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Program Specific Job Process Performance, Reviewing Ai Outputs, Trainer of Ai Systems, Interrogating Ai Systems, and Possibly Transforming into a 20 year Experienced Inter-Discipline Domain Expert. Programs Updated to Leverage the Best of Digital Transformation, Data Analytics and Artificial Intelligence Ai.
Each program participant will get 1 year free individual license access to a Program Domain Specific Ai System to Answer his job related queries.
Audio version brochure
BOT 787-2
2 Week Process-by-Process Leveraging Artificial Intelligence

BOT/PPP Planning and Drafting Project Contracts Processes

Building Hands-on Skills & Competencies in

  1. Standard Contract Conditions

  2. Special or Particular Contract Conditions

  3. Drafting for Effective Risk Transfer

  4. Project Feasibility Gap Filling Contract Provisions

www.eurotraining.com/bro/bot787-2.php

2 Week Training Programs

Kualalumpur
20-31 Jan 2025
Dubai
3-14 Feb 2025
London
17-28 Feb 2025
New York
2-13 March 2025
Seattle, USA
16-27 March 2025
Istanbul
30 March-10 April 2025
New York
13-24 April 2025
Dubai
27 April-8 May 2025
Kualalumpur
11-22 May 2025
London
25 May-5 June 2025


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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. BOT Pre-Contracting Processes
  9. Project Identification and Planning
  10. Identifying suitable projects for BOT/PPP frameworks.
  11. Assessing legal, environmental, and financial viability.
  12. Conducting stakeholder analysis and engagement.
  13. Feasibility Studies
  14. Technical feasibility: project design, construction requirements, and technology needs.
  15. Financial feasibility: revenue models, funding sources, and return on investment (ROI).
  16. Legal feasibility: regulatory compliance and land acquisition considerations.
  17. Risk Assessment and Allocation
  18. Identifying risks: construction, operational, financial, legal, and environmental.
  19. Allocating risks equitably between public and private partners.
  20. Tender and Bid Evaluation
  21. Preparing tender documents, including Request for Proposals (RFPs).
  22. Defining evaluation criteria for selecting private partners.
  23. Negotiating terms and conditions with bidders.
  24. Build-Operate-Transfer Contract Objectives
  25. Ensure project delivery within budget, scope, and schedule.
  26. Establish clear operational and maintenance standards.
  27. Facilitate a smooth transfer of assets to the public authority at the end of the contract term.
  28. Protect public interest while ensuring private sector profitability.
  29. Standard Contract Condition Analysis Processes
  30. General terms applicable to most BOT/PPP contracts:
  31. Contract duration and milestones.
  32. Payment mechanisms (e.g., annuity, toll revenue sharing).
  33. Performance guarantees and penalties for non-compliance.
  34. Dispute resolution mechanisms (e.g., arbitration, mediation).
  35. Termination and force majeure clauses.
  36. Special or Particular Contract Conditions Analysis Processes
  37. Tailored terms to address project-specific needs:
  38. Environmental compliance requirements.
  39. Local labor and material sourcing obligations.
  40. Revenue-sharing mechanisms and financial guarantees.
  41. Specific technical performance standards and quality benchmarks.
  42. Exit strategies and handover provisions for asset transfer.
  43. Drafting for Effective Risk Transfer Processes
  44. Risk Allocation Processes
  45. Allocate risks to the party best able to manage them.
  46. Avoid transferring unmanageable or uncontrollable risks.
  47. Maintain balance to ensure financial viability for both parties.
  48. Key Risk Transfer Processes
  49. Construction risks: delays, cost overruns, and defects.
  50. Operational risks: maintenance, performance, and service delivery.
  51. Financial risks: currency fluctuation, inflation, and interest rate changes.
  52. Regulatory risks: changes in law, permitting, and approvals.
  53. Environmental risks: compliance and mitigation of unforeseen impacts.
  54. Project Feasibility Gap Filling Contract Processes
  55. Revenue Guarantee Processes
  56. Minimum revenue guarantees to attract private investment.
  57. Government subsidies or viability gap funding (VGF).
  58. Flexible Contract Processes
  59. Provisions for renegotiation to address unforeseen circumstances.
  60. Performance-based adjustments to incentives and penalties.
  61. Contingency Plans Processes
  62. Detailed provisions for handling delays, cost escalations, or disputes.
  63. Defining roles in addressing unexpected financial or technical challenges.
  64. Financial Safeguards Processes
  65. Escrow accounts for revenue management.
  66. Insurance requirements for construction and operational phases.
  67. Step-by-Step Methodology for Drafting BOT/PPP Contracts Processes
  68. Step 1: Project Analysis Process
  69. Conduct in-depth feasibility studies and risk assessments.
  70. Define project objectives and stakeholder requirements.
  71. Step 2: Prepare Contract Framework Process
  72. Identify applicable standard conditions and customize special conditions.
  73. Draft an outline of roles, responsibilities, and key deliverables.
  74. Step 3: Incorporate Risk Allocation Provisions Process
  75. Draft detailed clauses for risk-sharing, performance guarantees, and penalties.
  76. Address potential revenue shortfalls with gap-filling mechanisms.
  77. Step 4: Ensure Legal and Regulatory Compliance Process
  78. Align contract terms with local and international laws.
  79. Include dispute resolution and arbitration clauses.
  80. Step 5: Draft Financial Provisions Process
  81. Define payment mechanisms, revenue-sharing models, and financing terms.
  82. Include provisions for cost recovery and financial transparency.
  83. Step 6: Stakeholder Review Process
  84. Present the draft to stakeholders for feedback and refinement.
  85. Ensure alignment with public authority goals and private sector expectations.
  86. Step 7: Finalize and Execute Process
  87. Finalize the contract with all necessary adjustments.
  88. Obtain necessary approvals and signatures from all parties.
  89. Step 8: Monitor and Revise Process
  90. Establish mechanisms to monitor contract performance during execution.
  91. Provisions for periodic reviews and updates if required.

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