Understanding FIDIC Standard Condition for

Design, Build Operate (DBO) & Transfer Project Contracts

Design Build Operate (DBO) Transfer PPP BOT Projects have been the Government Method of choice to enable Rapid Economic and Service Development even in the face of Limited Resources. These projects aim to meet the Intended Objectives including
(1) Local Community Development,
(2) Service Improvement,
(3) Efficient Operations and
(4) Reasonable Costs for the Users.

This program will show that FIDIC Standard DBO Contract is a Good Benchmarking Contract for your own Build Operate Transfer or PPP Contracts. In these projects the Contractor is provided the National Resource or An Ongoing Government Facility, and the Contractor Designs his Project, Constructs, Operates and Recovers his agreed Costs plus Profit, and then returns the Project to the Owner or Government in Good Working Condition.

FIDIC came up with this Design Build Operate DBO Standard Contract in 2008 for Green Field Projects with a 20 year operating period. In this Contract the Contractor has no responsibility for Financing or Commercial Success of the project he just Designs the project, Constructs it and Operates it for 20 years on behalf of the Owner on Agreed Payment Basis. This program will include some more provisions you will need to include Contractor Financing of the Project, Owner agreeing subsidies to take care of viability gaps, and Mechanism for sharing of revenue during period of Contractor Operation of the Project.

This program will discuss in detail Design Build Operate DBO Contract Conditions including:
(1) Definitions and Some Key Arrangements
(2) Operating License
(3) Errors in the Employer's Requirements,
(4) Confidential Details
(5) Compliance with Laws, Joint and Several Liability.
(6) The Employers Obligations and Financing Arrangements if required.
(7) Employers Staff and Representatives on the Project and their Determination of Issues.
(8) The Contractor’s Obligations including
(a) Performance Security,
(b) Contractor's Representative and Project Staff,
(c) Subcontractors & Nominated Subcontractors,
(d) Obligation to Co-operate,
(e) Setting Out,
(f) Safety Procedures,
(g) Quality Assurance,
(h) Site Data,
(i) Sufficiency of the Accepted Contract Amount,
(j) Unforeseeable Physical Conditions,
(k) Rights of Way and Facilities,
(l) Avoidance of Interference,
(m) Access Route & Transport of Goods,
(n) Contractor's Equipment,
(o) Protection of the Environment,
(p) Electricity, Water and Gas Supplies,
(q) Employer's Equipment and Free-Issue Materials,
(r) Progress Reports,
(s) Security of the Site,
(t) Contractor's Operations on Site,
(u) Fossils,
(v) Changes in the Contractor's Financial Situation.
(9) Contractors D-B-O Design obligations including
(a) Contractor's Documents & Undertaking,
(b) Technical Standards and Regulations,
(c) As-Built Documents,
(d) Operation and Maintenance Manuals,
(e) Handling Design Error.
(10) Contractor Employees related Requirements.
(11) Contractors Plant, Materials and Workmanship brought to the Site.
(12) Project Commencement Date, Completion Time and Program of Works.
(13) On Commencement of Design and Build part of Project some key provisions, program will also discuss changes where contractor is financing the project, for
(a) Time for Completion of Design-Build,
(b) Extension of Time for Completion of Design-Build,
(c) Delays Caused by Authorities,
(d) Rate of Progress,
(e) Delay Damages relating to Design-Build,
(f) Suspension of Work,
(g) Consequences of Suspension,
(h) Payment for Plant and Materials in Event of Suspension,
(i) Prolonged Suspension,
(j) Resumption of Work,
(k) Completion of Design-Build,
(l) Failure to Complete.
(14) Operation Phase of The project:
(a) Commencement of Operation Service,
(b) Independent Compliance Audit,
(c) Delivery of Raw Materials,
(d) Training,
(e) Delays and Interruptions during the Operation Service,
(f) Failure to Reach Production Outputs,
(g) Completion of Operation Service,
(h) Ownership of Output and Revenue.
(15) Testing of Works on Completion including
(a) Tests on Completion,
(b) Delayed Tests on Completion of Design-Build,
(c) Retesting of the Works,
(d) Failure to Pass Tests on Completion of Design-Build,
(e) Completion of the Works and Sections, and, Commissioning of Parts of the Works,
(f) Commissioning Certificate,
(g) Joint Inspection Prior to Contract Completion,
(h) Procedure for Tests Prior to Contract Completion,
(i) Delayed Tests Prior to Contract Completion,
(j) Failure to Pass Tests Prior to Contract Completion,
(k) Retesting Prior to Contract Completion.
(16) Handling Defects Outstanding at Completion
(18) Price Variations and Price Adjustments or Recoverable Cost Adjustments
(a) Right to Vary,
(b) Value Engineering,
(c) Variation Procedure,
(d) Payment in Applicable Currencies,
(e) Provisional Sums, Adjustments for Changes in Legislation,
(f) Adjustments for Changes in Technology,
(g) Adjustments for Changes in Cost.
(19) Contract Price and Payment or Reimbursable Cost Recovery
(20) Asset Replacement Fund,
(21) Maintenance Retention Fund.
(22) Termination by Employer the Processes and Settlements,
(23) Suspension & Termination by Employer.
(24) Risk Allocations on the D-B-O Project
(a) The Employer's Risks during the Design-Build Period,
(b) The Contractor's Risks during the Design-Build Period,
(c) The Employer's Risks during the Operation Service Period,
(d) The Contractor's Risks during the Operation Service Period and Responsibility for Care of the Works,
(e) Consequences of the Employer's Risks of Damage,
(f) Consequences of Contractor's Risks resulting in Damage,
(g) Limitation of Liability,
(h) Indemnities by the Contractor,
(i) Indemnities by the Employer,
(j) Shared Indemnities,
(k) Risk of Infringement of Intellectual and Industrial Property Rights.
(25) Exceptional Risks and Processes,
(26) Insurance Obligations
(26) Claims, Disputes & Arbitrations including
(a) Contractor's Claims,
(b) Employer's Claims,
(c) Appointment of the Dispute Adjudication Board,
(d) Failure to Agree Dispute Adjudication Board,
(e) Avoidance of Disputes,
(f) Obtaining Dispute Adjudication Board's Decision,
(g) Amicable Settlement,
(h) Arbitration,
(i) Failure to Comply with Dispute Adjudication Board's Decision,
(j) Disputes Arising during the Operation Service Period,
(k) Expiry of Dispute Adjudication Board's Appointment,

