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BOT Contracts
1
Most common variants:
• BT: Build-Transfer
• BLT: Build-Lease-Transfer
• BOT: Build-Operate-Transfer
• BOO: Build-Own-Operate
• BOOT: Build-Own-Operate-Transfer
• BTO: Build-Transfer-Operate
• CAO: Contract-Add-Operate
• DOT: Develop-Operate-Transfer
• ROT: Rehabilitate-Operate-Transfer
• ROO: Rehabilitate-Own-Operate
2
BT: Build -Transfer
• A Contractual Agreement
• Contractor undertakes financing and
construction of a facility.
• After completion hands it over to the
Government.
• Government reimburses the total project
investment on the basis of an agreed
schedule.
• May be employed for all types of projects
including critical facilities which for
security or strategic reasons must be
operated directly by the government.
3
BLT: Build-Lease-Transfer
• A Contractual Agreement
• Contractor undertakes to finance and
construct.
• On completion hands it over to the Govt.
on a Lease arrangement for a fixed
period.
• After completion of the fixed period,
ownership of the facility is automatically
transferred to the government.
4
BOT: Build-Operate-Transfer
• A contractual agreement
• Developer undertakes construction
(including financing) and operation and
maintenance thereof.
• Developer operates the facility over a
fixed term.
• Allowed to charge the facility users
appropriate tolls, fees, rental to enable
recovery of his investment.
• User charges should not exceed amount
proposed in the bid or as negotiated.
5
BOT: Build-Operate-Transfer …contd.
• Developer transfers the facility to the
government at the end of the fixed term.
• These types of projects shall include a
supply-and-operate situation:
- The supplier of equipment and machinery
for a given infrastructure facility –if the
interest of the government so requires-
operates the facility and in the process
provides technology transfer and training to
the government nominated individuals.
6
BOO: Build-Own-Operate
• A contractual agreement
• Developer undertakes construction (including
financing) and operation and maintenance
thereof.
• Allowed to recover his total investment by
collecting user levies from facility users.
• Developer who owns the assets of the facility
can choose to assign its operation and
maintenance to a facility operator.
• No transfer to the government is envisaged but
the government may terminate its obligations
after specified time period. 7
BOOT: Build-Own-Operate-Transfer
• Similar to BOO but liable to transfer
the project to the government after
expiry of the specified period of
operation.
• Difference between BOT and BOOT is
about ownership.
8
BTO: Build-Transfer-Operate
• A contractual agreement.
• The government contracts out an
infrastructure facility to a developer
• To construct the facility on a turn-key basis
assuming all cost overruns, delays and
specified performance risks.
• Once the facility is commissioned satisfactorily
the developer is given the right to collect the
user fee under a concession agreement.
• The title of the facilities always vests with the
government.
9
CAO: Contract-Add-Operate
• A contractual agreement
• Developer adds to an existing facility which it rents
from the government and operates the expanded
project.
• Collects user levies to recover the investment over
an agreed period.
• There may or may not be a transfer arrangement
with regard to the added facility provided by the
developer.
10
DOT: Develop-Operate-Transfer
• A contractual agreement
• Favorable conditions external to a new
project which is to be built by a
developer are integrated in the BOT
arrangement by giving that entity the
right to develop adjoining property and
thus enjoy some of the benefits the
investment creates such as higher
property or rent values.
11
ROT: Rehabilitate-Operate-Transfer
• A contractual agreement
• Existing facility is handed over to the
private sector to refurbish, operate
(collect user levies to recover the
investment).
• At the end of the term the facility is
transferred back to the government.
• Also for purchase of an existing facility
from abroad, importing, refurbishing,
erecting and consuming it within the
host country. 12
ROO: Rehabilitate-Own-Operate
• A contractual agreement
• An existing facility is handed over to
the operator to refurbish and operate
with no time limitation imposed on
ownership.
