Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
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                             Review
                              of the
                    Pilot PPP Schools Bundle
                                 -
                           2019 - 2021

Revision History

AA Projects –
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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
AA PROJECTS LTD
About AA Projects

AA Projects is a management and property consultancy, established in 1999, with extensive experience
and expertise in both the public and private sectors, including significant experience in the Western
European PPP market. The firm works across the United Kingdom, Europe and the Americas and has 8
offices located in the United Kingdom.

We provide innovative, client focused consultancy solutions that are supported by best practice, with
quality and sustainability at the heart of our thinking. We pride ourselves on achieving best value for
clients, providing up-to-date knowledge of property management, estate strategies, procurement,
financing, and the complete management of the construction process. We also provide several
specialist consultancies including facilities management, energy and sustainability and rights of light.

We have significant experience of working in the PPP sector, with over 1.5m square meters of PPP
assets surveyed each year, technical advisory roles across multiple Primary PPP projects and
considerable expert witness work for several parties on the Procuring Authority and Investor side.

Our portfolio of clients is extensive and spans a wide range of sectors including commercial, education,
defence, health, heritage, regeneration, industrial & manufacturing, leisure & arts, government
agencies, residential, retail and transport & infrastructure.

The Review of the Pilot PPP Schools Bundle Commission

The Review of the Pilot PPP Schools Bundle has been commissioned by the Department of Education1
with the principal objective of examining all aspects of delivering the Pilot Schools under the PPP model
relative to delivering schools under the conventional delivery model, and to assess whether the
objectives of Pilot Schools have been met to date.

Our Consultants

Our highly skilled team includes strategic property consultants, PPP experts, building surveyors,
quantity surveyors, sustainability specialists and facilities management consultants.

             James Ryan                                Nikki Carters                                Aggie Juszczyk

             Director – Strategic                      Consultant -                                 Data Analyst -
             Management &                              Strategic                                    Strategic
             Lifecycle                                 Management &                                 Management
                                                       Lifecycle

1Following a Government Decision of the 26th June 2020 the Department of Education & Skills was renamed the Department
of Education.

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
CONTENTS
Executive Summary ..................................................................................................................... 10
Part 1 – Introduction ................................................................................................................... 19
Context of this Review........................................................................................................................... 19
Pilot PPP Schools Bundle ....................................................................................................................... 20
Conventional Schools ............................................................................................................................ 22
Methodology ......................................................................................................................................... 23
Part 2 – Comparison of the Pilot PPP Schools Bundle and the Conventional Schools ...................... 28
Design & Functionality .......................................................................................................................... 28
Building Condition ................................................................................................................................. 33
Lifecycle and Residual Value ................................................................................................................. 36
Maintenance & Facilities Services ......................................................................................................... 43
Energy Management & Performance.................................................................................................... 47
Administration ....................................................................................................................................... 49
Risk Profile ............................................................................................................................................. 50
Flexibility of Contracts ........................................................................................................................... 52
Third Party Usage .................................................................................................................................. 53
Value for Money Analysis ...................................................................................................................... 55
Part 3 – Extent to which the Pilot PPP Schools Bundle objectives have been met .......................... 59
Value for Money .................................................................................................................................... 59
Innovation ............................................................................................................................................. 60
Administration ....................................................................................................................................... 60
Part 4 – Conclusions .................................................................................................................... 63
Key Findings ........................................................................................................................................... 63
Conclusions............................................................................................................................................ 64
Recommendations for Further Reviews ................................................................................................ 64

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
APPENDICES
A   Review Objectives as per Scope of Services

B   Key Events in Pilot PPP Schools Bundle

C   Financial Analysis Assumptions

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
REPORT CONTRIBUTORS
PPP, Construction, Operations, Facilities Management and Whole Life Costing

Jon Birch MIWFM, AIOSH
David Bailey BA (Hons) MBA
Nicola Carters BSc (Hons)
James Ryan MSc MRICS
Aggie Juszczyk MA, BA (Hons)
Jaime Sullivan BA (Hons), PGDip, PGCert

Surveying
Sam Hardwick BSc Hons MRICS
Tim Hughes BSc Hons MRICS
Luke Cousins BSc Hons
Jason Rostron BSc Hons
Jack Mappin BSc Hons
Malcolm Lavin CEng PGDip

Energy and Sustainability
Richard Murray BSc (Hons), MRICS, CEnv,
Erika Rankin BA, MA, PG Cert
Scott Rushton BEng (Hons), MSc, MEI
Milo Kenny BSc (Hons), MSc
Rebecca Tehan BSc (Hons)

Norr – Architectural Review
Brian O’Donnell HNC CIAT
Kevin Cooper B.Arch Hons M.Arch RIBA FRIAS

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
GLOSSARY
Abbreviation   Term                     Definition
-              Additional Bank of       Quota of FM services to enable use by the school or
               Hours                    other third parties (Third Party Usage) outside of
                                        opening hour for community or other use. These hours
                                        are already paid for within the UC.
-              Backlog Maintenance      The cost to bring condition C and D assets up to condition
                                        B as identified within the condition survey and priced
                                        within the Lifecycle cost model.
BER            Building Energy Rating   A rating of the overall energy efficiency of a building. The
                                        rating is on a scale of A-G, with A rated buildings the most
                                        energy efficient and G the least.
BMS            Building Management      A computer-based system that controls and monitors
               System                   the building's M&E equipment such as ventilation,
                                        lighting, power systems, fire systems, and security
                                        systems.
CAPEX          Capital Expenditure      Refers to the construction and transaction costs for the
                                        PPP and Conventional Schools.
CIBSE          Chartered Institute of   International professional engineering association.
               Building Services
               Engineers
C&AG           Comptroller and Auditor -
               General
CAFM           Computer Aided           Utilising information technology to support the
               Facilities Management    management and delivery of FM services.
-              Concession               The contractual period for which the Project Company is
                                        responsible for the finance and operation of the PPP
                                        project. This is 25 years for the Pilot PPP Schools Bundle.
-              Conventional Schools     The collective name for the 4 schools selected by the DoE
                                        as the group for comparison against the Pilot PPP Schools
                                        Bundle.
                                        The Conventional Schools were developed by the DoE by
                                        way of traditional procurement using up-front
                                        Exchequer funding and external support, including the
                                        design team and contractors.
DoE            Department of            -
               Education
DPER           Department of Public     -
               Expenditure and Reform
DBFO           Design, Build, Finance   DBFO services are procured by the authority and
               and Operate              delivered by a private sector partner.
DFHERIS        Department for Further
               and Higher Education,

