Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
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<strong>Development</strong> <strong>of</strong> <strong>Policy</strong>, <strong>Legal</strong>, & Institutional <strong>Framework</strong> <strong>for</strong> the PPP Program in Malawi<br />
Final Report<br />
<br />
<br />
<br />
What are the results <strong>of</strong> the Consumer Dem<strong>and</strong>, Af<strong>for</strong>dability, <strong>and</strong> Willingness to Pay<br />
Survey?<br />
What service delivery outcomes <strong>and</strong> improvements are expected from the project?<br />
What are the Service Delivery St<strong>and</strong>ards, <strong>and</strong> can those St<strong>and</strong>ards be complied with<br />
through operations <strong>and</strong> maintenance costs that are sustainable?<br />
About the Funding:<br />
<br />
<br />
<br />
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Has the feasibility consultant’s cash flow projections been verified by the PPP Unit's<br />
project advisor, <strong>and</strong> do they enable a competitive Financial Internal Rate <strong>of</strong> Return?<br />
Given prevailing market expectations regarding Equity Financial Internal Rate <strong>of</strong><br />
Return, can tariff levels required to achieve such return be realistically attained given<br />
the consumer pr<strong>of</strong>iles <strong>and</strong> willingness/ability to pay, <strong>and</strong> political factors impacting<br />
tariffs?<br />
Are the potential funding sources identified in the “market sounding” credible in<br />
terms <strong>of</strong> their track record <strong>of</strong> success in similar projects, <strong>and</strong> their financial capacity?<br />
Is the proposed debt-to-equity ratio within generally accepted gearing limits <strong>for</strong> this<br />
sector, <strong>and</strong> are any Government guarantees or contingent liabilities required to<br />
secure the debt?<br />
Will the projected cash flows provide sufficient assurance <strong>of</strong> debt service, in<br />
particular does the debt service coverage ratio comply with generally accepted<br />
norms <strong>for</strong> the sector?<br />
Is there a “take-or-pay” <strong>of</strong>f-take contract that requires Government to pay <strong>for</strong><br />
capacity even if consumption levels <strong>and</strong>/or Accounts Receivable collection<br />
per<strong>for</strong>mance does not provide the required cash flow to make payments required<br />
under the contract?<br />
Is there a supply contract, e.g. fuel supply <strong>for</strong> a power generator, <strong>for</strong> which<br />
Government must provide a guarantee, or if supply costs pass through to the<br />
buyer(s) can the buyer(s) af<strong>for</strong>d it?<br />
Because the PDF operates like a Trust <strong>and</strong> its Governing<br />
Board sets policies consistent with its fiduciary<br />
responsibilities, the contributors <strong>of</strong> the assets <strong>of</strong> this quasi-<br />
Trust have broad discretion in the instructions that they<br />
give to the Governing Board. These instructions can be<br />
adjusted from time to time as circumstances change. As is<br />
the case with a Unit Trust <strong>for</strong> investment purposes, those<br />
providing the Corpus <strong>of</strong> the Trust may collectively, or in<br />
some cases individually, instruct the Board (analogous to<br />
PDF Project Priorities<br />
The PDF policy board will set annual<br />
priorities <strong>for</strong> the types <strong>of</strong> projects to be<br />
funded by the PDF, <strong>and</strong> make these<br />
public. Projects that fall outside these<br />
priorities will not be excluded from<br />
getting PDF funding, but the PDF<br />
priority will be one <strong>of</strong> the factors taken<br />
into account.<br />
the Fund Manager in an Investment Trust) how they want their money to be invested. As is the<br />
case with an Investment Trust, these investment decisions reflect the mix <strong>of</strong> risks that the<br />
investors want to have in the Trust. There<strong>for</strong>e, the contributors to the PDF may, from time to<br />
time, instruct the Governing Board regarding their preferred risk pr<strong>of</strong>ile. Some PPP projects<br />
may have a relatively high level <strong>of</strong> risk (international PDF experience has been that a high-risk<br />
project is one that has about a 25% probability <strong>of</strong> not reaching financial closure) <strong>and</strong> other may<br />
<strong>of</strong>fer lower financial <strong>and</strong> economic returns but have commensurately lower levels <strong>of</strong> risk. The<br />
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 52