Negotiating and Managing PPP Contracts

Transcription

1 Negotiating and Managing PPP Contracts Performance Monitoring, Contract Compliance & Dispute Resolution November May 2017 Accra, Ghana Presented by: Mr. Malcolm John Dowden Glomacs Training Consultant ISO The PMI Registered Education Provider logo is a registered marks of the Project Management Institute, Inc.

2 Negotiating and Managing PPP Contracts Performance Monitoring, Contract Compliance & Dispute Resolution Introduction Training Methodology 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. In this course, 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. 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. This 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 Objectives This 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 seminar, 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 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. The 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. Organisational Impact Success can be learned, and failures avoided, by examining others experience. Throughout this 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. Personal Impact 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 Who Should Attend? This course is specifically designed for central government bodies and contracting authorities considering PPP to address infrastructure or public service requirements. This course 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 GLOMACS Training and Consultancy

3 Seminar Outline 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 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 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 Negotiating and Managing PPP Contracts

4 Consultant s Profile Malcolm John Dowden Subject Matter Expert in: PPP legislation and contracts Electronic communications, transport and utilities law and regulation International contract law Contractual drafting Legislative and regulatory drafting Commercial dispute resolution Academic and Educational Qualifications University of Oxford, BA (Hons) First Class Honours Nottingham Law School, Common Professional Examination Distinction Nottingham Law School, Law Society Final Examination University of Reading, Postgraduate Certificate in Education Professional Associations, Membership, Certification Solicitor, England and Wales Law Society of England and Wales Law Society International Division Training Courses/Seminars delivered in the past 12 months PPP Masterclass (UKTI and FCO Prosperity Fund) Kenya Zimbabwe Zambia Namibia South Africa Sierra Leone Liberia Contractual drafting masterclass (Thomson Reuters, India) Smart Cities and the Internet of Things (Asian Legal Business, Singapore) Contractual risk assessment and contract management (Kuala Lumpur) Telecoms Regulation and the Internet of Things (RICS Telecoms Conference, London) Data law and the GDPR (London, July 2016) GLOMACS Training and Consultancy

5 Seminar Outline Employment History Role Organization Period Legal Director Bond Dickinson LLP present Director of Law Programs Law Consultant Solicitor Charles Russell Speechlys LLP Senior Associate Charles Russell LLP Senior Associate Nabarro Nathanson Solicitor and Associate Partner Shoosmiths & Harrison Trainee Solicitor and Solicitor Linklaters & Paines Personal Summary Statement Malcolm Dowden is an internationally recognised legal consultant in the areas of legislative and regulatory drafting, contractual drafting, contract negotiation and risk management. As well as providing transactional advice as a practising lawyer, Malcolm is regularly engaged by governments, private sector organisations and academic institutions to present, lead or facilitate training workshops and seminars. Malcolm graduated with a First Class Honours degree from the University of Oxford and qualified as a solicitor in He has particular experience and expertise in the telecoms, transport and infrastructure sectors and has provided advice and training to governments and businesses in the UK, India, South-East Asia, Africa and the GCC region. Malcolm was recently appointed Legal Director at leading UK law firm Bond Dickinson LLP with a remit that includes developing and strengthening the firm s international network and connections. Malcolm is an internationally-accredited provider of legal and professional training. He has designed and delivered training on issues such as contract risk management, contractual and statutory drafting and regulatory policy in the UK, Africa, South-East Asia and India. In 2013 Malcolm was appointed lead training consultant to the Law Society of England and Wales International Division, and more recently he has delivered training on Public Private Partnership laws and contracts on behalf of UKTI and the Foreign and Commonwealth Office Prosperity Fund in Liberia, Sierra Leone, Nigeria, Namibia, Zimbabwe, Zambia, Kenya, Tanzania Uganda and South Africa. He is a regular contributor to legal and professional journals, with recent articles focusing on smart cities and on the commercial impact of the internet of things, blockchain technology, dynamic procurement and smart contracts. His forthcoming book is entitled: Business, Law and the Internet of Things (Inspire, 2016). Negotiating and Managing PPP Contracts

6 Negotiating and Managing PPP Contracts Performance Monitoring, Contract Compliance & Dispute Resolution November May 2017 Accra, Ghana Course Fees - USD 4,500/ ( per delegate ) REGISTRATION DETAILS DELEGATE NAME: DESIGNATION: COMPANY: ADDRESS: CITY: COUNTRY: TELEPHONE: MOBILE: FAX: AUTHORISATION DETAILS AUTHORISED BY: DESIGNATION: COMPANY: ADDRESS: CITY: COUNTRY: TELEPHONE: MOBILE: FAX: PAYMENT DETAILS Please invoice my company Please invoice me Cheque payable to GLOMACS CERTIFICATION Successful participants will receive GLOMACS Certificate of Completion 4 WAYS TO REGISTER À +971 (04) (04) Á info@glomacs.ae < TERMS AND CONDITIONS Fees Each fee is inclusive of Documentation, Lunch and refreshments served during the entire seminar. Mode of Payment The delegate has the option to pay the course fee directly or request to send an invoice to his/her company/sponsor. Credit card and cheque payments are both acceptable. Cancellation / Substitution Request for seminar cancellation must be made in writing & received three (3) weeks prior to the seminar date. A US$ processing fee will be charged per delegate for each cancellation. Thereafter, we regret that we are unable to refund any fees due, although in such cases we would be happy to welcome a colleague who would substitute for you. Hotel Accommodation is not included in the course fee. A reduced corporate rate and a limited number of rooms may be available for attendees wishing to stay at the hotel venue. Requests for hotel reservations should be made at least three (3) weeks prior to the commencement of the seminar. All hotel accommodation is strictly subject to availability and terms and conditions imposed by the hotel will apply. Attendance Certificate a certificate of attendance will only be awarded to those delegates who successfully completed/attended the entire seminar including the awarding of applicable Continuing Professional Education Units/Hours. Force Majeure any circumstances beyond the control of the Company may necessitate postponement, change of seminar venue or substitution of assigned Instructor. The Company reserves the right to exercise this clause and implement such amendments. Fair Access / Equal Opportunities In the provision of its services as a world-class Training Provider, the Company is committed to provide fair access / equal opportunities throughout the delivery of its courses and assessment leading to the completion of training seminars, or 3rd party qualifications/certifications. GLOMACS Training & Consultancy P.O. Box: Dubai, United Arab Emirates Tel.: Fax: info@glomacs.ae Website: Stay in touch with what s happening in Glomacs: