Guideline Scheme IIPDF
Guideline Scheme IIPDF
Guideline Scheme IIPDF
and
Guidelines
for
India Infrastructure Project Development
Fund
Contents
Preamble
iii
vii
1
1
3
4
5
6
8
11
11
12
13
18
21
i.
ii
iii.
iv.
v.
2. Operational management
i.
ii.
iii.
iv.
v.
ii
Preamble
With the Indian economy now recording a growth rate of over 8%, it is estimated that
Rs.20,01,776 crore ( at 2006-07 prices) or US $ 488 billion. would be required for investment in the
infrastructure sectors during the next 5 years. A significant share of this investment is expected from
the private sector. Public Private Partnerships (PPPs) present the most suitable option of meeting
these targets, not only in attracting private capital in creation of infrastructure but also in enhancing
the standards of delivery of services through greater efficiency.
Government of India has introduced several innovative Schemes aimed at promoting PPPs.
Whereas to attract the private sector, commercially viable projects should be on offer and to
inculcate the discipline of user pay principle and provision of these services should be based on
payment of tariff, Government must also fulfil its commitment towards inclusive growth which
makes it obligatory to fix the tariffs based on the capacity of the common man to pay. Due
diligence is also essential given the substantial contingent liability that could devolve on the State in
such projects.
While encouraging PPPs, six constraints have been identified:
(i) Policy and regulatory gaps, specially relating to specific sector policies and regulations;
(ii) Inadequate availability of long term finance (10 year plus tenor) both equity and debt;
(iii) Inadequate capacity in public institutions and public officials to manage PPP processes;
(iv)Inadequate capacity in the private sector both in the form of developer/investor and
technical manpower; and
(v) Inadequate shelf of bankable infrastructure projects that can be bid out to the private sector.
(vi) Inadequate advocacy to create greater acceptance of PPPs by the public.
iii
To address these constraints, several initiatives have been taken by Government of India to
create an enabling framework for PPPs by addressing issues relating to policy and regulatory
environment. Progressively more sectors have been opened to private and foreign investment, levy
of user charges is being promoted, regulatory institutions are being set up and strengthened, fiscal
incentives are given to infrastructure projects, standardised contractual documents including the
Model Concession Agreement are being notified, approval mechanism for PPPs in the Central
sector has been streamlined through setting up of PPPAC and a website exclusively devoted to PPPs
has been launched to serve as a virtual market place for PPP projects.
To address the financing needs of these projects, various steps have been taken like setting
up of India Infrastructure Finance Company and launching of a Scheme to meet Viability Gap
Funding (VGF) of PPP projects. Setting up of infrastructure funds are also being encouraged and
multilateral agencies such as Asian Development Bank have been permitted to raise Rupee bonds
and carry out currency swaps to provide long term debt to PPP projects.
To meet the capacity building requirements in the sector, with support from Technical
Assistance from World Bank and Asian Development Bank, necessary measures are being taken to
implement various Schemes like assisting the State Governments and Central Ministries in hiring
consultants through a panel of Transaction Advisers, preparation of a manual on PPPs to guide the
users and undertake training programmes for public officials. In addition, State Governments are
also being provided with technical assistance in the form of in-house PPP experts to manage the
process for project development.
The opportunities for private investment in infrastructure projects are immense. As the
reach of PPP increases across the sectors, the capacity of the private sector to manage these projects
over their entire life cycle of 20 to 30 years would also have to be enhanced. Government of India
now allows FDI in most infrastructure sectors to the extent of 100%. The time is ripe for the
foreign strategic investors to begin to taking greater interest in project development and
management activity in India.
iv
The overall response to promote PPPs as the preferred mode for the execution of
infrastructure projects, despite apparent benefits to the governments in the States and Central
Government departments, has not yielded satisfactory results.
Lack of credible projects on offer to private investors has been identified as one of the major
constraints in promoting PPPs. Therefore, a more aggressive approach is needed for preparing a
pipeline of credible, bankable projects that can be offered to the private sector through competitive
bidding process.
To speed up the process, a panel of consultants has been short listed, which would be
available to the Central Ministries and the State Governments. The panel has been created through
competitive bid and technical short listing. The sponsoring authority would be able to select any of
the consultants from this panel through a limited financial bid without having to go through the
lengthy and more complex technical bid for small and medium sized projects.
