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Public Private Partnership Investment and Construction. Armando R. Araujo Cairo 2003. Government. Consumers. Investors. Concessionaire. Constructs Plant. Uses Plant. Supplies. Banks. Maintenance. Contractor. Equipment Supplier. Insurance. Operator. Investors. Banks. Government.
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Public Private Partnership Investment and Construction Armando R. Araujo Cairo 2003
Government Consumers Investors Concessionaire Constructs Plant Uses Plant Supplies Banks Maintenance Contractor Equipment Supplier Insurance Operator
Investors Banks Government Consumers Government Agency Concessionaire or Operator Constructs Plant Supplies Uses Plant Maintenance Contractor Equipment Supplier Insurance Operator
Country Risks • PoliticalRisks (political situation / fiscal regime / expropriation / cancellation) • CommercialRisks (economic situation / inflation / exchange rate) • LegalRisks (proprietary legislation / environmental legislation / sustainability of laws / appeals / justice)
Project Risks • ConstructionRisks • Design ==> output, efficiency • Cost of Construction (geology, quantities) • Completion Delays • No completion • Bad performance by Contractor
Project Risks (Cont) • OperationalRisks • Other investments not materializing • technical risks (performance) • demand risks (market for services) • supply risks (consumables input) • force majeure
Project Risks (Cont) • FinancialRisks • inflation • arrears or non-payment of services • exchange rate (devaluation and availability) • EnvironmentalRisks • licenses • penalties • new rules (public opposition)
Turn-Key Contracts • Risks (division) • Design (responsibility / transfer ownership of technology) • Supervision of Works (partial receptions) • Payment Schedule (this is one of the most difficult issues ==> not only economic issue but risk)
Pre-Qualification • Base ==> Standard Document for Works • Important Agents as Part of Applicant • Balance Risks x Restricted Competition • Experience of Sub-contractors • Requirements for Concessionaire Company • Project Information Memorandum • Advance Criteria for Award
Bidding Document for Turn-Key • Design Responsibility • Supervision of Works • Price Schedules • Avoid Up-front Loading • Divide Activities of Easy Measure • Payment Schedules
Bidding Documents for Concession • Two- stages x One-Stage • Technical Evaluation • Avoid Requiring Investment Plan • Use Performance Indicators • Concession Contract • Investments • Operation & Maintenance
Service to provide Concession Area Rights Concessionaire Obligations Concessionaire Regulation Applicable Regulator’s Power Penalties for non-compliance Tariff Regime Guarantees Duration Contract Termination; Renewal Dispute Resolution Applicable Law Concession Contract