This document provides a checklist for assessing the contract design of Public-Private Partnerships (PPPs) for infrastructure projects, with an emphasis on governance issues. The checklist contains 85 questions organized under 8 sections: Transparency, Risk Allocation, Payment Mechanism, Price Variations, Flexibility and Renegotiation, Contract Duration, Other Contractual Issues, and Subcontracting. It is intended to help minimize the likelihood of poor performance by evaluating key aspects of PPP contract design such as transparency, appropriate risk allocation, output-based payments, and provisions for changes, disputes and termination.
Procurement design is critical to the success of government contracting. Two key case studies are highlighted:
1) Melbourne trams and trains franchises - The franchises were operationally successful but one operator withdrew after suffering $300 million in losses due to an unrealistic bid based on misunderstanding requirements and overestimating patronage. Officials were found to have generated "bid fever" where price was the sole factor.
2) National Health Service IT project - The project was beset by delays and cost overruns after requirements were poorly defined at the start. Officials failed to properly understand the scale and complexity of the project.
The lessons are that procurement officials must clearly define requirements upfront, avoid competitions solely
This document provides tips for design professionals to review contracts, including:
1) It outlines 5 steps to review a contract, including determining the contract type, evaluating key elements, checking scope, time and compensation, coordinating design and construction contracts, and using review resources.
2) Key elements that should be clearly defined include scope of services, compensation, time for delivery, and allocating risk to the party best able to control it.
3) Design professionals should use checklists to ensure scope, expectations, responsibilities, disputes, indemnities, opinions of cost, intellectual property, standard of care, termination and electronic information are adequately addressed.
Procurement in Focus - the pros and cons of various project delivery modelsConstruction in Focus
Choosing the correct project delivery model is a vital aspect of ensuring an infrastructure project is successful. Using the right delivery model for a given project ensures contractual obligations are allocated appropriately, risks are managed and objectives delivered. This article outlines the key factors that inform which delivery model will work best for a given project, then details the ideal uses of different delivery models, along with each of their pros and cons.
LNG Industry Magazine (Commercial Quality Control The Missing Link) Jan 2017Joe Hughes
This document introduces the concept of commercial quality control as an approach to managing risks across the lifecycle of LNG projects. It involves applying traditional quality control practices used in manufacturing to commercial activities like contracting, staffing, and project management. This helps move more impact factors to the controllable side. The top five areas of focus are ownership structure, contracts, scope and change control, people, and independent oversight. Commercial quality control emphasizes measurability, auditability and controllability in contracts from the start. It can help identify and mitigate risks to optimize returns for stakeholders.
1. The document provides guidance on international competitive bidding procedures for procurement under ADB financing projects. It discusses key steps like advertising bids, evaluating bids, and awarding contracts.
2. Contract packaging aims to divide project requirements into a manageable number of contracts large enough for international competition. Factors like nature, value, and market conditions are considered to determine appropriate contract groupings.
3. The document outlines different types of contracts like turnkey contracts where a single contractor is responsible for design, construction and operation of a facility, and alternatives like design-build that involve less employer control but may have cost advantages. Proper contract selection depends on project complexity and capacity of executing agencies.
Distributed Agile teams and alternative contractual forms - what works best?Greg Hutchings
Greg Hutchings is an expert in distributed agile teams and alternative contractual forms for engaging large distributed agile teams. The document outlines Greg's background and experience and provides an agenda for a session on distributed agile teams and contracts. The session will cover building and supporting contracts for distributed agile teams, case studies, and different types of contractual agreements like fixed-bid, time and materials, and pay for production contracts. It will also discuss key elements to address in contracts like planning releases and iterations, defining roles and responsibilities, and estimating work.
This document describes a proof of concept for a COCKPIT toolkit. It outlines various use cases and roles for the toolkit, including end-users, service providers, and support. It also provides screenshots and descriptions of the steps involved in using the toolkit, such as defining a service concept, invoking opinion mining and policy/law tools, modeling a service, estimating costs/value, simulating alternatives, and facilitating citizen deliberation. The overall goal is to provide a methodology and software tools to design public services through stakeholder engagement and simulation.
Procurement design is critical to the success of government contracting. Two key case studies are highlighted:
1) Melbourne trams and trains franchises - The franchises were operationally successful but one operator withdrew after suffering $300 million in losses due to an unrealistic bid based on misunderstanding requirements and overestimating patronage. Officials were found to have generated "bid fever" where price was the sole factor.
2) National Health Service IT project - The project was beset by delays and cost overruns after requirements were poorly defined at the start. Officials failed to properly understand the scale and complexity of the project.
The lessons are that procurement officials must clearly define requirements upfront, avoid competitions solely
This document provides tips for design professionals to review contracts, including:
1) It outlines 5 steps to review a contract, including determining the contract type, evaluating key elements, checking scope, time and compensation, coordinating design and construction contracts, and using review resources.
2) Key elements that should be clearly defined include scope of services, compensation, time for delivery, and allocating risk to the party best able to control it.
3) Design professionals should use checklists to ensure scope, expectations, responsibilities, disputes, indemnities, opinions of cost, intellectual property, standard of care, termination and electronic information are adequately addressed.
