Securing Value: PPP Procurement Laws and Guidelines Training Course

Introduction

The procurement phase is the cornerstone of any successful Public-Private Partnership (PPP), setting the stage for the project's long-term viability, efficiency, and value for money. It is a complex process governed by intricate legal frameworks and best practice guidelines designed to ensure transparency, fairness, competition, and ultimately, the selection of the most capable private partner. Navigating this phase effectively requires a deep understanding of legal requirements, strategic planning, meticulous documentation, and robust evaluation methodologies to attract high-quality bids and secure optimal outcomes for public services and infrastructure.

This intensive training course is meticulously designed to equip public sector procurement professionals, legal advisors, project managers, and private sector bidders with the advanced knowledge and practical tools to master the complexities of PPP procurement. By delving into national and international procurement laws, tender document preparation, bid evaluation, and contract award processes, participants will gain the expertise to conduct competitive, transparent, and legally sound procurements. This empowers you to mitigate risks, enhance project bankability, and foster trust in the PPP ecosystem, ensuring that public funds are utilized effectively for sustainable development.

Target Audience

  • Public Sector Procurement Officers and Specialists.
  • PPP Unit Staff and Project Preparation Teams.
  • Legal Advisors and Attorneys specializing in Public Procurement and PPPs.
  • Private Sector Bidding Teams, Business Development Managers, and Legal Counsel.
  • Financial Advisors and Consultants involved in PPP transactions.
  • Auditors and Oversight Bodies.
  • Anti-Corruption and Governance Professionals.
  • Anyone involved in the planning, execution, or oversight of PPP procurement processes.

Duration: 10 days

Course Objectives

Upon completion of this training course, participants will be able to:

  • Understand the fundamental principles and objectives of PPP procurement.
  • Grasp national and international legal frameworks governing PPP procurement.
  • Analyze different PPP procurement methods and their appropriate application.
  • Comprehend the key stages of the PPP procurement cycle, from planning to contract award.
  • Evaluate methodologies for preparing comprehensive and clear tender documents.
  • Develop practical skills in designing robust bid evaluation criteria.
  • Navigate the complexities of managing the bidding process and bidder interactions.
  • Formulate robust strategies for conducting fair, transparent, and objective bid evaluations.
  • Understand the legal requirements and best practices for contract award and debriefing.
  • Champion best practices in addressing unsolicited proposals and maintaining competition.
  • Recognize the importance of integrity, ethics, and anti-corruption measures in procurement.
  • Appreciate the challenges and common pitfalls in PPP procurement.
  • Distinguish between technical, financial, and legal aspects of bid evaluation.
  • Understand the role of technology and e-procurement in enhancing efficiency.
  • Strategize for fostering a competitive and attractive environment for private sector participation.

