PPP Contingent Liabilities: Are We Doing It Right?

Quick Answer

Often not. Many PPPs look as if they sit off the government's books, but they carry guarantees and implied rescue promises that surface in a crisis, as toll roads in Mexico, an airport road in Korea and the UK's air traffic control company showed. The countries that manage this risk best, such as Chile and South Africa, approve PPPs centrally, analyse the guarantees they give and report them publicly. A dedicated contingent liability fund, fed partly by the private partner's share of extra revenue, would add a further safeguard.

About

Public-private partnerships (PPPs) often leave governments holding contingent liabilities: guarantees and implied rescue promises that cost nothing until something goes wrong, then cost a great deal, as Mexico's US$7.7 billion toll road bailout showed. Governments can manage this risk by approving PPPs centrally, valuing each guarantee, reporting their exposure openly and setting aside a dedicated fund.

Key Takeaways

Are public-private partnerships really off the government's balance sheet?

Not always: a public-private partnership (PPP) can keep new infrastructure off the government's balance sheet at the start, but the contract often leaves the government holding contingent risks, meaning obligations that only become payments if a specified event occurs. Because these obligations need no cash up front, cash-based budgets and accounts tend to overlook their cost, and governments preparing a PPP often ignore these risks or are unaware of them.

When such an event does occur, the cost can be large and it can arrive suddenly. The Covid-19 pandemic showed how payment risks sitting quietly in different contract clauses can be triggered at once and turn into a substantial fiscal burden: the International Monetary Fund expected many PPP companies in health, energy and transport to be hit, with force majeure clauses and minimum revenue guarantees coming into play. It also warns that the fiscal costs of guarantees tend to surface in a crisis, when they do most damage.

“the apparent difference is mainly an illusion caused by primitive accounting”

Timothy Irwin and Tanya Mokdad, on the fiscal cost of PPPs compared with publicly financed projects. Managing Contingent Liabilities in Public-Private Partnerships, World Bank, 2010, page 2.

Why do governments give guarantees to PPP projects?

Because many projects would not be viable for private investors without them. Governments use PPPs to bring private sector efficiency and possible cost savings into infrastructure. Yet exchange rate movements, market risk and force majeure can make a project too risky for the private sector to carry alone, which is why the European PPP Expertise Centre lists demand and macroeconomic risks among the main reasons governments give guarantees.

Governments therefore step in with support such as revenue guarantees and exchange rate guarantees. Each form of support creates a future contingent liability, so the risks need careful analysis before a guarantee is given. Sound structuring and mitigation of risk are fundamental to a successful PPP.

The usual principle is that each risk goes to the party best placed to manage it. Where the government takes on a share of the risk, it creates substantial explicit and implicit fiscal liabilities, mostly through the PPP agreement itself. Understanding and quantifying those liabilities is essential, and the International Monetary Fund sees valuing them as central to transparency about fiscal risk.

The European PPP Expertise Centre sets out the range of state guarantees used in PPPs in its 2011 guide. They include finance guarantees and contract provisions such as revenue guarantees and termination payments. Table 1 sets out the three families of guarantee the guide describes.

Table 1: Types of state guarantee used in PPPs

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FamilyInstrumentWhat the government commits to
Finance guaranteesLoan guaranteesThe government services the lenders' debt if the PPP company fails to. Cover can be full or partial, and paid at once or in instalments.
Refinancing guaranteesThe government repays lenders, or pays the extra cost, if the PPP company cannot refinance its debt on acceptable terms as it nears maturity.
PPP contract provisionsRevenue or usage guaranteesThe government tops up revenue or usage that falls below an agreed level. Common in transport PPPs.
Guaranteed minimum service chargesThe service charge will not fall below a threshold, whatever the PPP company's performance.
Change of law or regulation undertakingsThe government protects the PPP company against future changes in policy or regulation.
Termination paymentsCompensation on early termination that goes beyond the contract's value, for example repaying all or a set share of the lenders' debt.
Debt assumption undertakingsThe government takes over the PPP company's debt if the contract is terminated.
Residual value paymentsThe government pays a pre-agreed amount on expiry, reflecting the asset's remaining value.
Sub-sovereign creditworthiness guaranteesCentral government supportCentral government stands behind the payment obligations of a regional or local contracting authority.