Procurement in Focus - the pros and cons of various project delivery modelsConstruction in Focus
Choosing the correct project delivery model is a vital aspect of ensuring an infrastructure project is successful. Using the right delivery model for a given project ensures contractual obligations are allocated appropriately, risks are managed and objectives delivered. This article outlines the key factors that inform which delivery model will work best for a given project, then details the ideal uses of different delivery models, along with each of their pros and cons.
LNG Industry Magazine (Commercial Quality Control The Missing Link) Jan 2017Joe Hughes
This document introduces the concept of commercial quality control as an approach to managing risks across the lifecycle of LNG projects. It involves applying traditional quality control practices used in manufacturing to commercial activities like contracting, staffing, and project management. This helps move more impact factors to the controllable side. The top five areas of focus are ownership structure, contracts, scope and change control, people, and independent oversight. Commercial quality control emphasizes measurability, auditability and controllability in contracts from the start. It can help identify and mitigate risks to optimize returns for stakeholders.
1. The document provides guidance on international competitive bidding procedures for procurement under ADB financing projects. It discusses key steps like advertising bids, evaluating bids, and awarding contracts.
2. Contract packaging aims to divide project requirements into a manageable number of contracts large enough for international competition. Factors like nature, value, and market conditions are considered to determine appropriate contract groupings.
3. The document outlines different types of contracts like turnkey contracts where a single contractor is responsible for design, construction and operation of a facility, and alternatives like design-build that involve less employer control but may have cost advantages. Proper contract selection depends on project complexity and capacity of executing agencies.
Distributed Agile teams and alternative contractual forms - what works best?Greg Hutchings
Greg Hutchings is an expert in distributed agile teams and alternative contractual forms for engaging large distributed agile teams. The document outlines Greg's background and experience and provides an agenda for a session on distributed agile teams and contracts. The session will cover building and supporting contracts for distributed agile teams, case studies, and different types of contractual agreements like fixed-bid, time and materials, and pay for production contracts. It will also discuss key elements to address in contracts like planning releases and iterations, defining roles and responsibilities, and estimating work.
This document describes a proof of concept for a COCKPIT toolkit. It outlines various use cases and roles for the toolkit, including end-users, service providers, and support. It also provides screenshots and descriptions of the steps involved in using the toolkit, such as defining a service concept, invoking opinion mining and policy/law tools, modeling a service, estimating costs/value, simulating alternatives, and facilitating citizen deliberation. The overall goal is to provide a methodology and software tools to design public services through stakeholder engagement and simulation.
The document contains questions from an HR audit of a company. It requests information about the company background, industry, business strategy and how HR strategy aligns with it. It also contains questions about HR policies, programs, manpower planning, recruitment, training, performance management, compensation and benefits. The questions are seeking to understand the company's HR strategies, processes, programs and their effectiveness in supporting the business objectives.
This document discusses the need for evidence-based reward management. It notes that while organizations spend significant resources on pay and benefits, many lack concrete evidence to evaluate the effectiveness of their reward practices. The document reviews literature on evaluating reward impact and identifies a lack of studies providing practical methodologies for practitioners. It then describes research conducted to understand how organizations currently evaluate rewards and why doing so is important. Finally, it proposes a model for evidence-based reward management to help practitioners better review and assess their reward programs.
This document is the employee handbook for [Company Name]. It outlines company policies such as the at-will nature of employment, equal opportunity employment, business ethics, personal relationships in the workplace, immigration compliance, conflicts of interest, non-disclosure of confidential information, disability accommodation, employment categories including full-time, introductory and temporary, access to personnel files, requirements to notify the company of personal data changes, an introductory employment period of 90 days, and the importance of accuracy in employment applications. Employees are asked to review and acknowledge the handbook.
The manual contains an introduction to job evaluation, outlining what it is and its purpose. It also describes Descon Chemicals' job evaluation scheme, which uses 15 factors to evaluate jobs, including technical know-how, management know-how, and responsibility levels. Guidelines are provided for how to rate jobs on these factors and maintain the job evaluation program.
This document summarizes research on toxic leadership. It defines toxic leadership as leadership that causes long-lasting harm to followers and organizations through negative behaviors and personal characteristics. Toxic leaders lack concern for followers, negatively impact culture, and are driven by self-interest. The document then explores the origins of toxic leadership, tracing how vulnerabilities or threats to status can elicit toxic behaviors. It also examines how organizations and followers can enable toxic leadership through policies, competition, and avoiding disagreeing with leaders. The impacts of toxic leadership are outlined as decreased motivation, satisfaction and commitment at both individual and organizational levels. Finally, reasons toxic leaders may still be accepted are discussed, such as initial increases in productivity before damage occurs.
This certificate certifies that Hossam Eldin Hussein has completed the required studies and possesses the qualifications to be a Certified Law of Attraction Basic Practitioner according to the Global Sciences Foundation. The certificate is signed by Dr. Steve G. Jones and Dr. Joe Vitale as presidents of the foundation and bears the signature of the administration and a certificate number.