1. Who Should Attend
2. This program is intended for Design Build Operate DBO Design Build Transfer BOT and PPP Project Contract Professionals , Legal Staff, Site Professionals, Finance Professionals, Auditors, Consultants and Project Managers.
3. This program can be used to train project implementation teams - when a new Design Build Operate DBO, Public Private Partnership PPP or Build Operate Transfer BOT Contract is being started in by your organization.
4. Program Content & Modules
5. Program Content & Modules
6. Understanding FIDIC Standard Condition for Design Build Operate (DBO) & Transfer Project Contracts
9. Design Build Operate (DBO) Transfer PPP BOT Projects have been the Government Method of choice to enable Rapid Economic and Service Development even in the face of Limited Resources. These projects aim to meet the Intended Objectives including
   (1) Local Community Development,
   (2) Service Improvement,
   (3) Efficient Operations and
   (4) Reasonable Costs for the Users.
10. This program will show that FIDIC Standard DBO Contract is a Good Benchmarking Contract for your own Build Operate Transfer or PPP Contracts. In these projects the Contractor is provided the National Resource or An Ongoing Government Facility, and the Contractor Designs his Project, Constructs, Operates and Recovers his agreed Costs plus Profit, and then returns the Project to the Owner or Government in Good Working Condition.
11. Most popular example of a DBO Project is where the contractor is offered land to build a Road or a Bridge, and when completed he starts charging toll from the users, collects the revenue till his agreed costs and profits are recovered, and then hands the Road or bridge to the government. Projects could be a Green Field (just land given) or Brownfield where existing road or bridge given to contractor which he converts into, say, an expressway. Design Build Operate or PPP contracts have been used for Airports, Ports, Hospitals, Hotels, Gardens, Visa Services, Government Services... all with small modifications to the method of recovering costs and profit for the contractor.
12. FIDIC came up with this Design Build Operate DBO Standard Contract in 2008 for Green Field Projects with a 20 year operating period. In this Contract the Contractor has no responsibility for Financing or Commercial Success of the project he just Designs the project, Constructs it and Operates it for 20 years on behalf of the Owner on Agreed Payment Basis. This program will include some more provisions you will need to include Contractor Financing of the Project, Owner agreeing subsidies to take care of viability gaps, and Mechanism for sharing of revenue during period of Contractor Operation of the Project.
13. This program will discuss in detail Design Build Operate DBO Contract Conditions including:
    (1) Definitions and Some Key Arrangements
    (2) Operating License
    (3) Errors in the Employer's Requirements,
    (4) Confidential Details
    (5) Compliance with Laws, Joint and Several Liability.
    (6) The Employers Obligations and Financing Arrangements if required.
    (7) Employers Staff and Representatives on the Project and their Determination of Issues.
    (8) The Contractor’s Obligations including
    (a) Performance Security,
    (b) Contractor's Representative and Project Staff,
    (c) Subcontractors & Nominated Subcontractors,
    (d) Obligation to Co-operate,
    (e) Setting Out,
    (f) Safety Procedures,
    (g) Quality Assurance,
    (h) Site Data,
    (i) Sufficiency of the Accepted Contract Amount,
    (j) Unforeseeable Physical Conditions,
    (k) Rights of Way and Facilities,
    (l) Avoidance of Interference,
    (m) Access Route & Transport of Goods,
    (n) Contractor's Equipment,
    (o) Protection of the Environment,
    (p) Electricity, Water and Gas Supplies,
    (q) Employer's Equipment and Free-Issue Materials, ® Progress Reports,
    (s) Security of the Site,
    (t) Contractor's Operations on Site,
    (u) Fossils,
    (v) Changes in the Contractor's Financial Situation.
    (9) Contractors D-B-O Design obligations including
    (a) Contractor's Documents & Undertaking,
    (b) Technical Standards and Regulations,
    (c) As-Built Documents,
    (d) Operation and Maintenance Manuals,
    (e) Handling Design Error.
    (10) Contractor Employees related Requirements.
    (11) Contractors Plant, Materials and Workmanship brought to the Site.
    (12) Project Commencement Date, Completion Time and Program of Works.