Source: European PPP Expertise Centre, State Guarantees in PPPs (2011), section 2, pages 13 to 17. Summarised by MCC Economics.

The guide groups state guarantees into three families. Only the first is a guarantee given directly to lenders; the rest are written into the PPP contract or given on behalf of another public body.

What is a contingent liability in a PPP?

Any obligation that only turns into a payment if an uncertain event occurs. The most common is a guarantee, which legally binds a government to take on an obligation if a clearly specified uncertain event occurs. Such obligations can be explicit or implicit, and can be mapped against obligations the government owes in any event.

An explicit contingent liability is written into a contract, law or policy commitment. The government guarantees payments to the PPP partner if exogenous events named in the contract occur, and a minimum revenue guarantee is the most familiar example.

Explicit liabilities come in two kinds. Some have amounts that cannot be predicted with certainty, such as the cost of acquiring land for the project (Irwin and Mokdad, 2010, page 3). Others can be specified in advance, so the PPP agreement can include a specific provision for them, as with revenue sharing agreements. Table 2 summarises the contingent liabilities that PPP projects create.

Table 2. The fiscal risk matrix for PPP projects: direct and contingent obligations

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Type of obligationDirect (obligations in any event)Contingent (obligations if a particular event occurs)
Explicit (created by contract)Obligation to purchase output, for example under a power purchase agreement
  • Revenue guarantees
  • Debt guarantees
  • Liabilities guarantees
  • Exchange rate guarantees
Implicit (political obligation of the government)None shownAssumption of the debts or obligations of concession companies or utilities (for example, the United Kingdom and Mexico)

Source: Adapted by MCC Economics from the fiscal risk matrix in Polackova, Contingent Government Liabilities: A Hidden Fiscal Risk (IMF, Finance & Development, 1999), Box 1, page 48, with PPP examples in place of the general ones.

 Government obligations in a PPP, split by whether they are written into a contract or only expected of the government, and whether they fall due in any event or only if something happens.

The International Monetary Fund ranks government obligations by how certain they are (Table 3). The further an obligation sits towards the uncertain end, the less likely it is to appear as a liability in the government's accounts, and PPP guarantees sit near that end.

Table 3. Government obligations ranked by how certain they are

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Nature of obligation (most certain first)ExamplesTreatment under international accounting standards (2005)
Fixed timing and amountDebt instruments; invoiced accounts payableRecognised as liabilities
Fixed amount, uncertain timingUninvoiced accounts payable; payment arrearsRecognised as liabilities
Estimated timing and amountCivil service pensions; guarantees that are highly likely to be called; decommissioning costsRecognised as liabilities
Obligations under contracts not yet performed by either sideFinancial and operating leases; payments under PPP contractsFinancial leases recognised as liabilities; operating lease commitments disclosed; PPPs not covered
Constructive obligationsSocial security schemes; medical benefits for retireesRecognising some social security obligations was under consideration
Explicit contingent obligationsSome guarantees; government insurance schemes; warranties and indemnities; legal action against the governmentNot recognised; disclosed as contingent liabilities
Implicit contingent obligationsDisaster relief; support for public enterprises, public financial institutions and subnational governments; reunification costsNot covered

Source: International Monetary Fund, Government Guarantees and Fiscal Risk (2005), Table 1, page 6, which adapts a private sector framework from Stickney and Weil (2000). Wording condensed by MCC Economics.

Government obligations arranged from the most certain, such as debt, to the least certain, such as implicit support. PPP payments sit in the middle; guarantees and implicit support sit at the uncertain end.

Why are implicit contingent liabilities harder to manage?

Because no contract records them, so they are hard to spot, value and budget for. Implicit contingent liabilities arise when people expect the government to take on an obligation even though no contract or policy commits it to do so. The expectation usually rests on past or common practice, such as providing relief after uninsured natural disasters or bailing out public utilities and strategically important private infrastructure firms that get into financial difficulty.

These liabilities can pose an even greater fiscal risk than explicit ones: the International Monetary Fund finds that implicit liabilities are potentially the most costly. Their value is hard to estimate and the probability that they will be called is uncertain. Because they are not part of a PPP programme's formal commitments, governments find it difficult to make budget provision for them, and budgets seldom set aside anything to meet calls.