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
Research, Innovation
       and Science
ETB    Education and Training    -
       Board
EWG    Emergency Works Grant     DoE grant for works required in emergency situations
                                 such as health and safety matters. Grants are awarded
                                 based on an application and review basis.
FM     Facilities Management     Management and delivery of services that ensure the
                                 facilities meet the needs of the client and building users
                                 e.g., maintenance, cleaning, grounds maintenance,
                                 statutory compliance.
FMA    Facilities Management     The contract between the Project Company and the FM
       Agreement                 Contractor which details the scope of the FM services.
FC     Financial Close           The point at which the PPP financing documents have
                                 been signed and prior conditions for the availability of
                                 financing have been met.
-      Financial Model           A digital spreadsheet computer file that incorporates, for
                                 the duration of the contract, all the investments,
                                 revenues, costs, and taxes as well as several analytical
                                 parameters and the relative inflation. The tool also
                                 incorporates the free cash flow of both the project
                                 company and the equity investor. The model utilised in
                                 this review is the model at FC.
FRA    Fire Risk Assessment      Under section 19 of the Safety, Health and Welfare at
                                 Work Act, employers are required to carry out risk
                                 assessments and to record these in the Safety
                                 Statement. A fire safety risk assessment should be
                                 conducted and should include Fire Prevention, Detection
                                 and Warning, Fire Detection and Warning and
                                 Emergency Escape.
-      FM Contractor             The party contracted to deliver the FM services as per
                                 the FM Agreement.
GIFA   Gross Internal Floor      The area of a building measured to the internal face of
       Area                      the perimeter walls at each floor level.
HICP   Harmonised Index of       The EU Harmonised Index of Consumer Prices for Ireland.
       Consumer Prices
-      Lifecycle                 Renewal or replacement of building fabric and M&E
                                 plant, including significant overhaul. Costs assessed are
                                 as per the PPP Financial Model and broken down within
                                 the Conventional School accounts. AAP has produced
                                 Lifecycle cost models in line with industry guidance.
LPG    Liquefied Petroleum       Source of fuel at some Pilot PPP Schools.
       Gas
M&E    Mechanical & Electrical   Mechanical systems include elements of infrastructure,
                                 plant and machinery within systems such as heating and
                                 ventilation. Electrical systems include power supply and
                                 distribution, telecommunications, and lighting.

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
NDFA   National Development    -
       Finance Agency
NPV    Net Present Value       The current value of a series of cash flows over a period
                               where the value decreases over time based on the value
                               of money decreasing with time. This is the standard
                               method (in line with other reviews and with the
                               preparation of value for money/comparator exercises)
                               for comparison of cash flows over variable periods of
                               time.
OPEX   Operating Expenditure   Refers to the Lifecycle costs, FM Service delivery costs,
                               Utility costs, and backlog maintenance costs for the PPP
                               and Conventional Schools.
-      Payment Mechanism       PPP contract schedule/section outlining payment of the
                               UC and the process for performance and availability
                               based financial deductions.
-      Pilot PPP Schools       The five schools delivered as part of the Pilot PPP Schools
       Bundle (the Pilot PPP   Bundle, reviewed within this report.
       Schools Bundle)
PAT    Portable Appliance      Under section eight of the SHWWA Act, employer’s
       Testing                 duties cover the design, provision and maintenance of (i)
                               safe workplaces (ii) safe means of access to and egress
                               from the workplace and (iii) safe plant and machinery.
PA     Project Agreement       The contract between the Procuring Authority and
                               Project Company for the financing, design, construction,
                               operation and maintenance of the infrastructure being
                               provided by the Project Company.
PPM    Planned Preventative    Scheduled maintenance routine as required under the
       Maintenance             Project Agreement.
PPP    Public Private          A partnership between public and private sector
       Partnership             organisations with shared objectives for designing,
                               building, financing and operating new infrastructure.
                               PPP is a form of procurement available to the public
                               sector.
-      Project Company         The private sector partner of the Procuring Authority,
                               namely ‘Schools Public/Private Partnership (Ireland)
                               Limited’ for the Pilot PPP Schools Bundle.
PSB    Public Sector           Comparing the cost of the PPP with achieving the same
       Benchmark               objective by traditional procurement/upfront Exchequer
                               funding.
-      Residual Value          The cost of replacing an asset with its modern equivalent
                               less deductions for physical deterioration.
RICS   Royal Institute of      World's leading professional body for qualifications and
       Chartered Surveyors     standards in land, property, infrastructure and
                               construction.

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
-     Senior Debt              The main form of debt raised by the private partner
                               which usually has priority for repayment and decision-
                               making powers in priority of other lenders.
-     Services Specification   The detailed requirements for the services being
                               provided by the Project Co as outlined by the Authority
                               in   the    Project    Agreement      (e.g.,  helpdesk
                               provisions/energy management requirements).
-     Statutory Compliance     Compliance with health and safety regulations set out in
                               law in relation to the management/operation of
                               facilities. Legal compliance with these requirements is
                               incumbent on all asset operators, owners or other
                               responsible persons.
SWS   Summer Works Scheme      Devolved funding to individual school authorities to
                               undertake small-scale building works which, ideally, can
                               be carried out during the summer months or at other
                               times that avoid disrupting the operation of the school.
                               Grants are awarded based on an application and review
                               basis.
TPI   Third Party Income       Income received in line with the PPP contract for use of
                               the facilities by third parties.
TPU   Third Party Usage        Use of the facilities by third parties in line with PPP
                               contract.
-     Transaction Costs        Pilot PPP Schools Bundle – architect, civil, structural,
                               mechanical and electrical engineers, project
                               management, employer’s agent and FM consultant.