OECD, 7th Meeting on Public-Private Partnerships - Peter LIVESEYOECD Governance
This presentation by Peter LIVESEY was made at the 7th Meeting on Public-Private Partnerships held on 17-18 February 2014. Find more information at http://www.oecd.org/gov/budgeting/ppp.htm
This document discusses infrastructure development through public-private partnerships (PPPs) like build-operate-transfer (BOT) models. It provides details on BOT structuring, including that a private company builds and operates an infrastructure asset for a set concession period before transferring it to the public sector. The document also examines options for PPPs ranging from short-term service contracts to long-term divestitures. As a case study, it outlines plans for Mumbai's first metro rail corridor to address public transportation needs through a PPP.
Do you find yourself unable to agree contract terms because of their complexity?
Are you paralysed by indecision over which elements are important?
Do you find yourself avoiding the pain of paperwork by not signing or reviewing contracts?
Do you want a quick way of sorting out if your construction contract is good to go or may cause problems later in the project?
This checklist is designed for use during the tender stage to determine whether to continue.
The checklist was developed by Sarah Fox, author of the 500-Word Contract for construction projects. If you want to know how to use 4 key elements to evaluate contracts before they are signed then 500 Words Ltd runs a 90-minute introductory workshop to help you spot the disasters waiting to happen.
For information on how we can give you the confidence to use contracts for project success, email sarah@500words.co.uk or visit www.500words.co.uk
Contractual Steps for Smooth Delivery of Infrastructure ProjectsAM Publications
Governments and public entities spend huge public money for purchase of goods, services and construction of works. Therefore, it is vital that procurement system shall not only be efficient but also be transparent, fair & just without compromising the quality of output. Various stakeholders have different interests in influencing the decision-making. This paper elaborates various possible alternative strategies available for procurement. Depending upon environment and various challenges, one can choose the best mode, method & process of procurement. The procurement could be for goods, work, services, consultancy etc. Consultancy contracts are different game altogether, because they have more emphasis on intellectual inputs rather than mere physical outcome. The scope of this paper is limited to works procurement.
Procurement design is critical to the success of government contracting. Two key case studies are highlighted:
1) Melbourne trams and trains franchises - The franchises were operationally successful but one operator withdrew after suffering $300 million in losses due to an unrealistic bid based on misunderstanding requirements and overestimating patronage. Officials were found to have generated "bid fever" where price was the sole factor.
2) National Health Service IT project - The project was beset by delays and cost overruns after requirements were poorly defined at the start. Officials failed to properly understand the scale and complexity of the project.
The lessons are that procurement officials must clearly define requirements upfront, avoid competitions solely
Procurement design is crucial to the success of government contracting. Officials must clearly specify requirements and select suitable partners at commercially sustainable prices. However, in some cases studied, contracts were signed before projects were fully defined. Additionally, excessive focus on price over quality and unrealistic assessments of requirements led to failures, as seen in the Melbourne trams and trains example where the leading operator withdrew due to large financial losses. Proper procurement design is key to aligning public and private interests and avoiding controversies.
Strengthen outcome based capital project deliveryBob Prieto
The document discusses outcomes-based contracting, which ties payment to achieving defined outcomes rather than activities or tasks. It provides definitions of outcomes-based contracting from various sectors such as construction, defense, healthcare, and social services. The key aspects are that outcomes-based contracts incentivize contractors to deliver the intended results or business outcomes, rather than just outputs or deliverables. A range of strategies are available, with the core principle being payment based on achievement of measurable performance metrics or outcomes.
Risk Mitigation In Construction ContractsIRJET Journal
This document discusses risks in construction contracts. It begins by defining what a construction contract is, noting that it is a legal agreement that governs a construction project and aims to allocate and mitigate risks between parties. It then describes the key parties that are typically involved in a construction contract - the employer/owner, contractor, subcontractors, tenderer, and agent. The document outlines some of the major risks that construction contracts aim to address, such as land acquisition risks for the owner, cost overruns and delays for contractors, and payment risks for subcontractors. Overall, the document provides background on construction contracts and highlights how they are used to allocate risks between parties involved in construction projects.
NEC4 Toolkit presentation for contractssSheila282031
The document provides an overview of the NEC Toolkit, which aims to help users of the NEC family of contracts, whether they are first-time or experienced users. It outlines what is included in the toolkit, such as instructions for use, NEC contract forms, information on what NEC is and why it exists, industry adoption, best practices, why to choose NEC, choosing the right NEC contract, NEC options, where NEC is used, the NEC community, and NEC support. The purpose is to help users make informed decisions around procurement and contract strategy when using NEC contracts.
The document outlines recommendations for various actors to curb corruption in the construction sector. It recommends that governments, clients, companies, financial institutions, trade associations, auditors, shareholders, and civil society all implement strict anti-corruption policies and work together transparently. Specific recommendations include implementing ethics codes, conducting due diligence on partners, using project integrity pacts, blacklisting corrupt companies, and establishing an independent organization to monitor standards and report corruption.
