The objective of the Port & Terminal Concessions Course is to enable participants to implement a successful long-term port Public Private Partnership by providing guidelines for an optimal tender process and sharing in depth knowledge on valuable, bankable and enforceable port concession agreements.
The course will provide participants with an approach to design, implement and manage port concession agreements. The course is structured along the phases of concession contract implementation: Selecting the optimal PPP structure, designing the tender process, structuring the concession agreement and implementing and managing the concession contract. The position of the relevant stakeholders in port and terminal industry are covered thoroughly, including Governments, Port Authorities, Terminal Operators, Shipping Lines, Equity Investors and Banks.
Modules
The training course consists of four modules spread over two days.
Materials
Participants will be provided with the following curriculum materials:
- Course Planning
- Case Studies
- Handouts for all the modules
- Additional reading
Each training day will run from 9am – 5pm – and all materials, refreshments and lunch are included in the course fee. Plenty of time will be set aside throughout the training program to review the specific course aspects and reflect within the group. There are follow-up actions to continue the development and encourage post-course contact between delegates and course leaders. Participants are required to bring a laptop with MS Excel.
Day 1
09:00 - 13:00
MODULE 1: Introduction of Port PPP's
- Course Introduction & Organization
- Port Management Models
- Contract Types
- Risk & Mitigation
14:00 - 17:00
MODULE 2: Tender Process
- Institutional Setting
- Tender Options & Steps in the Tender Process
- Qualification & Selection
- Case Example
Day 2
09:00 - 13:00
MODULE 3: Concession Agreement
- Project Contracts & Risks
- Structure of Concession Agreement
- Main Components of Concession Agreement
14:00 - 17:00
MODULE 4: Managing the Contract, Monitoring & Enforcing
- Managing the contract, monitoring & enforcing
- What if things go wrong (Breach, change in law etc.)
- Termination & Handback
- Lesson Learnt from real-life cases
About the MTBS trainers and Bowmans Guest Speakers
Reinout Polders is a senior consultant at MTBS. He has extensive experience with port advisory projects. His main expertise is focused on financial and economic valuation of port (PPP) projects. Mr. Polders passed Level III of the CFA exam. Mr. Polders is a trained financial modeller and has been involved in multiple major Port Transaction Projects. Mr. Polders is currently involved in MTBS' transaction mandates in Canada (Vancouver), Georgia (Anaklia Port) and Tanzania (Dar es Salaam). Mr. Polders has working experience in Africa (South Africa, Nigeria, Kenya, Ethiopia, Tanzania and Somaliland), the Middle East (Saudi Arabia, Oman and Egypt) and Europe (Georgia, the Netherlands, Slovenia, UK and Ireland).
Robert Schot is Manager for MTBS and is specialized in the fields of port transactions, financial modelling, economic impact analysis, business case analysis, project finance and PPP structuring. He has gained experience through numerous port and shipping related projects executed worldwide. For public authorities, he has been involved in the preparation and implementation of various large port privatisation deals. Main services provided are related to the structuring of the transaction and procurement strategy, preparation of tender documents, bid evaluations and advising clients in their negotiations with private bidders. Also on behalf of private companies, he assisted clients in the preparation of their bids, with a focus on financial modelling and financial engineering services. Besides transaction/financial advisory skills, specific experience was acquired in the field of structuring and developing port concession contracts, defining optimal risk allocation schemes, project bankability assessments and commercial/financial due diligences.
Andrew Pike is the head of Bowmans Ports, Transport and Logistics sector.He has acted for numerous clients in due diligence investigations, risk assessments and transactional work. He conducts various shipping training and lecturing on behalf of the Institute of Chartered Shipbrokers, the South African Maritime Safety Authority and the University of KwaZulu-Natal.Andrew is frequently invited to speak at international conferences on a variety of subjects.Andrew is a Fellow of the Institute of Risk Management of South Africa, a past-president of the Maritime Law Association of South Africa and a past-board member of the Ports Regulator of South Africa.He has BA and LLB degrees from the University of the Witwatersrand. Andrew is also a Fellow of the Institute of Risk Management of South Africa (F.I.R.M.S.A) (2001), Past-President, Maritime Law Association of South Africa, Past-Board Member, Ports Regulator of South Africa.
Trudie Nichols is partner in Bowmans Durban office, part of the Ports, Transport and Logistics sector and has a mixed litigation and non-contentious practice.Trudie has legal and consulting experience within the Ports, Transports and Logistics sector. She has conducted due diligences and provided advice to clients in relation to the existing and regulatory port legislation and legal framework including analysis of applicable environmental legislation.She is a past chairperson of the Association of Woman in Insurance and a member of The Maritime Law Association of South Africa and the Association of Woman in Insurance.She has a BA and LLB degree from the University of KwaZulu-Natal and Certificates in Proficiency and Intermediate Business Studies from the Insurance Institute of South Africa.
Standard Rate: € 2495
10% discount for 2 or more delegates from the same company when booked at the same time.
Members of our partners are entitled to a special discount on the delegate price.
Please ensure you quote the Association partner when booking.
*Please note you may be asked for proof of company.
Only one discount may be applied to any booking - PFI will apply the greater discount.
Visa
Please note that Port Finance International cannot assist you with applying for or obtaining visas. For information about visa requirements and application procedures please contact your local Embassy or Consulate.
The course is organized by Port Financial International, the leading online news portal and community for the latest developments in port investment and operations, in association with MTBS, the leading port and terminal valuation & transaction advisory company and hosted by Bowmans Gilfillan, the leading Pan-African law firm.
The course is focused on the following 4 main topics:
- Structuring the Port PPP
- Designing the Tender Process
- Drafting the Concession Agreement
- Managing the Concession Agreement in Practice
The course will assume a business-driven approach, highlighting the public and private side of the contract. The material will be illustrated by drawing from recent port and terminal cases. The course will also identify key legal issues and showstoppers regularly encountered in port PPPs.
Target Audience
The Port & Terminal Concessions Course is developed as a tool for capacity building for different audiences:
- Staff members, (mid)-management and executives from the port sector, public or private, (to be) involved with port PPP and concession agreements.
- Legal specialists from public or private entities (to be) involved with port PPP and port concession agreements.
Prerequisites
For optimal results, a certain level of experience is expected. The participants are required:
- To speak English
- Be familiar with accounting basics, such as Profit & Loss acounts and Balance Sheets
Class sizes are limited to a maximum of 20 participants.
