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High Speed Railway in Saudi Arabia: Lessons to be learnt from the Spanish experience




                   public  authorities.  Concessions have  a long tradition in  the  Spanish  legal  framework, have
                   been particularly used to construct highways, and have been characterized by the allocation of
                   considerable risk —demand, acquisition of the right of way and financial risks— to the private
                   sector in the contracts; but also by important guarantees by the government (Ortega, Baeza
                   and Vassallo, 2015).
                   The  second  approach  to  deliver  transport  infrastructure  is  the  Design-Bid-Build  (DBB)  or
                   DesignAward-Build (DAB) where the public administration develops contract documents with
                   an engineer consisting of a set of plans and a detailed specification. Based on these documents
                   the  contract  is  then  awarded  to  the  bidder  with  highest  qualification. This  is  done  largely
                   on the basis of an “open procedure.” Unlike other long-term infrastructure contracts in the
                   world —i.e. Design-Build-Finance-Operate contracts in the UK, and most of the PPP contracts
                   in Germany— (Tang, Shen, & Cheng, 2010), public works in Spain are hardly ever awarded by
                   means of a negotiated procedure.
                   This open procedure means that any company that fulfils the minimum requirements set out by
                   the government in the tender provisions is allowed to participate in the process. The government
                   chooses the winner in terms of a set of criteria —both economic and technical— according to
                   which the offers presented by different bidders are qualified. Contracts are not negotiated in
                   this approach since the government submits standard contracts to the bidders along with the
                   bidding terms. This was, for instance, the procurement process used in the new HSR trains
                   awarded by Talgo.
                   Sanchez and Gago (2010) prove that the transaction costs of the open procedure, for both
                   bidders and the government, are much lower than those of the negotiated procedure. These
                   low transaction costs are likely the most important reason why the number of participants
                   in the tendering processes in Spain is often quite large (Vassallo & Sánchez, 2007). However,
                   most of the construction companies are well-known Spanish firms since the lack of publicity
                   and transparency of the tendering and awarding processes in Spain creates strong barriers that
                   prevent foreign companies to compete fairly. Despite this problem, the construction cost of
                   HSR in Spain is cheaper than in other European countries, which could be explained by labour
                   cost, the existence of less-populated areas outside the major urban centres and also by the
                   construction procedures (Campos and De Rus, 2009). The long experience of Spanish companies
                   in public works, which have enjoyed competitive advantages against their competitors, could
                   also partially explain the technological and scientific innovations developed in Spain linked to
                   the HSR market (Guirao, 2013).
                              4.3.2      Saudi Arabia


                   Saudi Arabia is one the fastest growing markets in the world and considered as the largest
                   construction market in the Middle East. The value of projects that were announced by King
                   Abdullah during the G20 summit on 14-15 of November 2008 in Washington was €333 billion
                   to guarantee finance for development projects, including different sectors such as transport,
                   utilities,  infrastructure,  healthcare,  education,  etc.  (Alrashed  et  al.,  2008).    However,  the
                   largest allocation for the 2015 budget was paid toward the transport and infrastructure sectors
                   of €155.44 billion to complement the growth and development across Saudi Arabia. On the
                   other hand, construction is the largest non-oil sector in Saudi Arabia and many mega projects
                   are anticipated to be launched in the next year, including Haramain High Speed Rail, North-
                   South Rail, Riyadh Metro, etc. In this case, Saudi Arabia has experienced problems that have
                   caused delay in many projects. Alofi et al. (2016) mentioned that the procurement system is
                   one of the major factors that affect the construction performance in Saudi Arabia. There are
                   three different types of the Saudi Arabian procurement system, including public procurement
                   competitions, and direct and specific purchases. The public procurement competitions have the
                   majority of acquired purchases whilst projects under this category starts with the first phase of


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