                               Conventional Schools - architect, civil, structural,
                               mechanical and electrical engineers and employer’s
                               agent.
UC    Unitary Charge           Monthly payments from the Authority to the Project
                               Company in line with the Payment Mechanism.
VfM   Value for Money          Consideration as to whether the value of a service
                               received equals or exceeds the amount spent.
WRA   Water Risk Assessment    Under the Safety, Health and Welfare at Work (SHWWA)
                               Act 2005, every employer must prepare a safety
                               statement which is based on an identification of the
                               hazards and an assessment of the risks to the Safety,
                               Health and Welfare of his / her employees. In carrying
                               out the risk assessment, consideration must be given to
                               the risk of exposure to Legionella bacteria.
WTE   Whole Time Equivalent    Unit of measure to compare staffing resource based on
                               hours of resource available considering different
                               patterns of part-time and full-time working.

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Review of the Pilot PPP Schools Bundle 2019 2021 - Revision History AA
Executive Summary
              Background

            1.        In 1999 the Government approved a pilot programme of Public Private Partnership
                      (PPP) projects. One of these projects was the Pilot PPP Schools Bundle proposed by the
                      Department of Education and Science and the focal consideration of this Review.

            2.        As the first PPP projects in the country, any issues and problems encountered during
                      the implementation of the projects would provide information and learning to develop
                      policy and enhance the process for future PPP projects.

            3.        The Pilot PPP Schools Bundle is a 25-year design, build, finance and operation PPP of
                      five post-primary schools that commenced in 2002. The five schools cater for 3,4752
                      pupils and provide 35,834m² of accommodation space over the 25-year concession
                      with a total FM contract delivered through the PPP Project Company.

             This Review

            4.        The DoE commissioned this Review to examine all aspects of delivering the Pilot Schools
                      under the PPP model relative to delivering schools under the conventional delivery
                      model, and to assess whether the Pilot Schools project objectives have been met. All
                      analysis in this Review has been undertaken prior to the start of the COVID-19
                      Pandemic and no impact of this on the figures reported is assessed as part of this report.
                      The Review is part of a wider framework to assess and review the success in delivery of
                      the objectives of a PPP project throughout its life. This framework consists of three key
                      stages: Post Project Review, Mid Term Review, and Post Expiry Review.

            5.        The objectives of the Review were:

                            To compare the Pilot Schools with a DoE-selected comparator group of
                             conventionally delivered schools, hereafter referred to as the ‘Conventional
                             Schools’. Including comparison of design/functionality, energy efficiency,
                             building condition, residual life, facilities and maintenance services, flexibility,
                             administration required, risk, and Third-Party Usage.
                            To assess the extent to which the following DoE objectives in delivering the Pilot
                             PPP Schools Bundle have been achieved, namely:
                             -      To test the value for money of delivering school provision on a design,
                                    build, finance, manage and maintain basis over a long period through the
                                    PPP model.
                             -      To obtain and realise new ideas and private sector innovation on school
                                    design through an output-based approach.
                             -      To reduce school Principals’ responsibility for managing school buildings,
                                    allowing them instead to concentrate on their core educational and
                                    school management functions.
                             -      To achieve better use of State-funded school buildings outside of regular
                                    school hours.

2   Design Capacity

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     To develop a methodology and template for use by the DoE in Reviews of other
            PPP projects in the education sector.

Methodology

6.    The Review has been completed based on a framework of four stages: Planning and
      Methodology Identification, Gathering and Selecting the Information, Review and
      Assessment of Information, and production of this final report.

7.    Evidence has been collected from a variety of primary and secondary data sources to
      enable the objectives of the Review to be met. The following analysis has been
      completed to inform the following key findings and conclusions:

           Literature Review
           Document Review
           Interviews
           Building Condition Surveys
           Lifecycle Cost Modelling & Residual Value Calculation
           Facilities Management & Statutory Compliance Review
           Energy Analysis
           Architectural Surveys
           Discounted Cashflow Financial Analysis

8.    It should be noted that since the pilot programme of PPPs, all potential PPP projects
      must complete a Public Sector Benchmark (PSB) comparison, comparing the cost of
      the PPP with delivering the same standard facilities and services by traditional
      procurement. The PSB also values the risk transferred under the PPP model. Due to an
      absence of a PSB for the Pilot PPP Schools Bundle, this Review is unique in that it
      considers an actual operational comparator group, the services delivered to that group
      and the costs associated with it to date instead of a comparator to the PSB model. All
      subsequent PPP School bundles have completed a PSB, therefore the reviews of the
      subsequent PPP School bundles would reference the PSB model. As a result of this, the
      comparison of value for money here is based on the information available and outlined
      herein and is not comparable to full PSB comparator exercise that would otherwise be
      undertaken. The limitation on the availability of information, primarily due to the age
      of the schemes, means that a full VfM analysis is not possible; however, assessment of
      individual elements is somewhat possible.

Key Findings

9.    The Pilot PPP Schools Bundle are assessed as being of an overall higher standard from
      the design review conducted, they provide a greater consistency in terms of design
      and construction quality, when compared to the conventional schools procured and
      delivered at the same time.

10.   The Pilot PPP Schools are maintained in a very good condition overall. No significant
      condition issues were identified at the Pilot PPP Schools with any such issues being
      dealt with via the Latent Defects procedure, FM services, and Lifecycle replacement
      programmes. There was a general lack of investment evident across the Conventional

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Schools which resulted in a higher number of poor condition assets being identified.
      Maintenance was not to the same standard as the Pilot PPP Schools Bundle although
      some was undertaken and evidenced. Overall, there is a clear disparity between the
      very good condition of the Pilot PPP Schools and the relatively poor condition of the
      Conventional Schools.

11.   Under the FM Agreement, which incorporates Health and Safety and Statutory
      Compliance obligations, the Pilot PPP Schools have robust maintenance regimes and
      records in place. There is no FM risk for the DoE in relation to the Pilot PPP Schools
      Bundle as the risk is transferred to the Project Company and subsequently the FM
      provider. At the Conventional Schools there is no external party contractually bound
      to manage compliance and the Principal is ultimately responsible for health and safety
      and statutory compliance. The Conventional Schools evidenced very limited
      maintenance planning and document management. Following an audit of compliance
      with Statutory health and safety requirements the Pilot PPP Schools Bundle were
      determined on average as 97% compliant, and the Conventional Schools 35%
      compliant. Since the undertaking of the audit, several measures have been put in place
      to remedy non-compliance issues identified at the Conventional Schools.

