Procuring, Implementing & Managing Public-Private Partnerships (PPP) Contract for Non-Legal Professionals

Marketing Institute of Singapore - Executive Development


Course introduction

This 2-day course is an introduction to PPP structure and PPP Contracts.  It gives an overview of the phases from PPP procurement to Contract Management - feasibility phase, procurement phase, construction phase to operation phase. 
To enhance learning, a sample PPP contract will be given to each participant, including a detailed "clause-by-clause" analysis of PPP provisions.



Target Audience


Contract managers, project managers, and contract administrators, finance executives and also anyone who negotiates or deals with PPP projects.



Course Outline


Public–Private Partnerships (PPP) Structures

  • What is a Public-Private Partnership?
  • PPP structures
  • Public infrastructure and private sector
  • Essential elements for PPP contract
  • Developing PPP programmes
  • Framework for measuring, monitoring and reporting
  • Challenges of PPPs
  • Risk sharing – construction, completion & operation phase risks
  • Insurance, warranties and risk allocation
  • WTO’s Agreement on Government Procurement
  • UNCITRAL 2011 Model Law on Procurement
PPP Negotiations & Strategies
  • Problems in position bargaining
  • Alternative to positional bargaining
  • Harvard Principled Negotiation Techniques
  • PIOC strategies
  • Getting to “Yes” to all terms & conditions
  • Non-verbal communication
  • Beware of negotiation pitfalls
  • Role-play negotiations
Five Breakthrough Stages of Difficult Negotiations
  • Break-through barriers to co-operation
  • Recognise tactics & dirty tricks – Do not React
  • Create favourable climate – Do not Argue
  • Encourage joint problem solving & expose their tricks – Do not  Reject
  • Build a golden bridge – Do not Push
  • Use power to educate – Do not Escalate
  • Sharing best practices in negotiation process
  • Role play exercise – Handling Difficult Negotiations
The PPP Procurement Procedures
  • Business case
  • Bankable in project financing
  • Feasibility phase
  • Determine value for money
  • External advisers – technical, finance, legal
  • Due diligence
  • Market sounding
  • Dealing with conflict of interests
  • Tender
  • Invitation for bids
  • Evaluation of bids – technical & financial evaluation
  • Awards
  • Negotiations
  • Conditions precedent
  • Financial close
  • Audit & Proper Documentation
Contract Management & Key Implementation Issues
  • Role of contract manager
  • Right personnel on both sides
  • Project management team
  • Governance
  • Monitoring and reporting requirements
  • Manage variations well – cost implications
  • Documentation
  • Payment service-fee mechanism
  • Usage and availability based payments
  • Stakeholder management – communication issues
Termination Issues
  • Force majeure – relief events
  • Compensation events
  • Consequences in change of law
  • Early termination
  • Step-in rights
  • Subcontractors



Available Course Sessions


Please click here to stay updated on upcoming sessions.



Trainer Profile


Prof Catherine Tay Swee Kian

Prof Catherine Tay Swee Kian is an Associate Professorial Fellow lecturing law at the National University of Singapore, Department of Strategy and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore and an author of several law books. She is Associate Director of Bernard & Rada Law Corp.

Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a number of professional bodies in Singapore and overseas. She conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations.



 

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