An implicit guarantee has a cost even when nothing is paid. A worked example by Ehrhardt and Irwin (2004) shows this: a firm funded almost entirely by debt has about a one-in-three chance of being unable to repay within a year (Figure 1).

Figure 1: How likely a highly leveraged firm is to go bankrupt within a year

Show the data
MeasureValue
Expected value of firm after one year$110.0m
Debt repayment due$94.5m
Probability firm value falls below the repayment31.5%

Source: Rebuilt by MCC Economics from Ehrhardt and Irwin, Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects (World Bank, 2004), Figure 4, page 36, using the authors' stated assumptions (Table 5): an illustrative firm: $100 million of assets, $10 million of equity, $90 million of debt repayable as $94.5 million after one year, a 10 per cent expected return, a 5 per cent risk-free rate and 25 per cent volatility. The rebuilt model reproduces the published probability of about 31 per cent.

The spread of values the firm could be worth after one year. The shaded area is every outcome in which the firm is worth less than the $94.5 million it owes, which happens about 31 per cent of the time.

If a state bank lends to that firm at the government's own borrowing rate, part of the loan's value passes to shareholders (Figure 2). If lenders then come to expect a rescue, the same amount passes again, this time from the government to the lenders (Figure 3).

Figure 2: A cheap public loan moves value from the lender to shareholders

Show the data
BasisDebtholders ($m)Shareholders ($m)
Amount contributed90.010.0
Present value of claim84.715.3

Source: Ehrhardt and Irwin, Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects (World Bank, 2004), Figure 8, page 39. Same illustrative firm as Figure 1, with the loan made by a state development bank at the 5 per cent risk-free rate.

The state bank lent $90 million at the risk-free rate, but a loan with a 31 per cent chance of default is worth only $84.7 million. The $5.3 million difference goes to shareholders, whose $10 million stake is worth $15.3 million. A commercial lender would have charged about 11%.

Figure 3: How an implicit guarantee moves value from the government to lenders

Show the data
CaseDebtholders ($m)Shareholders ($m)Government ($m)
No guarantee84.715.30.0
With implicit government guarantee90.015.3−5.3

Source: Ehrhardt and Irwin, Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects (World Bank, 2004), Figure 10, page 43. Illustrative firm with $100 million of assets financed by $10 million of equity and $90 million of debt, with 25 per cent volatility in firm value.

In the authors' example, the firm has about a 31 per cent chance of being unable to repay its debt within a year. Once lenders expect the government to step in, their claim becomes risk-free and its value rises from $84.7 million to $90.0 million. The $5.3 million gain is matched by a $5.3 million loss to the government.

Timing makes these liabilities harder still. The need for support tends to be counter-cyclical: it tends to arise in a crisis, when the government is least able to provide it. Such liabilities can have sizeable financial implications, especially when the government backstops public enterprises, public financial institutions, subnational governments and private firms.

What happens when a contingent liability is triggered?

The government ends up paying, sometimes for years and sometimes in billions of dollars. High debt is a common thread: infrastructure companies tend to borrow more than most businesses (Figure 4), so a modest shortfall in revenue can push them towards default and the government towards a rescue. Three cases show how, and Table 4 summarises them.

Figure 4. Leverage by industry among companies listed in the United States, July 2002

Show the data
Industry or benchmarkLeverage
Minimum0.00
1st quartile0.13
Median0.22
Foreign telecoms0.36
3rd quartile0.38
Water utility0.42
Natural gas distribution0.46
Electric utility (East)0.48
Telecom services0.49
Air transport0.55
Electric utility (West)0.67
Power0.73
Maximum0.73

Source: Ehrhardt and Irwin, Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects (World Bank, 2004), Figure 2, page 11, using data from www.damodaran.com. Lighter bars show the spread across all listed industries.

 Every industry the authors selected carries more debt than the median listed industry (0.22). Power companies and western electric utilities sit at or near the top of the range, at 0.73 and 0.67. Project-financed infrastructure is higher still: debt averaged 65 to 76 per cent of total capital by sector for projects financed from 1997 to 2001 (same source, Table 1, page 11).

The chance of failure does not rise evenly with debt. It stays close to zero at moderate borrowing and then climbs steeply (Figure 5).

