note that the data compiled includes all forms
model, the private partner commonly limits of private sector investment. Therefore, it may
transport access to paying customers, ensuring include projects under complete privatization
with little or no element of PPP.
a revenue stream that can offset all, or some
of the cost of provision. Correspondingly, the
financial viability of urban transport projects
of water and wastewater systems in many
makes this sector a more attractive investment
developed countries, and a dire need for new
option to the private partner, particularly in
investment to keep up with urban population
developed countries where there is a growing
growth in the developing economies, many
public acceptance of tolls, or other user fees
governments are moving away from traditional
for roads and bridges.
state management of water service delivery
That being said, the sheer scale and long- and towards private sector involvement. In
term nature of some of these projects, Canada, Australia and Ireland, along with
combined with the need for, and dependence a slew of developing regions (see figure 6),
on, accurate traffic demand forecasting in this fiscal shortfalls have forced local governments
sector significantly increases the financial risk to adopt PPP structures in an urban sector
absorbed by the partnership.46 Thus, given traditionally operated solely under the purview
the highly complex nature of transport PPPs, of the public authority.
these arrangements can be particularly risky
Although this phenomenon has been
for developing markets that lack the resources
widely tracked, partnerships in the water and
and relative expertise on such matters.
sanitation sector are perhaps most controversial,
particularly in emerging economies. In the
last decade, large developmental institutions
Urban Water and Sanitation have been criticized for making development
Management infrastructure loans to local governments
contingent upon long-term concession
Water and sanitation management represents
contracts with private companies.47 While
another fast growing urban sector for PPPs
around the world. With aging conditions
47
For more information see Food & Water Watch
45
Deloitte (2006:19). (2009), Dried up, Sold Out: How the World Bank Push
46
Deloitte (2006:20). for Private Water Harms the Poor.
23
Public-Private Partnerships in Housing and Urban Development
48
Food & Water Watch (2009:2-3) 49
Deloitte (2006:24).
24
Chapter TWELVE CASE STUDIES
This chapter presents four case studies, one are set to be affordable home ownership
from each of the aforementioned urban sectors: opportunities. New parks and streets are to be
housing, transport, water and sanitation added to the neighborhood and a full mix of
management and schools and hospitals. The education, culture, and commercial facilities to
case studies show a range of partnership models be established. The overall goal of the project
that have been implemented in countries at is to redevelop the area into more than a low-
various stages of economic development. The income supportive housing neighborhood
primary purpose of these case studies is to by mixing together both private and public
evaluate the performance of the partnership aspects of the industry.50
by analyzing and benchmarking each case
study against the principles and best practices The plan will be carried out by the City of
outlined in earlier sections of this report. Toronto, TCHC, and the Daniels Corporation,
The format for each case study is the same: a a well-established developer in the area, in six
description of the background and context is phases over a 12-to-15 year period that began
provided to better understand the study area in 2005. All partners contribute and share in
followed by an outline of the key observations the risks and rewards of the affordable housing
and issues raised. project. For its part, the City of Toronto is
waiving developmental fees and realty taxes
on all supportive housing units, as well as
absorbing a great deal of the infrastructure
Regent Park (Toronto, Canada) costs for the creation of new parks and roads.
Toronto Community Housing undertook
Background
a number of feasibility studies to determine
Regent Park is a culturally diverse the best approach for the regeneration of
social housing development in downtown the community and is providing some of the
Toronto known locally as one of the poorest funding for the supportive housing units. As
neighborhoods in Canada. Constructed over the private developer, Daniels has agreed to help
50 years ago under a national government’s finance and oversee the design, construction
housing program, Regent Park’s housing stock and completion of all the housing units.
was deteriorating and in desperate need of
redesign, replacement, and repair (see figure 5).
Under the leadership of Toronto Community Key Observations and Issues
Housing Corporation (TCHC), owner
and operator of the property, Toronto City The choice by TCHC to invite a private
Council approved a plan to revitalize Regent partner to participate in the redevelopment
Park in 2003. The plan included demolishing of Regent Park was the result of a year-long
and replacing the existing supportive housing process that looked at various options for
units and bringing in an additional 3,300
mixed-income market units, 300 of which
50
TCHC (2007), Regent Park Social Development Plan.