12.   With regards to energy management, the Pilot PPP Schools were designed to a slightly
      higher specification, consequently BER ratings for the Pilot PPP Schools are higher.

13.   The electricity consumption for the Pilot PPP Schools Bundle is currently 10.7% (on a
      1-year basis) less than that at the Conventional Schools, 25 kWh/m² versus 28 kWh/m².
      The heating consumption for the Pilot PPP Schools Bundle is a significant 26.9% (on a
      1-year analysis basis) less than that at the Conventional Schools, 49 kWh/m² versus 67
      kWh/m². This is largely because the Pilot PPP School buildings have higher insulation
      and airtightness standard and there is an efficient operation of the heating system by
      its users. The total energy costs forecast over the entire Concession are higher for the
      Pilot PPP Schools Bundle, based on the financial model data; however historic records
      and current use show a lower figure at present. An assessment of the total Energy
      Consumption and Cost over the whole Concession should be undertaken at the end of
      the Concession.

14.   TPI at the Conventional Schools is marginally (7%) above that at the Pilot PPP Schools
      on a €/m² NPV basis. TPI income assumptions at the Pilot PPP Schools are based on
      the forecast within the project Financial Close Model.

15.   The Pilot PPP School Principals reported significantly less time spent managing the
      facilities demonstrating that this risk has been successfully transferred to the Project
      Company.

16.   The DoE and the NDFA evidence higher levels of resource required to manage the PPP
      contracts versus the Conventional Schools, so whilst the operation and maintenance
      risk has been transferred in the PPP context, there is an ongoing contract management
      resource required for the DoE and NDFA.

17.   The indicative Financial Analysis NPV Outputs (€/m²) prepared as part of this Review
      are shown below. NPV comparison is the assessment methodology used in line with
      wider guidance on Value for Money comparisons:

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Variance      Variance                    Variance
Cost/Income      Conven-
                               PPP         (PPP –        (PPP to       Group         (PPP to
  Element         tional
                                           Conv.)         Conv.)      Element         Conv.)
   (NPV)
                  €/m²         €/m²         €/m²            %                          %
Construction     1,133.09     865.63       -267.46        -24%
Costs
                                                                       CAPEX          -21%
Transaction      138.97       144.22         5.25          4%
Costs
Lifecycle Cost   103.76       196.98        93.22          90%
FM Service       217.94       516.26        298.32        137%
Delivery
                                                                        OPEX          52%
Energy Costs      79.16        93.64        14.48          18%
Backlog          135.61        10.36        125.24        -92%
Maintenance
Residual Asset   702.92       891.38        188.45         27%
Value
                                                                       VALUE          27%
Third Party        2.32        2.15          0.17          -7%
Income

18.    On an NPV basis, the Pilot PPP Schools construction costs are 24% lower than the
       Conventional School costs, whereas PPP transaction costs are 4% higher than
       Conventional School costs. The cost of finance (i.e., the debt payment to fund the long-
       term repayment of the initial construction cost) is likely to have diminished this
       benefit. However, the higher cost of finance must also be weighed against the risk
       transfer that occurred under the contract and which is not costed within this analysis.
       In later PPPs, a value is attached to the risk transfer within the context of the PSB.

19.    While the cost of finance is not included within the scope of this Review, debt cost for
       the Pilot PPP Schools Bundle, based on information provided by the NDFA, is
       understood to be c.6%. Debt makes up the majority of funding for the scheme.

20.    The Lifecycle costs for the Pilot PPP Schools Bundle are almost double that of the
       Conventional Schools on an NPV basis (90% higher); however, the level of works
       undertaken to the Pilot PPP Schools Bundle to date is greater. In addition to this, there
       is no risk for the Pilot PPP Schools Bundle of early failure of assets resulting in an
       immediate budget requirement for replacement or major repair of assets as this risk
       is fully passed down to the Project Company. This risk is still present for the
       Conventional Schools.

21.    The cost of FM Service Delivery to the Pilot PPP Schools Bundle is some 137% higher
       than the cost of FM delivery to the Conventional Schools on an NPV basis; however, a
       significant number of failings in the compliance of the Conventional Schools with
       Statutory Requirements, PPM undertakings and good FM practice were identified in
       the reporting. None of the same issues were identified with the Pilot PPP Schools which
       were considered to be maintained to an excellent standard and demonstrated full
       Statutory Compliance and a high level of Contract compliance.

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22.   The residual value calculation undertaken shows that the Pilot PPP Schools are
      expected to have a higher residual value at the end of the 25-year Concession period
      than the Conventional Schools will at the same point in time. The residual value of the
      Pilot PPP Schools Bundle is 27% higher than that of the Conventional Schools. This is a
      result of the higher specification of the Pilot PPP Schools and resulting higher rebuild
      costs and the significant backlog maintenance costs at the Conventional Schools.

Key Conclusions

23.   This Review has demonstrated that the Pilot PPP Schools outperform the Conventional
      Schools on several elements (financial and non-financial). The Pilot PPP Schools are in
      better condition, were designed to a higher standard overall, designed consistently,
      were designed to, and also perform to higher energy ratings, and are fully compliant
      with statutory health and safety requirements. The indicative financial analysis, on
      NPV basis, demonstrates a lower construction cost for the Pilot PPP Schools Bundle
      and higher Lifecycle and FM Service Delivery costs. It is also clear from the analysis that
      the higher Lifecycle and FM Service Delivery costs have some attributable value (such
      as better condition facilities and a higher residual value of the assets
      forecast);however, it is not always clear that this value is sufficient given the higher
      cost of the Pilot PPP Schools Bundle.

24.   Within the PPP contracts the risk for all these elements: design, construction,
      construction defects, availability, performance, and maintenance have been
      transferred to the Project Company and/or FM provider. The contracts enable
      availability and performance deductions to be made where the building is not available
      or maintained to the standard as per the service specification. The analysis completed
      here has evidenced that the Pilot PPP Schools Bundle is operating well, and the
      minimal deductions to date further corroborate this. Subsequently, the DoE has access
      to a bundle of well maintained, compliant and modern schools with few risks retained
      (Change in Law and usage).

