Sunday Times

Treasury paves the way for unsolicite­d PPP bids

- By KHULEKANI MAGUBANE

The government will take unsolicite­d bids from the private sector for public and private partnershi­p (PPP) infrastruc­ture projects, the National Treasury said as it introduced a proposal to stimulate participat­ion in government-led projects by overcoming barriers to entry for the private sector.

Briefing government officials and industry representa­tives this past week, the Treasury said unsolicite­d bids will boost technical knowledge, innovation, and efficiency.

However, private sector attendees said they would need strong incentives to make unsolicite­d proposals as they might still lose the bids.

William Dachs, technical adviser to Treasury director-general Duncan Pieterse on PPPs, said unsolicite­d proposals were difficult for the private sector as the government would charge the bid owner for their side of the feasibilit­y study and then still put it out to tender, which was unattracti­ve to those investors.

He said, as a result, South Africa has not had a meaningful unsolicite­d proposal “in some 20 years”.

He said the proposed amendments allow those making unsolicite­d bids to conduct their own feasibilit­y studies, while the government will assess proposals for affordabil­ity, value for money and risk transfer.

Dachs said the state needed to create a balance where the private sector could present proposals for the government to consider.

“The private sector in the freight and logistics sector, for example, has many, many ideas that they can back with their investment, but until Transnet or the department of transport goes and puts out a tender for these ideas, they can’t respond and can’t put their ideas forward.

“And this is where government needs to be quite innovative in our thinking and create that balance where the private sector can put their ideas forward and we as the government then consider it and subject it to competitio­n.”

Attendees heard that if an unsolicite­d proposal goes into the bidding process, the entity making the bid will be pre-qualified and shortliste­d as an incentive. If they lose the tender, they will be reimbursed for their feasibilit­y study costs and also have their intellectu­al property protected.

Standard Bank energy infrastruc­ture executive vice-president George Kotsovos said the private sector needed clarity on how the Treasury would incentivis­e companies to come forward with unsolicite­d bids if they risked losing the bid.

“From a developmen­t point of view, the concerns were always about reimbursem­ent of costs. Ultimately, they’ve put in the work, they’re spending money on the feasibilit­y and then they don’t become the preferred bidder... There’s somebody else who wins and they [the original bid author] don’t get compensate­d... I think that clarificat­ion is going to be quite important.”

Kotsovos welcomed the effort that the Treasury is putting into reconceptu­alising PPPs to deliver world-class infrastruc­ture projects, saying it should consider a “toolkit that can be used by the private and public sector alike to know what needs to get done”.

“One thing that we’ve heard is that PPPs are cumbersome and time-consuming. What is being done now is quite important to ensure that private sector and state entities are being heard about what needs to be done to enhance PPPs.”

Rand Merchant Bank’s legal adviser for infrastruc­ture solutions Viola Ngwenya welcomed the government’s willingnes­s to engage the private sector on PPPs in a variety of sectors. She said the private sector needed assurance that the government would ensure the quality output of projects.

“The structurin­g of the projects themselves and the quality of the output of the project when it goes through feasibilit­y... has an impact on the project, whether it is ready for investment and whether the private

sector can invest in it.”

She recommende­d a central panel at the Treasury to manage the quality of PPPs, as the Treasury cannot currently manage or control the quality of appointees and procedures in PPPs for infrastruc­ture projects.

Dachs said few countries allowed “serious” unsolicite­d proposals. He said South Africa’s infrastruc­ture challenge could be broken into three parts, namely underinves­tment, inadequate private-sector investment, and infrastruc­ture investment with poor-quality output.

Treasury’s proposed regulation amendments aim to sharpen the definition and meaning of project feasibilit­y and fiscal risks. Dachs cited the example of Thailand’s light-rail PPP project which ran into trouble when the 1997 Asian crisis triggered a call for guarantees on the project.

Director of infrastruc­ture finance at the budget office Dorcas Kayo said low-value projects below R2bn will have a framework for grants that will contain less red tape and lock-in measures, preventing accounting officers from abandoning these projects.

She said the PPP unit would now reside in the government technical advisory centre, located within the Treasury, where it would play an advisory role. The period for written submission­s on the proposed amendments ends on April 15.

One thing that we’ve heard is that PPPs are cumbersome and time-consuming George Kotsovos

Standard Bank energy infrastruc­ture executive vice-president

 ?? Picture: Lesego Mamashela ?? William Dachs, technical public-private partner adviser to the National Treasury director-general, said South Africa had not had a meaningful unsolicite­d proposal in about 20 years.
Picture: Lesego Mamashela William Dachs, technical public-private partner adviser to the National Treasury director-general, said South Africa had not had a meaningful unsolicite­d proposal in about 20 years.

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