December
27, 2005
Sea-to-Sky
Expensive and Overbuilt
Partnerships
BC, the arm of the government that looks after public-private-partnerships
(P3s), released a Report
on the Sea to Sky Highway in which it admits that its P3
option is more expensive than the public sector comparator
(PSC) but it justifies it by reference to over-built options
for the highway. The bidding process was turned upside down;
instead of asking for the best price, the Ministry of Transportation
(Mo T) specified the price and asked what could be built
for that amount. In the words of the report (page 10):
"Proposal
evaluation usually involves some element of low price competition
in which the specifications or outcomes are set and proponents
provide a price. For the Sea-to-Sky DBFO project, this process
was reversed - the maximum price that MoT was prepared to
pay for the private sector portion of the baseline highway
improvements and for operations, maintenance and rehabilitation
of the entire corridor was prescribed in the Request for
Proposals (RFP) document (in the form of an annual affordability
ceiling, or AAC)."
It estimated
the net present cost of the project in 2005 dollars as $789.8
million compared to $744.0 million if the Ministry of Transportation
had used private companies to design and build the highway,
after which it took responsibility for financing, operating
and maintaining it. A table on page 17 of the report shows
that as of December 2003 the government thought that the
P3 option would be less expensive than the public sector
comparator, but by December 2005 the analysis had changed
with the public sector cost comparator decreasing by $11.7
million and the P3 cost increasing by $101 million. Partnerships
BC argued that the additional cost of the P3 is justified
because the public will get what they estimate as $131 million
in net present value benefits as a result of extra features
delivered by the contractor because of the backwards bidding
process. (For example, 20 km of additional passing lanes
and 16 km of additional median barrier.) The extra features
will be very nice for users of the highway, but they are
beyond the Ministry of Transportation's specifications and
hence amount to over-building; unless the concept of opportunity
cost is meaningless, that means some other transportation
project will be short-changed or not done because of the
backwards process used to the benefit of the Sea-to-Sky.
Over-building
the highway and revising the cost estimates by $112.7 million
would be bad enough, but footnotes in the Report indicate
that the P3 was even more expensive than admitted in the
main text of the Report. Some figures used in the report
are present value; that means that an interest rate is used
to "discount" future costs to current day dollars.
For example, if the interest rate is 2.0%, then $1.00 today
is the same as $1.02 one year from now, equivalently $0.98
today is the same as $1.00 a year from now. The interest
rate used to determine present values in the Partnerships'
Report is 7.5%. The following footnote commented on how
that matters (NPC is net present cost, DBFO is design, build,
finance, operate, S2S is the contractor):
"Sensitivity
analysis of the 7.5 per cent discount rate showed that the
NPC of the DBFO contract would have been about $32.4 million
more than the PSC if a 8.5 per cent discount rate had been
applied, and about $62.2 million more than the PSC if a
6.5 per cent discount rate had been applied. The 7.5 per
cent discount rate is the weighted average cost of capital
(WACC) estimated by S2S, and reflects the actual risk profile
of the project from the perspective of the investor."
In other
words, the lower the interest rate used for the analysis,
the greater the disadvantage of using the P3. The rate chosen
was not what the public can borrow at, but what the private
sector consortium could borrow at. According to Public Accounts,
the weighted average of the interest rate on all outstanding
provincial debt was 5.8% in 2004, current borrowing rates
are lower. If 5.8% is used to discount the Sea-to-Sky Project,
the present value cost disadvantage of the P3 balloons to
more than $120 million (you have to calculate that with
a spreadsheet
since it's not in the report). Bias in favour of the P3
is revealed further in a footnote that essentially says
that because the public sector comparator has cost advantages
with respect to taxes it is penalized by adding a cost to
level the playing field. That's the kind of thinking that
restructured BC Ferries even though it means paying GST
and other federal taxes, previously exempt and now paid
by ferry users. In this case, the comparison introduced
what it called a "competitive neutrality adjustment"
which it described as follows (page 18, note 5, PSC is public
sector comparator, NPC is net present cost):
"The
competitive neutrality adjustment is made to ensure that
the PSC does not reflect any competitive advantage that
would simply be the result of public sector ownership. This
allows a like-with-like value for money assessment. Without
a competitive neutrality adjustment, the PSC may be artificially
low and not reflect the full costs to government. The competitive
neutrality adjustment decreased by $21.2 million (from $62.5
to $41.3 million NPC) to reflect the final tax payable under
S2S's corporate structure. The final amount ($41.3 million
NPC) adjusts for the tax-exempt status of public sector
corporations ($4.2 million) and the self-insurance policy
of the Province ($37.1 million)."
Partnerships
BC admits to a cost disadvantage for the P3 of $45.8 million
but tries to justify it with the over-building; however,
re-doing their calculation, allowing for the interest rate
(conservatively 5.8%) and tax advantages enjoyed by the
public sector, puts the P3 more than $161 million behind
the public sector comparator, not counting the $42.9 million
"risk adjustment" assigned to the public sector
comparator. Even if $131 is factored in as a net benefit
for the over-building, the project ends up being $30 million
worse than the public sector comparator. Data presented
in a table on page 14 of the Report makes it possible to
do the re-calculation.
The
Vancouver Sun reported on part of the Partnerships'
Report on its front page on December 23rd, prompting a Christmas
Eve treat courtesy of Minister of Transportation, Kevin
Falcon, in the form of a letter to the editor. He wrote:
"Rest assured the project will not cost taxpayers $312
million more than forecast over the next 25 years. That
figure was extracted from the non-risk adjusted Public Sector
Comparator payments table on page 14 of the report."
Falcon wanted to make sure that no one confused 25 years
of operating and maintenance costs with the original promise
that capital costs would not exceed $600 million. Falcon
should worry much less about the initial capital costs and
much more about the total costs over the term of the 25
year contract and the financial failure that is revealed
by a close reading of the report. Remember that Falcon is
the same minister who was responsible for a 990 year contract
in the sale of BC Rail.
It is
particularly disturbing that Partnerships BC at least partially
co-opted BC's Auditor General with its Report. The Auditor
was asked to verify the assumptions used in the Report.
In his covering note he emphasized that he did not audit
the report, he merely reviewed it. He concluded that: "Based
on my review, nothing has come to my attention that causes
me to believe that the Report prepared by Partnerships British
Columbia does not fairly describe the assumptions, context,
decisions, procurement processes and results to date of
the Sea-to-Sky Highway Improvement Project." He's right
that the Report is sufficiently transparent that a careful
read shows the government made significant errors in costing
the project in 2003, revised its figures in 2005 and justified
its preference for a P3 by creating artificial costs assigned
to the public sector comparator in the form of unrealistic
interest rates and tax treatment. Perhaps the Auditor should
do a real audit and comment on how the Sea-to-Sky project
has affected funding for other transportation priorities,
and whether he approves of backwards bidding that rewards
spending millions for construction that goes beyond specified
requirements.
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