PPP Contract Negotiation & Strategy (PPP Contract Negotiation, Strategy & Legal Agreements Training Week)

2 days 6-7 Nov 2017, Singapore Singapore $3,350.00 Download brochure Add to basket

* Claim back your VAT
Find out more

Request a different date or location for this course (we regularly add courses following requests).

{{alternativeRequestSuccess}}
{{alternativeRequestError}}

* Claim back your VAT
Find out more

Overview

This course forms module 1 of the PPP Contract Negotiation, Strategy & Legal Agreements Training Week. Attend both modules to save 15% on the combined price.

As PPPs become a tool that is widely used as a vehicle for infrastructure finance, this involves complex relationships between a multitude of stakeholders. These interactions include public sector entities, sponsors and developers, project lenders and ultimately the customer. In some instances these are overseen by a public regulator whose role may also include managing, monitoring and enforcing the PPP agreement. These contracts also need to operate within a legal regime and such a regime will influence the manner in which PPP arrangements are dealt with, interpreted and ultimately enforced. Accordingly, well-designed arrangements for private participation need to balance seemingly different views depending on the stakeholder but with an overarching goal of mobilising expertise, efficiency and or additional private capital into infrastructure development.

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

 
Methodology

The design of the course combines theory with relevant case studies as well as interactive participatory discussions. The course strikes a balance between qualitative and qualitative metrics, using case studies to illustrate core concepts or to address sometimes counter positions - 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

Instructors

We work with a series of expert instructors, please select the course location of interest to review the credentials of who will be delivering the programme.

Singapore
Cledan Mandri Perrott

The instructor is a Lead Financial Officer at the Singapore Global Infrastructure Centre of Excellence and a member of the World Bank’s Global Expert Team for PublicPrivate Partnerships. He has over 18 years’ experience in developing and implementing project finance transactions. Prior to the World Bank, he advised Governments and Private clients on multimillion dollar infrastructure projects. He has strong regulatory background and designed and implemented regulatory policy frameworks. He has practical operational experience having managed a utility in Trinidad and Tobago. He has gained a reputation as a pragmatic problem solver helping resolve regulatory and PPP disputes. He has written extensively on issues of PPP and infrastructure and is a regular presenter and trainer on PPP related topics. A graduate in Civil Engineering, he also holds an MSc in Business and Finance, an LLM in commercial and transaction law, and a PhD in Project Finance from the University of Groningen.

Venue

Singapore

4-5 Star Hotel in Singapore

All of our courses are held in 4 – 5 star hotels, chosen for their location, facilities and level of service. You can be assured of a comfortable, convenient learning environment throughout the duration of the course.

Due to the variation in delegate numbers, we will send confirmation of the venue to you approximately 2 weeks before the start of the course. Course fees include training facilities, documentation, lunches and refreshments for the duration of the programme. Delegates are responsible for arranging their own accommodation, however, a list of convenient hotels (many at specially negotiated rates) is available upon registration.

Related Courses

Inhouse


 

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.

To find out more about running this course in-house:





Our Tailored Learning Offering

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.



We can offer any of our public courses delivered at your office or we can devise completely tailored solutions:


Read more about our offering or complete a call back request to speak to a learning specialist.

 

Agenda

Module 1: PPP Contract Negotiation & Strategy 
 
Day 1

Introduction

Opening remarks

This is to brief the participants on the overall objectives of the programme. An overview of the course will be provided and the ‘rules of engagement’ will be set out.

Planning the process of introducing private participation

Objective: This session will look at the issues governments should consider when looking at involving the private sector, including:

  • Documenting particular problems or challenges being faced by the sector and diagnosing the underlying cases of the problems
  • Determine whether private participation can address the problems

The session starts with a section analysing key issues related to provision of services including:

  • Key areas of responsibility and how can they be defined?
  • Key risks related to these responsibilities, and how can they be defined?
  • We look at ways of determining the best allocation of responsibilities and risks between the operator and the contracting authority
  • The implication of involving different stakeholders in the process of consultation and implementation of the PPP