25
Public-Private Partnerships in Housing and Urban Development
26
Chapter TWELVE CASE STUDIES
build the remaining phases of the project.51 prices in the area and as such, it is uncertain
whether rising market pressures will translate
Under the terms of the agreement, TCHC into providing home ownership opportunities
and Daniels agreed to share the risks and for low-income earners.
rewards of the new market housing units. A
clear majority of Regent Park’s residents live
below the poverty line and the public housing
project is often portrayed as a neighborhood
Yitzhak Rabin Trans-Israel
replete with violence and a range of other Highway 6 (Tel Aviv, Israel)
social ills. Therefore, a critical challenge for
the partnership will be to transform the Background
community into an exciting, mixed-income In 1999, the Government of Israel awarded
neighborhood where people choose to live a 30-year concession agreement to Derech
(see figure 7). Another important priority Eretz52 to build and then operate the largest
for the partnership is to manage its working and most complex transport infrastructure
relationship with the local government to project ever undertaken in Israel. The Yitzhak
ensure it fulfills its obligation to waive property, Rabin Trans-Israel Highway was planned to
and other fees, for the affordable housing units run a total of 186 miles of highway across the
in order to keep housing costs low. country in what was set to be the first privately
Although the full implications of this operated toll highway in Israel. Using the
partnership will not be known for another latest electronic toll collection technology,
decade, in the early stages, project goals and innovative cameras would scan user license
objectives have been effectively managed and plates, creating a fully-automated toll highway.
executed and the process to date has relayed It is intended that the new highway will reduce
good governing principles of transparency congestion, pollution and car accidents on
and inclusiveness. The community is regularly parallel routes which were experiencing high
informed on the progress of the partnership levels of traffic flow prior to the agreement.
with continued opportunities for community Formed as part of a larger highway network
consultation and input. Furthermore, the connecting the rest of the country, it was
first phase of the project has been successfully also argued that the new road would provide
completed by Daniels in accordance with enhanced capacity for military mobilization
contractual conditions and the developer in a country often plagued with war. The
has been invited to complete the remaining project was completed on time and has been
phases. That being said, concern over whether in operation since 2002 with performance of
the partnership presents viable opportunities the toll route, relative to traffic and revenue
for the poor in Toronto is not clear - it has projections being positive to date. However,
not been determined how affordable the the project remains controversial amongst
new mixed-income market units will be and key stakeholders, particularly environmental
whether they will meet the needs of the lowest groups who loudly opposed the highway
income earners. A thriving real estate market arguing that it runs through the last remaining
in Toronto has significantly raised housing non-urban areas in the country.
51
Alexandra Moskalyk (2008: 32-33), The Role of 52
Derech Eretz is a consortium of three companies:
Public-Private Partnerships in Funding Social Housing Africa-Israel, Canadian Highways Infrastructure
in Canada. Corporation and Housing and Construction Limited.
27
Public-Private Partnerships in Housing and Urban Development
Key Observations and Issues successfully assume necessary project risk that
would otherwise have been taken up by the
In accordance with the governing principles
public sector.
outlined previously, it is observed that the
Government of Israel adopted the PPP model Although the project is credited with
for the transport project only after reviewing reducing traffic congestion on alternative
a series of alternative financing options. roads, it is questionable whether in this case,
Given a shortfall of available funds, it was the public interest was adequately considered.
believed that the partnership model would Public interest groups point out that the
deliver the project in a timely manner, allow road gives privilege to the rich, or those who
for appropriate risk sharing between the can afford to use the highway, while others
private and public partners, and provide the are forced to use the “regular roads”. Others
most up-to-date toll collection technology question the figures and statistical projections
to minimize the time required to pay the used to frame the public need for the highway
tolls - a feature especially important due to project. They argue that demand forecasting
the fact that this would be the first toll road was intentionally inaccurate and then widely
in Israel.53 The project was carefully planned distributed to try and gain public support for
and evaluated and subjected to a transparent what is now known to be a highly profitable
and competitive tendering process. Derech partnership.54 55More importantly, there is
Eretz was chosen based on the company’s genuine concern as to whether environmental
experience and its ability to appropriately and
54
In 2006, Derech Eretz reported a profit of 89
53
US Department of Transport (2007:4-18), Case million, an increase of 56% from 2004.
Studies of Transportation Public Private Partnerships 55
Yaakov Garb (2004:8-10). ‘Constructing the Trans-
around the World. Israel Highway’s Inevitability.’
