Learning Objectives

The learning objectives of the Public Private Partnerships Execution course are:

• Offer relevant insight into the interactions between the Appraisal Phase and the Structuring and Drafting Phase, and propose and evaluate the need for refinement of previous analysis during the Structuring Phase;
• Help others understand the structuring concept and the importance of allowing sufficient time to design the project contract;
• Recognize approaches to financial structuring from the public perspective, help to define public financial support mechanisms that can be implemented without compromising Value for Money (VfM), suggest different revenue regimes and payment mechanisms appropriate to the contract, help to define the most appropriate revenue regime and/or payment mechanism solution and help others to develop all the details of the financial structure;
• Support risk structuring and risk allocation, and identify appropriate approaches to allocate risks;
• Help others understand the importance of marketing the project and re-testing the project with the market before launching, and suggest appropriate ways of doing this;
• Help to incorporate the risk allocation, financial structure and payment mechanism into the contract, and develop other fundamental provisions of the contract;
• Support the detailed design of a Tender Process that is consistent with the applicable framework and drives value for money outcomes;
• Identify how the private sector screens markets and projects, prepares and submits bids and raises funds;
• Help to define prequalification or qualification requirements and awarding/evaluation criteria and other issues of a Request for Qualifications and Request for Proposal, and help others to understand the importance of managing approvals and authorizations, and getting ready for launching the tender;
• Suggest actions to manage the Qualification and Evaluation Processes, including any potential need for changes or re-scheduling in the Procurement Process;
• Support the drafting of the tender documentation;
• Identify and support the management of approvals and authorizations through to financial close;
• Help others understand the distinction between commercial close and financial close, the need for conditions prior to contract signature, and the key elements of the financial close process;
• Help to design a PPP Contract Management Framework, appropriate governance and a contract management team and suggest roles and responsibilities within the contract management team;
• Identify ways, and put in place mechanisms, to monitor non-compliance and under-performance and ensure that the Private Partner performs its obligations to deliver and commission the asset and the Government performs its obligations in accepting the asset;
• Identify ways, and put in place mechanisms, to monitor non-compliance and under-performance and ensure that the Private Partner performs its operations and maintenance obligations and the Government performs its obligations during the operational stage under the PPP contract;
• Identify ways, and put in place mechanisms, to manage stakeholder interfaces to support project outcomes;
• Recognize the need for, and issues that arise from, changes to requirements, changes in ownership, re-financing and asset renewal, and suggest actions to manage these changes, renegotiations;
• Identify types of cause of claims, preventative solutions and steps to follow to deal with the various forms of claims that may arise (including compensation and relief);
• Identify dispute resolution procedures and support the resolution of disputes;
• Help to design the Exit and Handover strategy for a PPP contract, and suggest actions to ensure compliance with required asset hand-over and preparation for continuity of operations after asset hand-over.