Planning & Drafting BOT and PPP Contracts & Conditions

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

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 Guidance.

This 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.

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

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

1. Planning & Drafting BOT and PPP Contracts & Conditions
2. Business Aspects of BOT & PPP Projects
3. BOT & PPP Project Stakeholders & Their Expectations
4. BOT & PPP Legal & Regulatory Aspects
5. Commercial Risks
6. Technical Risks
7. Societal & Political Risks
8. Typical Sharing of Risks between the Stakeholders
9. Pre Contract Planning of the BOT PPP Projects
10. Data & Information on Project Site or Facility
11. Available, Relevant and Necessary Project Data
12. Stakeholders Information and Expectations
13. Project Impacted Community
14. Regulatory Agency Requirements
15. Project Viability Data
16. Project Viability Gap Filling Options
17. Project Organization Structures
18. Applicable Technical & National Standards
19. Organizational Strategic Objectives
20. Management Guidance
21. Deciding which party will bear how much of the risk
22. Analyzing if there are any legal issues in transferring that risk
23. Drafting the contract provision to effectively transfer the risk to the intended party
24. Performing a Review of the Drafted Contract for Ambiguities and Conflicting Requirements
25. Standard BOT and PPP Contracts from Reputable Organizations
26. Identifying the Organizational PPP or BOT Strategic Objectives
27. Identifying the Special Project Risks
28. Project Viability Gap Analysis
29. Drafting Required Special Contract Conditions
30. Leveraging Previous Experience of BOT or PPP Contracts
31. Reviewing Drafted Contract for determining likely project bid or cost Impact of New Drafted Provisions
32. Communicating to and Obtaining Management approval for Drafted Special Provisions
33. Applying Win-Win Philosophy to the Contract Drafting Process
34. Understands the right and wrong way of transferring risk to the other party
35. Building the BOT or PPP Planning and Contract Knowledgebase
36. Applying Value Engineering Techniques to Drafting Contracts
37. Special Program Case Studies
    
    (1) Green Field Project
    (2) Brownfield Project
    (3) PPP Project
    (4) PPP Service Project.
38. Program Recommendations & Next Steps
39. Participant Customized Detailed Action Plan

Program General Methodology