Figure 5. The chance of bankruptcy rises steeply as debt increases

Show the data
Required debt repaymentProbability of bankruptcy
$40m0.0%
$50m0.1%
$60m1.1%
$70m4.6%
$80m12.5%
$90m24.9%
$94.5m31.5%
$100m39.9%

Source: Rebuilt by MCC Economics from Ehrhardt and Irwin, Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects (World Bank, 2004), Figure 5, page 37, using the same stated assumptions as Figure 1, with volatility held at 25 per cent.

 With debt repayments of $50 million or less, the firm almost never fails. Beyond that, each extra dollar of debt raises the chance of failure faster: about 13 per cent at $80 million, 31 per cent at $94.5 million and 40 per cent at $100 million.

In Mexico, the government awarded more than 50 toll road concessions covering about 5,500 kilometres between 1989 and 1994. The concessions were highly leveraged, and local banks provided the debt on a floating-rate basis. Traffic came in below forecast and interest rates rose, and by 1997 the government had to restructure the whole programme and bail out the concessions. In total it took over 25 concessions and assumed about US$7.7 billion of debt, according to Ehrhardt and Irwin (2004).

In the Republic of Korea, the government guaranteed 90 per cent of forecast revenue for 20 years on a privately financed road linking Seoul to the new airport at Incheon in the 1990s. When the road opened, traffic revenue was less than half the forecast, and the government has had to pay tens of millions of dollars every year, as Irwin (2007, pages 1 to 2) records.

In the United Kingdom, National Air Traffic Services was to be paid fees based on airline traffic volumes under its PPP arrangement, and the company took on considerable debt for investment and operations. After the 11 September 2001 attacks, air traffic fell below forecast and the company was in danger of missing its debt payments. To reduce the perceived risk of disruption to the service, the government stepped in with £100 million of equity, as reported by Ehrhardt and Irwin (2004).

Table 4. Three cases where governments paid for PPP risks

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CaseGovernment supportWhat went wrongCost to the government
Mexico toll roads, awarded 1989 to 1994Implicit support for highly leveraged concessions financed by local banks at floating ratesTraffic below forecast and rising interest rates, made worse by the December 1994 crisis25 concessions taken over in 1997, with about US$7.7 billion of debt
Seoul to Incheon airport road, Republic of KoreaExplicit guarantee of 90 per cent of forecast revenue for 20 yearsTraffic revenue less than half the forecast when the road opened in 2000Tens of millions of dollars a year; a present value of about US$1.5 billion on one estimate
National Air Traffic Services, United KingdomImplicit support for an essential service company with 92 per cent leverage at book value in March 2002Air traffic fell below forecast after the 11 September 2001 attacks£100 million of equity injected by the government

Source: Ehrhardt and Irwin (2004), pages 21 to 24; Irwin (2007), pages 1 to 2.

Three cases in which support the government had given, in writing or by expectation, turned into large payments.

“In other words, the combination means customers and taxpayers bear more risk than would appear from the regulations governing the private infrastructure project.”

David Ehrhardt and Timothy Irwin, on private infrastructure projects that combine regulation leaving the company exposed to considerable risk, heavy borrowing and a government or regulator unwilling to let the company go bankrupt. Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects, World Bank, 2004, page 4.

How do Chile, South Africa and the United Kingdom control PPP guarantees?

Through central approval backed by analysis and public reporting, though each country does it differently. Chile has guaranteed the revenue of many infrastructure projects, including power generation, toll roads and airports. These PPPs are approved by the minister of finance (Irwin and Mokdad, 2010, page 20) on the basis of contingent liability analysis, which includes estimating the cost and risk of revenue guarantees with a stochastic model. The government also publishes information on contingent and direct PPP liabilities in its annual reports on public finances and on contingent liabilities.

Chile's guarantees have been called, but the payments have stayed small next to the projects they supported (Irwin and Mokdad, 2010, page 18), as Table 5 shows.

Table 5. Chile's spending on revenue guarantees, 1997 to 2008

YearPayments (US$ million)
19970.04
19980.10
1999 to 2001No data
20020.45
20032.48
20044.34
20056.41
20069.42
200717.37
20087.44

Source: Irwin and Mokdad, Managing Contingent Liabilities in Public-Private Partnerships (World Bank, 2010), Table 3, page 19, from Gómez-Lobo and Hinojosa (2000) for 1997 and 1998 and from the Ministry of Public Works for 2002 to 2008. Gross payments, converted from unidades de fomento at US$35.72 each.