While quality advisory services are fundamental to procuring affordable, value-for-money
PPPs, the costs of procuring PPPs, and particularly the costs of transaction advisors, are significant.
For providing financial support for quality project development activities to the States and the
Central Ministries a corpus fund titled India Infrastructure Project Development Fund
(IIPDF), with initial contribution of Rs. 100 crore is being set up. Although it is envisaged as a
revolving fund and would get replenished by the reimbursement of investment through success fee
earned from successfully bid projects, should there be a need, it can be supplemented in subsequent
years through budget support. The IIPDF would assist ordinarily up to 75% of the project
development expenses. The assistance from IIPDF would ordinarily be in the form of interest free
loan. On successful completion of the bidding process, the project development expenditure would
be recovered from the successful bidder.
The IIPDFs primary objective would be to fund potential PPP projects project
development expenses including costs of engaging consultants and transaction advisor, thus
increasing the quality and quantity of successful PPPs and allowing informed decision making by
the Government based on good quality feasibility reports. The IIPDF will assist projects that closely
support the best practices in PPP project identification and preparation as set out in guidance to be
issued by the Department of Economic Affairs from time to time.
These Guidelines:
provide an overview of the IIPDF and its role in promoting sustainable PPPs for provision
of infrastructure and related services by the public sector in the Indian context.
vi
EI
Eligible sectors
Sectors that are eligible for Viability Gap Funding (VGF) under
the Government of Indias Scheme for Financial Support to
PPPs in Infrastructure.
GOI
Government of India
IIPDF
Project
Sponsoring Authority(ies)
Central
Government
Ministries/Departments,
State
Governments, Municipal or Local Bodies, Public Sector
Undertakings or any other statutory authority (such as the Delhi
Development Authority)
vii
Technical Close
Transaction Advisors
VGF
viii
The Union Finance Minister in the Budget Speech for 2007-08 announced in the
parliament the setting up of a Revolving Fund with a corpus Rs.100 crore to quicken the
process of project preparation. Accordingly the corpus fund titled India Infrastructure
Project Development Fund (IIPDF) has been created in Department of Economic
Affairs, Ministry of Finance, Government of India with an initial corpus of Rs. 100 crore
for supporting the development of credible and bankable Public Private Partnership
(PPP) projects that can be offered to the private sector. The IIPDF has been created with
initial budgetary outlay by the Ministry of Finance, Government of India.
The procurement costs of PPPs, and particularly the costs of transaction advisors,
are significant and often pose a burden on the budget of the Sponsoring Authority.
Department of Economic Affairs (DEA) has identified the IIPDF as a mechanism
through which Sponsoring Authority will be able to source funding to cover a portion
of the PPP transaction costs, thereby reducing the impact of costs related to
procurement on their budgets. From the Government of Indias perspective, the IIPDF
must increase the quality and quantity of bankable projects that are processed through
the Central or States project pipeline.
1.3
The IIPDF will be available to the Sponsoring Authorities for PPP projects for the
purpose of meeting the project development costs which may include the expenses
1.4
consultants and transaction advisors on a PPP project where such consultants and
transaction advisors are appointed by the Sponsoring Authority either from amongst
the transaction advisers empanelled by Department of Economic Affairs or through a
transparent system of procurement under a contract for services.
1.5
To seek financial assistance from the IIPDF it would be necessary for the
Sponsoring Authority to create and empower a PPP Cell to not only undertake PPP
project development activities but also address larger policy and regulatory issues to
enlarge the number of PPP projects in Sponsoring Authorities shelf.
1.6
The IIPDF is not a source of grant funding for the Sponsoring Authorities. The
Fund will assist ordinarily upto 75% of the project development expenses to the
Sponsoring Authority. On successful completion of the bidding process, the project
development expenditure would be recovered from the successful bidder. However, in
case of failure of the bid, the assistance would not be recovered. The Sponsoring
Authority would be liable to refund the amount of assistance received, in case it does
2
not conclude the bidding process for some reason or does not contract out the project
after the bid process has been completed.
1.7
of the project is an essential requirement for a projects success, assistance under IIPDF
funding will require co-funding by the Sponsoring Authority generally to the extent of
25% of the total project development cost, which would include the cost of prefeasibility study to determine whether a project is amenable to PPP. The assistance
from the IIPDF would ordinarily be released after the share of the Sponsoring Authority
has been released. Only in exceptional circumstances, the Empowered Institution (EI)
may relax this condition of co-funding by the Sponsoring Authority. This has the
following implications. First, the Sponsoring Authorities will have to commit funding to
the feasibility study for preparing the Memorandum for Consideration (MFC). Second,
the IIPDF will not pre-empt the decision of the feasibility study on whether a PPP is
appropriate or not.
