3.2.1   Carry out further studies, as needed

Even though the core technical, financial and economic studies will have been carried out during the feasibility phase, there may be a need for further, more focused studies during the procurement phase<1>

□  Preparing the business case and appraising the TEN-T project may have brought to light aspects where more detailed work is needed - for example, refinement of transport network effects to better understand future travel demand for the services, if this is a high-risk area.

□  The studies during the feasibility phase will have been oriented most of all to helping the public authority or authorities take a yes/no decision and select among major project alternatives, not necessarily to refine the TEN-T PPP design in preparation for contract drafting.

□  As the PPP design advances, decisions about risk allocation may require additional studies. For example, in some projects (e.g. involving tunnels) it may be useful for the public authority to carry out an initial study of ground conditions and make these available to bidders.

□  The public authority and its team of advisers should take great care to ensure a clear delineation of the extent to which the private sector can rely on the results of information given by the public authority. Unintentional warranties given by the public sector can undermine risk transfer. Legal advice should always be sought on potential legal responsibility or liability arising out of the provision of information by the public sector to the private sector. As a general principle, the private sector should be required to do its own due diligence investigations rather than rely on information provided to it.