Risk allocation and contract design

Objective: This session will cover the important task of establishing an efficient allocation of project risks between the public and private sector parties. This risk allocation subsequently forms the basis for many elements of main contractual documents that will provide the legal and commercial basis for a successful PPP. Aspects covered will include:

  • Overview of key risks in a PPP project
  • The principle of value for money in relation to risk allocation
  • The importance of ‘bankability’ and the need for contractual security
  • Key contractual clauses

Case study and worked example of risk assessment

Objective: This session will look at applying some of the basic concepts of risk allocation by describing a real case study (likely in roads, water or energy), and splitting the group into different roles of sponsor, lender and grantor. The project will be assessed against same risk factors, eg land acquisition, rights of way, political and expropriation risk etc. Each team will present its risk assessment against a pre-defined risk matrix. At the end of the session the following learning outcomes are expected:

  • Differentiation of risk given different perspectives
  • Estimating probability of risk
  • Value judgment of risk and implication of risk
  • Quantification vs ‘emotion’ of risk

Concluding remarks

Preparing and managing the bidding process

Objective: This session will cover the key tasks required in preparing a PPP project for tendering and then managing the subsequent bidding process. Topics will include:

  • The importance of market sounding
  • Engaging with advisors (legal, financial and technical)
  • Preparing key documents (e.g. the RFQ, RFP)
  • Bidding and negotiation procedures
  • The Preferred Bidder Stage
  • Financial and contract close and the swap process

Summary and learning issues

Objective: Every day will conclude with a wrap up of core principles of each one of the sessions, drawing out each of the learning outcome for each session. This wil be done in the form or a real case study eg. Tanzania Water Dar es Salaam failed lease contract (contract was terminated early due to ineffectual risk allocation between parties), or other appropriate case study.

Day 2

Principles for debt financing and the interest of the private sector

Objective: This session will cover important issues related to project financing to be addressed before and during the procurement of PPP projects.

  • How are PPP projects financed?
  • What are the main constraints of project financing?
  • How a project’s financing is structured over time?
  • What are the main difference between typical construction financing and PPP financing?
  • What are the main typical financial risks involved for investors in PPP projects and how are these typically managed?
  • How can investors and lenders expectation be usefully managed throughout a PPP procurement process?

Managing the preparation of the contractual documentation

Objective: This session will outline the process of preparing the suite of contractual documents that are required for a successful PPP project. The session will interact with participants by doing a quick survey of the different experiences amongst the students, by asking each to outline their experience to date in preparing contractual documents and any issues/problems they currently face. The course leader / teacher will then present an overview of the process and share best-practice. This will be followed by an interactive Q&A session.

Managing prequalfication and bidding process

Objective: This session will cover the procurement of PPP projects, focusing more specifically on the selection of proposals/bidders. The session will also solicit experiences from the audience. In addition the session will show different PQ and bidding specifications in different sectors.

Fiscal impact of PPPs, risk management framework, management of contingent liabilities

Objective: This session will look at the issues that arise in terms of obligations from government and the public sector in PPPs. Some of these obligations are direct (ie explicit) yet others are contingent. Despite being contingent, these should be adequately understood and provided for. The session will therefore look at:

  • Mechanisms to distinguish between direct and indirect liabilities
  • Liability treatment depending on national legislation and accounting treatment (Eg EU Eurostat approach etc)
  • Mechanisms to deal with contingent liability, valuation and probabilistic scenario testing
  • Some of these principles will be illustrated by recent examples (eg toll roads in Spain and Portugal) where some of these issues led to catastrophic failure of high profile road PPPs.

Wrap up and conclusions

  • Course review questionnaire to assess course
  • Distribution of reading material
  • Overall Q&A

Module 2: Structuring & Managing PPP Legal Agreements

Why us


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 – we have delivered training solutions for 95% of worlds’ top 100 banks and have trained over 250,000 professionals.
  • Knowledge – our 150 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 20,000 events both in person and online, using simultaneous translation to delegates from over 180 countries.
  • Recognition – we are accredited by the British Accreditation Council and the CPD Certification Service. In an independent review by Feefo we scored 96% on service and 95% on product