Useful Links

PDF Link  |  Center Full List  |  FOR PROGRAM DATES SEND EMAIL

What is Covered in this Job Process Workshop?

1. This Work Process Skills program provides the knowhow for Planning BOT/PPP Contracts, and, Drafting Effective Contracts that help Achieve Organizational Project and Strategic Objectives.

2. Often these projects fail to meet the Intended Objectives including Local Community Development, Service Improvement, Efficient Operations and Reasonable Costs for the Users. The problem often lies in badly planned and drafted Public Private Partnership (PPP) Contracts.
   
   ** Drafting these conditions require a deep understanding of how any drafted provisions will actually be interpreted according to Local, or, Law of Jurisdiction, or, Arbitrators.
   
   ** Also the Contracts have to incorporate practical Contract Administration Provisions so that both parties have an opportunity to keep the other party informed of the risks and project impacts the project may face during its execution phase.
   
   ** These drafted provisions must ensure that the project progress is not unnecessarily hindered by the drafted Contract Administration provisions.
   
   ** The Planning aspects of this program covers the Pre-Contract Planning Good Practice Processes that must be followed in the lead up to Build Operate & Transfer (BOT) Project Contract Signing. These processes include those related to Project Site, Project Data, Stakeholders, Community, Regulatory Agencies, Project Viability, Project Viability Gap Filling, Project Organization, Technical Standards and Organizational Strategic Objectives and Management Processes Guidance.
   
   ** This Job Process Competency program will also help the participant draft into Contracts Win-Win Provisions that encourage and incentivize the other parties to do Value Engineering, Improve the Projects, Focus on Local Community Development and Prevent Fraud.

3. Understand the principles and objectives of Build-Operate-Transfer (BOT) contracts and Public-Private Partnership (PPP) agreements.

4. Learn the essential pre-contracting processes required for successful BOT/PPP project development.

5. Identify and incorporate standard and special contract conditions in project agreements. Draft contract provisions that ensure effective risk transfer and equitable allocation.

6. Address project feasibility gaps through targeted contract provisions. Develop skills to create contracts that align with project objectives, stakeholder needs, and regulatory requirements.

Who should Attend?

1. This Work Process Skills program is intended for all Build Operate & Transfer (BOT) and PPP Project Professionals, Contract Administrators & Legal Staff, Advisors, Consultants, Contractors and Managers. This Work Process Skills program is also recommended for Project Financers, Sponsors, Auditors, Regulatory Agencies, Finance Professionals, and Oversight Management Processes Leadership.

2. This Work Process Skills program can be used to Train and Develop Build Operate & Transfer (BOT) & Public Private Partnership (PPP) Project Planning, Contract Drafting and Management Processes Teams.

Program Processes & Modules

BOT/PPP Planning and Drafting Project Contracts Processes

1. Introduction to BOT/PPP Contracting Processes

2. Overview of BOT/PPP frameworks: key principles, models, and global practices.

3. Objectives of BOT/PPP contracts:

4. Define roles and responsibilities of public and private partners.

5. Facilitate risk sharing and allocation.

6. Ensure financial viability and long-term project success.

7. Types of projects: infrastructure, energy, transportation, water, and waste management.

8. Step-by-Step Methodology for Drafting BOT/PPP Contracts Processes

9.        Step 1: Project Analysis Process

10.        Step 2: Prepare Contract Framework Process

11.        Step 3: Incorporate Risk Allocation Provisions Process

12.        Step 4: Ensure Legal and Regulatory Compliance Process

13.        Step 5: Draft Financial Provisions Process

14.        Step 6: Stakeholder Review Process

15.        Step 7: Finalize and Execute Process

16.        Step 8: Monitor and Revise Process

17. BOT Pre-Contracting Processes

18. Project Identification and Planning

19. Identifying suitable projects for BOT/PPP frameworks.

20. Assessing legal, environmental, and financial viability.

21. Conducting stakeholder analysis and engagement.

22. Feasibility Studies

23. Technical feasibility: project design, construction requirements, and technology needs.

24. Financial feasibility: revenue models, funding sources, and return on investment (ROI).

25. Legal feasibility: regulatory compliance and land acquisition considerations.

26. Risk Assessment and Allocation

27. Identifying risks: construction, operational, financial, legal, and environmental.

28. Allocating risks equitably between public and private partners.

29. Tender and Bid Evaluation

30. Preparing tender documents, including Request for Proposals (RFPs).

31. Defining evaluation criteria for selecting private partners.

32. Negotiating terms and conditions with bidders.

33. Build-Operate-Transfer Contract Objectives

34. Ensure project delivery within budget, scope, and schedule.

35. Establish clear operational and maintenance standards.

36. Facilitate a smooth transfer of assets to the public authority at the end of the contract term.

37. Protect public interest while ensuring private sector profitability.

38. Standard Contract Condition Analysis Processes

39. General terms applicable to most BOT/PPP contracts:

40. Contract duration and milestones.

41. Payment mechanisms (e.g., annuity, toll revenue sharing).

42. Performance guarantees and penalties for non-compliance.

43. Dispute resolution mechanisms (e.g., arbitration, mediation).

44. Termination and force majeure clauses.

45. Special or Particular Contract Conditions Analysis Processes

46. Tailored terms to address project-specific needs:

47. Environmental compliance requirements.

48. Local labor and material sourcing obligations.

49. Revenue-sharing mechanisms and financial guarantees.

50. Specific technical performance standards and quality benchmarks.

51. Exit strategies and handover provisions for asset transfer.

52. Drafting for Effective Risk Transfer Processes

53. Risk Allocation Processes

54. Allocate risks to the party best able to manage them.

55. Avoid transferring unmanageable or uncontrollable risks.

56. Maintain balance to ensure financial viability for both parties.

57. Key Risk Transfer Processes

58. Construction risks: delays, cost overruns, and defects.

59. Operational risks: maintenance, performance, and service delivery.

60. Financial risks: currency fluctuation, inflation, and interest rate changes.

61. Regulatory risks: changes in law, permitting, and approvals.

62. Environmental risks: compliance and mitigation of unforeseen impacts.

63. Project Feasibility Gap Filling Contract Processes

64. Revenue Guarantee Processes

65. Minimum revenue guarantees to attract private investment.

66. Government subsidies or viability gap funding (VGF).

67. Flexible Contract Processes

68. Provisions for renegotiation to address unforeseen circumstances.

69. Performance-based adjustments to incentives and penalties.

70. Contingency Plans Processes

71. Detailed provisions for handling delays, cost escalations, or disputes.

72. Defining roles in addressing unexpected financial or technical challenges.

73. Financial Safeguards Processes

74. Escrow accounts for revenue management.

75. Insurance requirements for construction and operational phases.

76. Program Recommendations

77. Post Program Improvement Action Plan

CLICK FOR PROGRAM OUTCOMES

Click to Forward this webpage to a Colleague by Email

2 Week Process Approach Training Programs ..... For Skill Development to Ensure Superior and Rewarding Performance