APPENDIX FOUR Risks included in the Public Sector Comparator

Risks that the Agency identified would be priced and included in a PPP contractor's bid

Expected impact of risk/£

 

High Demand
Scenario

Base Case
Scenario

Construction Risk

 

 

Cost increases due to condition of the Agency's existing assets

5,531,422

4,425,137

Cost of upgrading and extending the telecommunications network are higher than forecasted

7,533,234

4,971,934

Completing the initial works takes longer than the planned two years

4,113,298

4,113,298

The contractor's loss of potential profits following termination of the contract as a result of a Force majeure event

127,240

63,620

Sub-contractor default

2,672,037

1,336,019

Industrial action affecting the contractor and/or its sub-contractors

470,787

235,394

The contractor is not ready at the relevant date to take on responsibility for delivering the existing services

1,236,151

1,236,151

The delay in the contractor's readiness to take on responsibility for delivering the existing services can be attributed to other contractors employed by the Agency

733,046

733,046

Interfaces between the contractor and third parties are more difficult than expected

839,783

419,892

Sub-contractors provided incorrect cost estimates for the pre-priced additional works

305,376

0

Responsibility for site and safety costs more than expected

381,720

190,860

Delays encountered in planning approval

190,860

190,860

The Agency causes delays to construction related activities

1,147,375

98,892

Unforeseen ground/site conditions are encountered

2,720,036

1,360,018

The contractor's project management is poorer than expected

3,295,512

1,644,923

Protestor action

1,412,362

704,967

Dealing with environmental damage

917,085

917,085

Design Risk

 

 

Costs associated with an outside body hacking, or attempting to hack into the NRTS systems

190,860

95,430

One, or more, of the designs for aerial masts is found to be deficient

477,149

0

One, or more, of the designs for camera masts is found to be deficient

0

0

One, or more, of the contractor's design submissions is delayed by the design approval process

2,793,638

2,793,638

The contractor fails to translate the Agency's requirements into one, or more, of the designed solutions

1,023,867

337,876

One, or more, of the contractor's designed solutions does not function correctly

2,201,005

2,017,588

A member of the contractor's consortium becomes insolvent

890,679

293,924

Legislative Risk

 

 

The Agency avoids the costs of third party claims by exercising the indemnities provided by the contractor

2,035,838

1,017,919

General changes in law adversely impact on assumptions relied on by the contractor in preparing its prices

1,526,878

503,870

Obsolescence

 

 

The contractor has to upgrade its chosen design to provide the contracted capacity as the Agency's demand for services increases

363,867

181,934

The contractor has to upgrade its assets because the provided technology does not meet contractual requirements

400,254

200,127

Operating Costs

 

 

Actual costs of maintaining the assets are higher than forecasted

699,819

2,519,349

Actual costs of maintaining the assets are higher than forecasted because of the presence of asbestos

381,720

381,720

Cost of providing the specified services was incorrectly estimated

7,459,040

7,160,679

The contractor is liable for failures in the compatibility between the NRTS systems and applications designed by third parties

267,204

133,602

The cost of repairing damage caused by others to uninsured property for which the contractor is responsible during the course of the contract

381,720

190,860

Performance Risk

 

 

The contractor suffers payment deductions as a consequence of latent defects materialising in new and existing assets

5,801,664

3,807,283

The contractor suffers payment deductions and has to correct performance shortfalls caused by poor build quality

7,195,418

3,597,709

The contractor suffers payment deductions because it is delayed in reaching full service status

1,730,839

1,730,839

The contractor suffers payment deductions because its sub-contractors take longer than estimated to complete ordered additional works

346,671

0

In circumstance where the Agency has provided early and clear notice of its programme of road works, the contractor is unable to meet its assumed efficiency levels for executing its additional works in order to meet the Agency's wider works programme

2,290,317

0

In circumstance where the Agency's programme of road works as been in flux before the start of the notice period for ordering additional works, the contractor is unable to meet its assumed efficiency levels for executing its additional works in order to meet the Agency's wider works programme

7,818,485

0

The contractor has underestimated the performance capability of the Agency's existing fibre optic cables

5,098,483

3,364,999

The contractor has underestimated the performance capability of the Agency's existing copper cables

4,299,310

2,837,544

The contractor suffers payment deductions because the NRTS network is not sufficiently resilient to prevent otherwise avoidable outages

254,480

127,240

The contractor suffers payment deductions because general performance standards are below those required by the Agency

6,380,243

3,190,121

The contractor suffers payment deductions because performance of services to roadside devices connected to the NRTS through ordered additional works is below contracted standards

2,035,838

0

In its management of disruptions to services caused by road works, the contractor is not as efficient as it assumed it would be

1,119,711

559,855

Regulatory Risk

 

 

The contractor incurs costs in meeting requirements flowing from the introduction of new British and/or international design standards

349,910

115,470

Residual value Risk

 

 

The contractor has to compensate the Agency for degradation of the NRTS assets beyond that permitted under the contract

1,154,495

577,247

Interface Procurement Risk

 

 

The contractor incurs costs because it has had to correct errors in the scope of the contracts awarded to its sub-contractors

4,453,395

1,781,358

The contractor incurs costs resolving disputes with its sub-contractors

827,059

330,824