    (13) On Commencement of Design and Build part of Project some key provisions, program will also discuss changes where contractor is financing the project, for
    (a) Time for Completion of Design-Build,
    (b) Extension of Time for Completion of Design-Build,
    (c) Delays Caused by Authorities,
    (d) Rate of Progress,
    (e) Delay Damages relating to Design-Build,
    (f) Suspension of Work,
    (g) Consequences of Suspension,
    (h) Payment for Plant and Materials in Event of Suspension,
    (i) Prolonged Suspension,
    (j) Resumption of Work,
    (k) Completion of Design-Build,
    (l) Failure to Complete.
    (14) Operation Phase of The project:
    (a) Commencement of Operation Service,
    (b) Independent Compliance Audit,
    (c) Delivery of Raw Materials,
    (d) Training,
    (e) Delays and Interruptions during the Operation Service,
    (f) Failure to Reach Production Outputs,
    (g) Completion of Operation Service,
    (h) Ownership of Output and Revenue.
    (15) Testing of Works on Completion including
    (a) Tests on Completion,
    (b) Delayed Tests on Completion of Design-Build,
    (c) Retesting of the Works,
    (d) Failure to Pass Tests on Completion of Design-Build,
    (e) Completion of the Works and Sections, and, Commissioning of Parts of the Works,
    (f) Commissioning Certificate,
    (g) Joint Inspection Prior to Contract Completion,
    (h) Procedure for Tests Prior to Contract Completion,
    (i) Delayed Tests Prior to Contract Completion,
    (j) Failure to Pass Tests Prior to Contract Completion,
    (k) Retesting Prior to Contract Completion.
    (16) Handling Defects Outstanding at Completion
    (18) Price Variations and Price Adjustments or Recoverable Cost Adjustments
    (a) Right to Vary,
    (b) Value Engineering,
    (c) Variation Procedure,
    (d) Payment in Applicable Currencies,
    (e) Provisional Sums, Adjustments for Changes in Legislation,
    (f) Adjustments for Changes in Technology,
    (g) Adjustments for Changes in Cost.
    (19) Contract Price and Payment or Reimbursable Cost Recovery
    (20) Asset Replacement Fund,
    (21) Maintenance Retention Fund.
    (22) Termination by Employer the Processes and Settlements,
    (23) Suspension & Termination by Employer.
    (24) Risk Allocations on the D-B-O Project
    (a) The Employer's Risks during the Design-Build Period,
    (b) The Contractor's Risks during the Design-Build Period,
    (c) The Employer's Risks during the Operation Service Period,
    (d) The Contractor's Risks during the Operation Service Period and Responsibility for Care of the Works,
    (e) Consequences of the Employer's Risks of Damage,
    (f) Consequences of Contractor's Risks resulting in Damage,
    (g) Limitation of Liability,
    (h) Indemnities by the Contractor,
    (i) Indemnities by the Employer,
    (j) Shared Indemnities,
    (k) Risk of Infringement of Intellectual and Industrial Property Rights.
    (25) Exceptional Risks and Processes,
    (26) Insurance Obligations
    (26) Claims, Disputes & Arbitrations including
    (a) Contractor's Claims,
    (b) Employer's Claims,
    (c) Appointment of the Dispute Adjudication Board,
    (d) Failure to Agree Dispute Adjudication Board,
    (e) Avoidance of Disputes,
    (f) Obtaining Dispute Adjudication Board's Decision,
    (g) Amicable Settlement,
    (h) Arbitration,
    (i) Failure to Comply with Dispute Adjudication Board's Decision,
    (j) Disputes Arising during the Operation Service Period,
    (k) Expiry of Dispute Adjudication Board's Appointment,
14. This Euro Training Global Limited training program will discuss for all the above clauses, and from benchmarked with other Industry Design Build Operate DBO Contracts:
    (1) Among Contractor, Owner, Consultant, Who is responsible for What;
    (2) A Clause by Clause Understanding of the Range of Possible Contractual Situations that can arise;
    (3) The Actions required to be Taken to Minimize Delay and your Contractual Liability.
    (4) Recommended Contract Administration Procedures;
    (5) Possible Disputes & Claims;
    (6) The Site Records & other Documentation to be Generated, including that for resolving usual disputes;
    (7) Situations under which you should consult your Legal Advisers;
    (8) Effectively Perform Clause Specific Contract Administration Responsibilities;
    (9) Benchmark your Contracts with Good & Best International Practices to identify the details you can draft and changes in risk allocation you can consider.

