Negotiating and
Managing PPP Contracts

This Negotiating and Managing PPP Contracts training course will enhance your ability to determine whether PPP is the best vehicle for your projects, and to ensure that you have in place the contract terms and contract management techniques to ensure long-term success.  

At the end of this Energy Training Centre training course, you will learn 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

In this training course, our expert presenter draws on practical experience and extensive discussion with policy makers, Ministers, Law Officers, PPP Units, private sector contractors and funders in Africa and around the world. This  training course blends presentations with practical case studies and interactive exercises to ensure that participants have ample opportunity to discuss, challenge and understand the key principles of PPP.

Success can be learned, and failures avoided, by examining others' experience. Throughout this training course, we draw on practical examples of best practice and well-documented failures to maximize your team's chances of success. Through practical examples, open discussion and interactive exercises, your team can gain the skills and confidence to deliver successful PPP.

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

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

This Negotiating and Managing PPP Contracts training course 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

DAY ONE: 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 TWO: 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 THREE: 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 FOUR: 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 FIVE: 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