25.   By comparison, the Conventional Schools have not been maintained to a high
      standard, resulting in high backlog maintenance requirements and Schools that are not
      evidenced as fully compliant with statutory health and safety requirements. While the
      DoE is ultimately responsible for the availability, condition and services to the
      Conventional Schools, there is a responsibility on individual schools to have an
      appropriate maintenance regime in place. This is funded by the DoE by way of a
      capitation grant which is paid to all Post Primary schools on a yearly basis.
      Maintenance costs in Conventional Schools are liable to fluctuate more based on
      market rates and school requirements and as evidenced throughout Condition and FM
      reviews, there is no guarantee that a certain standard will be met. The Conventional
      Schools do however allow an increased level of flexibility not permitted within the PPP
      contracts and require less DoE management time overall.

26.   When considering the financial analysis, it is evident that the standard of the Pilot PPP
      Schools Bundle comes at a cost that (including debt) is likely to be higher than the
      Conventional Schools costs. However, the higher cost is also underpinned by a material
      transfer of risk that is not explicitly costed within this analysis. This risk transfer relates
      to both the Construction and Operational phases and has been demonstrated on other
      similar PPP schemes to insulate the Procuring Authority (in this case the DoE) from the
      cost of Project Co or Contractor failure or similar such events. The PPP cost is a known

                                                                                                  14
annual cost to the DoE that increases only with HICP inflation and the DoE has no risk
      for facilities related items. Spend on the Conventional Schools fluctuates based on the
      maintenance/renewal deemed necessary in each year and no risk is transferred from
      the DoE (or individual schools) to an external party.

27.   The Pilot PPP Schools Bundle’s NPV CAPEX costs are 21% lower than the Conventional
      Schools’ costs (taking account of both construction and other transaction costs). The
      cost of finance (i.e., the debt payment to fund the long-term repayment of the initial
      construction cost) is likely to have diminished this benefit.

28.   The OPEX costs for the Pilot PPP Schools Bundle are 52% higher on an NPV basis than
      they are for the Conventional Schools. These OPEX cost differentials are predominantly
      reflective of the lower FM Service Delivery and Lifecycle costs at the Conventional
      Schools rather than any material variance in the energy costs for the Schools.

29.   The Lifecycle costs for the Pilot PPP Schools Bundle are almost double that of the
      Conventional Schools on a NPV basis (90% higher); however, the level of works
      undertaken to the Pilot PPP Schools to date has been found to be significantly greater
      than that demonstrated across the Conventional Schools. This has ultimately resulted
      in the excellent condition of the Pilot PPP Schools as evidenced in the condition
      surveys. In addition to this, there is no risk for the Pilot PPP Schools Bundle of early
      failure of assets resulting in an immediate budget requirement for replacement or
      major repair of assets as this risk is fully passed down to the Project Company. This risk
      is still present for the Conventional Schools.

30.   The cost of FM Service Delivery to the Pilot PPP Schools Bundle is some 137% higher
      (on an NPV basis) than the cost of FM delivery to the Conventional Schools. As
      outlined, the variance in cost is in part caused by the variance in the scope of services
      provided across each comparator group. The comprehensive FM services provided at
      the Pilot PPP Schools have also contributed to the excellent condition of the Pilot PPP
      Schools Bundle. Furthermore, a significant number of failings in the compliance of the
      Conventional Schools with Statutory Requirements, PPM undertakings and good FM
      practice were identified in the reporting. None of the same issues were identified with
      the Pilot PPP Schools which were considered to be maintained to an excellent standard
      and demonstrated full Statutory Compliance and a high level of Contract compliance.

31.   The school condition, Lifecycle and FM outputs together indicate that the higher OPEX
      costs provide a level of value for money, when considered against the cost, with
      enhanced value achieved by the Pilot PPP Schools in their condition, residual value,
      Statutory Compliance, and lower operational time requirements. Ascribing a specific
      value to these outputs is, however, difficult. Until the final total cost of the PPP
      schemes can be compared to other schemes (Post Expiry of the PPP Contract), it will
      not be fully possible to assess the quantum of the value added. See section 2.10 – 2.20
      for details of the condition of the schools.

32.   The residual value calculation undertaken shows that the Pilot PPP Schools are
      expected to have a higher residual value at the end of the 25-year Concession period
      than the Conventional Schools will at the same point in time. This comes as a result of
      the higher specification of the Pilot PPP Schools Bundle witnessed in the Architectural
      Review and the higher Backlog Maintenance requirements of the Conventional
      Schools.

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33.   The scope of this Review does not extend to consideration of the long term forecast
      for the end of life timings for the Schools (i.e. when the buildings fail to be economically
      viable to maintain and a replacement school would be required); however, the trend
      identified by the Backlog Maintenance would support a conclusion that the useful life
      of the Conventional Schools’ facilities would be shorter than that of the Pilot PPP
      Schools Bundle if the maintenance regime was continued at the same level and
      specification.

Have the Pilot PPP Schools Bundle met the original objectives:

           To test the value for money of delivering school provision on a design, build,
            finance, manage and maintain basis over a long period through the PPP model
            -     As shown above, when financial analysis of the costs of each comparator
                  group is completed on a service element basis and in the context of the
                  actual service delivered, then there is additional value for money that can
                  be determined. For example, the schools are compliant with statutory
                  requirements and in excellent condition. However, apportioning the value
                  achieved against the higher FM and Lifecycle costs is subjective. Higher
                  debt costs would also impact on value for money; however, this needs to
                  be weighed against the value of the risk transferred.
           To obtain and realise new ideas and private sector innovation on school design
            through an output-based approach
            -     The Pilot PPP Schools were determined as designed to a higher standard;
                  however, this enhanced value is not greatly significant. Developments in
                  design over the last two decades, which will likely be evidenced through
                  subsequent School Bundle Reviews, may evidence this further.
           To reduce school Principals’ responsibility for managing school buildings,
            allowing them instead to concentrate on their core educational and school
            management functions
            -     The Principal Interviews evidence that the Pilot PPP School Principals
                  spend less time managing school buildings. However, the duration and
                  complexities of the PPP contracts mean that the NDFA and DoE resources
                  for the Pilot PPP Schools Bundle replace this Principal resource, with the
                  DoE utilising more staff per Pilot PPP School than per Conventional
                  School.
           To achieve better use of State-funded school buildings outside of regular
            school hours
            -     Each Pilot PPP School has access to an Additional Bank of Hours of FM
                  resource which may be used by the school or to facilitate TPU outside of
                  regular school hours. For any TPU outside this allowance, the TPI is shared
                  between the DoE and the FM provider. Data shows that TPU accounts for
                  a portion of the Bank of Hours available; however, based on the
                  discussions with the DoE and Principals, the amount of TPU under the
                  Bank of Hours appears to be impacted by both school management
                  decisions, e.g., when the school needs to be available for
                  educational/school purposes, and demand within the local areas. As the
                  Conventional Schools only hold records of the community space charged
                  for, and not for all out of hours community use, it is not possible to make
                  a direct comparison.

