Structuring & Managing PPP Legal Agreements

ProgrammeOverview

© PPP Experts Limited 2017. All rights reserved.

Course Summary:

Since PPP contracts are long term contracts, it is important that their development is based on an adequate risk allocation between the public and private sector. Through the use of presentations, case contract reviews and simulation exercises, participants will deepen their understanding of the key elements of successful PPP contracts, how risks

negotiation skills

The course discusses how risks are dealt with in PPP agreements. It looks in detail at some of the standard clauses most likely to appear in PPP agreement regardless of a county’s legal tradition. In addition the programmes covers important related matters including; how to structure “win-win” agreements for PPP infrastructure projects between public agencies and private

within a regulatory framework, analyse and draft legal documents including implementation agreements, “take or pay” agreements, operating

reducing costs and delays in procurement and project development by using model contracts and

The programme also includes case studies and discussions on how to manage disputes that may arise in infrastructure contracts such as expedited dispute resolution and expert panels to resolve disputes

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Why AttendAnthony Smith - InstructorFormer Head of UNECE PPP Taskforce

of practice. He is a specialist in infrastructure, construction and PPP projects and has advised on many major PPP projects in transport, health, education, defence, accommodation, energy and waste to energy in Europe, the Middle East, the Far East and Africa

He is a member of the UNECE PPP Team of Specialists, formerly Head of the UN’s PPP Readiness Task Force (set up to give practical aid and advice to countries in their PPP implementation programmes), is an associate expert in PPP Capacity Building with UNDP . He has assisted the United Nations Economic and Social Commission in drafting its Transport PPP Guidance documentation and Co-authored the UNECE Guide to Promoting Good Governance in Public Private Partnerships

He has recently carried out a feasibility study for PPP implementation in Mongolia and Uzbekistan on behalf of the Governments and worked with USAID, the Mongolian State Property Committee and its PPP Unit to develop PPP Capacity and the Mongolian Governments PPP documentation as part of USAID’s Economic Policy Reform and Competitiveness Project. He worked on a WorldBank Project or training of Government

Anthony has lectured extensively on PPP related topics and has worked with UNDP , United National

U.N.E.C.E, the Moscow School of Economics, The world Bank, USAID and Asian Development Bank in

developing PPP Capacity Building and drafting standard guidance and contract documentation

Who should attend this training course

The course will be relevant to a wide range of PPP

backgrounds including:

- Local and Government Departments- Legal Professionals- Commercial Managers- Educational Institutions & Universities- Project Managers- Construction Managers- Banking and Finance Professionals- Educational Institutions & Universities

© PPP Experts Limited 2017. All rights reserved.

DAY ONE

Day 1 Public-Private Partnerships (PPP) Contracts in Infrastructure:

Discussion 1 – About the circumstances

- Applications of investment acts and laws to PPP concession law requirements - Review of various types of PPP contracts: service/ management contracts, leases, BOT concessions, and divestiture - Selecting and applying the most appropriate PPP technique - Balancing between contract terms and regulatory requirements - Understanding the security package of interlocking agreements:

Checklist

- design/build, political, social - Developing a risk matrix to evaluate, allocate, and mitigate risks for all relevant stakeholders - Understanding possible government guarantee requirements - Determining the elements of the legal due diligence and linkages to risk management

Day 2

Developing the Key PPP Contract Clauses

- Parties to a contract(s) and roles/responsibilities/risk allocation - Technical terms and performance requirements - Financial terms and performance requirements - Dispute resolution and arbitration clauses - Review of sample PPP contracts for strengths and weaknesses

Procurement Procedures, Award, and Negotiation

- Understanding the PPP procurement cycle - - Managing a PPP procurement and award announcement in an accountable and transparent way Key negotiation planning strategies

Institutional Requirements to Structure Bankable PPP Projects

- Capacity requirements necessary to conduct feasibility studies, risk

- Using a PPP Unit to structure, promote, and monitor viable PPP projects; institutionalize the procurement process; and serve as a communication tool

Why AttendIn this course participants will learn “best practices” in creating, negotiating, and implementing sound “win-win” PPP contracts. Through the use of presentations, case contract reviews and simulation exercises, participants will deepen their understanding of the key elements of successful

and how to develop negotiation skills

DAY TWO

www.pppexperts.co+44 (0) 203 137 043

In-House Training SolutionsIf you have a number of delegates with similar training needs, then you may wish to consider having an In-House training solution delivered locally on-site.

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TABLET TECHNOLOGY All our training are conducted on personalised tablets. Each delegate will receive his/her own tablet to keep, fully loaded with all the course materials and case studies!