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Public Private Partnerships in the Infrastructure Sector

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  • Public Private Partnerships in the Infrastructure Sector
CoursesealsPublic Private Partnerships in the Infrastructure Sector
  • Introduction to PPP in the infrastructure sector 6

    • Lecture1.1
      What is PPP and how is the concept defined? 30 min
    • Lecture1.2
      The growth of PPP from an historical perspective 30 min
    • Lecture1.3
      The concept of privatisation in the context of PPPs 30 min
    • Lecture1.4
      Conventional procurement and PPP procurement 30 min
    • Lecture1.5
      Examples of PPP reform 30 min
    • Lecture1.6
      Summary of key characteristics and criteria of PPPs 30 min
  • Chapter 2: Structuring a PPP project 5

    • Lecture2.1
      Structuring a PPP project 30 min
    • Lecture2.2
      Project structuring: feasibility study 30 min
    • Lecture2.3
      PPP economics 30 min
    • Lecture2.4
      PPP economics 30 min
    • Lecture2.5
      Alternative PPP structure: rail project case study 30 min
  • Chapter 3: Financing an infrastructure PPP project 6

    • Lecture3.1
      Sources of financing for an infrastructure PPP project 30 min
    • Lecture3.2
      What is Project Finance? 30 min
    • Lecture3.3
      Drawbacks of using project finance in infrastructure PPP transactions 30 min
    • Lecture3.4
      Structure 30 min
    • Lecture3.5
      Key parties 30 min
    • Lecture3.6
      Timeline for financing an infrastructure PPP project 30 min
  • Chapter 4 :Documenting the transaction: anatomy of a PPP concession agreement and key risk allocation issues 11

    • Lecture4.1
      Scope and term of a PPP Concession Agreement 30 min
    • Lecture4.2
      Construction period obligations 30 min
    • Lecture4.3
      Operation period obligations 30 min
    • Lecture4.4
      Payment regimes 30 min
    • Lecture4.5
      Supervening events 30 min
    • Lecture4.6
      Termination and compensation 30 min
    • Lecture4.7
      Liability and insurance 30 min
    • Lecture4.8
      Dispute resolution 30 min
    • Lecture4.9
      Government controls 30 min
    • Lecture4.10
      Government support obligations 30 min
    • Lecture4.11
      Additional terms and conditions 30 min
  • Chapter 5: Documenting the transaction: finance documents 8

    • Lecture5.1
      Core finance documents 30 min
    • Lecture5.2
      Equity arrangements 30 min
    • Lecture5.3
      Impact on the concession agreement 30 min
    • Lecture5.4
      Direct Agreements 30 min
    • Lecture5.5
      Security 30 min
    • Lecture5.6
      Enforcement and insolvency 30 min
    • Lecture5.7
      Involvement of multilateral development banks (MDBs), development finance institutions (DFIs) and export credit agencies (ECAs) 30 min
    • Lecture5.8
      Government shareholder arrangements 30 min
  • Chapter 6:Documenting the transaction: other project documents 2

    • Lecture6.1
      Construction contract, O&M contract and interface issues 30 min
    • Lecture6.2
      Sub-contract risk pass-down 30 min
  • Chapter 7:Procurement arrangements 2

    • Lecture7.1
      A typical PPP timetable 30 min
    • Lecture7.2
      Unsolicited proposals 30 min
  • Chapter 8:Introduction to key sector issues 7

    • Lecture8.1
      Road projects 30 min
    • Lecture8.2
      Urban rail projects 30 min
    • Lecture8.3
      Freight rail projects 30 min
    • Lecture8.4
      Airport projects 30 min
    • Lecture8.5
      Port projects 30 min
    • Lecture8.6
      Accommodation projects 30 min
    • Lecture8.7
      Glossary 30 min

    Construction contract, O&M contract and interface issues

    This guide has previously focused on the relationships between the concessionaire and the government, and between the concessionaire and the lenders. We now turn to address the issue of how the concessionaire actually upholds its obligations and delivers the services that have been agreed.

     

    The concessionaire itself usually has a minimal number of staff. It does not have construction personnel to build the facility and it does not usually have any facilities management staff to operate and maintain the facility. Therefore, the concessionaire acts as the “middle man”, the interface between the public sector (as recipient of the facilities and/or services) and an EPC contractor and an O&M contractor (as suppliers of the facilities and/or /services). This can be seen in the diagram below.

     

    The split between EPC contractor and O&M contractor arises because construction works and maintenance activities are traditionally the domain of different types of businesses. However, due to diversification or consolidation within the market, the EPC contractor and the O&M contractor may sometimes be part of the same corporate group, or they may even be the same corporate entity.

     

    Given its limited financial resources, the concessionaire must ensure that its inputs and outputs on the one hand upstream to the government under the concession agreement and on the other hand downstream to the sub-contractors under the sub-contracts are as closely matched as possible – ideally the concessionaire needs to be in a neutral position.

    SUMMARY OF KEY POINTS
    Construction contract, O&M contract, interface issues

    • The PPP company / concessionaire often has minimal staff, it is the “middle man” between the public sector (as recipient of the facilities / services) and an EPC contractor or an O&M contractor (as suppliers of the facilities / services). This distinction between the two contractors is due to the fact that the construction works and maintenance services are two different types of business. However, sometimes both contractors are part of the same corporate group or can be the same entity due to diversification or consolidation within the market.
    • In terms of financial resources, the concessionaire must ensure its financial inputs and outputs upstream to the government, and downstream to the sub-contractors, are closely matched to ensure it maintains a neutral position.
    Prev Government shareholder arrangements
    Next Sub-contract risk pass-down

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