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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 />

<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

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