Course Content

  1. Introduction to PPP Procurement
  • Defining PPP procurement and its distinct characteristics.
  • Key objectives: Value for Money (VfM), risk transfer, efficiency, innovation.
  • Principles of good procurement: transparency, fairness, competition, accountability.
  • Overview of the PPP project lifecycle and the procurement phase's role.
  • International best practices and global trends in PPP procurement.
  1. Legal and Regulatory Frameworks
  • National PPP laws and procurement regulations.
  • International guidelines and conventions (e.g., UNCITRAL Model Law on PPPs).
  • Public procurement laws applicable to PPPs.
  • Role of relevant government agencies and oversight bodies.
  • Ensuring legal compliance throughout the procurement process.
  1. Procurement Planning and Strategy
  • Strategic considerations for choosing the PPP procurement route.
  • Developing a procurement strategy: competitive dialogue, open tender, negotiated procedure.
  • Market sounding and engaging with potential bidders.
  • Defining project scope, outputs, and performance requirements.
  • Resource planning for the procurement process.
  1. Pre-Qualification (RFQ) Stage
  • Purpose of pre-qualification: assessing technical and financial capacity.
  • Developing Request for Qualification (RFQ) documents.
  • Criteria for pre-qualification and evaluation methodology.
  • Managing the submission and evaluation of qualification documents.
  • Shortlisting qualified bidders for the next stage.
  1. Tender Document Preparation (RFP)
  • Developing comprehensive Request for Proposal (RFP) documents.
  • Key components of an RFP: instructions to bidders, project brief, draft contract.
  • Output specifications vs. input specifications.
  • Risk allocation matrix and payment mechanisms.
  • Ensuring clarity, consistency, and completeness of tender documents.
  1. Managing the Bidding Process
  • Issuing the RFP and managing the bidding period.
  • Conducting pre-bid conferences and site visits.
  • Managing bidder clarifications and issuing addenda.
  • Ensuring fairness and equal treatment of all bidders.
  • Handling bid security and confidentiality.
  1. Bid Submission and Opening
  • Legal requirements for bid submission (deadlines, format, security).
  • Procedures for secure receipt and custody of bids.
  • Public opening of technical and financial bids (where applicable).
  • Recording and documenting the bid opening process.
  • Maintaining integrity and transparency.
  1. Technical Bid Evaluation
  • Establishing the technical evaluation committee and its responsibilities.
  • Developing clear and objective technical evaluation criteria.
  • Methodology for scoring technical proposals.
  • Assessing proposed solutions, design, and operational plans.
  • Clarifications and technical dialogue with bidders.
  1. Financial Bid Evaluation
  • Establishing the financial evaluation committee.
  • Methodology for evaluating financial proposals (e.g., Net Present Cost, VfM analysis).
  • Assessing affordability, bankability, and financial robustness of bids.
  • Analyzing proposed payment mechanisms and financial models.
  • Integration of financial and technical scores.
  1. Legal and Commercial Evaluation
  • Reviewing legal aspects of bids: compliance with draft contract, legal due diligence.
  • Assessing proposed risk allocation and contractual deviations.
  • Commercial terms and conditions offered by bidders.
  • Identifying and addressing any legal or commercial non-conformities.
  • Ensuring consistency across all evaluation criteria.
  1. Selection of Preferred Bidder and Negotiation
  • Methodology for combining technical, financial, and legal scores.
  • Identifying the most economically advantageous tender (MEAT).
  • Principles and strategies for limited negotiations with the preferred bidder.
  • Scope of permissible changes during negotiation.
  • Documenting negotiation outcomes.
  1. Contract Award and Debriefing
  • Legal requirements for contract award.
  • Notification of award and standstill periods.
  • Rights of unsuccessful bidders: debriefing and challenges.
  • Formal signing of the PPP agreement.
  • Public disclosure requirements for contract awards.
  1. Addressing Unsolicited Proposals (USPs)
  • Definition and characteristics of unsolicited proposals.
  • Policy frameworks for handling USPs.
  • Balancing innovation with transparency and competition.
  • Challenges and risks associated with USPs.
  • Best practices for managing USPs to ensure public interest.
  1. Integrity, Ethics, and Anti-Corruption in Procurement
  • Ethical principles in public procurement.
  • Legal frameworks for combating fraud and corruption.
  • Identifying and preventing conflicts of interest, collusion, and bid rigging.
  • Due diligence on bidders and their integrity records.
  • Role of independent oversight and audit.
  1. Emerging Trends and Challenges in PPP Procurement
  • Digitalization and e-procurement platforms.
  • Sustainable procurement and ESG integration in tender documents.
  • Adapting procurement to new technologies and innovative solutions.
  • Capacity building challenges for procurement teams.
  • Lessons learned from complex PPP procurement experiences.

CERTIFICATION

  • Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

  • Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

  • Airport Pick Up is provided by the institute. Accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com

For More Details call: +254-114-087-180

 

Securing Value: Ppp Procurement Laws And Guidelines Training Course in Malaysia
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