Skip to content

Use of Performance Requirements for Design and Construction in Public-Private Partnership Concessions

December 2016
Table of Contents

« Previous

9 Glossary

Alternative Technical Concept (ATC)
A suggested change submitted by proposing teams to the contracting agency's supplied basic configurations, project scope, design or construction criteria. Must provide a solution that is equal to or better than the requirements in the RFP document.

Asset Management
Systematic and coordinated activities and practices through which an organization optimally and sustainably manages its assets and asset systems, their associated performance, risks and expenditures over their life cycles for the purpose of achieving its organizational strategic plan.

Asset Lifecycle
Time interval that commences with the identification of the need for an asset and terminates with the decommissioning of the asset or any associated liabilities.

Availability Payment (AP)
This is a type of financial arrangement in P3. The agency agrees to make regular payments to the private sector entity based on the facility's availability and level of service achieved for operations and maintenance. Unlike shadow tolls, availability payments do not depend on traffic volume.

Concession Period
Total of construction and operating periods.

Concessionaire
Private entity that assumes ownership and/or operations of a given public asset (e.g., roadway) under the terms of a contract with the agency.

Contingency
An allowance included in the estimated cost of a project to cover unforeseen circumstances.

Design-Bid-Build (D-B-B)
A project delivery method in which the agency procures design and construction services from two separate entities. The agency either performs design work in-house or procures services from a private engineering services entity to perform the design work, and then undertakes a separate procurement with a private construction services entity to perform the construction work.

Design-Build (D-B)
A project delivery method in which the agency combines procurement for both design and construction services into a single contract and from the same private sector entity (the design-builder).

Design-Build-Finance (D-B-F)
A project delivery method in which the agency awards a single contract to the same private sector entity for the design, construction, and full or partial financing of a facility, while the agency retains the responsibility for the long-term maintenance and operation of the facility.

Design-Build-Finance-Operations-Maintenance (D-B-F-O-M)
A service delivery method in which the agency awards a single contract to the same private sector entity for the design and construction of the facility, as well as for project financing and for operations and maintenance of the asset over a given concession period.

Differing Site Condition
May include (i) subsurface or latent physical conditions at the site which differ materially from those indicated in the contract, or (ii) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract

End Result Specification
Specifications that require the contractor to take the entire responsibility for supplying a product or an item of construction

Essential Function
Defines how well the highway facility needs to perform and the objectives for a successful delivery of the facility.

Function Analysis System Technique (FAST)
A technique to develop a graphical representation showing the logical relationships between the functions of a project, product, process or service based on the questions "How" and "Why".

Incentive/Disincentive (I/D)
A contract provision which compensates the contractor for each day that identified critical work is completed ahead of schedule and assesses a deduction for each day that completion of the critical work is delayed. The primary function of an I/D provision is to motivate the contractor to complete the work on, or ahead of, schedule, and recover damages to the traveling public for late completion.

International Roughness Index (IRI)
A pavement roughness index computed from a longitudinal profile measurement at a simulation speed of 50 mph (80 km/h).

Life Cycle Cost Analysis (LCCA)
A process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs - such as maintenance, user costs, reconstruction, rehabilitation, restoration, and resurfacing costs - over the life of the project segment.

Performance-Based Specifications (PBS)
Improved Quality Assurance Specifications that specify the desired levels of fundamental engineering properties (e.g., resilient modulus, creep properties, and fatigue) that are predictors of performance.

Performance Criterion
A measure that demonstrate a specific owner requirement has been met.

Performance Requirement
Defines what is needed to be done to accomplish the objectives of the project.

Performance-Related Specifications (PRS)
Are improved Quality Assurance Specifications that correlate key material attributes (Quality Characteristics) being measured to the likely performance of the in-place product.

Prescriptive or Method Specification
Specifications that require the contractor to use specified means and methods (e.g., materials in definite proportions, or specific types of equipment and methods to place the material).

Project Scoping
A phase in highway project development that involves a series of project-focused activities that develop key design parameters and other project requirements to a sufficient level of definition such that scope discovery is complete and a budget and project completion date can be accurately established to minimize the risk of significant change and project overruns.

Proprietary Specification
A specification that specifically calls out a brand name, model number, manufacturer of a product, or a product or method of construction that is patented. Typically used when no generic product is available to achieve the technical intent.

Quality Assurance (QA)
All those planned and systematic actions necessary to provide adequate confidence that a product or service will satisfy given requirements for quality.

Quality Assurance Specifications
Specifications that require contractor QC and agency acceptance activities throughout production and placement of a product. Final acceptance of the product is usually based on a statistical sampling of the measured quality level for key quality characteristics.

Quality Characteristic
That characteristic of a unit or product that is actually measured to determine conformance with a given requirement.

Quality Control (QC)
The process of monitoring specific project results to determine whether they comply with relevant quality standards, and identifying ways to eliminate causes of unsatisfactory performance.

Quality Management Plan (QMP)
A document that describes the P3 private partner's plan comprehensively on "how' quality will be achieved and managed through various phases of the concession period.

Rejection or Acceptance Limit
The limiting upper or lower value, placed on a quality measure, which will permit rejection or acceptance of a lot.

Risk
An uncertain event or condition that has negative consequence (i.e., threat) or positive consequences (i.e., opportunities) on project performance if it occurs.

Risk Allocation
The process of assigning engineering, operational and financial responsibility for specific risks to parties involved in the provision of services under P3.

Risk Transfer
The process of shifting the risk and responsibility from one party to another.

Shadow Toll
This is a type of financial arrangement in a P3. The agency agrees to make payments to the private operator, in lieu of tolls paid by facility users, based on usage of a facility. This gives the private sector an incentive to maximize volume.

Spearin Doctrine
A legal principle that holds that the contractor is not liable for any loss or damage resulting from defective plans and specifications, when the contractor follows the plans and specifications provided by the owner, and those plans and specifications turn out to be defective or insufficient.

Special Purpose Vehicle (SPV)
A corporate body (usually a limited company of some type or, sometimes, a limited partnership) created specifically to implement a P3 project, primarily to isolate risks.

Verification
Process of validating the accuracy of test results by examining the data and/or providing objective evidence.

Warranty
A written assurance that a product or service provided by a contractor will meet certain specifications and provide desired performance over a specified period of time, as well as the responsibility of the contractor (or a subcontractor or supplier) for the repair or replacement of the deficient product or service.

« Previous

back to top