An Intensive 5-day Training Course
Negotiating and Managing PPP Contracts
Performance Monitoring, Contract Compliance & Dispute Resolution
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We don’t have a scheduled session for this course at the moment. For more information and to enquire about future sessions, please feel free to reach out to our Training Department ([email protected])
Why Choose this Training Course?
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.
In this Contracts Management 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. 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.
The principal highlights of the training course are:
- Best practice for project evaluation and procurement
- What makes a "bankable" PPP?
- How to use payment mechanisms to incentivize or enforce contractual performance
- The lessons we can learn from PPP successes and failures
- The essential role of good contract management – from beginning to end
What are the Goals?
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 is this Training Course for?
This PetroKnowledge course is specifically designed for central government bodies and contracting authorities considering PPP to address infrastructure or public service requirements.
This training course 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
How will this Training Course be Presented?
In this PetroKnowledge course, our expert presenter draws on practical experience and extensive discussion with policy makers, Ministers, Law Officers, PPP Units, private sector contractors and funders in Africa and around the world. The 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.
Daily Agenda
Day One: PPP in a Globally Competitive Market
- PPP and the "infrastructure gap"
- Global competition for funds and expertise
- PPP v 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
Certificate
- On successful completion of this Training Course / Online Training Course, a PetroKnowledge Certificate / E-Certificate will be awarded to the delegates.
