Negotiating And Managing PPP Contracts

In this Macskills Development Institute Negotiating and Managing PPP Contracts training seminar, 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 Macskills Development Institute training seminar, 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.

Duration         5 Days

Target Audience

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

Objectives

The training will enable participants 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.

Course Outline

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?

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

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

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.

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

Certification

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

Training Venue

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

Airport Pick Up and Accommodation

• Airport pick up and accommodation is arranged upon request.

Terms Of Payment

• Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent via email.