Chile's payments under its revenue guarantees rose from US$0.45 million in 2002 to US$17.37 million in 2007, then fell to US$7.44 million in 2008.

South Africa follows a similar approach. The National Treasury must approve PPP proposals at four stages before a contract is signed, and proposals must set out their contingent liabilities as part of project preparation. Line ministries then include a disclosure note on their PPPs in their accounts (Irwin and Mokdad, 2010, pages 28 to 33).

The United Kingdom, with its long experience of PPP projects, gives most of the responsibility for project development and contingent liability assessment to the relevant line ministries: the departments that procured or sponsored each project supply its data. Like Chile, it discloses the guarantees it gives under PPP arrangements, with public reporting of the fiscal implications of Private Finance Initiative projects every six months.

Irwin and Mokdad compare Chile and South Africa with the Australian state of Victoria (pages 36 to 38), another programme regarded as good practice (Table 6).

Table 6. How Chile, South Africa and Victoria manage PPP contingent liabilities

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FeatureChileSouth AfricaVictoria (Australia)
Main contingent liabilitiesRevenue guarantees on most toll road and airport concessions; renegotiations have caused large unplanned spendingCompensation for early termination, including for force majeure and contractor default; some revenue guaranteesMore limited than in Chile or South Africa, and mostly risks the government can control
Where PPP expertise sitsConcessions department, Ministry of Public WorksPPP unit, National TreasuryPPP group, Department of Treasury and Finance
ApprovalMinister of finance approves each concession contract, advised by a Contingent Liabilities and Concessions UnitNational Treasury approves at four stages; its Fiscal Liability Committee reviews at the fourthCabinet approves at four stages, advised by the Department of Treasury and Finance
AnalysisMinistry of Finance measures and values revenue guarantees for existing and proposed concessionsAnalysis of each project's contingent liabilities; the Gautrain approval rested on a 50-page reportGuidelines focus on the expected cost of uncertain payments when comparing a PPP with public finance

Source: Irwin and Mokdad, Managing Contingent Liabilities in Public-Private Partnerships (World Bank, 2010), Table 6, pages 36 to 38. Wording condensed by MCC Economics.

Three well-regarded PPP programmes, compared on the liabilities they carry and how they approve and analyse them.

Victoria's process shows how those checks are built in from the start: Cabinet must approve a PPP at four points (Irwin and Mokdad, 2010, pages 10 to 12) between the business case and the start of contract management (Figure 6).

Figure 6. Developing and approving a PPP in Victoria, Australia

Orange marks the four points where the Victorian Cabinet must approve.

  1. Service needIdentify service needs against government priorities, focusing on outputs over time.
  2. Option appraisalConsider the options, including a PPP, and weigh their financial and other impacts, risks and benefits.
  3. Business caseConfirm the project offers a net benefit: quantify risks and costs, start a public sector comparator and run a cost-benefit analysis.Cabinet approval: Funding and project approval
  4. Project developmentAssemble the team, plan the project, refine the public sector comparator, set commercial principles and consult.
  5. Bidding processInvite expressions of interest, shortlist bidders, prepare the project brief and contract, then evaluate bids.Cabinet approval: Issuing the invitation for expressions of interestCabinet approval: Issuing the project brief
  6. Project finalisation reviewConfirm the policy intent and value for money, report to the minister and advise the treasurer.
  7. Final negotiationNegotiate, review probity, report to the minister and treasurer, sign the contract and reach financial close.
  8. TransitionFinalise the contract management plan and manual, and set up performance reporting.Cabinet approval: The contract management plan
  9. Contract managementMonitor delivery and service outputs, manage variations and protect the integrity of the contract.

Source: Irwin and Mokdad, Managing Contingent Liabilities in Public-Private Partnerships (World Bank, 2010), Figure 1, pages 11 to 12, from the Government of Victoria's Partnerships Victoria guidance (2006), figure C1. Redrawn and condensed by MCC Economics.

 The nine stages Victoria follows to develop and award a PPP, with Cabinet approval required at four of them: before funding is committed, twice before going to market, and before contract management begins.

How do countries report and disclose PPP contingent liabilities?

