Procurement Australian Clean Energy Summit 2017

Transcription

1 pwc.com.au Procurement Australian Clean Energy Summit 2017 July 2017

2 Contents 1 Procurement & Solar Market Snapshot 1 3 ECI / AWA 2 Free-issue Equipment 3

3 Procurement & Solar Market Snapshot

4 Procurement Procurement is the process of finding, agreeing terms and acquiring goods, services or works from an external source, often via a tendering or competitive bidding process. PwC 4

5 Solar Market Snapshot Competitive tender processes are regularly used in the renewables sector, including the solar market, to reduce development costs and to facilitate optimised design through competitive tension. Across the world solar prices continue to fall, with GMT Research predicting that the average global solar project prices will decline 27% by Competitive tender processes drive these price decreases but can also have a harmful side effective if the competitive tender process does not protect against hastily and poorly constructed components. PwC 5

6 Solar Market Snapshot A more competitive and efficient solar EPC landscape over the last couple of years has resulted in increased competitiveness and a decrease in project costs. Global declines in component costs drive reduction in solar project prices. Reducing prices also due to declining EPC (construction) costs and deployment of yieldboosting technology like tracking and opportunities from battery storage. A couple of years ago there were only a handful of experienced solar EPC contractors, and now 15+ in the market, with experienced EPC contractors from overseas and traditional construction companies in Australia entering the solar EPC market. Greater competition in the marketplace, increased knowledge and experience and improved design, procurement and construction techniques reduce the price of construction of solar projects. PwC 6

7 Early Contractor Involvement & Early Works Agreements

8 Early Contractor Involvement / Advance Works Agreements ECIs and AWAs can optimise design and assist a project in keeping to critical budget and programme parameters. It is important to ensure in the procurement of an ECI or AWA the contractor continues to be incentivised to optimise its performance. 1 What is an ECI / AWA? Used to: optimise the change of time critical milestones (E.g. design, longlead time items and permits / approvals) mitigate time pressures - complex engineering solutions unique design solutions assist fast-track financing investment by EPC contractor O&M benefits O&M integrated into upfront design When are these contracts being used by developers in a renewable project space? Early engagement of EPC contractors Early engagement of Network Service Provider for long-lead time items such as transformers Principal agreement (EPC / Connection Agreement) negotiated in parallel to the performance of ECI / AWA services PwC 8

9 Early Contractor Involvement / Advance Works Agreements Competitive market in respect to experienced EPC contractors. Many development opportunities being presented to EPC contractors and ECI / AWA is a means for a developer to ensure a contractor becomes invested in their project. For the contractor ECI / AWA ensures the developer is committed to and given the best chance at project success. 2 Increased EPC contract market participants benefits competitive tender process for ECI Changing technical requirements, for example- AEMO - benefits upfront contractor expertise Changes to supply and demand of components impact on design Market conditions currently favouring ECI / AWA PPA competition - Ability to reduce CAPEX and OPEX Ability to increase output design Strong spot prices require shorter construction timelines Cost of constructing connection assets EPC contractor unregulated assets Long lead time items transformers PwC 9

10 Early Contractor Involvement / Advance Works Agreements It is important that the parties to the ECI / AWA understand the intention for entering into the ECI / AWA and work collaboratively to maximise outcomes for each other. 3 ECI / AWA scope and price Expectations of the parties to be managed Agree how to proceed to negotiate principal contract If competitive tender process run, cap Tender Price to avoid price increases from ECI / AWA to principal contract Key Considerations Ensure continued competitive tension / incentivise contractor performance Reliance on site investigations and early design Intellectual property rights and use of Project IP Interface with other contractors Principal contract to apply retrospectively to govern and dictate the contractor s activities carried out pursuant to the ECI / AWA Insurance and security for performance PwC 10

11 Free-issue Equipment

12 Free-issue Equipment Equipment to be supplied by the developer free of charge. It may be advantageous for certain developers to freeissue the supply of certain equipment (e.g. solar PV panels) whilst the Contractor retains the wrapped risk. 1 Useful for items with long-lead times for fabrication Benefits Developer has strong supply agreements = reduced costs + reduce EPC Contractor / supplier margins Developer has manufacturing subsidiary. For example, solar PV panels Most likely to benefit large institutional developers 2 Interface issues essentially go to delivery, quality and design When does responsibility pass to contractor? Difficulties Planning and scheduling challenges Any deterioration in wrapped risk Supplier Warranties and EPC Contractor Warranties General rule - increased interfaces add risk PwC 12

13 Free-issue Equipment 3 Clear interface specifications - parties must clearly differentiate Clear and definitive change provisions - contract price and performance period (duration) Contingency re-planning if contractor needs to supply the panels Specify dates for supply of the free-issue equipment Drafting tips to mitigate difficulties If Contractor wrapping risk of the panels: Contractor - regime may be required for the visual inspection of the free issue of panels prior to acceptance of the panels Contractor - may want right to reject panels if they don t comply with design requirements Contractor- would be responsible for Defects Warranties on panels will need to be able to be enforced by Contractor during construction and DLP periods Clear indication of when duty of care / passing of risk occurs Supply of Spare Parts Insurance Powergard (manufacturer supplier) / Solar PV output insurance (developer supplier) PwC 13

14 Publications & Materials

15 PwC Publications Investing in Infrastructure this is a detailed publication aimed at superannuation/pension funds investing in infrastructure and also developers and lenders. It is a series of papers that is, in essence, a best practice guide to the risks in the development of a major infrastructure project, including specific sections that apply to renewable energy projects. Construction, operation, regulatory and bankability issues for utility scale renewable energy projects this is a paper we have recently published for the Australian renewable sector which has an almost never ending series of regulatory changes. It also talks to the development phase of wind and solar projects with a particular focus on the performance testing, performance guarantee and corresponding compensation regime for underperformance Utilities Industry Trends Energy storage technology can address some of the most troubling issues facing power companies. Power & Renewables Deals 2016 outlook and 2015 review Annual review of the mergers and acquisitions activity in the power and renewables sector across the globe. We also discuss the key themes that will drive deal activity in the year ahead, and the deal hot spots which will provide opportunities. PwC 15

16 PwC's Solar App (link) contains a practical guide to the key project agreements Power purchase agreement Connection Agreement We provide precedent project documents to provide you with a strong base for delivering your project from initiation to operation. Key project agreements EPC contract O&M con Supply Agreements Tripartite agreement PwC 16

17 This presentation has been prepared for discussion purposes only. The content herein does not constitute advice and should not be acted on or relied upon PricewaterhouseCoopers. All rights reserved. PwC refers to the Australian member firm, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see for further details. Liability limited by a scheme approved under Professional Standards Legislation