The corpus of the IIPDF shall comprise of initial budgetary outlay of Rs. 100
As the IIPDF matures, funding from the multilateral and bilateral agencies could
instructions on the subject. Contributions from entities that may have a conflict of
interest in the decision making of the IIPDF shall not be approved. The minimum
amount of contribution from any such agency shall be Rs. 15 crores and the
contribution(s) shall be governed by the terms and conditions of these Guidelines. This
threshold limit can be reviewed by the EI from time to time, with the approval of the
Finance Minister. The financial management system will be set up to allow for specific
funding and reporting requirements of potential donors. Thus, donors agencies will
also be able to fund projects in specific sectors with financial management and
reporting that complies with the requirements of these Guidelines, with the prior
approval of the DEA. A representative of the donor agency may be invited as special
invitee to the meetings of the EI.
1.10
Within the validity of the IIPDF, the fund will include any or all accretions to the
IIPDF. If it is decided by the Government to close the IIPDF at any time in the future,
the balance on that date will be distributed among the Contributors in the same
proportion as the original contributions made by them.
Chairperson
b.
c.
d.
e.
This has been notified by DEA vide Notification No.2/10/2004-INF, dated August 18,
2005.
Set the terms and conditions under which the funding will be provided and
recovered
1.13
Set milestones for disbursing and recovering (where appropriate) the funding.
The Public Private Partnership Cell of the Department of Economic Affairs,
1.14
In due course, as the IIPDF matures, a suitable autonomous legal structure could
achieved. These milestones will be those set out in the MFC and approved by the EI.
2. Operational Management
3.
i. Funding from IIPDF
2.1
To seek project development funding from the IIPDF, the Sponsoring Authority
will apply to the PPP Cell in DEA through the Memorandum for Consideration
(Annexure-B). Funding by the IIPDF will be considered only if the following
requirements are met:
Sponsoring Authority shall prepare a MFC with respect to each such proposal. The
MFC would provide justification for undertaking detailed feasibility studies to be
taken up for financing out of the corpus of the Fund in the prescribed pro-forma.
6
5. The MFC shall contain the financial details of the project. Ordinarily, three types of
projects can be posed for funding under the IIPDF:
(i) Revenue
Generating
Commercial
Projects
(Concession/BOOT
or
its
8. Proposals for funding under these Guidelines would cover the entire gamut of PPP
projects, i.e. BOT (Toll), BOT (Annuity), long term management contracts etc. The
decision of the Empowered Institution about the eligibility of a project shall be final.
2.2
2.4
2.5
signatories from DEA and the Sponsoring Authority. The assistance from the IIPDF will
be released to the Sponsoring Authority in accordance with the signed funding agreement.
2.6
Does the Sponsoring Authority have available funds (on budget and from
donor sources) for use in project procurement and has the sponsoring
authority included project procurement in its budget?
Are the milestones for transaction advisor payment such that the project is
at risk of not reaching technical closure?
iv) Funding
Has a cash flow been submitted and verified by the PPP cell of the
sponsoring authority?
Has the project profile been established and is likely to be accepted by all
the stakeholders?
2.7
In case the project has been graded by one of the recognized Credit Rating
2.8
In all cases, the decision to fund or not fund the project will be at the discretion
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iii Monitoring
2.9
2.10
Generating
Commercial
Projects
(Concession/BOOT
or
its
v. Risk management
2.11
In order to fulfil its mandate of the IIPDF, the selection of projects is the most important
risk mitigation measure. The IIPDF is not intended to recover all disbursed funds; in fact, a nonrecovery rate of 25 per cent of the funds disbursed is assumed. This allows the IIPDF to also
fund projects that are innovative either in terms of sector or service provided at national, state
or local level.
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Annexure A
Memorandum for Consideration (MFC)
(Under Guidelines for IIPDF)
1. Introduction
The MFC is an application to be made by the Sponsoring Authority to seek
project development funding from the India Infrastructure Project Development
Fund set up by the Department of Economic Affairs, Ministry of Finance. The
information sought in the MFC and the rationale is given below. Annexure B
includes an Application Form to be completed for the MFC and Annexure C
provides a typical Table of Contents for the Preliminary Report to accompany the
MFC.
