PUBLIC PRIVATE PARTNERSHIPS AND BUILD, OPERATE AND TRANSFER (BOT) AND SUCHLIKE SCHEMES Purpose This paper presents information on Public-Private Partnerships, and the use of Build, Operate and Transfer (BOT) and suchlike schemes as arrangements within these, as alternative options for infrastructure financing and highlights regional and international experiences - in particular Fiji and South Africa - in this regard.
Background
2. At FEMM 2005, Ministers requested, amongst other things, that the Pacific Islands Forum Secretariat (PIFS) compile a set of case studies and practical experiences, from within and outside the region, for the information of members in the use of Build, Operate and Transfer (BOT)/Build, Own, Operate and Transfer (BOOT) and suchlike schemes.
3. Given that BOT/BOOT schemes are designed and implemented as Public-Private Partnership (PPP) arrangements, the approach adopted in covering this issue has been to focus on BOT/BOOT schemes within the broader context rather than as a separate issue.
Issues
Public-Private Partnerships
4. The private sector is playing an increasingly crucial role in the financing and provision of services that were traditionally the domain of the public sector. One of the key reasons is that governments are unable to cope with the ever-increasing demands on their budgets. Most infrastructure expenditures in developing countries have been funded directly from fiscal budgets but several factors such as macroeconomic instability and growing investment requirements have shown that public financing is volatile and, in many countries, rarely meet crucial infrastructure expenditure requirements in a timely and adequate manner. 1
1 Ferreira and Khatami (1996) 2
5. Furthermore, there are efficiency gains arising from innovation, management and marketing skills offered by the private sector and greater incentives for the control of construction, operating and maintenance costs. More so, the provision of additional finance for infrastructure projects enables projects to be brought forward in time, thus generating earlier economic benefits. 2
6. The diagram below illustrates the continuum of options for involving the private sector in the provision of infrastructure delivery. 3
Diagram 1: Range of Private Sector Options
7. At the left are supply and service contracts, which tend to be of short duration and require less private commitment than the options higher in the continuum. The private contractor is not directly responsible for providing the service, but instead for performing specified tasks, such as supplying inputs, constructing works, maintaining facilities, or billing customers. At the left are the longer term arrangements which require significant private sector commitment.
Options for PPP
8. There is a range of options for involving private sector participation that vary with regards to ownership, operations and maintenance, financing, risk allocation and duration. A summary of these options can be viewed in Table 1.
Table 1: Allocation of key responsibilities under the main private sector participation options
Option Asset Ownership Operations and Maintenance Capital Investment Commercial Risk Duration Service contract Public Public and Private Public Public 1-2 years Management contract Public Private Public Public 3-5 years
Lease Public Private Public Shared 8-15 years Concession Public Private Private Private 25-30 years
2 Haley (1996) 3 World Bank (1995) 3 Option Asset Ownership Operations and Maintenance Capital Investment Commercial Risk Duration
Build Operate Transfer Private and public
Private Private Private
20-30 years Divestiture
Private or private and public Private Private Private Indefinite (may be limited by license)
Source: World Bank (1997)
Service contract
9. Under this option, the private sector performs a specific operational service for a fee, for example meter reading, billing and collection.
Management contract
10. In this option, the private sector is paid a fee for operating and maintaining a government-owned business and making management decisions.
Lease
11. Under the lease option, the private sector leases facilities and is responsible for operation and maintenance.
Concession
12. Under concessions, the private sector finances the project and also has full responsibility for operations and maintenance. The government owns the asset and all full use rights must revert to the government after the specified period of time.
Divestiture
13. This option can take two forms partial or complete divestiture. A complete divestiture, like a concession, gives the private sector full responsibility for operations, maintenance and investment, but unlike a concession, a divestiture transfers ownership of the assets to the private sector.
14. Discussion on the build, operate and transfer (BOT) options is covered more fully in the next section.
4
BOT/ BOOT Schemes
15. The build, operate, transfer (BOT) approach has in recent years played a growing role in the implementation of industrial and infrastructure projects such as toll roads, water supply and treatment facilities in both industrialised and developing countries. They are designed and implemented as Public-Private Partnership (PPP) arrangements.
16. In the FIC region, the need to develop and implement innovative project financing methods such as BOT is more pronounced given the costs of providing infrastructure services are naturally high. Small scale, dispersed populations, remoteness and susceptibility to natural disasters mean that [Pacific countries] dont benefit from the economies of scale infrastructure normally offers, services are often more costly to produce and maintain, and it is costly to increase access to rural areas. 4
What is BOT?
17. BOT is the terminology for a model or structure that uses private investment to undertake the infrastructure development that has historically been undertaken by the public sector. 5 In a BOT project, a private company is given a concession to build and operate a facility that would normally be built and operated by the government. The private company is also responsible for financing and designing the project. At the end of the concession period, the private company returns ownership of the project to the government (although this need not be the case). The concession period is determined primarily by the length of time needed for the facilitys revenue stream to pay off the companys debt and provide a reasonable rate of return for its effort and risk.
Other types of BOT
18. The acronym BOT is often used interchangeably with BOOT or build-own- operate-transfer. Variants include BOO (build-own-operate without any obligation to transfer); BT (build and transfer); BLT or BRT (build, rent or lease and transfer); BT (build and transfer immediately), BTO (build, transfer and operate) 6 , DBFO (design, build, finance and operate); and DCMF (design, construct, manage and finance); MOT (modernize, own/ operate and transfer); ROO (rehabilitate, own and operate); and ROT (rehabilitate, own and transfer).
19. The table provided below reviews the BOT option and its variants, describes some characteristics of these different procurement arrangements and depicts the relationship between these different procurement methods and the financing of the project.
4 Castalia (2005) 5 UNIDO (1998) 6 Possibly subject to installment payments of the purchase price. 5
Table 2: BOT project procurement structures
BOT Project Type Characteristics Build Own Operate Transfer (BOOT)
The service provider is responsible for design and construction, finance, operations, maintenance and commercial risks associated with the project. The service provider owns the project throughout the concession period The asset is transferred back to the government at the end of the term, often at no cost.
Build Own Operate (BOO)
Similar to BOOT projects, but the service provider retains ownership of the asset in perpetuity. The government only agrees to purchase the services produced for a fixed length of time
Design Build Operate (DBO)
A design and construction contract linked to an operation and maintenance contract. The service provider is usually responsible for financing the project during construction. The government purchases the asset from the developer for a pre-agreed price prior to (or immediately after) commissioning and takes all ownership risks from that time.
Lease Own Operate (LOO)
Similar to a BOO project but an existing asset is leased from the government for a specified time. The asset may require refurbishment or expansion. Source: Arndt (1999)
20. In a BOT project, the host government decides on the need for the project and its scope, requires that the design, performance and maintenance of the project be tailored to the countrys objectives and selects the private company by means of an appropriate bidding or evaluation process in order to arrive at a price that is fair to both the host government and the company.
21. BOT projects, when properly designed, offer significant potential for technology transfer and local capacity building as well as helping develop national capital markets.