The document outlines recommendations for various actors to curb corruption in the construction sector. It recommends that governments, clients, companies, financial institutions, trade associations, auditors, shareholders, and civil society all implement strict anti-corruption policies and work together transparently. Specific recommendations include implementing ethics codes, conducting due diligence on partners, using project integrity pacts, blacklisting corrupt companies, and establishing an independent organization to monitor standards and report corruption issues.
It is a well-known fact that disputes have become an endemic feature of the Indian contract system particularly in departments handling construction activities dealing with large number of contracts to get the various work done in open Line and Construction organizations, if they are not resolved promptly they can escalate causing schedule delays, lead to claims that require litigation proceedings for resolution and destroy business relationships. The competitive nature and contractual complexity inherent within contract system can aggravate the incidence of disputes. Research over the length of time has revealed that factors such as scope changes, poor contract documentation, restricted access, unforeseen ground conditions, and contractual ambiguities are contributors of disputes. While this is widely known, disputes still prevail over such issues. Before disputes can be avoided an understanding of what the underlying conditions that contributes to their occurrence needs to be determined so that mechanisms can be put in place to prevent them from arising. In this paper it is tried to demonstrate the interdependency between key variables that contribute to disputes and to identify a number of strategies that can be adopted to reduce the immediate incidence of disputes in contract system.
This document provides an introductory guide to public private partnerships (PPPs) in Hong Kong. It defines PPPs as contractual arrangements between the public and private sectors to deliver public services. The key benefits of PPPs include enhancing investment in public services, improving value for money, removing inefficiencies, and managing risks associated with long-term projects. Common PPP models used in Hong Kong include design-build-finance-operate (DBFO) and design-build-operate (DBO) arrangements. Under these models, the private sector is involved in designing, building, financing, operating and maintaining facilities, with payments made when specified outputs and performance standards are met.
This document provides an introductory guide to public private partnerships (PPPs) in Hong Kong. It defines PPPs as contractual arrangements between the public and private sectors to deliver public services. The key benefits of PPPs include enhancing public services, realizing value for money, removing inefficiencies, and managing risks associated with long-term projects. Common PPP models for Hong Kong include design-build-finance-operate (DBFO) and design-build-operate (DBO) arrangements. Under these models, the private sector is involved in designing, building, financing, operating and maintaining facilities according to output-based specifications, with payments made when services are delivered.
This document provides an introductory guide to public private partnerships (PPPs) in Hong Kong. It defines PPPs as long-term contractual arrangements between the public and private sectors to deliver public services. The guide discusses the benefits of PPPs, including enhancing and improving public services, realizing value for money, removing inefficiencies, and managing risks. It also outlines common PPP models and structures that are suitable for Hong Kong, such as design-build-finance-operate agreements. The key benefits of PPPs are bringing private sector efficiencies to public services and delivering better quality infrastructure and services at a lower overall cost than traditional procurement methods.
The document contains questions from an HR audit of a company. It requests information about the company background, industry, business strategy and how HR strategy aligns with it. It also contains questions about HR policies, programs, manpower planning, recruitment, training, performance management, compensation and benefits. The questions are seeking to understand the company's HR strategies, processes, programs and their effectiveness in supporting the business objectives.
This document discusses the need for evidence-based reward management. It notes that while organizations spend significant resources on pay and benefits, many lack concrete evidence to evaluate the effectiveness of their reward practices. The document reviews literature on evaluating reward impact and identifies a lack of studies providing practical methodologies for practitioners. It then describes research conducted to understand how organizations currently evaluate rewards and why doing so is important. Finally, it proposes a model for evidence-based reward management to help practitioners better review and assess their reward programs.
This document is the employee handbook for [Company Name]. It outlines company policies such as the at-will nature of employment, equal opportunity employment, business ethics, personal relationships in the workplace, immigration compliance, conflicts of interest, non-disclosure of confidential information, disability accommodation, employment categories including full-time, introductory and temporary, access to personnel files, requirements to notify the company of personal data changes, an introductory employment period of 90 days, and the importance of accuracy in employment applications. Employees are asked to review and acknowledge the handbook.
The manual contains an introduction to job evaluation, outlining what it is and its purpose. It also describes Descon Chemicals' job evaluation scheme, which uses 15 factors to evaluate jobs, including technical know-how, management know-how, and responsibility levels. Guidelines are provided for how to rate jobs on these factors and maintain the job evaluation program.
This document summarizes research on toxic leadership. It defines toxic leadership as leadership that causes long-lasting harm to followers and organizations through negative behaviors and personal characteristics. Toxic leaders lack concern for followers, negatively impact culture, and are driven by self-interest. The document then explores the origins of toxic leadership, tracing how vulnerabilities or threats to status can elicit toxic behaviors. It also examines how organizations and followers can enable toxic leadership through policies, competition, and avoiding disagreeing with leaders. The impacts of toxic leadership are outlined as decreased motivation, satisfaction and commitment at both individual and organizational levels. Finally, reasons toxic leaders may still be accepted are discussed, such as initial increases in productivity before damage occurs.