28
Chapter TWELVE CASE STUDIES
29
Public-Private Partnerships in Housing and Urban Development
SWC fought for a renegotiation of the terms feasibility studies when evaluating the basis
of contract and won. The new agreement of PPP suitability in the region, particularly
trimmed down the annual concession fees with regard to the demand data collected in
paid to the municipality by SWC for five projections. In addition, while the agreement
years, increased water prices for the local outlined a system for project oversight by the
community, and cut promised investment in municipality, it is clear that the public partner
maintaining and upgrading services by more did not have the necessary skills to fulfill
than half.58 Following renegotiations, SWC this role. An emphasis on providing training
slowly climbed back to profitable numbers for municipal staff so they could adequately
while Suez reportedly obtained a 21 percent oversee the management of the water utility
return on its investment, mainly due to a fixed might have achieved more reliable service
annual fee SWC pays each year.59 delivery with fewer price increases for the
community.61 Lastly, given that the contract
Key Observations and Issues did not include a specific provision for
community consultation, better integration
A brief overview of this case study presents a of stakeholders into the process could have
mixed picture of the performance and reliability ensured that more adequate information
of the water and wastewater partnership. was available when formulating contract
The procurement process initiated a fair and decisions.
competitive tender process with SWC chosen
only after lengthy evaluation of the partner’s It should be noted that to date, community
suitability as outlined by the municipality.60 members have expressed considerable
Additionally, there appeared to have been dissatisfaction and mistrust of the partnership’s
considerable due diligence taken on the part ability to provide quality water service
of the partnership to ensure reliability and for the region. Since the beginning of the
viability in the planning stages of the project. concession agreement, there have been several
Advisors on both sides were called in to help interruptions of water services with little or
consult on complex negotiation and contract no warning, and many communities still
issues with the final concession agreement suffer sewage overflow, causing health hazards
providing considerable details on matters of for surrounding communities.62 Reported
price, performance parameters, the rights and unresponsiveness on the part of SWC on
responsibilities of various partners, as well as these, and other community complaint issues
provisions for performance monitoring and are a pointed concern despite the fact that the
evaluation. company operates a well-equipped call center
that tracks complaints data.63 Residents also
In hindsight, however, it is clear that a report confusing communication channels on
greater effort and investment was needed in important information regarding service and
testing the information that formed the basis other provisions. For instance, policy clarity
of the contract to ensure better performance on the accommodation of a national free
and monitoring of the project. For example, water requirement for the poor, along with
more information was required in the conflicting information regarding the cost and
approaches for service delivery, were reportedly
58
Ibid.
61
Farlam (2005:26).
59
Ibid.
62
Robbins (2004).
60
Glen Robbins (2004:12), A Water Sector Public-
Private Partnership Case Study: Ilembe Municipality
63
Ibid.
(formerly Dolphin Coast) Siza Water Company. 64
Ibid.
30
Chapter TWELVE CASE STUDIES
31
Public-Private Partnerships in Housing and Urban Development
66
See http://mmc.gov.my/v1/index.php?option=com_
65
Physicians for Peace and Social Responsibility frontpage&Itemid=1
(2008:14), “Training Future Doctors: Have We Got it 67
Physicians for Peace and Social Responsibility
Right?” (2008).
32
Chapter THIRTEEN CONCLUSION
33
Public-Private Partnerships in Housing and Urban Development
REFERENCES
Asian Development Bank. (n.d.). Public- Farlam, Peter. (2005). ‘Working Together:
Private Partnerships Handbook. Assessing Public-Private Partnerships
in Africa’, Nepad Policy Focus Series.
Askey, Stacy. ‘What Makes the New Regent Netherlands: The South African Institute
Park Hot (and Cool)’, The National Post. of International Affairs.
January 30, 2009.
Finlayson, Jock A. (2002). ‘The What and
Boase, Joan Price. (2000). ‘Beyond Why of Public-Private Partnerships’,
Government? The Appeal of Public- Policy Perspectives Vol. 9 No.1. Vancouver:
Private Partnerships’, Canadian Public Business Council of British Columbia.
Administration Vol. 42, No. 1: 75-92.
Food &Water Watch. (2009). Dried Up,
Bult-Spiering, Mirjam, and Geert Dewulf. Sold Out: How the World Bank’s Push
(2006). Strategic Issues in Public-Private for Private Water Pushes Harms the Poor.
Partnerships: An International Perspective. Washington: Food & Water Watch.
Oxford: Blackwell Publishing.
Garb, Yaakov. (2004). Constructing the Trans-
Calabrese, Daniele. (2008). ‘Strategic Israel Highway’s Inevitability. Jerusalem:
Communication for Privatization, Floersheimer Institute for Policy Studies.
Public-Private Partnerships, and Private
Participation in Infrastructure Projects’, Institute for Public-Private Partnerships.
World Bank Working Paper No. 139. (2009). Public-Private Partnerships in
Washington: World Bank. E-government: Knowledge Map.
Canadian Council for Public-Private Lea, Michael J., and James E. Wallace. 1996.
