Negotiating and Managing PPP Contracts
Select Other "city & date"
Negotiating and Managing PPP Contracts Course
Introduction:
Welcome to the comprehensive training course on Public-Private Partnership (PPP) Negotiating and Managing. This course is designed to provide participants with a deep understanding of PPP, starting from its foundational principles to real-world examples, drawing lessons from both successful and unsuccessful PPP projects worldwide.
Throughout the course, we will explore the best practices and recommendations for project evaluation, contractual drafting, procurement, and contract management in the context of PPP. By examining case studies and real-life examples, participants will gain valuable insights into the intricacies and complexities of PPP projects.
One of the primary objectives of this training course is to dispel common myths and misconceptions surrounding PPP. We will address these misconceptions head-on, ensuring participants have a clear and accurate understanding of the nature and potential of PPP as a collaboration between the public and private sectors.
The course will also delve into crucial practical issues that arise during the lifecycle of a PPP project. These include community and stakeholder engagement, strategies for incentivizing or compelling contractual performance, and effectively managing requests for contract variations or renegotiations.
By the end of this training course, participants will be equipped with the knowledge and skills necessary to navigate the challenges and complexities of PPP projects. They will have a solid understanding of best practices in project evaluation, contract drafting, procurement, and contract management. Furthermore, participants will gain insights into effective stakeholder engagement strategies and be well-prepared to handle contractual performance issues and requests for contract modifications.
Join us in this Blackbird training course to enhance your understanding of PPP and acquire the practical tools and techniques needed to negotiate and manage successful PPP projects. Together, we will explore the key elements of PPP, learn from both the successes and failures of past projects, and build the necessary skills to excel in the dynamic field of public-private partnerships.
Course Objectives:
- 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 Outlines:
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