In different ways: practice varies in where these liabilities are reported and in which ones are included. New Zealand recognises PPP contingent liabilities on the government's balance sheet. Other countries take a more conservative approach and disclose them in the notes to the balance sheet, as in the United States and Canada, or often in a separate statement, as in Australia and Japan.

Countries also differ in which contingent liabilities they report. New Zealand and the United States report all of them, while Hungary reports only explicit liabilities. International accounting standards require disclosure of explicit contingent liabilities but do not cover implicit ones.

How do countries limit their fiscal exposure to PPP guarantees?

With three kinds of rule: guidance on which risks to take, dedicated guarantee funds, and caps on total PPP commitments. Alongside quantitative valuation and reporting, several governments have set qualitative guidelines for managing the fiscal risk of PPP projects. Table 7 compares four of them.

Table 7. Fiscal risk rules for PPP guarantees in Chile, Colombia, Brazil and Indonesia

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RuleChileColombiaBrazilIndonesia
Defining contingent risksNone, but a standard has been establishedSpecific risks and mitigation mechanisms defined by sectorNonePrinciple defined
Project requirementsNoneTotal exposure to risk must be below 10 per cent of project costNoneProjects must be in priority sectors and selected through competitive tender
Standard valuationDefinedUnder developmentDefinedDefined
Setting funds to cover the expected value of guaranteesNoneExpected costExpected costExpected cost
Independent guarantee fundNoneFund is managed centrallyYesYes
Limit on overall exposure from guaranteesNoneNo explicit limitCapped by size of guarantee fundCapped by size of guarantee fund

Source: MCC Economics, original article.

How four countries define, value, fund and cap the contingent risks from PPP guarantees.

Brazil and Indonesia have both chosen to set up an independent guarantee fund, which is separate from government accounts, privately managed and capitalised upfront by transfers from the government. Brazil's fund was created under its 2004 Federal PPP Law (International Monetary Fund, 2006, page 18), and Indonesia's is the Indonesia Infrastructure Guarantee Fund.

Several countries have also set overall ceilings on their guarantees. In Hungary, the public finance law limits the total nominal value of multi-year PPP commitments to three per cent of government revenue. Brazil's Federal PPP Law limits the total financial commitments made under PPP contracts to a maximum of one per cent of annual net revenue.

Proposals for contingent obligations may need to be considered alongside competing instruments, and ceilings on the total issue of guarantees may need treasury approval during the budget process.

How should a government manage PPP fiscal risk centrally?

Through one accountable ministry and a clear approval process. In principle, central management should cover four things: the overall policy for approving projects; the identification, classification and recording of risk exposure; provision of funds to meet potential liabilities; and systems for monitoring the government's risk exposure.

Giving this responsibility to the Ministry of Finance, in close coordination with other key stakeholders such as the central bank, helps ensure that the most viable PPPs are selected; the International Monetary Fund likewise wants the finance ministry to take an active part in developing, reviewing and monitoring guarantees. For exchange rate and interest rate guarantees in particular, the central bank can give early insight into the potential future liability.

Controlling implicit contingent liabilities matters as much as controlling explicit ones, as the National Air Traffic Services case shows, and the International Monetary Fund treats it as a priority, if a hard one. For fiscal risks to shape decisions, the budget process needs suitable procedures for guarantees, and the right design will vary with the country and the maturity of its PPP programme. A multistage review of proposed PPPs by people with expertise in fiscal management, together with quantification of certain contingent liabilities, leads to a better value for money assessment (Irwin and Mokdad, 2010, summary, page vii).

Depending on the country, central control may mean requiring the prior approval of the minister of finance, the cabinet or the legislature, under a well-articulated policy framework that covers the justification, design, analysis and approval of guarantees.

“In sum, governments can easily make poor decisions about guarantees.”

Timothy Irwin, Government Guarantees: Allocating and Valuing Risk in Privately Financed Infrastructure Projects, World Bank, 2007, page 4.

Part of the problem is overconfidence. Irwin shows how an intuitive forecast of a risk factor such as traffic can be far narrower than the true range of outcomes (Irwin, 2007, pages 38 to 39), so a guarantee looks less likely to be called than it really is (Figure 7).

