BOT Assign 1

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BOT CONTRACT

Presented by : thirumalesh reddy gn


BOT Contract
• A build-operate-transfer (BOT) contract is a
model used to finance large projects, typically
infrastructure projects developed through
public-private partnerships.

• BOT projects are normally large-scale,


greenfield infrastructure projects that would
otherwise be financed, built, and operated
solely by the government.
BOT CONTRACTUAL STRUCTURE

Government

Concession
agreement
Banks Loans Construction Contractors
project
Company
Investors Share holders Operation Operators

Raw Feed stock Offtake Users


materials
HOW BOT CONTRACT WORKS
 Build-operate-transfer (BOT) contract,
an entity usually a government grants a
concession to a private company to
finance, build, and operate a project.

 The company operates the project for a


period of time (20 or 30 years) with the
goal of recouping its investment, then
transfers control of the project back to
the public entity.
AGGREMENTS OF BOT CONTRACT

1. Concession agreement
2. Loan agreement
3. Shareholders agreement
4. Construction contract
5. Supply contract (Equipment/Material/Fuel supply
contract)
6. Off-take agreement
7. O & M agreement
1. Concession agreement :
The concession agreement is between the government and the concessionaire. The
concession agreement is regarded as the "heart" of a BOT project as it determines the commercial
viability and profitability.

2. Loan agreement:
The loan agreement is between the lenders and the concessionaire. The Banks provide
the much necessary debt to the concessionaire.

3. Shareholders agreement:
The shareholder agreement is between the equity investors and the concessionaire.

4. Construction contract:
The construction contract is between the contractor and the concessionaire. The
contract is usually let under fixed price turnkey contract.
5. Supply contract:
An agreement between the supplier and the concessionaire. The supplier in a supply
contract is often government agency that supplies raw material such as coal to power plant and oil.

6. Off-take agreement:
An agreement between the government and the concessionaire to purchase minimum
quantity of services such as electricity, water at fixed price for fixed term.

7. Operation and Maintenance Contract (O & M Contract):


An agreement between the concession company and the operator. The operation
phase plays a very important role in the success of BOT project as is success is tied to its revenue
generating ability. The operation phase of build-operate-transfer projects presents the great
management challenge and demands the highest level of attention.
RISKS OF BOT CONTRACTS
MERITS AND DEMERITS OF BOT
MERITS
 It minimizes the public cost for infrastructure development.
 It reduces public debt.
 It allows for innovation.
 It provides a chance to bring in expertise.
 It allows each party to focus on therir strengths.
 It keeps puclic-sector funds where they are most needed.
 It is a process that is fully appraised.

Demerits
 It can have higher transaction costs.
 It only works for large projects.
 It requires fund - raising to be successful.
 It may requires substantial operational revenues to be successful.
 It requires strong corporate governance.
 It can place the public sector at a disadvantage.
Thank you

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