2. Project Proposal
The Sponsoring Authority, with the aid of the PPP
highlight the broad contours of the project and issues related to its
implementation framework in the proposed PPP option. The proposed project
development activities, budget and time lines will form a part of the report.
for the project, the components, their preliminary capacity/ sizing and block cost
estimates for investment sought through PPP options. In case of PPP options like
Service, Management or Lease Contracts, the investment required for
rehabilitation or efficiency improvement measures need to be stated, the absence
of which will hinder structuring performance based contracts.
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b. Environmental and Social Aspects: On one hand, the information must list
the applicable steps required to obtain environmental clearance under the
Environmental Rules and Regulations issued by competent aughority from
time to time. On other hand, the information should also bring out if there
are any environmental or social risks that can impact/delay/hinder the
project deliverables from considerations of efficient use of assets created
under a PPP framework. This should be addressed from an investment risk
perspective.
c. Financial Analysis: Financial analysis of the investment proposed for the
landed cost of the project (see definitions given in the guidelines, the project
cost to include cost of project development funding and returns thereon)
must highlight the sources of investment, drawdown period, the revenues
over the project contract period (due to tariffs for services and/or due to
savings arising out of efficiency gains) and Internal Rate of Return (IRR) on
Economic/ Project/Equity IRR considerations.
In case of non-revenue
Acts/Rules that grant authority to the Sponsoring Agency for developing and
implementing the project under the proposed PPP option and the proposed
decision-making steps to award the PPP contract. The objective is to ensure
that the Sponsoring Authority by itself or through an identified Competent
Authority has the necessary authority to approve the proposed project
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phases
of
the
project
development,
construction
and
sought from the private sector investor is minimal and based on informed
risk mitigation structures rather than perceived risks with mitigation
measures not mentioned.
f. Proposed PPP Implementation Structure: Typically, the intent of systematic
project development with funding support is to seek private sector
investment and management skills so that the Sponsoring Authority can
structure performance based service delivery, while allowing the private
sector to recover the investment with appropriate returns.
In case of
greenfield projects, options such as Build, Own, Operate & Transfer (BOOT),
BOT and its variants or Concession or Lease Contracts are possible.
However, in case of existing projects, where significant rehabilitation or
replacement of assets is necessary for asset performance improvement,
Management or Service Contracts (that bring in private sector efficiency and
management skills with investment mostly by the public sector) may be the
first step toward establishing efficient asset base and operational systems for
the project assets for subsequently enabling larger investments through
15
BOOT type contracts. Hence, the financiability of the proposed PPP option
must be highlighted.
g. Regulatory Aspects: The preliminary report accompanying the MFC must
mention the existing regulatory mechanism, as applicable, in case tariffs are
to be structured in the PPP options. In the absence of regulatory mechanism,
proposed steps for regulation by contract must be indicated.
h. Project Development Cycle:
project development activities and time lines starting from the appointment
of consultants and advisors culminating in the selection of the private sector
partner through a transparent and competitive procurement process. The
role of different government agencies, role of consultants and advisors should
be briefly included.
3.
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4.
5.
17
Annexure B
MFC Application Form
Nature of Assistance
Project Name
Sector
Sponsoring Authority
Location/
(State/District/Town)
Project Implementation
Milestones
18
Rs. Lakhs
Land
Building
Equipments
Any other (Specify)
Total Project Cost
B) Proposed means of financing
Source
Rs. lakhs
Private Sector
State Government
Sponsoring Authority
Govt. of India (VGF)
Any Other (Specify)
Total
IRR Estimations (as
applicable)
Estimated Project
Development Expenses
Economic IRR
Project IRR
Equity IRR
Item
Surveys and Investigations
Consultancy fees:
Technical
Environmental & Social
Legal
Financial
Any other
Total Consultancy Fees
Transaction Advisory Fees
Marketing and Procurement
Related Expenses
Any other
19
Rs. lakhs
20
Annexure C
Table of Contents of the Preliminary Report accompanying the MFC
1.
Introduction
2.
3.
Project Proposal (covering broad project concept and components, block cost
estimates, revenue structures etc.) (See Annexure A)
4.
5.
4.2
4.3
4.4
Legal framework
4.5
4.6
5.2
Time lines
5.3
5.4
5.5
5.6
Marketing
5.7
Procurement process
5.8
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6.
7.
8.
Recommendations
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