Figure 7. Why intuitive forecasts understate the risk a guarantee creates

Show the data
Measure (today = 100)Value
True 98% range after 10 years62 to 268
Intuitive 98% range after 10 years93 to 178
Expected value after 10 years135
Simulated path after 10 years80

Source: Rebuilt by MCC Economics from Irwin, Government Guarantees: Allocating and Valuing Risk in Privately Financed Infrastructure Projects (World Bank, 2007), Figure 3.3, page 39, using the author's stated assumptions: the risk factor grows at an expected 3 per cent a year with 10 per cent volatility, and a person's intuitive 98 per cent range is as narrow as the true 70 per cent range. The simulated path is one illustrative draw.

The shaded band is where the risk factor, such as traffic or an exchange rate, will stay 98 per cent of the time. The dashed band is what an overconfident forecaster believes is the same range. It is much narrower, so real outcomes often fall outside it, as the simulated path does.

How are government guarantees in PPPs valued?

Mostly with one of two techniques, Monte Carlo simulation or the Black-Scholes option pricing formula, and a growing number of governments now use them. Several governments already value the guarantees they give to infrastructure projects, including Canada, Colombia, Chile, the Netherlands, Sweden, Turkey and the United States (Cebotari, 2008, pages 16 to 22). Their methods differ: New Zealand values the maximum possible loss, while Colombia analyses the probability of default for infrastructure projects.

Chile shows why valuation matters. Its published figures separate the most it could have to pay from what it expects to pay (Irwin and Mokdad, 2010, page 24), and the gap is large (Table 8).

Table 8. Chile's liabilities in its concessions, September 2008 (US$ million)

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SectorInitial investment estimateSubsidies and service payments (present value)Spending promised in renegotiations (present value)Maximum payment under revenue guaranteesRevenue guarantees net of revenue sharing (net present value)
Route 52,7008361123,476117
Other intercity roads2,0951,195791,19593
Urban highways2,563286999536
Dams1582189No guaranteeNo guarantee
Airports34650010516
Jails and courts3291,1310No guaranteeNo guarantee
Others22422493Not estimated
Total8,4143,4799035,822232

Source: Irwin and Mokdad, Managing Contingent Liabilities in Public-Private Partnerships (World Bank, 2010), Table 4, page 23, from the Government of Chile's 2008 reports on public finances and on contingent liabilities. Investment estimates are based on winning bidders' technical offers; a further US$481 million of investment was being bid.

The most Chile could have had to pay under its revenue guarantees was US$5.8 billion. After allowing for the revenue it shares when traffic is strong, their expected net cost was US$232 million, about four per cent of that maximum.

“A defining characteristic of guarantees and other contingent liabilities is uncertainty.”

International Monetary Fund, Government Guarantees and Fiscal Risk, 2005, page 5.

That uncertainty covers whether the government will have to pay and, if so, when and how much. Two techniques are widely used to value guarantees, including those in PPP projects: Monte Carlo simulation and the Black-Scholes option pricing formula. Both can model guarantees such as toll revenue under a minimum revenue guarantee. The right choice depends on the structure of the guarantee and the information available about what drives guarantee payments.

In Monte Carlo simulation, the value of the underlying risky variable at any time depends on its initial value and on the mean and variance of its growth rate. Taking a large sample of outcomes for the random variable, and calculating the guarantee payment in each case, gives the probability distribution of payments and the expected payment. The value of the guarantee is the discounted present value of the expected risk-adjusted payments over its life.

The Black-Scholes formula values a guarantee as a financial option, since a guarantee gives its holder the option to claim against the government if a specified event occurs during the contract. It produces a precise valuation but can only be used for fairly simple guarantees. Monte Carlo simulation can handle more complex guarantees, but the result is only an approximation.

Governments that want a ready-made tool can use the PPP Fiscal Risk Assessment Model (PFRAM), which the International Monetary Fund and the World Bank developed to assess the fiscal costs and risks of PPP projects.

Option pricing also shows what drives the cost of an implicit guarantee. Using the same example as Figures 1 to 3, Ehrhardt and Irwin find that the cost is negligible at moderate debt and rises steeply when high debt meets high volatility (Figure 8). Table 9 compares the two valuation techniques.

