Evaluation of progress in contractual terms: Two case studies of recent DBFO PPP projects in North America

In order to improve our knowledge of the best PPP approaches for transportation infrastructure, we examine two recently completed Design-Build-Finance-Operate (DBFO) PPP deals in North America on six critical factors identified in the literature review: 1) pre-construction and construction risks; 2) asset valuation, traffic demand, and revenue risks; 3) non-compete provisions; 4) facility performance standards; 5) early termination terms; and 6) public and political acceptance. The case studies exhibit evidence of improved balances of risks, responsibility, costs, and benefits between the public and private sectors, incorporating knowledge from past experiences, and suggest an increasing sophistication of governmental decision-making and a move toward what we call a “middle-ground approach” to successfully addressing key issues of PPP implementation. As technical experience and familiarity with PPPs grow among transportation officials in the public sector, it is likely that success with and acceptance of PPPs will increase in coming years.