Program General Methodology





































































































































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Euro Training is in the business of providing

1. Knowhow and Technology Transfer to the Participants.
2. Building Job Oriented Understanding, Competencies & Process Knowledge.
3. Domain Multi-discipline understanding that Improves Performance, Credibility and Respect
4. Competencies that Enable Superior Performance, Promotion, Career Advancement and Respect among Peers

This 3 week Advanced Training Participant Takeaways

1. A-Z Knowhow and Step-by-Step Process Knowledge
2. A Customized Detailed Action Plan to apply the Program Knowledge to Work.
   The detailed Action Plan and Implementation Plans you prepare and take away after the program will help you take improvement initiatives and make a positive difference in your job, team, business unit or organization.
   This difference after implementation and when added to your resume will make you a prime candidate for career advancement in your own organization or in your next job/s.

(Made possible by Euro Training's unique, multidiscipline, customer focused, strategic focused, knowledge management, Data Analytics approach)

• Improved Performance through
• Effectiveness (doing right first time by considering all key stakeholders), Efficiency (applying good practices), Goal Achievement (KPIs)
• Customer Satisfaction
• Strategic Alignment
• Multi-discipline Empowered Employee
• Multi-Stakeholder Focus
• Customer Focus
• Operational Focus
• Strategic Focus
• Management by Facts
• Employees Leveraging the Multi-Disciplines for doing the job right first time, by taking following aspects into consideration before decision making...
  Business Needs, Internal & External Customer Needs and Expectations, Operational & Strategic Objectives, Regulatory Aspects, Industry Standards, Technology Options, Understand Helpful Modern Tools and Methods, Understanding Risks, Leveraging Contingency Plans, Actions that Increase Productivity, Legal & Contractual Aspects, Intellectual Property Aspects, Safety, Security, Audit, Cost Benefit Aspects, Value Engineering Opportunities, Develop Key Performance Indicators, Develop a Meaningful Performance Evaluation System .... (and more multi-discipline aspects)
• Creating a Pool of High Performers and Domain Mentors.

1. Job Satisfaction that will come when satisfying your customers
2. Respect that will come when you are Recognized by your Peers
3. Promotion that will come from your Better Job Performance, Making Improvements and Convincing Performance Review Handling
4. Career Advancement that will come from your increased Employability through Convincing Competency Display in Resume and Interviews, Improvement Ideas, and Implemented Improvements

Team Nominations : Team Nominations (training teams): If the post program objective is to Assign the Participants to Roles that require (any of): Implement Changes requiring Establishing Teams, Work on New Projects, eEnable Existing Processes, Implementing a Relevant Data Analytic Project, Building a Knowledge System, Building a Quality Assured System, Adopting and/or Implementing ISO9001 or other Industry Standards, Setting-up KPI's or Service Level Agreements (SLA's), Setting up a Balanced Score Card System, Setting Up an Early Warning System... it is recommended that the organization nominate at least two participants together for this program. This will help the participants create a Critical Mass for the Change and support each other during such implementations.

Single Nominations will also be accepted for the program.

