high speed rail norway commercial, contractual and organizational issues public conference 16th...

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High Speed Rail Norway Commercial, Contractual and Organizational issues Public Conference 16th December 2010 www.pwc.com

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High Speed Rail NorwayCommercial, Contractual and Organizational issues

Public Conference 16th December 2010

www.pwc.com

PwC

Work stream: Commercial and Contractual Strategies and Organizational aspects

Outline of tasks

Approach

Interconnectivity between the work streams

Preliminary considerations

– Commercial

– Contractual

– Organizational

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 2

16 December 2010

PwC

Outline of tasks

• Commercial Strategy

- How the procuring Authority might limit and manage the cost of building and operating HSR in Norway ?

- How to get best value for money from the procurement?

• Contractual Strategy

- The key issues to be addressed in delivering successfully HSR in Norway including the allocation of responsibilities and risk

• Organizational issues

- How to structure the organization in order to implement the commercial and contractual strategies and achieve a successful delivery of HSR

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 3

16 December 2010

PwC

Approach

• Key drivers of approach

- Consider all realistic alternatives at a generic level

- Describe the pros and cons of options, no recommendations in this phase of work

• Key activities

- Review of previously prepared material

- Leverage experience

- Develop lessons from case studies

- Preliminary market sounding

- Understanding key risks

- Recognise dependencies on other workstreams

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 4

16 December 2010

PwC

Interconnectivity between the workstreams

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 5

16 December 2010

Market

Technical

Environmental

Rail planning

Economic

Commercial, contractual

and organizational

The Commercial, contractual and organizational solutions chosen should deliver the key requirements defined by the other workstreams.

The tailored solutions will impact the business case for each project

PwC

Commercial Strategy – preliminary considerations

• Life Cycle Cost considerations

- How to avoid a cheap build that requires extensive maintenance?

- How to encourage contractors to look at cost implications for the whole system of their solution? (TransPennine Express)

• Risk identification and allocation

- What are the key risks? (Planning, land purchase, tunnelling conditions)

- How much risk could be allocated to contractor? (Size of project, risk premia, risk of no bid)

- How to deal with interface issues? (Rail-wheel, tunnelling with civils)

• Achieving cost certainty (West Coast Mainline, Gardermobanen)

• Potential for funding through operating profit (Taiwan experience of increasing State support)

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 6

16 December 2010

PwC

Contractual Strategy – preliminary considerations

• Packaging - criteria and considerations

- Reducing interface risk whilst being able to procure the “best” for each activity (Signalling systems may constrain choice of rolling stock)

• Interfaces

- With the existing network (Specification, access to build and maintain, timetables)

- Outside the HSR programme organization (Roads Authority, City Authorities, Power)

• Nature of contracts

- Traditional approach has been one of input specification (Minimises interface risk)

- More recent trend is towards output (what the asset/service should deliver) or outcomes (the impact of those outputs)

• Charging

- What revenues will the infrastructure generate? How determined/ controlled? (Setting of fares and access charges)

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 7

16 December 2010

PwC

Organisational – preliminary considerations (1)• Roles to be fulfilled for project delivery:

• Who should be the Procuring Authority ? (Independent Authority has overseen successful introduction of HSR in Spain)

• How much of the work should the Procuring Authority do? (CrossRail engaging delivery organisations)

• How much interface risk should the Procuring Authority allow and manage? (Japanese approach – all work together to resolve)

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 8

16 December 2010

GovernmentSet policy

Procuring Authority

Define specification

Government Delivery Co

Manage delivery

Contractor/ConsortiumBuild/operate infrastructure

Train OperatorOperate services

Rolling stock contractor

Build/Maintain stock

PwC

Organisation – preliminary considerations (2)

High Speed Rail Norway Commercial, Contractual and organizational issuesSlide 9

16 December 2010

Example organization structure

• on

Government

Procuring Authority

DeliveryCo(Govt owned)

PassengersRegulator

HSR OperatorInfraBuildCo

Constructionsubcontract

Constructionsubcontract

VehicleCo Rolling stock (manufacturer

and maintenance

Signalling and Operationsubcontract

Maintenancesubcontract

InfraCo

Build contract (including milestone payments)

Transfer of assets and liabilities at construction completion

Debt Finance

Equity

Debt Finance Equity

Contractual and payment arrangement

Financing cashflow

Shareholding

Maintenance and operations contract

Operating contract

Customer revenue

Track access

charges

Possibly PPP-type contract (including milestone payments

Thank you

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