Training on Negotiating and Managing PPP Contracts

This seminar on Negotiating and Managing PPP Contracts takes us through the workings of PPA theory from first principles to real world failure stories, sharing experiences with success and failure in various PAP projects around the world. We provide guidance on presenting, demonstrating, and testing best practice recommendations for project assessment (procurement and contract review), contractual drafting, procurement and contracts administration (conception and delivery).

Our training seminar will dispel some of the usual misconceptions and misunderstandings about public participation in projects (PPP), and we will address important practical issues such as community engagement, motivating or compelling contractual performance, and managing requests for change or renegotiation of contract terms.
The provision of infrastructure and public services can be facilitated by PPP through the investment and expertise of the private sector. It has the potential to shift government departments and contracting bodies from asset owners and operators to knowledgeable service purchasers from the private sector. Despite the fact that over 110 countries are competing for PPP funding and expertise, it is crucial to enhance public and private sector capacity and comprehension of PPT to achieve success.

Objectives

This  training course will enhance your ability to determine whether PPP is the best vehicle for your projects, and to ensure that you have in place the contract terms and contract management techniques to ensure long-term success.

At the end of this  training course, you will learn to:

• Analyze and evaluate project proposals to decide whether they are suitable for PPP
• Apply best practice in procurement, promoting transparency, fairness and "bankability"
• Understand where contractual disputes are most likely to arise, and how to deal with them
• Decide how best to respond to problems, and how to rescue a PPP
• Determine how to secure and maintain political and public confidence in PPP

Who Can Attend?

This  training programme is specifically designed for central government bodies and contracting authorities considering PPP to address infrastructure or public service requirements.

This training programme is suitable to a wide range of professionals but will greatly benefit:

• PPP Unit Officials and Advisors
• Transactional Advisors
• Procurement Specialists
• Contract Management Specialists
• Legal Advisors
• Project Management Professionals

Course Outline

Module 1: PPP in a Globally Competitive Market

• PPP and the "infrastructure gap"
• Global Competition for Funds and Expertise
• PPP vs. Privatization – dispelling the myths and misconceptions
• PPP Models and Structures
• What makes a "bankable" PPP?
• Using PPP for Social Benefit and Economic Empowerment
• Lessons from around the world - What can we learn from successful and failed PPPs?

Module 2: The Benefits of a Strong PPP Unit

• PPP is one approach, not the only approach
• Feasibility and Project Evaluation
• Assessing and Managing demand risks
• Community and Stakeholder Engagement - dispute avoidance, not dispute resolution
• Principles of Good PPP Procurement
• Dealing with unsolicited Project Proposals

Module 3: Drafting and Negotiating PPP Contracts

• The Anatomy of a PPP
• Parties, Roles and Structures
• Regulating Assignment and Change of Control
• Governing Law and Jurisdiction
• Insurance and Guarantees
• Specifications, Deliverables, Service Levels and KPIs
• Using Payment Mechanisms to Incentivize and Enforce Performance

Module 4: Managing Critical Events in PPP

• Termination for Cause
• Termination for Convenience or National Interest
• Compensation and Orderly Termination
• Rescuing a PPP: Exercising Step-in or Substitution Rights
• Force Majeure or Relief Events - keeping your PPP on track

Module 5: Contract Management to Ensure Long-term Success

• Understanding where Disputes are most likely to arise
• Monitoring Performance and ensuring actionable data
• Understanding Dates, Deadlines and Contractual Formalities
• Understanding and Avoiding the Risk of Wrongful Termination
• Managing Contractual change Mechanisms, Variation and Renegotiation