IP3, Training: t_workshops_1925 updated 08_04

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PUBLIC PRIVATE PARTNERSHIP SERIES

Structuring and Negotiating Legal Agreements for PPP Projects:
Concession Law, Procurement, and Contracts

Locations	Dates	Tuition	Catalog #	CEU's	Language
Washington, D.C.	September 14 - 25, 2009	US $4,750	1925-WA	6.0	English
*All Course Participants Receive a Laptop Computer!*

Benefits | Who Should Attend | Course Learning Objectives | Course Content |

How You Will Benefit:

How to structure "win-win" agreements for PPP infrastructure projects between public agencies and private investors
How to develop effective legal contracts within a regulatory framework
How to analyze and draft legal documents including implementation agreements, "take or pay" agreements, operating agreements, and essential financial agreements
How to take advantage of international "best-practices" to improve negotiating position vis-à-vis international investors
How to reduce costs and delays in procurement and project development by using model contracts and effective negotiation strategies
Develop your own Legal Agreement Action Plan to implement in your organization
Use your new laptop computer for Internet research, access to course materials during and after the course, case study analysis, simulation exercises, and to create your Legal Agreement Action Plan
Network and build professional relationships with your fellow participants and leading government and private sector infrastructure contract specialists, attorney's, and business professionals

Technology and Training at IP3

At IP3, we believe there is a tremendous opportunity to integrate information and communication technology into education and training. In all of our Washington, D.C.-based courses, each participant is provided a new mobile Intel® CoreDuo® or AMD Turion® laptop computer (as part of the course fees) that will be integrated into the learning process through the following:

Course materials provided via dedicated intranet site
Internet research and communication tools via broadband wireless (Wi-Fi) access in the classroom
Case study and simulation activities
All Action Plans will be completed and submitted electronically

After the course is concluded, access to course materials and discussion boards will be available for up to two weeks to facilitate worldwide networking and follow up with participants.

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Who Should Attend

Legal Staff from National Line Ministries, State Infrastructure Agencies, or Municipal Governments

Legal Staff from PPP, Privatization Units or Investment Agencies responsible for infrastructure development

PPP Transaction Advisors, Legal Counsel or Project Developers involved with PPP project development

Legal Staff from Regulatory Bodies

Staff of Bilateral and Multilateral International Development Organizations

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Course Learning Objectives

Contracts and legal agreements are at the heart of any public-private partnership transaction. With sound "win-win" agreements, grounded in the rule-of-law, PPPs achieve the objectives set forth by government. With poorly structured agreements, PPP projects are doomed to fail. Failed contracts can take years and millions of dollars to unravel and set back a PPP program indefinitely. At tens and even hundreds of millions of dollars at stake, it is imperative that time and money are well spent in designing good PPP contracts.

In IP3's course titled Structuring and Negotiating Legal Agreements for PPP Projects: Concession Law, Procurement and Contracts participants will learn "best practices" in creating, negotiating, and implementing sound "win-win" PPP contracts. Through the use of presentations, case contract review and simulation exercises, participants will deepen their understanding of the key elements of successful PPP contracts, how risks are effectively allocated, and how to develop negotiation skills. Finally, the issue of how to handle disputes in contracts will also be reviewed.

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Course Content
Module I:	Public-Private Partnerships (PPP) Contracts in Infrastructure Applications of Investment Acts and laws to PPP concession law requirements Review of various types of PPP contracts: service/management contracts, leases, BOT concessions, & divestiture. Selecting and applying the most appropriate PPP technique Balancing between contract terms and regulatory requirements Understanding the security package of interlocking agreements: supply, O&M, take-or-pay, financing, and other agreements Case examples from the transportation, energy, water, health, education, and other infrastructure sectors
Module II:	Contract Risk Identification and Allocation: Creating the Legal Due Diligence Checklist Identifying all relevant project risks: engineering, financial, economic, design/build, political, social Developing a risk matrix to evaluate, allocate, and mitigate risks for all relevant stakeholders Understanding possible government guarantee requirements Determining the elements of the legal due diligence and linkages to risk management
Module III:	Developing the Key PPP Contract Clauses Parties to a contract(s) and roles/responsibilities/risk allocation: Technical terms and performance requirements Financial terms and performance requirements Dispute resolution and arbitration clauses Review of sample PPP contracts for strengthens and weaknesses
Module IV:	Procurement Procedures, Award, and Negotiation Understanding the PPP procurement cycle Linking technical/financial feasibility to the procurement process Managing a PPP procurement and award announcement in an accountable and transparent way Managing a PPP procurement and award announcement in an accountable and transparent way Key negotiation planning strategies
Module V:	Site Visits and Meetings
Module VI:	Action Planning Prior to completing the course, IP3 requires participants to complete an Action Plan detailing how they will apply their new knowledge and skills on-the-job. IP3 has developed a four-step process to guide participants in developing their action plans. Our expert faculty members conducts several action-planning sessions throughout the course to assist each participant to develop his/her plan. On the last day of the course, each participant will present his/her action plan to the group for peer review and comments.

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CEU Certification Eligibility

Certified Public-Private Partnership Specialist™

Certified Regulation Specialist™

COURSE REGISTRATION FORM

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