Figure 8. The cost of an implicit guarantee grows with debt and risk

Drag to rotate · hover for values
Show the data
Debt repaymentHigh risk, 25% volatility ($m)Medium risk, 15% volatility ($m)Low risk, 5% volatility ($m)
$10m0.000.000.00
$20m0.000.000.00
$30m0.000.000.00
$40m0.000.000.00
$50m0.010.000.00
$60m0.080.000.00
$70m0.450.010.00
$80m1.530.180.00
$90m3.781.100.00
$100m7.513.760.43

Source: Rebuilt by MCC Economics from Ehrhardt and Irwin, Avoiding Customer and Taxpayer Bailouts in Private Infrastructure Projects (World Bank, 2004), Figure 11, page 44, valuing the implicit guarantee as a put option on the illustrative firm in Figure 1. The rebuilt model reproduces the published value of $5.3 million at a $94.5 million repayment and 25 per cent volatility; at $100 million it gives $7.5 million, which the authors round to about $8 million.

The height of the surface is the value of the government's unwritten promise to rescue the firm, for every mix of debt and business risk. The three coloured lines pick out low, medium and high risk. At $50 million of debt or less the promise costs almost nothing, whatever the risk; at $100 million it is worth about $0.4 million, $3.8 million and $7.5 million respectively.

Table 9. Two techniques for valuing a PPP guarantee

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TechniqueHow it values the guaranteeResultBest suited toExample in use
Monte Carlo simulationSimulates a large sample of outcomes for the risky variable and discounts the expected risk-adjusted paymentsAn approximationMore complex guaranteesChile values its minimum revenue guarantees and revenue sharing this way
Black-Scholes formulaTreats the guarantee as an option to claim against the government if a specified event occursA precise valuationFairly simple guarantees, such as those that can be exercised only once at a set dateChile used it for its exchange rate guarantees, which are no longer in force

Source: International Monetary Fund (2005), pages 11 to 13; Irwin and Mokdad (2010), page 18.

How the two main valuation techniques work, how precise they are and which guarantees suit each.

Not every estimate needs a stochastic model. South Africa's PPP manual shows a simpler, probability-weighted approach (Irwin and Mokdad, 2010, pages 31 to 32) that any finance ministry can apply (Table 10).

Table 10. Putting a number on construction cost risk: South Africa's worked example

Scroll sideways to see the whole table.

ScenarioChange in cost against the base estimateProbabilityExpected cost of overrun (R million)
Below base estimate−5%5%−0.25
No change0%10%0.00
Likely overrun+15%50%7.50
Moderate overrun+30%20%6.00
Extreme overrun+40%15%6.00
Total100%19.25

Source: Irwin and Mokdad, Managing Contingent Liabilities in Public-Private Partnerships (World Bank, 2010), Table 5, page 32, reproducing the National Treasury's PPP Manual, Module 4, page 51. The base construction cost in the example is R100 million.

Weighting five cost scenarios by their probability adds R19.25 million, about 19 per cent, to a R100 million base estimate of construction cost.

Should governments set up a PPP contingent liability fund?

Yes: developing and maintaining a PPP contingent liability fund, preferably held by the treasury or the central bank, is a good way forward. Colombia already pays the expected cost of its guarantees into such a fund, and the European PPP Expertise Centre suggests a fund as one way to limit exposure to state guarantees.

The PPP agreement could require the private partner to contribute to the fund. On a road PPP, for example, if toll traffic exceeds the expected level by more than an agreed percentage, the private partner could pay an agreed share of the extra toll revenue into the fund, much as Chile's concessionaires share revenue above a set threshold. The government could hold that money for future contingent liabilities on the same project or on other PPPs. The central bank, a private party or a financial institution could manage the fund so that the money is not spent on other purposes.

Indonesia has taken this route. The Indonesia Infrastructure Guarantee Fund was established on 30 December 2009 as a state-owned enterprise under the Ministry of Finance.

To set up a fund of this kind, a government can assess the potential contingent risk exposure from all its PPP contracts for a given fiscal year and size the fund with suitable tools, such as Monte Carlo simulation or the Black-Scholes formula; Colombia sets its appropriations to cover 95 per cent of possible outcomes. An annual review of how the fund is used can then guide further allocation and management. Independent PPP bodies such as the World Association of PPP Units & Professionals could act as gatekeepers, balancing the risk the government takes on against the allocation from the fund to each PPP project.

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