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17
Part 1
Introduction

               18
Part 1 – Introduction
     Part 1 of this report details the foundation for the Review to provide the context for the
     review findings in parts 2 and 3, and explains the following:

                Context and objectives of the Review
                Background to the Pilot PPP Schools Bundle and the original objectives
                Background to the Conventional Schools
                Outline methodology of the Review

Context of this Review
     1.1   The DoE commissioned the Review to examine all aspects of delivering the Pilot
           Schools under the PPP model relative to delivering schools under the conventional
           delivery model, and to assess whether the Pilot PPP School objectives are being met
           at this stage in the PPP. The Review is part of a wider framework to assess and review
           the delivery of the objectives of a PPP project throughout its life. This framework
           consists of three key stages: Post Project Review, Mid Term Review, and Post Expiry
           Review. Only on completion of the Post Expiry Review it is possible to fully assess the
           success of the PPP in meeting the objectives.

     1.2   The 2004 Comptroller and Auditor General (C&AG) Report on Value for Money was
           akin to a Post Project Review for the Pilot PPP Schools Bundle. The report assessed
           how the DoE developed and managed the project through the construction phase,
           evaluated the tender proposals and assessed value for money in the procurement
           process. The scope of the C&AG report was restricted to the early project stages and
           did not assess any operational matters.

     1.3   The analysis within the C&AG report suggests that the projected cost of the final PPP
           deal was 8% to 13% higher than the projected cost of procuring and delivering services
           to the schools using the conventional procurement route, as opposed to a 6% saving
           forecast through a cost comparison exercise based on the preferred bidder price. The
           report highlights that ultimately, the value for money achieved from the project will
           be determinable only over the 25-year life cycle of the project and recommended that
           a review is conducted at a suitable later date to determine if the Pilot PPP Schools
           Bundle is delivering Value for Money. The report recommended that a review
           commencing after 5 years of operation would provide a suitable timescale to assess
           VfM. This Review was commenced in contract year 18 of 25, providing cost data over
           a longer period than originally envisaged. This assessment takes into consideration
           facilities management, energy and Lifecycle costs for the schools which would be less
           prevalent after 5 years when the schools would be expected to be in very good
           condition.

     1.4   This Review is the first of its kind assessing the Government’s PPP projects. As such,
           and as part of the scope of the exercise, AA Projects, with input from the NDFA and
           the DoE have developed a detailed methodology (explained further below) for use in
           future reviews.

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1.5   It should be noted that since the pilot programme of PPPs, several recommendations
           from the C&AG report have been put in place and the NDFA was established to procure
           and manage PPP projects as requested by State authorities. Currently, all potential PPP
           projects must complete a Public Sector Benchmark (PSB) comparison, comparing the
           cost of the PPP with achieving the same standard facilities and services by traditional
           procurement. The PSB also systematically values the transfer of risk. Due to an absence
           of a PSB for the Pilot PPP Schools Bundle, this Review is unique in that it considers an
           actual operational comparator group, the services delivered to that group and the
           costs associated with it to date instead of a comparator to the PSB model. All
           subsequent PPP School Bundles have completed a PSB, therefore the Reviews of the
           subsequent PPP School Bundles would reference the PSB model.

     1.6   The objectives of the Review are:

                To compare the Pilot Schools with a comparator group of conventionally
                 delivered schools, hereafter referred to as the ‘Conventional Schools’. Including
                 comparison of design/functionality, energy efficiency, building condition,
                 residual life, facilities and maintenance services, flexibility, administration
                 required, risk, and TPU
                To assess the extent to which the DoE objectives in delivering the Pilot Schools
                 have been achieved (the Pilot PPP School objectives are detailed in the following
                 section)
                To develop a methodology and template for use by the DoE in reviews of other
                 of PPP projects in the education sector

     1.7   The full breakdown of the Review objectives is detailed in Appendix A as per the Scope
           of Services.

Pilot PPP Schools Bundle
     1.8   A PPP is a partnership between public and private sector organisations with shared
           objectives for designing, building, financing, and operating new infrastructure. PPP is
           a form of procurement available to the public sector which differs from the more
           traditional method of upfront Exchequer funding, with design, build, financing and
           operational services either procured or provided (in the case of operational services)
           by the public sector.

     1.9   Following the Government approval of a pilot programme of PPP projects for
           development, one of these projects was the Pilot PPP Schools Bundle. The Pilot Schools
           Bundle is a 25-year design, build, finance, and operate PPP of five post-primary schools
           which went into operation in 2002. As of January 2020, the Pilot PPP Schools Bundle is
           in year 18 of the contract term. The five Pilot PPP Schools are shown in Table 1.1.

     1.10 The DoE had four key objectives in delivering the Pilot PPP Schools Bundle:

                To test the value for money of delivering school provision on a design, build,
                 finance, manage and maintain basis over a long period (i.e., using the PPP
                 procurement model)
                To obtain new ideas and private sector innovation on school design through an
                 output-based approach

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      To relieve school Principals of the responsibility for managing school buildings,
             allowing them instead to concentrate on their core educational and school
             management functions
            To achieve better use of State-funded school buildings outside of regular school
             hours.

1.11 The procurement process commenced by way of a notice in the European Journal
     (OJEU) in June 2000. The DoE, as the contracting authority, selected the PPP
     consortium in 2001. A Project Agreement is in place between the DoE and PPP Project
     Company. The DoE details the requirements for the delivery of the services, financing,
     and operation of the facilities over the term and the Unitary Charge that is to be paid
     by the DoE for the PPP. The Project Company is liable for all Lifecycle and maintenance
     works during the 25-year contract term but does not have a role in the delivery of
     education services.