This certificate certifies that Hossam Eldin Hussein has completed the required studies and possesses the qualifications to be a Certified Law of Attraction Basic Practitioner according to the Global Sciences Foundation. The certificate is signed by Dr. Steve G. Jones and Dr. Joe Vitale as presidents of the foundation and bears the signature of the administration and a certificate number.
OECD, 7th Meeting on Public-Private Partnerships - Peter LIVESEYOECD Governance
This presentation by Peter LIVESEY was made at the 7th Meeting on Public-Private Partnerships held on 17-18 February 2014. Find more information at http://www.oecd.org/gov/budgeting/ppp.htm
This document discusses infrastructure development through public-private partnerships (PPPs) like build-operate-transfer (BOT) models. It provides details on BOT structuring, including that a private company builds and operates an infrastructure asset for a set concession period before transferring it to the public sector. The document also examines options for PPPs ranging from short-term service contracts to long-term divestitures. As a case study, it outlines plans for Mumbai's first metro rail corridor to address public transportation needs through a PPP.
Do you find yourself unable to agree contract terms because of their complexity?
Are you paralysed by indecision over which elements are important?
Do you find yourself avoiding the pain of paperwork by not signing or reviewing contracts?
Do you want a quick way of sorting out if your construction contract is good to go or may cause problems later in the project?
This checklist is designed for use during the tender stage to determine whether to continue.
The checklist was developed by Sarah Fox, author of the 500-Word Contract for construction projects. If you want to know how to use 4 key elements to evaluate contracts before they are signed then 500 Words Ltd runs a 90-minute introductory workshop to help you spot the disasters waiting to happen.
For information on how we can give you the confidence to use contracts for project success, email sarah@500words.co.uk or visit www.500words.co.uk
Contractual Steps for Smooth Delivery of Infrastructure ProjectsAM Publications
Governments and public entities spend huge public money for purchase of goods, services and construction of works. Therefore, it is vital that procurement system shall not only be efficient but also be transparent, fair & just without compromising the quality of output. Various stakeholders have different interests in influencing the decision-making. This paper elaborates various possible alternative strategies available for procurement. Depending upon environment and various challenges, one can choose the best mode, method & process of procurement. The procurement could be for goods, work, services, consultancy etc. Consultancy contracts are different game altogether, because they have more emphasis on intellectual inputs rather than mere physical outcome. The scope of this paper is limited to works procurement.
Procurement design is critical to the success of government contracting. Two key case studies are highlighted:
1) Melbourne trams and trains franchises - The franchises were operationally successful but one operator withdrew after suffering $300 million in losses due to an unrealistic bid based on misunderstanding requirements and overestimating patronage. Officials were found to have generated "bid fever" where price was the sole factor.
2) National Health Service IT project - The project was beset by delays and cost overruns after requirements were poorly defined at the start. Officials failed to properly understand the scale and complexity of the project.
The lessons are that procurement officials must clearly define requirements upfront, avoid competitions solely
Procurement design is crucial to the success of government contracting. Officials must clearly specify requirements and select suitable partners at commercially sustainable prices. However, in some cases studied, contracts were signed before projects were fully defined. Additionally, excessive focus on price over quality and unrealistic assessments of requirements led to failures, as seen in the Melbourne trams and trains example where the leading operator withdrew due to large financial losses. Proper procurement design is key to aligning public and private interests and avoiding controversies.
Strengthen outcome based capital project deliveryBob Prieto
The document discusses outcomes-based contracting, which ties payment to achieving defined outcomes rather than activities or tasks. It provides definitions of outcomes-based contracting from various sectors such as construction, defense, healthcare, and social services. The key aspects are that outcomes-based contracts incentivize contractors to deliver the intended results or business outcomes, rather than just outputs or deliverables. A range of strategies are available, with the core principle being payment based on achievement of measurable performance metrics or outcomes.
Risk Mitigation In Construction ContractsIRJET Journal
This document discusses risks in construction contracts. It begins by defining what a construction contract is, noting that it is a legal agreement that governs a construction project and aims to allocate and mitigate risks between parties. It then describes the key parties that are typically involved in a construction contract - the employer/owner, contractor, subcontractors, tenderer, and agent. The document outlines some of the major risks that construction contracts aim to address, such as land acquisition risks for the owner, cost overruns and delays for contractors, and payment risks for subcontractors. Overall, the document provides background on construction contracts and highlights how they are used to allocate risks between parties involved in construction projects.
NEC4 Toolkit presentation for contractssSheila282031
The document provides an overview of the NEC Toolkit, which aims to help users of the NEC family of contracts, whether they are first-time or experienced users. It outlines what is included in the toolkit, such as instructions for use, NEC contract forms, information on what NEC is and why it exists, industry adoption, best practices, why to choose NEC, choosing the right NEC contract, NEC options, where NEC is used, the NEC community, and NEC support. The purpose is to help users make informed decisions around procurement and contract strategy when using NEC contracts.
The document outlines recommendations for various actors to curb corruption in the construction sector. It recommends that governments, clients, companies, financial institutions, trade associations, auditors, shareholders, and civil society all implement strict anti-corruption policies and work together transparently. Specific recommendations include implementing ethics codes, conducting due diligence on partners, using project integrity pacts, blacklisting corrupt companies, and establishing an independent organization to monitor standards and report corruption.
