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5 - The Contractual Structure

Published online by Cambridge University Press:  05 June 2012

Jeffrey Delmon
Affiliation:
The World Bank
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Summary

As discussed in Chapter 1, PPP structures are ultimately flexible. Instead of endeavoring to dissect contractual structures and risk allocation for every possible PPP structure, this chapter will use the example of a project-financed BOT project to show how risk can be managed in the context of PPP. Project-financed BOTs are highly structured, risk-sensitive projects and therefore present a convenient opportunity for a discussion of key issues that arise in any PPP project.

The BOT project places the responsibility for financing, constructing, and operating the project on the private sector. The host country grants a concession to the private company to build and operate the facility over a period of time. The private company then uses the revenue from the operation of the facility to service debt and provide the investors with a return. Where the host country is also the offtake purchaser, the project is likely to be treated as payment for a service rather than financing of infrastructure. This can keep the project debt from being counted against the country's debt ratios or public sector borrowing requirements.

Key Messages for Policy Makers

Stability is the goal. Prepare for every eventuality but realize it is impossible to anticipate every one of them.

Ensure a practical fallback position that protects consumers. Make sure that if all else fails, the public is in the position to take the infrastructure and services back quickly to ensure continuity.

Keep the revenue stream as certain, foreseeable, and ring fenced as possible – it is the lifeblood of the project. […]

Type
Chapter
Information
Public-Private Partnership Projects in Infrastructure
An Essential Guide for Policy Makers
, pp. 116 - 155
Publisher: Cambridge University Press
Print publication year: 2011

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  • The Contractual Structure
  • Jeffrey Delmon, The World Bank
  • Book: Public-Private Partnership Projects in Infrastructure
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511974403.005
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  • The Contractual Structure
  • Jeffrey Delmon, The World Bank
  • Book: Public-Private Partnership Projects in Infrastructure
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511974403.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Contractual Structure
  • Jeffrey Delmon, The World Bank
  • Book: Public-Private Partnership Projects in Infrastructure
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511974403.005
Available formats
×