Negotiating and Managing PPP Contracts

Performance Monitoring, Contract Compliance & Dispute Resolution

Format availability:

In-Person, Online streaming

Duration:

5 Days

Introduction to the course

In this KC ACADEMY Negotiating and Managing PPP Contracts training 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 recommendations for project evaluation, contractual drafting, procurement and contract management. In this KC ACADEMY training seminar, 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.

PPP can mobilize private sector investment and expertise to provide much-needed infrastructure and public services. It can transform government departments and contracting authorities from being owners and operators of assets into knowledgeable 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.

This KC ACADEMY training seminar 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 details

This KC ACADEMY 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 KC ACADEMY 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 KC ACADEMY Contracts Management 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 KC ACADEMY 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 KC ACADEMY training programme is specifically designed for central government bodies and contracting authorities considering PPP to address infrastructure or public service requirements. 

This training programme 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

Daily Agenda

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

Frequently Asked Questions

There are no prerequisites. Our courses are open to students of all backgrounds who are 18 years of age and older. All courses are conducted in English. Video lectures include English subtitles and the option to slow-down, pause, or replay lectures for better retention. Discussion boards are a critical component of each of our courses; therefore, we suggest students have a conversational knowledge of English when pursuing a Certificate of Completion. For any of the art writing courses, students need to be 100% proficient in written English.

You should have an up-to-date web browser such as: Chrome, Safari, Firefox, or Internet Explorer. For more detailed information, please see the guides for supported browsers and basic computer specifications. Our Online Courses can be accessed on a mobile or tablet device, although we strongly encourage you to have access to a desktop or laptop computer and reliable internet connection for certain course components. Former students have told us it is easiest to read discussion threads and complete written assignments on a laptop or desktop computer.

Registration is available on our website. Just follow these simple steps: Click the “Apply Now” button in the top right corner of your screen. Select “Online Courses.” Choose your course(s). You will be asked for basic contact information and your credit card payment. We require full payment at the time of registration and all tuition is billed in US dollars. Be sure to check with your bank or credit card company, as your financial institution may charge a foreign transaction fee.

Our classes are kept small, at no more than 30 students, to better facilitate and encourage personalized interaction with the instructor and fellow participants. Your classmates come from all over the globe and contribute their global perspectives and experience. Some are currently working within the arts while others are just beginning. All classmates share in their passion for the art world.

It is recommended that you begin your course promptly. If you do need to start the course a few days late, contact your instructor as soon as possible after the course has opened to discuss your options. Registration closes on the Friday after the course begins.

Enroll now

Click on a date to enroll and save your seat
Online streaming
20-24 Feb 2023
Fee: $3,950
Dubai
20-24 Feb 2023
Fee: $5,950
Dubai
29 May-02 Jun 2023
Fee: $5,950
Online streaming
12-16 Jun 2023
Fee: $3,950
London
07-11 Aug 2023
Fee: $5,950
Dubai
27 Nov-01 Dec 2023
Fee: $5,950
Course customization available
Course customization available

This training course is available to be conducted at your own page, at your own time. Request for a quotation now, our training advisor will contact you promptly

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