ABOUT US |
|
PUBLIC PRIVATE PARTNERSHIP
AGREEMENTS |
COURSE
OVERVIEW
Many organisations in the
public sector are reliant on the delivery of services through public-private
partnerships or initiatives. However, the negotiation of such contracts has
proven fraught and the outcomes debateable. This unique course brings
together the commonest issues, to provide a single source for a reviewer’s
all round understanding of the risks and core controls.
COURSE
BENEFITS
Skills:
After completion of this
course, you will be able to:
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Appreciate the nature
and distribution of public private partnerships
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Demonstrate an
understanding of the issues related to public private partnerships
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Evaluate and audit a
public private partnership agreement
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Form an audit opinion
of the adequacy and effectiveness of a public private partnership
agreement
Support Materials:
This course is accompanied by
a substantial manual that includes full briefing notes.
WHO SHOULD
ATTEND
This course is designed for
all reviewers, particularly internal auditors that need to review a Public
Private Partnership agreement.
COURSE Programme
Public Private Partnerships -
Dynamics
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The intention and drivers
behind public private partnerships
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Statistics related to uptake
of PPP in the UK
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Estimates of the numbers of
good and bad PPP contracts
Public Private Partnerships -
Issues
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Contracts that failed
strategic or financial expectations - examples
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Contracts that resulted in
dispute or in court – examples
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Contracts that demonstrated
failure of governance or adversely impacted the community – examples
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Contracts that had issues
corrected after negotiation – examples
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Lessons learned from
contract issues
Public Private Partnerships –
Reviewing Strategy
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Right to audit and inspect
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The approach to a PPP audit
review
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Gathering information and
collecting benchmarking data
Pre-Letting Issues
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Pre-letting strategic
objectives and benefits analysis
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Pre-letting risk analysis
and due diligence
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Pre-letting tendering
process and negotiation strategy
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Contract term and duration –
penalties for early termination
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Right to terminate – renew -
vary
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Authorisation and authority
for binding, and for variations and amendments
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Survivorship – matters that
continue after the contract terminates
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Treatment of assets supplied
or loaned under the partnership agreement
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Partner commitments,
warranties, performance bonds, and distribution of risk and loss
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Limitation of liability and
waivers
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Indemnity against third
party claims, insurance by partner, employer’s liability insurance
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Financial instruments,
pricing, tariffs, invoicing and payments – the process, under, over and
advance payments, payment of legal fees and costs
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Payments of commission to
third parties and tied or independent Status of Partner
Post-Letting Issues
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Installation, commissioning
and acceptance
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Service Level Agreements and
standard of performance - failure to perform
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Inter-party communications
and co-operation
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Ownership of data and
process
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Disputes and arbitration
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Termination states and
procedures
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Third party funding
withdrawal
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Non-exclusive remedies and
liquidated damages
Audit Opinions
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Reviewing – opinion on
effectiveness, performance, yield and value for money, accountability and
administration
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Reviewing – opinion on
governance, regulation, ethics and financial control
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Reporting on issues that
cannot be corrected
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Reporting on risks that can
be corrected
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Generating lessons learned
structures
PRESENTED BY:
This course is designed, developed and presented by MindGrove Ltd. |
