Negotiating and Managing Public Private Partnership (PPP) Contracts

Performance Monitoring, Contract Compliance and Dispute Resolution

Schedules
5 Found
Date Duration Venue Fees
20-24 May 2024 5 Days Dubai - UAE US$4,450 Register
19-23 Aug 2024 5 Days London - UK US$5,450 Register
18-22 Nov 2024 5 Days Dubai - UAE US$4,450 Register

Course Overview

In this Negotiating and Managing PPP Contracts training Course, we examine PPP from first principles to real-world examples, learning from the success and failure of PPP projects around the world. We introduce, demonstrate and test best practice recommendations for project evaluation, contractual drafting, procurement and contract management. In this classroom training course, we dispel some common myths and misconceptions concerning PPP, and we address crucial practical issues such as community and stakeholder engagement, incentivizing or compelling contractual performance and dealing with requests for variation or renegotiation of contract terms.

PPP can mobilize private sector investment and expertise to provide much-needed infrastructure and public services. It can transform government departments and contracting authorities from being owners and operators of assets into knowledgeable purchasers of services from the private sector. However, with more than 110 countries competing for PPP funding and expertise, success depends on the development of public and private sector capacity and understanding of PPP.

Course Objectives

This training course aims to enable participants to achieve the following objectives:

  • 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

Target Audience

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

This 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

Training Methodology

This 5 – day training course blends presentations with practical case studies and interactive exercises to ensure that participants have ample opportunity to discuss, challenge and understand the key principles of PPP.

Course Outline

Day One

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?
Day Two

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
Day Three

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
Day Four

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
Day Five

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

Certificates

Upon successful completion of this training course, Newage Certificate will be awarded to the delegates.

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