Single participant nominations can be made where the objective is to:-

1. Refresh and Upgrade skills, analytic abilities and competencies of existing employees, or, Develop relevant skills, analytic abilities and competencies in the new employees assigned these responsibilities.
2. Training promising experienced employee to take on Mentoring/ Instructor roles in this knowledge area.
3. Train individuals for Leadership Role in Teams, Section, Business Unit, Department or Organization.

All Programs are in English. Arabic Language Support is also Available. French and Spanish Translation Service is available by prior arrangement.

Certificate of attendance is awarded to all Participants attending this program and on payment of Program Fee (Instructor Lead 3 week/90 hours Full Time Training)s. Further, if you attend a 3 or 4 week training program (including cumulatively 3 weeks over a 3 year period) you can sit for a Certification Test. On successful passing the Test and on instructor favorable personal assessment you will be Certified as a Relevant Industry Professional. The decision of Euro Training Limited will be final in determining if you have Acquired the required competency to be Certified as such a Professional. Should you fail to get Certified the instructor may recommend further training or study before a redetermination may be made regarding your Certification. Professional Certifications are valid for 5 years.

• Classroom Training £10,840 (USD $13,800) per participant. Online eTraining Fee £8,000 (USD $10,000) per participant.
• Training and Workshop Materials are included in the Fees. These training materials (3 week program) can also be purchased separately for £2,400 ($3,000) each set for your Libraries or Internal Training Needs.

1. To register: Please send us an official letter confirming registration (on organizational letterhead). And send us a completed registration form –electronically fill-able is at- available at http://www.eurotraining.com/etl-reg.php You can request or registration form by Emailing regn@eurotraining.com and eurotraining@gmail.com
2. For Program Fee Information Email: fees@eurotraining.com . Fees are Payable by Bank Transfer or Bank Draft. Fee information is available at: http://www.eurotraining.com/fees.php .
3. Program Fee is
   • 1 week (5 day/30 hrs) Training Program:
     At Dubai, Kuwait, New Delhi, Qatar £4,315 (USD $5,500) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £4,747 (USD $6,050) per participant.
     Online eTraining Fee £2,000 (USD $2,500) per participant.
   • 6 day (36 hrs) Training Program (includes 1 day workshop): At Dubai, Kuwait, New Delhi, Qatar £5,100 (USD $6,500) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £5,610 (USD $7,150) per participant.
     Online eTraining Fee £2,500 (USD $3,125) per participant.
   • 2 week (60 hrs) Training Workshop (includes 1 week workshop):
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     At London, US Locations, Europe, Malaysia, Singapore £7,689 (USD $9,790) per participant.
     Online eTraining Fee £3,500 (USD $4,375) per participant.
   • 3 week (90 hrs) Advanced Training Program (includes 1 week training + 1 week workshop + 1 week advanced training) (if available):
     At Dubai, Kuwait, New Delhi, Qatar £10,840 (USD $13,800) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £11,924 (USD $15,180) per participant.
     Online eTraining Fee £5,000 (USD $6,250) per participant.
   • 4 week (120 hrs) Professional Certification Training Workshop (includes 1 week training + 1 week workshop + 1 week advanced training + 1 week domain professional skills)(if available):
     At Dubai, Kuwait, New Delhi, Qatar £13,990 (USD $17,800) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £15,389 (USD $19,580) per participant.
     Online eTraining Fee £6,000 (USD $7,5000) per participant.
   and includes Course Materials, Certificate, Refreshments and Lunch (classroom programs). www.eurotraining.com/admin/fees.php)
4. Accommodation is not included in Program fee. Special rates will be available at venue hotel for the class room training program participants.
5. Special discount of 10% is offered for participants who pay their fees at least 45 days before start of the program.
6. Refund will not be considered where the participants cancels his registration less than 3 weeks before start of the program. Alternate nominations will be allowed anytime before program start. In case of exceptional hardship or emergency participant may be allowed to attend at another location.
7. All participants are required to fill in Participant Information form - on first day of the program. Each program Undergoes Customization to Better Meet Participant Present and Future Career Needs. Please be prepared to let the Instructor/s know about your organization's Special Needs, Interests or Initiatives.
8. It is always useful for participants to bring their existing problems or case studies, work-process flow charts or job related problems for discussion - consideration will be at sole discretion of the program director/s.
9. Provisional Registration : You can make a provisional registration by sending us an email – an official registration request can be made within 2 weeks. This will ensure we will reserve a seat. If The official registration request is not received within 2 weeks or at least 2 weeks before program start this provisional registration is automatically cancelled – we do request you to infrom us asap you have decided either way. All provisional registrations automatically cancel 2 weeks before program start.
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