CPPP

شراكة القطاعين العام والخاص

Contract Negotiation, Strategy & Legal Agreements

Describes the main features of a robust project identification process and explains how to assess the suitability of a project for PPP delivery. This also includes an introduction to the cost-benefit analysis to confirm the Value for Money (VfM) of projects.
1. Identifying Needs: Entry Routes to the Pipeline (Up to Full Feasibility)
2. Project Prioritization
3. Option Analysis and Selection Techniques
4. Technical Outline of the Selected Solution
5. Information Requirements/Data Checklist
6. Economic Soundness. Introduction to Cost-Benefit Analysis
7. Scoping the PPP Project and its Challenges
8. Testing PPP Suitability and Affordability

Describes the need for and approaches to PPP project appraisal and preparation, including an introduction to commercial feasibility analysis and other related analyses that should be undertaken before a government decides to invest in and procure the PPP project.
1. Overview of the Appraisal Phase/Process
2. Detailing the Scope of the Contract, Designing the Technical Requirements and Assessing Costs
3. Designing a Preliminary Structure of the PPP
4. Developing the Financial Model
5. Assessing the Technical Feasibility
6. Assessing Commercial Feasibility
7. Confirming Economic Feasibility: Refining the Cost-Benefit Analysis
8. Assessing Fiscal Feasibility (Affordability)

1. Assessing Environmental Feasibility
2. Assessing Social Feasibility
3. Assessing Legal Feasibility
4. Value for Money Assessment
5. The Procurement Strategy
6. Appraisal Report
7. Obtaining the Final Approvals
8. Getting Ready for the Next Phase:

Describes how to design a PPP tender strategy and structure a PPP contract. It explains financial risk structuring, revenue, and payment mechanisms, and outlines the most common and advisable approaches to risk allocation and the key requirements of the Request for Qualifications and Request for Proposals. This also describes how to incorporate the contract structure and tender strategy into the tender package.
1. Summary Description of Main Tasks to be Carried Out in the Structuring Phase
2. Financial Structuring (from the Public Perspective): Defining the Financial Structure and Payment Mechanism
3. Risk Allocation and Structuring
4. Structuring and Drafting the Request for Proposals. Defining Proposal Requirements and Evaluation Criteria
5. Describing the Main Risks during the Construction Phase, and Their Potential Allocation
6. Describing Main Risks during the Operations Phase and Potential Allocation
7. Financial-Related Risks and Potential Allocation
8. Describing other Risks that Affect or may Occur in Both Phases of the Contract, and its Potential Allocation.

Describes the main challenges and requirements for managing the tender process up to executing the contract.
1. Special Characteristics of the PPP Tender Process
2. Time to Prepare and Submit Offers: Requirements for Proper Assessment and Preparation by the Prospective Bidders
3. Qualification Matters
4. Specific Matters on Managing Dialogue and Interactive Processes: Managing the Dialogue Period and One-on-One Meetings
5. Evaluation of Proposals
6. Negotiation with a “Preferred” Bidder & Award
7. The Financial Close
8. Oversight / Integrity of the Tender Process

Explains the need for and importance of a proactive contract management strategy, the main features of a contract management function, and the main challenges of contract management during the construction phase of a PPP project.
1. Contract Management Framework
2. Construction Phase – Delivering and Commissioning
3. Monitoring Tasks during the Construction Phase
4. Change Management in the Construction Phase
5. Claims Management in the Construction Phase
6. Dealing with the Private Sector’s Underperformance and Non-Compliance during the Construction Phase
7. Issue Management and Dispute Resolution during the Construction Phase
8. Knowledge Management and Succession Planning

Describes the main challenges and particularities of contract management during the operations phase of the contract, up to and including the hand-back of the asset upon the contract’s expiration.
1. Contract Management and Monitoring during the Operations Phase
2. Contract Management and Administrative Process
3. Managing Private Partner Underperformance and Non-Compliance
4. Managing Finances
5. Regulatory Requirements
6. Variation Management
7. Relationship Management, Issue Management, and Dispute Resolution
8. Managing Expiry, Default, and Early Termination Processes

1. PPP readiness assessment
2. General background environment
3. Policy framework environment
4. Legal & regulatory framework
5. Institutional capacity
6. Project selection
Course Review
Course Wrap Up.
Post Exam