File417

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Box: 1-Models of Public Private Partnership (PPP) under NHDP PPP is a contractual agreement between a public agency and a private sector entity. Through this agreement the skills and assets of each sector are shared in delivering a service/facility. Besides, each party shares in the risks and rewards potential in the delivery of the service/facility. BOT – Toll Based • The Department gives land free from encumbrances to the Concessionaire. • The Concessionaire constructs the road and other facilities. • The Department pays grant/subsidy (viability gap) to the Concessionaire if required. • The Concessionaire maintains the road for the Concession period (15-20 years, in general; maximum period upto 30 years). • The Concessionaire collects and retains fee (Toll) collected from the road users. • The Concessionaire hands over the project including all the facilities on the expiry of the concession period. BOT – Annuity Based • The Department gives land free from encumbrances to the Concessionaire. • The Concessionaire constructs the road and other facilities. • The Department collects and retains fee (Toll) collected from the road users. • The Department pays Annuity (annually or biannually) to the Concessionaire. • The Concessionaire maintains the road for the Concession period. • The Concessionaire hands over the project and facilities on the expiry of the concession period. BOT – SPV (Toll Based) • The Department and the Concessionaire and other stake holders form Special Purpose Vehicle Company (SPV) to undertake construction and operation of a road project. • The SPV invests equity and borrows money for implementation of the project. • The Department gives land free from encumbrances to the SPV. • The SPV constructs the road and other facilities. • The SPV maintains the road during the concession period. • The Department pays grant/subsidy to the SPV. • The SPV collects and retains fee (Toll) collected from the road users during operation. • The SPV hands over the project including other facilities to the Department on completion of the concession period. xii

Box II – Main Features of Model Concession Agreement (MCA) Sharing of Traffic Risk • Target Traffic agreed for a target date. • In case of variation in traffic by more than 2.5% (shortfall or excess) - For every 1% shortfall – 1.5% increase in concession period (subject to a maximum of 20%) - For every 1% excess – 0.75% reduction in concession period (subject to a maximum of 10%). Revenue Sharing • Concessionaire to pay a sum of Rupee one per annum as concession fee to the Authority. • Concessionaire free to quote an additional concession fee in the form of a share in revenue from user fee. • This additional concession fee also called as premium. • Premium to be paid from Commercial Operation Date upto end of concession period. • Premium to increase by an additional 1% per year as compared to the immediately preceding year. Other Features • Provision for capacity augmentation. • Six months period for financial closure after award of contract. • 80 % required land to be made available on appointed date, remaining within 90 days of appointed date. • Concessionaire to undertake detailed design based on Core requirements given by NHAI. • Independent Engineer to review the design. • Performance based Operation & Maintenance. xiii

Box II – Main Features of Model Concession Agreement (MCA)<br />

Sharing of Traffic Risk<br />

• Target Traffic agreed for a target date.<br />

• In case of variation in traffic by more than 2.5% (shortfall or excess)<br />

- For every 1% shortfall – 1.5% increase in concession period<br />

(subject to a maximum of 20%)<br />

- For every 1% excess – 0.75% reduction in concession period<br />

(subject to a maximum of 10%).<br />

Revenue Sharing<br />

• Concessionaire to pay a sum of Rupee one per annum as<br />

concession fee to the Authority.<br />

• Concessionaire free to quote an additional concession fee in the<br />

form of a share in revenue from user fee.<br />

• This additional concession fee also called as premium.<br />

• Premium to be paid from Commercial Operation Date upto end of<br />

concession period.<br />

• Premium to increase by an additional 1% per year as compared to<br />

the immediately preceding year.<br />

Other Features<br />

• Provision for capacity augmentation.<br />

• Six months period for financial closure after award of contract.<br />

• 80 % required land to be made available on appointed date,<br />

remaining within 90 days of appointed date.<br />

• Concessionaire to undertake detailed design based on Core<br />

requirements given by NHAI.<br />

• Independent Engineer to review the design.<br />

• Performance based Operation & Maintenance.<br />

xiii

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