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As part of securing the perceived benefits of private sector participation in transport projects, governments and authorities around the world are turning to concessions or franchises. Concessions and franchise agreements can allow public sector entities to transfer risk, obtain innovation and attract investment in the public interest that otherwise may not happen. They are also popular with the bidder and finance community. Involvement of the private sector in transport projects depends on the right balance of risk and reward. A procuring authority wants to retain sufficient control over a state-run or -owned asset of central importance, while avoiding an overly prescriptive contract that ties the hands of the private sector and stifles innovation. Meanwhile, the private sector looks for sufficient flexibility to generate new revenue and make a reasonable return, but with the state shouldering risks that are outside the private sector’s control.
Who should bear these risks of demand? How should revenue be shared? Questions like these go to the heart of any concession structure. A concession contract needs to deliver long-term benefits to both parties in order to serve users’ ongoing needs. The contract needs to be balanced to be sustainable. If you get it wrong, you risk triggering an expensive re-tendering process and possible costly litigation.
You may be a government or procuring authority wanting help in designing a concession and bringing it to market. You may be a bidder for a concession, a supplier or an investor or funder. You need legal support founded on years of experience. Whether it’s ports, airports, roads, urban transit or long distance rail, Dentons is involved in project delivery and operations as well as framework design and procurement—this helps us to develop informed, deliverable and sustainable solutions.
Dentons knows what works on the ground. Our experience can help to ensure implementation of a sustainable project and a long-term relationship between a transport project and private sector participants.
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