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Managing PPP Contracts & Negotiating

Dispute Resolution , Contract Compliance & Performance Monitoring

Managing PPP Contracts & Negotiating

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CL178
02.Dec.2024 to 06.Dec.2024
Madrid - Petit Palace Alcala Torre
Cost 4445 £ GBP

Introduction

This PPP Contract and Negotiation Management Training Course delves into PPP from its fundamentals to real-world examples, learning from the successes and failures of PPP projects around the world. Best practice recommendations for project evaluation, contracting, procurement, and contract management will be presented, demonstrated, and tested.

This training course dispels some common myths and misconceptions about public-private partnerships (PPPs) and addresses important practical issues such as:

PPPs can mobilize private sector investment and expertise to provide desired infrastructure and public services. Governments and contracting authorities can be transformed from asset owners and operators to knowledgeable private service buyers. However, with more than 110 countries competing for PPP funding and expertise, success is dependent on public-private sector capacity building and understanding of PPP.

This training course will highlight:

  • 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

Course Objectives of Managing PPP Contracts & Negotiating

This training course will improve your ability to determine if PPP is the best technique for your project and ensure that you have the terms and conditions 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 practices 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 Methodology of Managing PPP Contracts & Negotiating

In this contract management training course, professional trainers utilize the hands-on experience and extensive discussions with policymakers, ministers, judicial authorities, PPP entities, private sector contractors, and funders in Africa and all around the world. This training course combines presentations with hands-on case studies and interactive activities to ensure that participants have plenty of opportunities to discuss, challenge, and understand the principles of PPP.

Organizational Impact of Managing PPP Contracts & Negotiating

By examining the experiences of others, you can learn success and avoid failure. This training course uses best practices and practical examples of well-documented cases to maximize your team's chances of success. Through hands-on examples, open discussions, and interactive exercises, teams gain the skills and confidence to deliver a successful PPP.

Personal Impact of Managing PPP Contracts & Negotiating

Your team members will learn and have the opportunity to practice techniques for:

  • Evaluating project proposals, whether invited or unsolicited

  • Managing or mitigating demand risk

  • Drafting, negotiating and managing performance of high-quality PPP contracts

  • Accurately and confidently deciding how best to respond to delays, problems or unforeseen events

  • Communicating the social value and economic benefits of PPP

Who Should Attend

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

This training program is suitable for 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

DAY 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?

DAY 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

DAY 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

DAY 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

DAY 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

Associations

CL178
02.Dec.2024 to 06.Dec.2024
Madrid - Petit Palace Alcala Torre
Cost 4445 £ GBP