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PPP Contract Negotiation, Strategy and Legal Agreements
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PPP Contract Negotiation, Strategy & Legal Agreements is designed to provide you with a practical understanding of how to design, develop, implement and monitor successful PPP contracts and legal agreements.
This interactive 2.5 day programme will clarify the key parameters that make for robust PPP agreements, starting from key principles in their design and implementation all the way to the practical aspects of the contractual and legal implications of PPPs.
After reviewing the basic factors for considering Private Participation in developing infrastructure, you will learn how to best plan the process of introducing private expertise and finance. Recognising that many PPPs are used to provide public services, the course will delve into the importance of involving different stakeholders in the design of the arrangement, the appropriate allocation of risks and responsibilities between the parties, and how that is represented within a contractual arrangement. We will also look at the fiscal impact of PPPs and the need for governments to sufficiently manage direct and contingent liabilities related to such agreements.
By the end of the course, you will have learned specific and practical techniques to successfully draft and implement a PPP agreement based on international best practice.
Course objectives
• Provide an introduction to and context for developing infrastructure financing solutions by using PPPs
• Describe the process of developing a project from the concept stage to implementation and contract supervision
• Present a set of tools and techniques that can be used as a basis for sound and rigorous evaluation, decision making, monitoring and control of PPPs
• Understand the main principles and techniques for robust PPP contract design
• Provide a basic primer of commercial terms and their implications in different legal environments where PPPs take place
• Link risk assessment to contract clauses by understanding the critical business aspects that are to be enshrined in a contract
• Given the fact that PPPs have the added challenge of being a long term arrangements, afford practical insights and techniques to effectively introduce clauses that allow modifications and changes to the original terms of the contract without jeopardizing the overall business relationship
Methodology
This course combines theoretical presentations with relevant case studies and interactive group discussions. It strikes a careful balance between qualitative and qualitative metrics, using case studies to illustrate core concepts or address counter-positions (i.e. the public and private perspectives when undertaking a PPP project). Role-playing will also be used to showcase policy issues and their applicability with financial and bankability issues common in PPP design, development and monitoring.
Who should attend?
• 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
Note - A good level of spoken and written English is required to attend this course. Delegates should be of an intermediate standard in English at a minimum. Please refer to the Common European Framework of Reference for Languages - as a guide the level required is B2. -
Day 1
Overview & Introduction to PPP (definition, reason for using, championing)
• Definitions of PPPs
• History of PPP’s
• Reasons for choosing PPP
• Criticism of PPP Models
• Types of PPP Models
• Alternatives to PPP• Role of Advisers in PPP and Different Legal Systems
Structure of PPP deals
• PPP Models – Key Differences & Impact
• Key problems being faced by the sector and ways private participation can address the problems?
• Key areas of responsibility
• Appointing government advisers, writing and communicating Government Investment plans, and state planning decisions
• Introduction to Risk
Procurement – Tendering, Evaluating and Awarding PPP Contracts
• Overview of the law and regulation applying to procuring PPPs – what is “public procurement law” and why do states have it?
• Overview of treatment of “unsolicited bids”
• Characteristics of a typical PPP procurement process – do and don’t for public bodies and bidders
• Drill down on typical ways in which proposals are evaluated and scores.
• Exercise / Q&A
Day 2
PPP Risk identification, mitigation and allocation
• Overview of key risks
• Value for Money and Risk
• Risk appraisal, identification
• ‘Bankability’ and the need for contractual security
• Risk under PPP Contract, introduction to key contractual clauses (see below for “deep dive”)
• “Proper” allocation
• Use of the Risk Matrix
• Exercise / Q&A
Negotiation of PPP Document
• Introduction to PPP terms and conditions
• Designing a PPP Contract
• Acting for public bodies or private sector – different perspectives?
• Technique of negotiation: clear understanding of documents; know your position
• Fair resumption of risk allocation?
• Negotiation positions
• Exercise / Q&A
PPP – Post Negotiation - Financial Close and beyond
• Process to Financial Close
• Fiscal Issues of PPP for public sector to consider
• Contract management, monitoring & evaluation
• Start of the Beginning – contract management
• Monitoring team - private sector or public sector
• Exercise / Q&A
Day 3 (Half day)
PPP Laws, PPP Contracts & Dispute Resolution – “Deep Dive”
• The importance of performance requirements
• Demand risk and the payment mechanism
• Service commencement and delays
• Early works agreements and interim services
• Control, monitoring and replacement of sub-contractors
• The role of insurance
• How to deal with variations
• Refinancing
• Confidentiality, commercially sensitive information and freedom of information
• Handover and surveys on expiry
• Different types of adjustment mechanisms
• The role of Compensation Events, Relief Events and Force Majeure
• How to deal with regulatory risk and change in law
• The importance and structure of a good dispute resolution process
• Different types of default
• What happens before, at and immediately after termination
• Calculation of compensation on termination payments• Exercise / Q&A
Financing / Financing Documents in PPP – Introduction
• Financing vs. Funding
• Key differences between Project Finance and General Finance
• Project Documents vs. Finance Documents
• Bankability Considerations
• PPP Structures – jargon busting
• Forms of Financing Documents
• Senior Financing Documents – introduction on scope/content
• Reps/warranties
• Covenants
• Events of Default
• Conditions Precedent
• Security Documents
• Equity Documents
• Direct Agreements -
Our Tailored Learning Offering
Do you have five or more people interested in attending this course? Do you want to tailor it to meet your company’s exact requirements? If you’d like to do either of these, we can bring this course to your company’s office. You could even save up to 50% on the cost of sending delegates to a public course and dramatically increase your ROI.
If you want to run this course at a location convenient to you or if you want a completely customised learning solution, we can help.
We produce learning solutions that are completely unique to your business. We’ll guide you through the whole process, from the initial consultancy to evaluating the success of the full learning experience. Our learning specialists ensure you get the maximum return on your training investment.
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We have a combined experience of over 60 years providing learning solutions to the world’s major organisations and are privileged to have contributed to their success. We view our clients as partners and focus on understanding the needs of each organisation we work with to tailor learning solutions to specific requirements.
We are proud of our record of customer satisfaction. Here is why you should choose us to help you achieve your goals and accelerate your career:
- Quality – our clients consistently rate our performance ‘excellent’ or ‘outstanding’. Our average overall score awarded to us by our clients is nine out of ten.
- Track record – 10/10 of the world’s largest banks have chosen us as there training provider and we have delivered training across the largest banks and have trained over 25,000 professionals.
- Knowledge – our 100+ strong team of industry specialist trainers are world leading financial leaders and commentators, ensuring our knowledge base is second to none.
- Reliability – if we promise it, we deliver it. We have delivered over 25,000 events both in person and online, using simultaneous translation to delegates from over 99 countries.
- Recognition – we are accredited by the British Accreditation Council and the CPD Certification Service. In an independent review by Feefo we scored 4.2/5 on service and 4.7/5 on Coursecheck
Instructor
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Mark Richards
Biography
Mark is a partner and head of the projects & infrastructure finance team at BLP. He has extensive experience in providing multi-disciplinary advice to both public and private sector clients, and he works on a wide range of high value, high profile, innovative and complex infrastructure projects, including the first PF2 transaction to close in the UK. Mark is qualified as a Solicitor in England & Wales and is also a New York State Attorney.
