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COURSE DESCRIPTIONS

Challenging Minds — Creating Solutions

Text Box:      Institute for economic growth & legal reform

 


 

Drafting & Negotiating PPP Agreements: Skills to Initiate & Sustain PPP Projects

 

Required Time

Session Title

Learning Outcome

Goal of this Session

 

Three hours

 

PPP Definition, Rationale & Structuring Options

 

Defining PPP as vehicle for transactions that promote economic sector growth; distinguish from other infrastructure contractual arrangements.

 

Be able to outline the rationales and goals for pursuing PPPs.

 

Be able to describe the distinctions between different forms of PPP contracts.

 

Describe the general global record and results of PPP lessons learned in the last two decades.

 

 

Coached professionals will be able to identify PPPs as distinct vehicles from other project forms available to both government and private sector actors for bringing together technical, financial and managerial resources that otherwise would cost each party much high prices. They will be able to describe sectors relevant for implementing a PPP infrastructure project.

 

 

 

 

 

Three hours

 

Drafting Agreements

 

The coached professionals will exercise drafting contractual documents skills using two drafting models.

 

The models assist in using simple language drafting model in legal and legislative drafting and use the skills help in drafting agreements.

 

They will also exercise the reviewing and revising documents skills in refining their drafting skills.

 

These will be practices in PPP partners, project vehicle and financier, construction or operations agreements

 

 

The goal of this section is to empower the coached professionals with the skills that control the language of agreements and control the interpretation of agreements as drafters of the documents. This will give opportunities of leading the PPP structure through controlling the draft language and the interpretation thereof

 

 

 

 

 

Two hours

 

PPP Negotiations

 

PPP several agreements are concluded through series of negotiations.

 

The coached persons will exercise a win-win negotiation model to ensure successful and sustainable result in a PPP negotiation of agreements.

 

They will practice extremes in maximalist or weak positioning, and apply the skills to reach agreement in the various PPP contractual frameworks

 

The goal of these skills exercise is to ensure that the multiple parties that are involved in the PPP framework have the ability to reach consensus at the beginning or during implementation of the PPP project creating balanced benefits and obligations in successfully initiating and sustaining at the PPP project.

 

 

 

 

 

 

Four hours

 

PPP Contractual Frameworks

 

The coached professionals will review types of contracts that are fundamental to operationalize PPP project Including promoter’s agreement and contracts between PPP special purpose company and finance, construction, operation parties.

 

They will practice drafting key sections of the agreements and practice negotiating to reach a win-win result to initiate and sustain a PPP project successfully.

 

The coached professionals will be able to outline types of responsibilities that each PPP contract carries and enable them to craft the agreements though specialized drafting skills.

 

The drafts will be clear that in negotiations parties will have better negotiating strategies to reach a sustainable agreement.

 

This will help the government as a PPP partner as the private sector to initiate a PPP project on a clear footing and avoid pitfall that normally derails a potential or operating PPP projects

 

 

 

 

 

 

Four Hours

 

Negotiating Key PPP Agreement provisions in specialized sectors

 

Coached professionals will review  provisions such as risk allocation; balanced price setting; performance targets; step-in Rights; force majeure, duration & termination; dispute settlement in the energy sector, health sector, transport and water sector

 

The goal of this session is to provide key tools for the coached professionals analyze parameters of PPP  project in drafting the agreements and outline key elements in negotiation taking into account policy, social needs; affordable and quality services; remedies in case of risks or disputes selecting the right partner(s) for specific PPP projects.

 

 

 

 

 

Four Hours

 

Negotiating with competitive PPP Partners in the selection process

 

The coached professionals will review types of selecting partners, including bidding, direct negotiation; Pre-qual; Technical, Financial proposals VFM evaluation, award.

 

The finalists in the selection process normally are subject to a negotiation for determining the value for money element in selecting a long term partners in a PPP project.

 

The goal of this section is that the coached professional will have negotiation tools to select best partners who will likely bring value to PPP long term relationship and ensure success and sustainability.

 

Many well designed PPP projects regularly face problems because the key method of negotiating a win-win solution become absent and monitoring methodologies are not designed, negotiated and agreed upon at signing the PPP contracts.

 

This session ensures that the coached professionals will be able to draft, review and negotiate and agree on each PPP provision and also determine how to monitor the implementation as per negotiated agreement

 

 

 

 

 

 

Four Hours

 

Closing

 

Action Plan

 

The goal of this session is to provide the coached professionals  with tools to set methodologies of application of the PPP techniques acquired into practice