The document outlines recommendations for various actors to curb corruption in the construction sector. It recommends that governments, clients, companies, financial institutions, trade associations, auditors, shareholders, and civil society all implement strict anti-corruption policies and work together transparently. Specific recommendations include implementing ethics codes, conducting due diligence on partners, using project integrity pacts, blacklisting corrupt companies, and establishing an independent organization to monitor standards and report corruption issues.
It is a well-known fact that disputes have become an endemic feature of the Indian contract system particularly in departments handling construction activities dealing with large number of contracts to get the various work done in open Line and Construction organizations, if they are not resolved promptly they can escalate causing schedule delays, lead to claims that require litigation proceedings for resolution and destroy business relationships. The competitive nature and contractual complexity inherent within contract system can aggravate the incidence of disputes. Research over the length of time has revealed that factors such as scope changes, poor contract documentation, restricted access, unforeseen ground conditions, and contractual ambiguities are contributors of disputes. While this is widely known, disputes still prevail over such issues. Before disputes can be avoided an understanding of what the underlying conditions that contributes to their occurrence needs to be determined so that mechanisms can be put in place to prevent them from arising. In this paper it is tried to demonstrate the interdependency between key variables that contribute to disputes and to identify a number of strategies that can be adopted to reduce the immediate incidence of disputes in contract system.
This document provides an introductory guide to public private partnerships (PPPs) in Hong Kong. It defines PPPs as contractual arrangements between the public and private sectors to deliver public services. The key benefits of PPPs include enhancing investment in public services, improving value for money, removing inefficiencies, and managing risks associated with long-term projects. Common PPP models used in Hong Kong include design-build-finance-operate (DBFO) and design-build-operate (DBO) arrangements. Under these models, the private sector is involved in designing, building, financing, operating and maintaining facilities, with payments made when specified outputs and performance standards are met.
This document provides an introductory guide to public private partnerships (PPPs) in Hong Kong. It defines PPPs as contractual arrangements between the public and private sectors to deliver public services. The key benefits of PPPs include enhancing public services, realizing value for money, removing inefficiencies, and managing risks associated with long-term projects. Common PPP models for Hong Kong include design-build-finance-operate (DBFO) and design-build-operate (DBO) arrangements. Under these models, the private sector is involved in designing, building, financing, operating and maintaining facilities according to output-based specifications, with payments made when services are delivered.
This document provides an introductory guide to public private partnerships (PPPs) in Hong Kong. It defines PPPs as long-term contractual arrangements between the public and private sectors to deliver public services. The guide discusses the benefits of PPPs, including enhancing and improving public services, realizing value for money, removing inefficiencies, and managing risks. It also outlines common PPP models and structures that are suitable for Hong Kong, such as design-build-finance-operate agreements. The key benefits of PPPs are bringing private sector efficiencies to public services and delivering better quality infrastructure and services at a lower overall cost than traditional procurement methods.
This document discusses presentation issues for insurance contracts based on the IASB's ED and FASB's DP. It outlines ACLI's previous recommendations, including disaggregating insurance liability components and separating insurance vs investment activity. It also summarizes the proposed presentation model in the ED and key questions for the subgroup, such as what principles should guide presentation, whether measurement should determine presentation, and what level of disaggregation is appropriate. The subgroup's previous discussion favored financial statements that provide useful information, reflect the nature of the business, and allow performance assessment, questioning if a net liability presentation achieves this based on the building blocks approach.
10 Essentials For An Effective Construction ContractSarah Fox
An overview of the 10 aspects every contract for a construction works package (however large or small) needs to include to make it an effective tool.
These 10 essentials are the foundation to the 500-Word Contract (TM), developed as a basis for construction contracts in England/Wales. They are also a checklist for your own terms and conditions.
For more information go to www.500words.co.uk or send Sarah an email sarah@500words.co.uk
1. The document discusses the stages and purpose of contract auditing for long-term construction projects. It covers pre-contract investigations, currency of contract investigations, final contract investigations, and post-completion investigations.
2. Key aspects that a contract auditor examines include accuracy of costs and revenues recorded, recognition of contract profits and losses, and compliance with disclosure requirements in IAS 11.
3. A contract auditor needs an understanding of both financial and technical construction matters to effectively audit contracts and have meaningful discussions with other project professionals.
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
This document discusses project execution and contracting. It explains that large projects are normally contracted out, while small projects may be done in-house. Medium projects can be a mix of contracting and in-house work. Statutory approvals are required before project execution. Contracts must satisfy elements like offer/acceptance and consideration to be valid. Turnkey contracts assign all responsibility to the contractor, while non-turnkey contracts divide the work into packages contracted separately. Tenders are used to solicit bids from contractors in a transparent manner.
The document provides wisdom and advice for managers from experienced managers. It outlines several pieces of advice, including: don't be afraid to say "I don't know"; never gossip; no task is beneath you as a manager; share credit whenever possible; ask for help if you need it; keep your financial compensation private; don't let dislike for someone show if they outrank you; let grievances go and don't hold grudges; and don't gloat when you're proven right. It also recommends asking questions of employees to understand issues and get feedback to improve business operations.