• As long as the operator is not in
violation of its franchise, it can
continue to operate the facility and
collect user levies in perpetuity.
13

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Bot contracts

  • 2. Most common variants: • BT: Build-Transfer • BLT: Build-Lease-Transfer • BOT: Build-Operate-Transfer • BOO: Build-Own-Operate • BOOT: Build-Own-Operate-Transfer • BTO: Build-Transfer-Operate • CAO: Contract-Add-Operate • DOT: Develop-Operate-Transfer • ROT: Rehabilitate-Operate-Transfer • ROO: Rehabilitate-Own-Operate 2
  • 3. BT: Build -Transfer • A Contractual Agreement • Contractor undertakes financing and construction of a facility. • After completion hands it over to the Government. • Government reimburses the total project investment on the basis of an agreed schedule. • May be employed for all types of projects including critical facilities which for security or strategic reasons must be operated directly by the government. 3
  • 4. BLT: Build-Lease-Transfer • A Contractual Agreement • Contractor undertakes to finance and construct. • On completion hands it over to the Govt. on a Lease arrangement for a fixed period. • After completion of the fixed period, ownership of the facility is automatically transferred to the government. 4
  • 5. BOT: Build-Operate-Transfer • A contractual agreement • Developer undertakes construction (including financing) and operation and maintenance thereof. • Developer operates the facility over a fixed term. • Allowed to charge the facility users appropriate tolls, fees, rental to enable recovery of his investment. • User charges should not exceed amount proposed in the bid or as negotiated. 5
  • 6. BOT: Build-Operate-Transfer …contd. • Developer transfers the facility to the government at the end of the fixed term. • These types of projects shall include a supply-and-operate situation: - The supplier of equipment and machinery for a given infrastructure facility –if the interest of the government so requires- operates the facility and in the process provides technology transfer and training to the government nominated individuals. 6
  • 7. BOO: Build-Own-Operate • A contractual agreement • Developer undertakes construction (including financing) and operation and maintenance thereof. • Allowed to recover his total investment by collecting user levies from facility users. • Developer who owns the assets of the facility can choose to assign its operation and maintenance to a facility operator. • No transfer to the government is envisaged but the government may terminate its obligations after specified time period. 7
  • 8. BOOT: Build-Own-Operate-Transfer • Similar to BOO but liable to transfer the project to the government after expiry of the specified period of operation. • Difference between BOT and BOOT is about ownership. 8
  • 9. BTO: Build-Transfer-Operate • A contractual agreement. • The government contracts out an infrastructure facility to a developer • To construct the facility on a turn-key basis assuming all cost overruns, delays and specified performance risks. • Once the facility is commissioned satisfactorily the developer is given the right to collect the user fee under a concession agreement. • The title of the facilities always vests with the government. 9
  • 10. CAO: Contract-Add-Operate • A contractual agreement • Developer adds to an existing facility which it rents from the government and operates the expanded project. • Collects user levies to recover the investment over an agreed period. • There may or may not be a transfer arrangement with regard to the added facility provided by the developer. 10
  • 11. DOT: Develop-Operate-Transfer • A contractual agreement • Favorable conditions external to a new project which is to be built by a developer are integrated in the BOT arrangement by giving that entity the right to develop adjoining property and thus enjoy some of the benefits the investment creates such as higher property or rent values. 11
  • 12. ROT: Rehabilitate-Operate-Transfer • A contractual agreement • Existing facility is handed over to the private sector to refurbish, operate (collect user levies to recover the investment). • At the end of the term the facility is transferred back to the government. • Also for purchase of an existing facility from abroad, importing, refurbishing, erecting and consuming it within the host country. 12
  • 13. ROO: Rehabilitate-Own-Operate • A contractual agreement • An existing facility is handed over to the operator to refurbish and operate with no time limitation imposed on ownership. • As long as the operator is not in violation of its franchise, it can continue to operate the facility and collect user levies in perpetuity. 13