Partnerships Website. (2005). http:// Current Practices for Financing Affordable
www.pppcouncil.ca/. Accessed March Housing in the United States. A paper
16, 2010. prepared for the Fannie Mae Foundation
Office of Housing Research and the 1996
City of Calgary. (2008). Public-Private Tri-Country Conference on Housing and
Partnerships Calgary Council Policy Urban Issues.
Framework.
Mackintosh, M. (1992). ‘Partnership: Issues
Conference Board of Canada. (2010). of Policy and Negotiation’, Local Economy
Dispelling the Myths: A Pan Canadian Vol. 7,
Assessment of Public-Private Partnerships
for Infrastructure Investment. Ottawa: No. 3: 210-224.
Conference Board of Canada.
Malaysia Medical Council Website
Deloitte. (2006). ‘Closing the Infrastructure (n.d.) http://mmc.gov.my/v1/index.
Gap: The Role of Public-Private php?option=com_frontpage&Itemid=1
Partnerships’, A Deloitte Research Study. Accessed July 10, 2010.
34
REFERENCES
Moszoro, Marian, and Paweł Gąsiorowski. South African National Treasury Website.
(2008). ‘Optimal Capital Structure of (n.d.). http://www.treasury.gov.za.
Public-Private Accessed June 3, 2010.
Partnerships’, IMF Working Paper. Washington: Stiglitz, Joseph E., and Scott J. Wallsten.
International Monetary Fund. (1999). ‘Public-Private Technology
Partnerships: Promises and Pitfalls’,
Murphy, Tim. (2009). ‘Financial challenges American Behavioural Scientist Vol. 43,
for P3 Projects after the Financial Crisis’, No.1: 52-73.
A McMillian Report.
TCHC [Toronto Community Housing
OECD [Organization for Economic Co- Corporation]. (2002). Regent Park
operation and Development]. (2005). Revitalization Study. Toronto: TCHC.
‘Investment for African Development:
Making It Happen’, Discussion Paper for TCHC [Toronto Community Housing
the OECD Investment Committee. Corporation]. (2003). Regent Park
Revitalization Plan: Financial Plan and
4ps. (2008). Developments in Procurement Proposed Strategies. Toronto: TCHC.
Law. London: Public Private Partnerships
Programme. TCHC [Toronto Community Housing
Corporation]. (2007). Regent Park Social
Palmer, Glady. (2009). ‘Public-Private Development Plan. Toronto: TCHC.
Partnerships: Literature Review’, Aids
Delivery Methods Programme. Trade Investment Nigeria Website. (2009).
http://www.tradeinvestnigeria.com/
Physicians for Peace and Social Responsibility. feature_articles/959808.htm Accessed
(2008). Prepared for a Forum on Training March 25, 2010.
Future Doctors: Have We Got it Right?
UNCITRAL [United Nations Commission
PricewaterhouseCoopers. (2005). ‘Delivering on International Trade Law]. (2004).
on the PPP Promise: A Review of PPP Model Legislative Provisions on Privately
Issues and Activity’, A Research Study. Financed Infrastructure Projects. New
Robbins, Glen. (2004). A Water Sector Public- York: United Nations.
Private Partnerships Case Study: Ilembe UNECE [United Nations Economic
Municipality (formerly Dolphin Coast) Commission for Europe]. (2008).
Siza Water Company. Prepared for the Guidebook on Promoting Good Governance
National Business Initiative. in Public-Private Partnerships. Geneva:
Rosenau, Pauline Vaillancourt. (1999). United Nations.
‘Introduction: The Strengths and
35
Public-Private Partnerships in Housing and Urban Development
United Kingdom Department for Transport. World Bank. (2009). ‘Attracting Investors to
(2003). ‘Green Public-Private Partnerships: African Public-Private Partnerships’, A
A Guidance Note. United Kingdom: project Preparation Guide. Washington:
Office of the Deputy Prime Minister. World Bank.
United States [U.S.] Department of Transport. World Bank. (2009). Private Participation in
(2007). Case Studies of Transportation Infrastructure Database Website (2009).
Public-Private Partnerships around the Accessed March 15, 2010.
World’, prepared for Office of Policy
and Government Affairs. Washington: World Bank. (2009). Systems of Cities:
Federal Highway Administration. Harnessing Urbanization for Growth and
Poverty Alleviation. Washington: World
USAID. (2005). Case Studies of Bankable Water Bank.
and Sewerage Utilities, prepared for the
United States Agency for International
Development.
36
The Global Urban economic DialoGUe SerieS
HS Number: HS/062/11E
ISBN Number (Series): 978-92-1-132027-5
ISBN Number (Volume): 978-92-1-132356-6