Administering PPP & BOT Projects to Completion

PPP and BOT Projects have been the Government Method of choice to enable Rapid Economic and Service Development even in the face of Limited Resources. While Drafted Contracts have provisions meant to ensure these projects meet the Intended Objectives including Local Community Development, Service Improvement, Efficient Operations and Reasonable Costs for the Users.

But often these projects face issues related to Delays, Disruptions, Cost Escalations and Project and Service Quality Problems.

This program is designed to help you Administer the Contracts such that the intended objectives are met without causing unnecessary additional recoverable and unrecoverable cost liability on the Project.

BOT & PPP projects are subject to many risks and unforeseen situations that may arise during the project implementation. This Program will show how these events must be mitigated, event documented, evidence of time and other impact recorded, and, cost and time claims resolved.

This program is intended for BOT and PPP Project Contract Administrators, Legal Staff, Supervision Professionals, Managers, Coordinators, Auditors & Project Managers.

This program can be used to Build and Train: BOT Project Planning Teams, Project Execution Teams, Project Management and Administration Teams.

1. Administering PPP & BOT Projects to Completion
2. Business Aspects of BOT PPP Contracts
3. BOT PPP Stakeholders and their Expectations
4. Legal & Regulatory Aspects of BOT PPP Projects
5. Operational Objectives of BOT PPP Projects
6. Strategic Objectives of BOT PPP Projects
7. Operational & Strategic Objectives of BOT PPP Contract Administration
8. Risks on BOT PPP Projects
9. Typical Project Risk Allocation between the Stakeholders
10. Understanding BOT PPP Contract Conditions & Rights and Responsibilities Conferred for
    (1) Project Specific Definitions and Some Key Arrangements
    (2) Operating License
    (3) Errors in the Employer's Requirements,
    (4) Confidential Details
    (5) Compliance with Laws, Joint and Several Liability.
    (6) The Employers Obligations and Financing Arrangements if required.
    (7) Employers Staff and Representatives on the Project and their Determination of Issues.
    (8) The Contractor’s Obligations including
         (a) Performance Security,
         (b) Contractor's Representative and Project Staff,
         (c) Subcontractors & Nominated Subcontractors,
         (d) Obligation to Co-operate,
         (e) Setting Out,
         (f) Safety Procedures,
         (g) Quality Assurance,
         (h) Site Data,
         (i) Sufficiency of the Accepted Contract Amount,
    (j) Unforeseeable Physical Conditions,
    (k) Rights of Way and Facilities,
         (l) Avoidance of Interference,
         (m) Access Route & Transport of Goods,
         (n) Contractor's Equipment,
         (o) Protection of the Environment,
         (p) Electricity, Water and Gas Supplies,
         (q) Employer's Equipment and Free-Issue Materials,
         (r) Progress Reports,
         (s) Security of the Site,
         (t) Contractor's Operations on Site,
         (u) Fossils,
         (v) Changes in the Contractor's Financial Situation.
    (9) Contractors D-B-O Design obligations including
         (a) Contractor's Documents & Undertaking,
         (b) Technical Standards and Regulations,
         (c) As-Built Documents,
         (d) Operation and Maintenance Manuals,
         (e) Handling Design Error.
    (10) Contractor Employees related Requirements.
    (11) Contractors Plant, Materials and Workmanship brought to the Site.
    (12) Project Commencement Date, Completion Time and Program of Works.
    (13) On Commencement of Design and Build part of Project some key provisions, program will also discuss changes where contractor is financing the project, for
         (a) Time for Completion of Design-Build,
         (b) Extension of Time for Completion of Design-Build,
         (c) Delays Caused by Authorities,
         (d) Rate of Progress,
         (e) Delay Damages relating to Design-Build,
         (f) Suspension of Work,
         (g) Consequences of Suspension,
         (h) Payment for Plant and Materials in Event of Suspension,
         (i) Prolonged Suspension,
         (j) Resumption of Work,
         (k) Completion of Design-Build,
         (l) Failure to Complete.
    (14) Operation Phase of The project:
         (a) Commencement of Operation Service,
         (b) Independent Compliance Audit,
         (c) Delivery of Raw Materials,
         (d) Training,
         (e) Delays and Interruptions during the Operation Service,
         (f) Failure to Reach Production Outputs,
         (g) Completion of Operation Service,
         (h) Ownership of Output and Revenue.
    (15) Testing of Works on Completion including
         (a) Tests on Completion,
         (b) Delayed Tests on Completion of Design-Build,
         (c) Retesting of the Works,
         (d) Failure to Pass Tests on Completion of Design-Build,
         (e) Completion of the Works and Sections, and, Commissioning of Parts of the Works,
         (f) Commissioning Certificate,
         (g) Joint Inspection Prior to Contract Completion,
         (h) Procedure for Tests Prior to Contract Completion,
         (i) Delayed Tests Prior to Contract Completion,
         (j) Failure to Pass Tests Prior to Contract Completion,
         (k) Retesting Prior to Contract Completion.
    (16) Handling Defects Outstanding at Completion
    (18) Price Variations and Price Adjustments or Recoverable Cost Adjustments
         (a) Right to Vary,
         (b) Value Engineering,
         (c) Variation Procedure,
         (d) Payment in Applicable Currencies,
         (e) Provisional Sums, Adjustments for Changes in Legislation,
         (f) Adjustments for Changes in Technology,
         (g) Adjustments for Changes in Cost.
    (19) Contract Price and Payment or Reimbursable Cost Recovery
    (20) Asset Replacement Fund,
    (21) Maintenance Retention Fund.
    (22) Termination by Employer the Processes and Settlements,
    (23) Suspension & Termination by Employer.
    (24) Risk Allocations on the D-B-O Project
         (a) The Employer's Risks during the Design-Build Period,
         (b) The Contractor's Risks during the Design-Build Period,
         (c) The Employer's Risks during the Operation Service Period,
         (d) The Contractor's Risks during the Operation Service Period and Responsibility for Care of the Works,
         (e) Consequences of the Employer's Risks of Damage,
         (f) Consequences of Contractor's Risks resulting in Damage,
         (g) Limitation of Liability,
         (h) Indemnities by the Contractor,
         (i) Indemnities by the Employer,
         (j) Shared Indemnities,
         (k) Risk of Infringement of Intellectual and Industrial Property Rights.
    (25) Exceptional Risks and Processes,
    (26) Insurance Obligations
    (26) Claims, Disputes & Arbitrations including
         (a) Contractor's Claims,
         (b) Employer's Claims,
         (c) Appointment of the Dispute Adjudication Board,
         (d) Failure to Agree Dispute Adjudication Board,
         (e) Avoidance of Disputes,
         (f) Obtaining Dispute Adjudication Board's Decision,
         (g) Amicable Settlement,
         (h) Arbitration,
         (i) Failure to Comply with Dispute Adjudication Board's Decision,
         (j) Disputes Arising during the Operation Service Period,
         (k) Expiry of Dispute Adjudication Board's Appointment,
11. For Each of the Above Conditions
    (1) Contract Administration Requirements
    (2) Communications to be Sent
    (3) Documents to be generated to record events
    (4) Mitigation Options
    (5) Win-Win Resolution of Disagreements & Disputes
    (6) Possible Variations, Cost or Time Claims that may need to be Prepared or Analyzed
12. Setting-up a Risks Early Warning System on the PPP BOT Project
13. Good Practices for Coordinating and Communicating on PPP BOT Projects
14. Program Recommendations & Next Steps
15. Customized Participant Customized Detailed Action Plan

Program General Methodology