This document contains the resume of Hossam Hussein, who has over 19 years of experience in senior administrative, operational, and public relations roles, especially related to handling matters with the government in the UAE. He currently works as a partner and consultant for a business consultancy company in Dubai, where he helps increase sales and profits for clients. Previously he has held roles like area manager, HR manager, and general manager for various companies where he oversaw tasks like operations, legal projects, recruitment, and budget management.
issued by Ijser for our book adopting anger management on January editions
we have many books on pipeline on ( business ,management ,self help, self growth ,meditation we looking for publisher to assist us on kindle platform
The document is a certificate of acceptance from the International Journal of Scientific & Engineering Research (IJSER) for a research paper titled "Anger Management Guid" submitted by Hossam Hussein on February 7, 2017. The certificate confirms that the journal's review board has accepted the submitted paper for publication.
This certificate certifies that Hossam Eldin Hussein has completed the required studies and qualifications to be registered as a Certified NLP Practitioner by the American Union of NLP. The certificate is signed by the President, Dr. Steve G. Jones, and bears the registration number 5336 and date of February 2nd, 2017 to verify Hossam Eldin Hussein's certification.
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1. Best Practices on Contract Design in
PPPs: Checklist
Report prepared for the World Bank
BY
Elisabetta Iossa
Giancarlo Spagnolo
Mercedes Vellez
FIRST DRAFT
September, 2007
2. Contents
I. Transparency
II. Risk allocation
III. Payment mechanism
IV. Price variations
V. Flexibility and Renegotiation
VI. Contract duration
VII. Other contractual issues
VIII. Subcontracting
Best Practices on Contract Design: CHECKLIST
The following checklist takes stock of a number of issues that should be addressed in assessing the
contract design of Public-Private Partnerships for infrastructure projects, with particular emphasis to
Governance issues. Its structure and content are based on the accompanying best practices on
contract design in order to minimize the likelihood of poor performance of a PPP, but the order is
slightly modified to focus them on governance issues. Questions in bold are particularly important
for the Governance of PPPs, and should therefore have higher weight in the evaluation.
3. I. TRANSPARENCY Yes/No Comments
1. Are the final contract and all other documents publicly disclosed in a proactive way?
2. If part of the contractual documentation is not disclosed, did it pass a tight test that
evaluates that it is truly ‘commercially sensitive’ information, or that there is a public
interest in keeping it confidential, against the presumption that they are not?
3. Are output specifications, performance targets, and payment mechanism (including
deductions or fines for low performance) put in the public domain?
4. Does the contract require to proactively disclose measurements contractor performance
along the development of the project, and payment changes connected to the measured
performance?
5. Does the contract require to proactively disclose motivation and cost assessment of any
change in output or in other terms of the contract before approval?
6. Does the contract require to proactively disclose methodology and results of all
benchmarking and market testing exercises the contract requires?
7. Is the above information disclosed in an electronic form in the main page of the project?
8. Is the above information disclosed within a pre-determined and short time from its
emergence?
9. Are the disclosure requirements compulsory?
10. Does the contract itself specify such disclosure rules?
II. RISK ALLOCATION Yes/No Comments
11. Have the main risks of the project been identified?
12. Does the contract transfer risks to the private-sector party that it can control?
13. Does the public-sector party bear risks that the private-sector cannot control?
14. Are the risks properly allocated in order to give appropriate incentives to the private-sector
party?
III. PAYMENT MECHANISM Yes/No Comments
15. Are the required service standards based on output specifications?
16. Are all these service standards easily monitorable and verifiable?
4. 17. If not, are other objective measures of performance specified?
18. Are customer satisfaction surveys used to monitor performance of the private-sector party?
19. If yes, are customer satisfaction surveys carried out by an independent third party?
20. Does the contract exhibit a consistent link between output specifications, risk allocation and
incentives, and the payment mechanism?
21. Is the payment mechanism consistent with the allocation of risks between the public and
private parties, and hence with the incentives given to the private-sector party?
22. Is the payment due to the private-sector party conditional on service provision?
23. Does the contract specify a service commencement day after which the first payment is
made?
24. Does the public-sector party impose sufficient contractual protections from delays in
service commencement, like robust deductions and liquidated damages?
25. If the payment mechanism is based on user charges, does the tariff level ensure the bankability
of the project?
26. Does the level of tariff discourage demand, particularity if there is an alternative free-available
service?
27. Are there provisions to combine user charges with any form of subvention from the
public-sector party?
28. Do these subventions depend on the private-sector performance, like subventions based
on the number of users?
29. Is the private-sector party allowed to collect secondary revenues, like advertisement, food
services, etc.?
30. If the revenues collected by the private-sector party turn out to be higher than expected, are
there mechanisms to limit the private sector profits, like sharing surplus revenues?
31. If the payment mechanism is based on usage, is the definition of service usage measurable and
observable, like traffic volumes?
