2.  Build-Operate-Transfer

The build-operate-transfer (BOT)14structure is similar to the DBFO approach except that the contractor retains ownership of the facility after construction and during the operating and maintenance phase of the project. A variation on this is the build-own-operate structure, which does not necessarily involve a contractual obligation to transfer the facility back to the public sector upon expiration of the useful life of the asset. The potential advantage of the BOT and similar structures is that the contractor accepts all revenue risk and re-ward during the operating and maintenance phase of the project. These structures have not been used very often in the U.S. highway sector. Recently BOT strategies have been considered for portions of I-69 and the Southern Indiana Toll Road.15




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14  See U.SDep't of Transp., supra note 11.

15  See discussion of BOT use associated with Indiana portion of I-69 found in Nationmaster.com (information about new or planned highways), available at http://www.nationmaster.com/encyclopedia/Interstate-69.0.