For governments and private sector partners engaged in Public-Private Partnerships (PPPs), mastering Effective PPP Contract Management and Administration is arguably the most critical phase for realizing the long-term benefits and value for money envisioned at financial close, as the success of these complex, multi-decade agreements hinges on diligent oversight, proactive issue resolution, and adaptive governance. A well-negotiated contract is merely the blueprint; its true value is unlocked through robust day-to-day management that ensures compliance with intricate service level agreements, monitors performance, manages variations, and resolves disputes efficiently, thereby safeguarding public interest and maintaining a collaborative partnership. This comprehensive training course is meticulously designed to equip public sector officials, project managers, contract administrators, legal professionals, and private sector operational teams with the advanced knowledge and practical skills required to implement best-in-class contract management frameworks for PPPs, ensuring continuous service delivery, optimal asset performance, and the sustained achievement of project objectives. Without robust expertise in Effective PPP Contract Management and Administration, stakeholders risk costly disputes, performance failures, and the erosion of public trust, underscoring the vital need for specialized expertise in this critical domain.

Duration: 10 Days

Target Audience

• Public Sector Contract Managers and Administrators
• PPP Unit Professionals involved in post-award management
• Private Sector Project Directors and Operations Managers
• Performance Monitoring Specialists in public agencies
• Legal Professionals specializing in contract enforcement and dispute resolution
• Financial Analysts involved in payment mechanism oversight
• Technical Experts overseeing asset management and maintenance
• Auditors and Oversight Body Personnel
• Government Regulators of infrastructure and public services
• Anyone involved in the long-term management and oversight of operational PPPs.

Objectives

• Understand the strategic importance of robust PPP contract management post-award.
• Learn about the key roles, responsibilities, and organizational structures for contract administration.
• Acquire skills in interpreting and enforcing complex PPP contractual provisions.
• Comprehend techniques for monitoring performance against Service Level Agreements (SLAs) and Key Performance Indicators (KPIs).
• Explore strategies for managing payment mechanisms and deductions effectively.
• Understand the importance of proactive risk management during the operational phase.
• Gain insights into managing variations, changes, and contract amendments.
• Develop a practical understanding of dispute avoidance and resolution mechanisms.
• Master financial oversight and reporting during the operational term.
• Acquire skills in managing stakeholder relationships and communication.
• Learn to apply international best practices and guidelines for PPP contract management.
• Comprehend techniques for ensuring long-term asset integrity and handback readiness.
• Explore strategies for leveraging digital tools for efficient contract administration.
• Understand the importance of transparency and accountability in contract oversight.
• Develop the ability to lead and implement effective PPP contract management frameworks.

Course Content

Module 1: Introduction to PPP Contract Management

• The critical role of contract management in the PPP lifecycle.
• Why effective post-award management is crucial for realizing VfM.
• Distinguishing contract management from procurement and negotiation.
• Key objectives: compliance, performance, relationship management, value optimization.
• Consequences of poor contract management.

Module 2: Organizational Structure and Roles for Contract Management

• Establishing a dedicated PPP contract management unit or team.
• Roles and responsibilities of the public sector contract manager.
• Internal coordination across government agencies (e.g., finance, legal, technical).
• Interface with the private sector project company and its operational team.
• Importance of adequate resources and capacity.

Module 3: Understanding the PPP Contract

• Deconstructing the PPP/concession agreement: key clauses and their interdependencies.
• Understanding the project agreement, financing agreements, and direct agreements.
• Reviewing schedules, appendices, and technical specifications.
• Legal interpretation of contractual provisions.
• Training the contract management team on contract specifics.

Module 4: Performance Monitoring and Reporting

• Designing and implementing robust performance monitoring systems.
• Utilizing Service Level Agreements (SLAs) and Key Performance Indicators (KPIs).
• Data collection, verification, and analysis for performance assessment.
• Regular reporting requirements from the private partner.
• Tools for performance tracking (e.g., dashboards, software).

Module 5: Payment Mechanism Management

• Understanding the project's payment mechanism (e.g., availability payments, user fees, shadow tolls).
• Calculating payments, deductions for non-performance, and incentives.
• Managing payment adjustments (e.g., for inflation, changes in scope).
• Ensuring timely and accurate payments.
• Financial reconciliation and audit of payment calculations.

Module 6: Risk Management during Operations

• Continuous identification and assessment of operational risks.
• Monitoring risk indicators and early warning systems.
• Implementing risk mitigation strategies during the operational phase.
• Managing unforeseen events and force majeure.
• Reviewing and updating the project risk register.

Module 7: Managing Variations, Changes, and Amendments

• Procedures for initiating, reviewing, and approving contract variations.
• Assessing the impact of changes on project scope, cost, schedule, and risk.
• Negotiating fair and transparent amendments with the private partner.
• Avoiding opportunistic renegotiations.
• Documenting and archiving all contract amendments.

Module 8: Dispute Avoidance and Resolution

• Proactive strategies for preventing disputes during the operational phase.
• Effective communication and issue escalation protocols.
• Utilizing informal negotiation and senior management intervention.
• Role of Dispute Boards/Adjudication Boards.
• Mediation and arbitration for unresolved disputes.

Module 9: Financial Oversight and Audit

• Monitoring the financial health of the project company.
• Reviewing financial statements and audit reports.
• Ensuring compliance with financing agreements and debt covenants.
• Managing refinancing events and gain-share mechanisms.
• Fiscal reporting of contingent liabilities.

Module 10: Stakeholder Relationship Management

• Managing relationships with the private partner (collaborative vs. adversarial).
• Engaging with end-users, communities, and other affected stakeholders.
• Addressing public complaints and feedback mechanisms.
• Managing media relations and public perception.
• Building and maintaining trust throughout the contract term.

Module 11: Asset Management and Lifecycle Maintenance Oversight

• Monitoring the private partner's asset management plans.
• Ensuring compliance with maintenance schedules and standards.
• Overseeing major repairs, refurbishments, and replacements.
• Protecting the long-term value and integrity of the asset.
• Preparing for handback at the end of the concession.

Module 12: Contractual Compliance and Enforcement

• Ensuring the private partner's adherence to all contractual obligations.
• Issuing notices of non-compliance and default.
• Implementing contractual remedies (e.g., deductions, step-in rights, termination).
• Legal aspects of contract enforcement.
• Documenting all compliance actions.

Module 13: Digital Tools for Contract Management

• Utilizing Contract Management Systems (CMS) and Enterprise Resource Planning (ERP) software.
• Digital dashboards for performance monitoring.
• Electronic document management and workflow automation.
• Data analytics for identifying trends and issues.
• Benefits of digital tools for efficiency and transparency.

Module 14: International Best Practices in PPP Contract Management

• Review of international guidelines and methodologies (e.g., World Bank, EBRD, UNCITRAL).
• Comparative analysis of contract management approaches in different jurisdictions.
• Lessons learned from successful and challenging international PPP projects.
• Adapting global best practices to local contexts.
• Emerging trends in PPP contract management (e.g., smart contracts).

Module 15: Case Studies and Practical Exercises in Contract Management

• In-depth analysis of specific PPP projects with significant contract management challenges.
• Discussion of real-world scenarios: performance failures, variations, disputes.
• Role-playing exercises for negotiation and dispute resolution.
• Workshop: Developing a contract management plan for a hypothetical PPP project.
• Reviewing sample performance reports and identifying action points.

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 7 working days before commencement of the training.