32. Is the usage payment capped for high levels of usage?
33. Does the payment mechanism include bonuses or deductions according to availability of the
service and/or performance targets?
5. 34. Do deductions vary according to the severity of the availability/performance failure?
35. Does the contract include clear rectification periods providing the private-sector party with
clear deadlines within which to rectify the failures to avoid additional and increasing deductions?
36. Do deduction payments use a ratchet mechanism where deductions increase with the duration
and frequency of the failure?
IV. PRICE VARIATIONS Yes/No Comments
37. Does the contract include provisions allowing tariffs or usage payments to vary according to
the evolution of costs that are independent of contractor’s performance?
38. Does the contract include indexation clauses?
39. Does the contract specify the price index to be applied?
40. Does indexation apply to the proportion of tariffs or usage payments that matches the
proportion of the private-sector party variable costs in total costs?
41. Does the contract specify the frequency of tariffs or usage payments indexation?
42. Does the contract require and detail market testing or benchmarking procedures?
43. Is the market competitive enough to apply market testing procedures?
44. Does the contract specify the frequency of the market testing or benchmarking
procedures?
V. FLEXIBILITY AND RENEGOTIATION Yes/No Comments
45. Are all anticipated (foreseen) changes in service provision pre-specified in the contract,
so they can be part of the initial bid?
46. Does the contract include provisions allowing the public-sector party to require other likely
small changes that cannot be pre-specified exactly and therefore cannot be priced at the
competitive tendering stage?
47. If yes, does the contract pre-specify exactly how compensation to the private-sector party for
the extra costs arising from these required small changes should be calculated?
48. In particular, is any cost reimbursement compensation backed by benchmarking or
market testing procedures before changes are approved and implemented?
6. 49. Is there a third party (e.g. panel of experts) involved in approving the cost
reimbursement before changes are implemented?
50. For completely unanticipated large change needs, does the contract precisely specify a
transparent change protocol through which proposed changes are requested, assessed,
approved, and implemented?
51. Are independent third parties involved in such a change protocol and in particular at the
approval stage?
52. Does the change protocol require and detail benchmarking or market testing procedures
before these larger unanticipated changes are approved and implemented?
53. Does the contract specify a freeze period at the beginning of the contract life within
which no change can be requested by any party?
54. Is this freeze period proportional to the construction phase period of the project?
55. Is this freeze period longer for contract changes required by the private-sector party
than for those required by the public-sector party?
56. Does the contract specify fees to accompany the private-sector demand for contract
changes to be withheld by the public-sector party if the change requested is rejected?
VI. CONTRACT DURATION Yes/No Comments
57. Does the contract specify its duration?
58. Do the contract length and the payment profile ensure the bankability of the project?
59. Does contract duration encourage non-contractible investments?
60. Does contract duration include review periods (recurrent possibilities to stop or renew the
contract to the incumbent contractor) to be used as an in-kind reward for the private-sector party’s
good performance?
61. Are contract renewals contractually conditioned on reaching pre-specified target levels of
performance?
62. Does contract duration allow the private-sector party to exploit economies of scale?
63. If the project involves the provision of soft and hard services by the private-sector party, do
these services have different contract duration (shorter the former, much longer the latter)?
7. VII. OTHER CONTRACTUAL ISSUES Yes/No Comments
64. Does the contract include a dispute resolution mechanism?
65. If yes, does the procedure involve different stages for resolving disputes?
66. Does the dispute resolution mechanism envisage appointing of PPP experts or arbiter among
distinguished professionals?
67. Are there strict deadlines specified for the PPP experts/arbiter to make decisions and reach
resolution?
68. Are the decisions made by experts/arbiter enforceable?
69. Does the contract include provisions allowing the public-sector party to step-in?
70. Doest the contract specify the circumstances under which the public-sector party is entitled to
step-in?
71. Does the contract specify who should bear the costs arising from the public sector’s step-in
actions?
72. Does the contract include provisions allowing the lenders of the project to step-in?
73. Doest the contract specify the circumstances under which the lenders are entitled to step-in?
74. Does the contract include early termination clauses?
75. Does the contract specify the circumstances under which the private-sector party has the right
to terminate the contract before the contract expires because of a public-sector party default?
76. Does the contract specify the circumstances under which the public-sector party has the right
to terminate the contract before the contract expires because of a private-sector party default?
77. Does the contract specify the circumstances under which the public-sector party has the right
to voluntarily terminate the contract?
78. Does the contract specify the compensation payable to the private-sector party in the above
cases?
79. Does the contract include provisions for early contract termination because of force majeure
events?
80. Does the contract specify these force majeure events?
81. Does the contract consider corrupt gifts and fraud as causes for early contract termination?
8. VIII. SUBCONTRACTING Yes/No Comments
82. Does the contract impose any restriction on subcontractors in order to avoid conflicts of
interest?
83. Does the contract entitle the public-sector party to approve the replacement of subcontractors?
84. Does the contract impose liquidated damages on non-performing subcontractors?
85. Does the contract specify that the employment of subcontractors will terminate whenever the
contractual relationship between the public and private parties terminate?