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Concessions, Build-Operate-Transfer (BOT) Projects, and Design-Build-Operate (DBO) Projects are types of public-private partnerships. See below for definitions of each type of agreement, as well as key features and examples of each. This page also includes links to checklists, toolkits, and sector-specific PPP information.
A Concession gives an operator the long term right to use all utility assets conferred on the operator, including responsibility for all operation and investment. Asset ownership remains with the authority. Assets revert to the authority at the end of the concession period, including assets purchased by the operator. In a concession the operator typically obtains its revenues directly from the consumer and so it has a direct relationship with the consumer. A concession covers an entire infrastructure system (so may include the operator taking over existing assets as well as building and operating new assets).
A Build -Operate- Transfer (BOT) Project is typically used to develop a discrete asset rather than a whole network and is generally entirely new or greenfield in nature (although refurbishment may be involved). In a BOT Project the project company or operator generally obtains its revenues through a fee charged to the utility/ government rather than tariffs charged to consumers. A number of projects are called concessions, such as toll road projects, which are new build and have a number of similarities to BOTs .
In a Design-Build-Operate (DBO) Project the public sector owns and finances the construction of new assets. The private sector designs, builds and operates the assets to meet certain agreed outputs. The documentation for a DBO is typically simpler than a BOT or Concession as there are no financing documents and will typically consist of a civil works contract plus an operating contract, or a section added to the contract covering operations. The Operator is taking no financing risk and will typically be paid a sum for the design-build of the plant and then an operating fee for the operating period.
This section looks in greater detail at Concessions and BOT Projects. It also looks at Off-Take/ Power Purchase Agreements, Input Supply/ Bulk Supply Agreements and Implementation Agreements which are used extensively in relation to BOT Projects involving power plants.
The chart below shows the contractual structure of a typical BOT Project or Concession, including the lending agreements, the shareholder's agreement between the Project company shareholders and the subcontracts of the operating contract and the construction contract, which will typically be between the Project company and a member of the project company consortium.
Each project will involve some variation of this contractual structure depending on its particular requirements: not all BOT projects will require a guaranteed supply of input, therefore a fuel/ input supply agreement may not be necessary. The payment stream may be in part or completely through tariffs from the general public, rather than from an offtake purchaser.
For more information about finance agreements, visit the Finance section.