A Public-Private Partnership (PPP) contract is a long-term agreement between a private party and a public entity for providing public service. In such contracts, the private sector mostly bears risks (financial, technical, operational, etc.) and management responsibility. These contracts help formally define the relationship between both sectors, their responsibilities, sharing of risks and change management mechanisms. These are long-term contracts, with enough time for the private partner to recover costs of investment. A draft contract is typically prepared before the final one is agreed upon and closed. A well-designed contract is clear and comprehensive and fosters certainty for the contracting parties. However, when preparing these contracts, care should be taken to maintain enough flexibility to afford changes in future. Involving the future contract manager or authorities is one way to facilitate seamless change management in contracts. Effectiveness of PPP contracts is largely dependent on negotiation of these contracts. Negotiation is a dynamic process of argument and eventual agreement of the two parties to a set of common goals and objectives and related clauses of work. Negotiation of PPP contracts is extremely important as it determines and confirms terms and conditions for long-term association between the two parties, keeping in mind and making provisions for future adjustments and changes in case of amendments. Re-negotiations are not preferred because of various reasons, and hence, it is extremely necessary that the initial contract negotiations are clear and effective. Managing PPP contracts involves monitoring and enforcing PPP contract requirements and managing the relationship between the public and private partners. Contract management spans across the tenure of the contract. Like negotiation, management too needs to be flexible in terms of resources and skill to be able to meet expectations through the life cycle of the project. The main objective of PPP contract management is to ensure that the output matches the expectations and the specifications set out in the contract and that there are provisions for ongoing affordability, value for money, appropriate risk transfer management, etc. Appropriate contract management also involves anticipating future needs and reacting appropriately to unforeseen circumstances.
This Zoe training course will empower you with an in-depth understanding, experience and skills to successfully negotiate and manage PPP contracts. Further, through this course, you will gain experience and exposure to different situations and challenges related to PPP contracts. You will also acquire the required skills and perspective to foresee possible changes in contracts in future and address these in advance or at least make provisions for such changes in the contracts. The knowledge and information gained through this course will prepare you with adequate confidence, experience as well as negotiation and management skills to play a key role in PPP contract development, negotiation and management. It will also equip you to assume higher roles and responsibilities and pave a certain and fruitful career path for yourself.
The main objective of this course is to empower public and/or private sector professionals with:
- Complete knowledge and information related to PPP contract development, negotiation, and management.
- Information and understanding of the required tools and techniques to successfully establish contracts for the organisation, keeping provisions and flexibility for future change.
- The necessary information about the principles and concepts for establishing a robust yet flexible contract design.
- The required experience and skill to link risk assessment to related provisional clauses in contracts.
- In-depth knowledge and exposure to fundamental concepts for successful contract negotiations.
- The confidence and skill to manage change during the tenure of the contract.
- the required skill, confidence, knowledge and experience to play an important role in contract development, negotiation and management, thus demonstrating potential and prospect for faster career growth and progression.
This Zoe training course involves face-to-face classroom sessions, with related presentations and delivery by the trainer. The training content is customised to suit the audience and audience background. Trainee participation is encouraged through group discussions, spot presentations, debates, activities, etc. Relevant case studies provide the practical perspective to training. The trainer also discusses some real examples of the trainees’ organisations and helps them apply learnings from the course to the practical scenario, thus fostering relatability to the course content.
This course follows Zoe Talent Solutions’ proprietary, successful Do–Review–Learn–Apply Model.
With public and/or private sector professionals attending this course, their respective organisations will benefit in the following ways:
- Skilled and trained employees to play important and dependable roles in contract development, negotiation and management.
- Trained set of contract managers to monitor and control performance on a project, foresee any changes and manage these changes seamlessly.
- Better change management because of possibilities and opportunities for amendments pre-empted and taken care of at contract development.
- Lesser risk because of better negotiation and management of contracts.
- Reduced chances of corruption because of clarity and clearly defined responsibilities and liabilities outlined and monitored in contracts.
- Lesser need for renegotiations that could impact the project negatively.
- High service quality and efficiency because of performance tracking as part of contract management.
- Greater client satisfaction because of better service delivery.
Private and/or public sector professionals undertaking this course will benefit in the following ways:
- Increased knowledge and understanding of principles and concepts around contract development, negotiation and management.
- Increased capability to use advanced techniques and tools for negotiating and managing contracts successfully.
- Adequate perspective and skill to foresee or predict possibilities of change in contracts and make provisions for related clauses in initial contracts.
- Greater preparedness and confidence to manage change.
- More experience and exposure to link risk assessment to contract clauses and negotiation.
- Better negotiation and management skills.
- Increased opportunities to demonstrate skill and potential to foster faster career growth and development.
- Satisfaction by playing a significant role in ensuring customer satisfaction through better service delivery in terms of quality and efficiency.
Who Should Attend?
- Senior managers, directors, board members and other top management of private and public sector organisations who would play important roles in contract initiation and related decision making until closure for any project.
- Investors and financers who would be investing in any project for which a PPP contract would be prepared.
- Designated contract managers and supervisors who would be responsible for managing the contract until project completion.
- Human resource professionals from both parties who would need to define performance metrics and provide necessary performance data on request.
- Legal authorities responsible for ensuring that contracts adhere to universal standards and are carried out respecting the law.
- Any other public and/or private sector employee who would be playing a role or would like to play a role in PPP contracts.
The course will cover the following areas important for understanding PPP contract negotiation and management:
Module 1 – Aims of Public–Private Partnership (PPP) Contract Management
- Continuous high-quality service delivery
- Defined contractual responsibilities and risk allocations
- Controlled impact of external changes (effective change management)
- Achievement of efficiency expectations
Module 2 – Stakeholder Essentials for an Ideal Contract
- Responsibilities, concerns and requirements of stakeholders clearly defined
- Active, effective stakeholder communication
- Common goals, objectives and values
- Clear communication of project deliverables to stakeholders
Module 3 – Components of Negotiation
- Payment terms
- Expected service levels
- Provisions of effective contract management
Module 4 – Success Factors of Contract Negotiations
- Frank and clear communication
- Early stakeholder involvement
- Readiness towards risk acceptance
- Willingness to commit to negotiation terms
- Similar thought process, goals and values
- Willingness to invest in long-term projects
- Ability to obtain timely planning permission
Module 5 – Challenges to Contract Negotiation
- Lack of communication
- Influence of power, bias and corruption
- Lack of time
- Lack of skill and experience
- Lack of patience
- Criticism and sarcasm
- Lack of confidence and flexibility
Module 6 – Disadvantages of Re-negotiations
- Distortion of competitive bidding
- Lack of positive impact of competitive pressure
- Power, bias and corruption influencing success and outcome of re-negotiation
Module 7 – Success Factors of Contract Management
- Predicting opportunities of dispute
- Monitoring performance
- Understanding timelines and contractual formalities
- Understanding and preventing risks, especially termination
- Foreseeing and addressing contractual change
- Preventing re-negotiations
Module 8 – Challenges to Contract Management
- Verbal approvals not documented
- Tracking contract costs
- Lack of performance metrics
- Resistance by one or more contract partners
- Interference beyond defined responsibilities and boundaries
- Lack of experienced and skilled contract managers
- All our courses can be facilitated as Customized In-House Training course.
- Course duration is flexible and the contents can be modified to fit any number of days.
- As for Open Enrolment Courses, we offer our clients the flexibility to choose the location, date, and time and our team of experts who are spread around the globe will assist in facilitating the course.
- The course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch and a Certificate of successful completion of Training.
- FREE Consultation and Coaching provided during and after the course.