1.12 A key element of PPPs globally is optimising the risk allocation between parties to
     ensure that the risk sits with the party best placed to manage the risk. Typically, risks
     are transferred from the Procuring Authority to the Project Company for construction
     risk, maintenance risk, funding risk and insurance. This is the case with the Pilot PPP
     Schools Bundle and all payments are managed through an availability and
     performance-based Payment Mechanism where deductions can be levied for non-
     performance of services or unavailability of spaces.

Table 1.1 – Pilot PPP Schools Bundle
          School                Location        County        Service      Long
                                                              Commencement Term
                                                                           Projected
                                                                           Enrolment
                                                                           - LTPE
          Ballincollig          Ballincollig    Cork          Dec 2002           1000
          Community School
          Largy College         Clones          Monaghan      Dec 2002           500
          Maria Immaculata      Dunmanway       Cork          Dec 2002           700
          Community College
          St. Attracta’s        Tubbercurry     Sligo         Dec 2002           675
          Community School
          St. Caimin’s          Shannon         Clare         Dec 2002           600
          Community School

                                                                                           21
Conventional Schools
     1.13 In line with the objectives of the Review and as a recommendation from the C&AG
          report, the Review compares the Pilot Schools with a group of four Conventional
          Schools. The schools were selected by the DoE based on the time they were
          constructed and their locations.

     1.14 The total Gross Internal Floor Area (GIFA) of the Conventional Schools is smaller than
          that of the Pilot PPP Schools (Figure 1.2). All financial comparisons are drawn on a Euro
          per metre square basis.

     Figure 1.2 – GIFA by School

     1.15 The Conventional Schools have been chosen as a comparator group to the Pilot PPP
          Schools, taking account of the absence of a Public Sector Benchmark for this project.
          Since the pilot programme of PPPs, frameworks have been developed and all potential
          PPP projects must complete a PSB comparison. This Review is unique in that it
          considers an actual operational comparator group, the services delivered, and the
          costs associated as opposed to a theoretical PSB. Reviews of the subsequent PPP
          School bundles would reference the existing PSB.

     1.16 The Conventional Schools were developed by the DoE by way of traditional
          procurement using up-front Exchequer funding and external support, including the
          design team and contractors. Payment for the design and construction of these schools
          is on a pay as you go basis and is linked to progress and agreed milestones during the
          design and construction stages. Operational and maintenance matters are the remit
          of the school authorities with costs paid for directly by the school authorities from
          grants provided by the DoE and, in some cases, funding raised separately by school
          authorities. ETB operational and maintenance services are procured across schools
          under ETB governance, whereas other schools procure services individually. All
          Conventional Schools have a caretaker to deal with everyday maintenance issues and
          do not have a FM Contractor in place for delivery of all services.

     1.17 There are two routes for schools to apply for funding to deliver major maintenance
          (replacement, overhaul or major repair) works that would be defined under the PPP
          Agreements as Lifecycle: The Emergency Works Grant and Summer Works Scheme.
          These funding routes require the schools to apply to the DoE for the funding; this is

                                                                                                22
granted based on the applications’ merits and the available funding at the time. Both
          funding routes prioritise need for the works and maintenance of educational provision
          along with consideration for the risk of not undertaking the works. Smaller-scale works
          may be funded by the schools using their capitation grants.

    Table 1.3 - Conventional Schools Group

      School                       Service                Long Term Projected
                                   Commencement           Enrolment - LTPE
      School 1                     2003                   575
      School 2                     2003                   300
      School 3                     2003                   560
      School 4                     2003                   650

Methodology
    1.18 The Review has been completed based on a framework of four stages: Planning and
         Methodology Identification, Gathering and Selecting the Information, Review and
         Assessment of Information, and production of this final report.

    1.19 Evidence has been collected from a variety of primary and secondary data sources to
         enable the objectives of the Review to be met. Information has been provided from
         several sources and has been subject to a request process from AA Projects to the DoE,
         NDFA and individual schools.

          Not all information requested is available due to the time elapsed since delivery of the
          Pilot PPP Schools Bundle and the Conventional Schools. Table 1.4 outlines the research
          and analysis completed throughout each stage of the project.

    Table 1.4 - Methodology
     Element          Summary of Methodology

     Literature       The Literature Review completed provides an overview of documents
     Review           relevant to the Review. Literature has been assessed from several
                      sources, including: DoE, DPER, House of Oireachtas, European
                      Commission, European Investment Bank, European Parliament, and the
                      National Audit Office and Department of Finance in the UK.
                      In addition to informing the detailed methodology to deliver the Review,
                      the Literature Review established:
                             Definitions of a successful PPP
                             Examples of PPP assessment similar to the review previously
                              undertaken and models in use for such assessments
                             The definition of VfM in a PPP Context
                             Previous conclusions on PPP market VfM and objective meeting

                                                                                               23
Document     Multiple sources of information were collated from various parties,
review       including the DoE, NDFA, school Principals, and the ETBs including:
                  PPP Contract
                  PPP Financial Model (from Financial Close)
                  PPP FM reports
                  Conventional School accounts
                  DoE summer and emergency works details
                  Additional data collated for individual reviews including as built
                   drawings for the condition surveys and Statutory Compliance
                   evidence for the FM/Compliance review
Interviews   Semi-structured interviews were completed with the DoE (with input
             from the NDFA in relation to the Pilot PPP Schools Bundle), the Project
             Company, and school Principals/Caretakers. The interviews provided
             wider context around non-financial aspects of the PPP and Conventional
             Schools to assess the advantages and disadvantages of each
             procurement route against cost. The operational benefits, experience of
             delivering educational services in the facilities and PPP relationships
             were all topics of discussion.
             Questions to the DoE/NDFA focussed on advantages and disadvantages
             of both models and the objectives of the Pilot PPP Schools Bundle.
             Questions to the school Principals focussed on 12 non-financial
             categories as agreed with the DoE/NDFA during development of the
             methodology. It is noted that many of these categories have
             corresponding data collection/analysis and that the interviews are
             supplementary to conclusions made from actual data; these methods are
             named in brackets and detailed under the individual methodology
             sections below).
             1.     School Condition (Building Condition Surveys and Financial
                    Analysis)
             2.     School Design (Architectural Review and Financial Analysis)
             3.     Flexibility of Design (Architectural Review)
             4.     Flexibility of Contracts (Contract Review)
             5.     Quality of on-site Maintenance (FM/Compliance Review and
                    Financial Analysis)
             6.     Quality of FM services (FM/Compliance Review and Financial
                    Analysis)
             7.     Energy Efficiency (BER/Energy Analysis and Financial Analysis)
             8.     How well the building promotes Wellbeing and Sustainability
             9.     Cleanliness (FM/Compliance Review and Financial Analysis)
             10. Building User Satisfaction
             11. Third Party or Out of Hours Usage (Contract Review and Financial
                    Analysis)
             12. Availability (Financial Analysis)
             Outputs from the interviews are detailed in the appropriate sections
             throughout this report.

