A Construction Transaction Transfer (BOT) is an agreement under which an investor commits to build, finance and exploit a certain infrastructure value (e.g. airport. B, port, power plant, water distribution, etc.) for a specified period of time before transferring the value of the infrastructure to the government. The duration of such an agreement is generally long enough for the investor to re-take back the investment costs associated with building the infrastructure by applying a tariff or user fee during the period during which he operates the infrastructure. The legal form of users` rights is the distinguishing feature of the BOT system. The concession agreement always contains clauses that clearly define these rights. The concession gives the manager the right to use and use the port infrastructure and, in the case of an existing terminal, to also use the overstructure and available port equipment. Under a BOOT system, an operator is sometimes allowed to own the land on which improvements must be made by the end of the concession period. As a general rule, the concession agreement determines the value of the facilities on a pre-defined formula (including an agreed depreciation table). At the time of handover to the port authority at the end of the concession period, the port authority pays the operator the residual value calculated on the basis of the established formula. The graph below shows the contractual structure of a typical bot project or a typical concession, including loan agreements, the shareholder contract between the project company`s shareholders and the subcontracting of the enterprise and construction contract, usually between the project company and a member of the project company consortium. Project Co and the government enter into a concession agreement specifying the conditions under which they acquire and operate the facility and who are entitled to revenue for the operation and maintenance of the facility for the duration of the concession (usually between 10 and 30 years), as part of an O-M agreement.
And our “establishment” is a fully functional and integrated team of IT experts working on a client project. The STANDARD BOT contract may contain 12 parts: Construction is based on a construction program that describes the completion dates of the various construction phases (stages) under the approved RPD. This DPR is almost always included in the concession contract. As a general rule, the Port Authority requires that it be informed immediately of any delays on the site and the resulting contingency plan to remedy the delay (see Box 60 and Box 61). But all of these parts can be modified, transformed for the comfort of both parties or divided into several separate contracts. For example, the contract itself and an additional risk-sharing agreement. The same applies to the operation of the construction of transmission services. An operator who manages land under a concession or lease agreement generally obtains the right to rebuild the site, build buildings and introduce new equipment. If the site is built or rebuilt under a bot arrangement, the operator also has the right to build new wharf walls, dredge canals and create new harbour lands.