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Signing the contracts on the respective PPP projects in federal highways construction results in extensive rights and obligations for the contracting parties. Contract management for PPP projects was therefore established by BMVI on the part of the public sector, with the aim of

  • reliably meeting the obligations in the contracts, if possibly nationally consistent and in the long run,
  • fully exercising the rights conferred by the contracts and
  • ensure ongoing (success) monitoring.

Contract management thus constitutes the fourth phase in the value for money assessment process.

VIFG’s concrete tasks here are

  • preparing and if necessary updating instructions,
  • merging individual reports into a general report,
  • clarifying outstanding issues and
  • generating financial data from the FMS of VIFG.

The implementation of the contract management can be distinguished in three main steps.

  • The processing of the contract (so-called contract management in the strict sense) is realised by the respective road construction authorities of the federal state or the DEGES on their behalf. The data and experience gained over the course of the project processing are transmitted once a year to the BMVI and the VIFG in a coordinated report format. In addition to the regular contributions there is also the possibility to report ad hoc for special occasions.
  • In addition, key processes and cross-project issues are managed administration level of the federal government. For this purpose, BMVI has established a point of contact for central processes (so-called contract management in the broader sense) in the road construction division in department StB 26.
  • Two rounds of sharing experiences are held annually at the invitation and under the direction of BMVI, with the aim of ensuring standardised contract practice and interpretation. In a further exchange of experience, the road construction authorities of all federal states and the Bundesanstalt für Straßenwesen (BASt - federal highway research institute) and the DEGES come together along with the BMVI and the VIFG for general PPP issues.

In order to described the objectives of contract management for the PPP projects in the federal highways sector, the road construction authorities of the federal states must report to the BMVI. On the one hand, it is essential that all important information on the individual PPP projects are available across the federal states in standardised form. On the other hand, the administrative expenses for the preparation of the reports should be kept as low as possible (for example with the use of templates and standardised work flows).

Financial data for the reporting are thus primarily generated from the FMS of VIFG while technical aspects and clarifications on financial data are provided by the road construction authorities of the federal states and DEGES.

VIFG supports the BMVI when reporting on this basis. An instruction sheet for the preparation of reports was designed by VIFG - in accordance with the BMVI - to ensure a largely common format. This instruction sheet for the implementation of contract management was sent to the road construction authorities of the federal states and DEGES in 2009 so that the first projects could be reported on in this form after one year.

Initially, the reporting was done on a semi-annual basis and offered new insights. In 2012, it was therefore decided to revise the reporting format and content, a task that was assumed to a large extent by VIFG. The reasons for an adjustment were particularly as follows:

  • The experiences of four pilot projects and the previously created reports were available. Although reporting in the initial years was developed to accompany the first projects, the findings from six to seven years of practical experiences with PPP projects in the federal highway construction should be taken into account. Individual aspects were explicitly incorporated in the instruction to report on this in a standardised manner in the future. An example for this is the issue of compliance with deadlines and quality during the construction phase of a project.
  • The completion of the construction phase of three pilot projects (A8, 1. construction section in Bavaria, A4 in Thuringia and A1 in Lower Saxony) made it clear that transparency of individual project phases is useful.
  • At the same time, two new PPP projects were added with the project launch/beginning of concession in 2011. Both include enhanced or new structures in comparison to the pilot projects, which manifest themselves particularly in the payment mechanism. A wide variety of payment mechanisms (toll forwarding, unity toll, availability fee) necessitated respective adjustments in the financial reporting section.

To do so, the report cycle was rearranged - reporting is now carried out only once a year. The point of contact for central processes at the federal government within the context of contract management and the regularly scheduled dates for the exchange of experience became part of the instructions.

In terms of content, the classification structure particularly was adjusted to ensure that individual information can be requested more precisely and the information requirement adapts to the specific phase of the project (for example no reporting on the construction after completion). The different model structures also had to be taken into account in the instruction in different ways. Moreover, the querying with regards to financial issues was adjusted in a revised structure.

Annual reporting for each PPP project in the federal highways sector is divided, and will continue to be divided into the following sectors for the respective reporting period in the future:

  • Technical reporting on planning, construction, operation, maintenance and road safety (technical report section),
  • reporting on the financial transactions (financial reporting section) and
  • reporting on special events and other topics.

Technical reporting serves the performance monitoring of private contracting partners (contractor or concessionaire). The status of the construction is therefore represented by a target/actual construction period comparison during the construction phase. Additionally, there is an assessment of the quality of the planning, construction, operational service, maintenance and management performance of private partners.

The data collection and preparation for all financial transactions (for example claims on regular payments, any initial financing, compensation payments to the private partner, etc.) is carried out by the FMS of VIFG. Additional explanations are required in certain cases (for example compensation payments to private partners or even contractual penalties due to deviations from the specifications), which are provided by the road construction authorities of the federal states or the DEGES on their behalf with their reports.

The final adapted version of the updated instruction sheet was finalised in January 2013 and was sent out to the road construction authorities of the federal states and DEGES by the BMVI in February 2013. As a result of the reorganised regular cycle, the first reporting by the VIFG was due in autumn of 2013.