PPPPublic Private PartnershipContract Negotiation, Strategy & Legal Agreements
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English
Intermediate
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Course Overview
PPP can mobilize private sector investment and expertise to provide much-needed infrastructure and public service. It can transform government departments and contracting authorities from being owners and operators of assets into knowledgable 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 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 reommendations 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.
In this 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 reommendations 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.
Key Takeaways
1
The Essential Role of Good Contract Management - from beginning to end.
2
Analyze and evaluate project proposals to decide whether they are suitable for PPP.
3
Apply best practice in procurement, promoting transparency and fairness.
4
Practice whete contractual disputes are most likely to arise and how to deal with them.
5
Decide how best to respond to problems and how to rescue a PPP through discussions on the dynamics of PPPs.
National Association of State Boards of Accountancy
LEORON Professional Development Institute DMCC is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org
Course Outline
SESSION 1
SESSION 1: PPP Introduction and Overview
Describes the particular features of a PPP contract, the variations in terminology and contract structure, the potential benefits of PPPs as a procurement option, the particular challenges and potential pitfalls, the need to develop a PPP framework, the need to carefully manage the PPP process, and the main elements of the PPP process.
1. Introducing and Scoping the PPP Concept
2. Private Participation in Public Infrastructure and Services: What is and is not a PPP.
3. Types of PPP and Terminology Issues
4. Where PPPs are Used – Infrastructure Sectors
5. When to Use PPPs: Motivations and Caveats
6. Causes of Project Failure: The Need for Sound Process Management and Preparation of Projects
7. Introduction to the PPP Framework Concept and Initial Framework Considerations. Private Sector Concerns About Frameworks and Markets.
8. An Overview of the PPP Process Cycle: How to Prepare, Structure and Manage a PPP Contract
1. Introducing and Scoping the PPP Concept
2. Private Participation in Public Infrastructure and Services: What is and is not a PPP.
3. Types of PPP and Terminology Issues
4. Where PPPs are Used – Infrastructure Sectors
5. When to Use PPPs: Motivations and Caveats
6. Causes of Project Failure: The Need for Sound Process Management and Preparation of Projects
7. Introduction to the PPP Framework Concept and Initial Framework Considerations. Private Sector Concerns About Frameworks and Markets.
8. An Overview of the PPP Process Cycle: How to Prepare, Structure and Manage a PPP Contract
SESSION 2
SESSION 2: Establishing a PPP Framework
Describes the elements of a PPP framework and the challenges that arise, including guidance on PPPs’ strategic management and governance.
1. Why have a PPP Framework?
2. What is in a PPP Framework?
3. Objectives of the PPP Framework
4. Scope of the PPP Framework
5. Choice of Legal and Administrative Instruments to Create PPP Framework
6. Defining the PPP Process
7. Public Financial Management of PPPs
8. Oversight of PPP Programs and Projects
1. Why have a PPP Framework?
2. What is in a PPP Framework?
3. Objectives of the PPP Framework
4. Scope of the PPP Framework
5. Choice of Legal and Administrative Instruments to Create PPP Framework
6. Defining the PPP Process
7. Public Financial Management of PPPs
8. Oversight of PPP Programs and Projects
SESSION 3
SESSION 3: Project Identification and PPP Screening
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
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
SESSION 4
SESSION 4: Appraising PPP Projects
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. 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)
SESSION 5
SESSION 5: Appraising PPP Projects continued
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:
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:
SESSION 6
SESSION 6: Structuring and Drafting the Tender and Contract
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.
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.
SESSION 7
SESSION 7: Tendering and Awarding the Contract
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
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
SESSION 8
SESSION 8: Strategy, Delivery and Commissioning
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
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
SESSION 9
SESSION 9: Operations and Hand-Back
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. 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
SESSION 10
SESSION 10: Assessments, Review & Wrap Up.
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
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
Who Should Attend?
This highly practical and interactive course has been specifically designed for
This training course is suitable to a wide range of professionals involved in the development, appraisal, implementation and management of PPPs and will particularly benefit:
- PPP Unit Officials and Advisors
- Transactional Advisors- Procurement Specialists
- Contract Management Specialists
- Project Management Professionals
- Government officials, ministries and public-sector agencies
- Investment planning commissions
- Project developers, sponsors and consultants
- Senior Investment and credit analysts
- Commercial, Business Development, Bid and Acquisitions Managers
- Lawyers and legal counsel
- Project financiers
- Credit, Risk and Investment officers
- Chief Financial Officers and Controllers
- Infrastructure and structured finance specialists
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FAQ
What language will the course be taught in and what level of English do I need to take part in an LEORON training program?
Most of our public courses are delivered in English language. You need to be proficient in English to be able to fully participate in the workshop and network with other delegates. For in-house courses we have the capability to train in Arabic, Dutch, German and Portuguese.
Are LEORON Public courses certified by an official body/organization?
LEORON Institute partners with 20+ international bodies and associations.We also award continuing professional development credits (CPE/PDUs) for:1. NASBA (National Association of State Boards of Accountancy) 2. Project Management Institute PDUs 3. CISI credits 4. GARP credits 5. HRCI recertification credits 6. SHRM recertification credits
What is the deadline for registering to a public course?
The deadline to register for a public course is 14 days before the course starts. Kindly note that occasionally we do accept late registrations as well, but this needs to be confirmed with the project manager of the training program or with our registration desk that can be reached at +1071 4 1075 5711 or [email protected].
What does the course fee cover?
The course fee covers a premium training experience in a 5-star hotel, learning materials, lunches & refreshments, and for some courses, the certification fee and membership with the accrediting bodies.
Does LEORON give discounts?
Yes, we can provide discounts for group bookings. If you would like to discuss a discount on a corporate level, we will be happy to talk to you.