                                                                                    24
Building        A detailed survey of building fabric and M&E installations has been
Condition       completed for each school. Data has been captured for individual assets
Surveys         on a component by room level (e.g., the floor finish within one
                classroom, or a single hot water circulating pump present in a plant
                room) which provides highly granular condition data.
                This data has been utilised to inform the Backlog Maintenance and
                Residual Value calculations within the Financial Analysis, as well as
                detailed breakdowns of each school condition and the likely future
                Lifecycle requirements for the facilities.
Facilities      The FM Review has been completed to compare the FM functions across
Management      the PPP and Conventional Schools, and measure compliance against
Review          statutory maintenance and health and safety requirements across all
                schools.
                The Review included onsite audits of records, a contract review of the
                PPP FM services, discussions with key parties such as the Principals,
                Caretakers, FM technicians and Project Company representatives.
Energy          Each school has had a thorough energy assessment completed to
Analysis        determine energy efficiency across the two comparator groups
                including:
                     Production of a Building Energy Rating
                     Energy performance analysis
                     Review of energy management practices
Architectural   NORR, the architectural sub-consultant for the Review completed a
Surveys         comprehensive Architectural Review including, but not limited to,
                assessment of the following considerations. This Review will have
                assisted in determining whether the Pilot PPP Schools Bundle brought
                innovation and new ideas to school design in line with the original
                objectives of the Pilot PPP Schools Bundle.
                     Site Arrangements
                     Construction Quality
                     Building Layout
                     Internal Learning Space Quality
                     Internal Environmental Quality
                     Internal Finish Quality
                     Overall Architectural Quality
Financial       The Financial Analysis has been completed to assess if project objectives
Analysis        for the Pilot PPP Schools Bundle are being met and to provide a
                comparative basis with Conventional Schools. The financial information
                available for the Pilot PPP Schools Bundle was the Financial Close
                financial model which is now not reflective of the Unitary Charges paid.
                Variations, inflation changes and other movements are included on
                monthly invoices but have not been captured and retained back to
                commencement of the Concession, rendering the Financial Close model
                too outdated to allow a full financial comparison. However, it was used
                to inform the financial analysis undertaken.

                                                                                        25
The following cost elements have been incorporated in the analysis:
     Transaction Costs
      -       Pilot PPP Schools Bundle – architect, civil, structural,
              mechanical and electrical engineers, project management,
              employer’s agent and FM consultant
      -       Conventional Schools - architect, civil, structural,
              mechanical and electrical engineers and employer’s agent
     Capital Costs
     Third Party Income
     FM Service Delivery
     Lifecycle Costs
     Utilities Costs
     Residual Value of Assets (incorporating the Backlog Maintenance
      costs as identified within the Lifecycle Model)

Each of the above listed financial inputs is assessed with a discounted
cashflow analysis of the annual costs over the construction period and
25 years from the point at which the buildings were operational, using
the project specific nominal discount rate (5%) provided by the NDFA in
line with the Department of Public Expenditure and Reform guidance.

The following elements have been excluded from the quantitative
analysis: debt, tax, shareholder returns, ongoing contract management
costs, and financial risk allowances. These elements have been heavily
considered in the conclusions and key findings but based on the available
information, and particularly in the absence of a PSB, a suitably accurate
comparison between the funding costs and returns was not possible. In
the financial model it was not possible to include the debt cost while also
excluding the other elements listed above. Accordingly, it was not
possible, or appropriate, to compare the full Unitary Charge to the
Conventional Schools costs as fewer services are provided (e.g., lesser
FM services) and therefore it would not be a like-for-like comparison.
Inclusion of these costs in future reviews is recommended and will be
more likely to be possible due to the requirements for a PSB that was put
in place after the Pilot PPP Schools Bundle and some additional financial
data that are collected as part of newer PPP contracts. As recommended
below, consideration should be given to additional data reporting.

The Financial Analysis assumptions are detailed further in Appendix C.

                                                                          26
Part 2
Comparison of the Pilot PPP Schools Bundle
and the Conventional Schools

                                     27
Part 2 – Comparison of the Pilot PPP
Schools Bundle and the Conventional
Schools
            Part 2 details the comparator assessment outcomes between the Pilot PPP Schools Bundle
            and the Conventional Schools, based on the below factors:

                   Design and Functionality
                   Building Condition
                   Lifecycle and Residual Life
                   Maintenance and Facilities Services
                   Energy Management and Performance
                   Administration
                   Risk Profile
                   Flexibility of Contracts
                   Third Party Usage
                   Value for Money Analysis

Design & Functionality
            Architectural Review

            2.1     The Architectural Review consisted of a comprehensive site inspection and design
                    review of each school. For each school, an assessment of the categories below was
                    completed, and a score determined for each in accordance with the Building
                    Regulations at the time of construction or on a scale of consideration against similar
                    facilities. DoE General Design Guidelines for Post Primary Schools (2004)3, and relevant
                    to the Pilot PPP Schools Bundle only, the User Requirements prepared by the DoE
                    (2001), were also considered in the scoring assessment.

                     Architectural Review Categories:
                                Site arrangement & facilities
                                Construction quality
                                Building layout
                                Adaptability
                                Quality of internal learning spaces
                                Quality of internal space generally
                                Quality of internal environment
                                Flexibility and variety of learning spaces
                                Internal journey/pupil movement

3 While “General Design Guidelines for Post Primary   Schools” was first published in 2004, earlier drafts of this document were
in circulation within the Planning and Building Unit of the DoE from 2001 and would have been used as a basis for evaluating
the design and layout of new post-primary school buildings and extensions at the time the Conventional Schools were
procured.

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