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IMplementaton in Project Management

Jun 02, 2018

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Kartavya Bhagat
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    Project Implementation

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    Contents Introduction to Project Implementation

    Project Activation

    Project Operation

    Approaches to Project Implementation

    2

    Project Implementation Plan

    Factors Affecting Project Implementation

    Project Management Defined

    Aspects of Project Management

    Characteristics of a good Project Manager

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    Project implementation or execution follows

    up on the phases of project planning and

    initiation.

    inputs (financial, physical, informational, etc)

    to carry out the project management plan.

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    Project Implementation

    Process whereby project inputs areconverted to project outputs. May be lookedat as:

    4

    .

    Putting into practice what was proposed in theproject document (i.e. transforming the projectproposal into the actual project.)

    Management of the project or executing theproject intentions.

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    Project Implementation (cont.)

    Implementation usually done by implementingagency (organization) that prepared the project andreceived funding for it.

    5

    Other organizations that participate in theimplementation of the projectby way of collaboration, say by according good working

    relationship, extending technical advice or seconding theirstaff to the project

    are referred to as co-operating agencies.

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    Project Implementation phase

    involves: Project activation, and

    Project operation

    Project activation

    6

    This means making arrangements to have the projectstarted. It involves coordination and allocation ofresources to make project operational.

    Project operation This is practical management of a project. Here, project

    inputs are transformed into outputs to achieveimmediate objectives.

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    Boss-Centred Leadership Subordinate-Centred Leadership

    Use of Authority

    by the Manager Area of Freedom

    for Subordinates

    Mansgement Styles

    anager

    Makes

    decision and

    announces it

    Manager

    Sells

    decision

    Manager

    Presents

    Ideas and

    Invites

    questions

    Manager

    presents

    tentative

    decision

    subject to

    change

    Manager

    presents

    problem, gets

    suggestions,

    makes

    decision

    Managerdefines

    limits, asks

    group to

    make

    decision

    permits

    Subordinates

    to function

    within limits

    defined by

    superior

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    Interpersonal Skills

    Tenacity

    Make work appear

    enjoyable

    Have a Vision

    See Systems Context

    and strategic context

    of the project

    Promote Empowerment

    Characteristics of Good Project Managers

    Take Risks and

    show Courage

    Ability to Motivate

    Communication Skills

    Mentoring and Guidanceability

    Knowledge and

    Competency

    Ability to inspire Trust and

    Confidence

    Ability to keep abreast

    of all project-related

    developments

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    Strategist

    Visionary Counsellor

    Diplomat

    The Many Hats of a Project Manager

    Negotiator

    Decision-Maker Integrator Influencor

    Mentor

    Conflict Manager

    ExpeditorDesigner

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    Project Managers Role

    Managing customer expectations

    Carrying out project start-up activities

    Directing and supporting the project team by using

    leadership skills

    Communicating project status

    Managing change to control deviations from theestablished plan

    Resolving issues in a timely manner

    Maintaining the project notebook

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    A good project manager should:

    have working knowledge in several fields

    be able to understand general managerial

    Characteristics of a good project

    manager

    13

    problems

    have active interest in training anddeveloping subordinates

    be able to delegate some tasks tosubordinates

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    A good project manager should:

    know the project and understand its objectives

    know the systematic process for managing

    Characteristics of a good project

    manager (cont.)

    14

    be able to answer the following questions:

    What is the project for?Why is it required?Whom does it serve?How is it justified?How is it going to be used?

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    Innovative

    High Response Rate

    Conflict Management

    Self-Directed Committed

    Risk-Sharing

    Innovative BehaviourMembership

    Self-Development

    Charachteristics of High-Performing Teams

    High-Quality

    On-Budget

    On-Time

    Change-Oriented

    High Morale and Team Spirit

    Enjoy Work

    High Need for

    AchievementsMiminal Reliance

    On ProceduresQuality-Oriented

    Effective Cross-FunctionalInterfaces & Alliances

    Effective Communications

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    (A(Work & Team Structure

    Team participates in project definition and work plans

    evolve dynamically

    Factors Which Determine Project Team Performance

    Team structure and responsibilities evolve and change asneeded

    Broad information sharing

    Team leadership evolves on the basis of expertise, trustand respect

    Minimal dependence on bureaucracy, procedures andpolitics

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    (B) Communication & Control

    Effective cross-functional channels and linkages

    Ability to seek out and process information

    Factors Which Determine Project Team Performance

    Effective group decision-making and consensus

    Clear sense of purpose and direction

    Self-Control, accountability and ownership

    Control is stimulated by visibility, recognition,

    accomplishments, autonomy

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    (C) Team Leadership

    Minimal hierarchy in member status and position

    Factors Which Determine Project Team Performance

    ,

    trust and need

    Clear management goals, direction and support

    Inspires and encourages

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    (D Attitudes & Values

    Members are committed to established objectives and

    plans

    Factors Which Determine Project Team Performance

    Shared goals, values and project ownership

    High involvement, energy, work interest, need for

    achievement and pride, self-motivated

    Capacity for conflict resolution and resource-sharingTeam building and self-development

    Risk-sharing, mutual trust and support

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    Innovative behavior

    Flexibility and willingness to change

    High morale and team spirit

    Factors Which Determine Project Team Performance

    High commitment to established project goals

    Continuous improvement of work process,

    efficiency and quality Ability to stretch beyond agreed-on principles

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    Drivers

    Team-

    Internal

    Organizational

    Environment

    External

    Business

    Environment

    Model for Analyzing Team Performance

    Managerial

    Leadership

    Barriers

    ristics

    and

    Team

    Performance

    Internal

    Organizational

    Environment

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    Clear project plans and objectives

    Good interpersonal relations and shared values

    Good project leadership and credibility

    Professional growth potential

    Professionall interestin and stimulatin work

    Project Team Performance The Drivers

    Project visibility and high priority

    Proper technical direction and team leadership

    Qualified, competent team personnel Recognition of sense of accomplishment

    Management involvement and support

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    Communication problems Conflict among team members or between team and support

    organizations

    Different outlooks, objectives and priorities perceived byteam members

    Poor qualification of team or project leader

    Project Team Performance The Barriers

    ,

    Insufficient resources

    Insufficient rewards

    Lack of project challenge and interest

    Lack of senior management support, interest and involvement Lack of team definition, role conflict and confusion

    Lack of team member commitment

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    Project Team Performance The

    Barriers Poor project team / personnel selection

    Shifting goals and priorities

    Unclear team leadership and power struggle

    Unstable project environment, poor jobsecurity and anxieties

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    Negotiate the work assignment Communicate organizational goals and objectives

    Plan the project effectively

    Staff and organize the project team

    Define the project organization, interfaces andre ortin relations

    Effective Team Management Some Recommendations

    Build a high-performance image

    Define work process and team structure

    Build enthusiasm and excitement

    Ensure senior management support Define effective communication channels and methods

    Build commitment

    Conduct team-building sessions

    Ensure project leadership

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    Create proper rewards systems

    Manage conflict and problems

    Ensure personal drive and involvement

    Effective Team Management Some Recommendations

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    Roadmap to Project Management Success

    Form

    ProjectTeam

    Statementof Work

    ResponsibilityMatrix

    Purpose

    Project Background

    Project Deliverables

    WorkBreakdown

    Structure

    R A

    A

    SS

    R

    Network Gantt BudgetResourcePlan

    PerformTasks

    TIME

    CTN

    OTE

    BOOK MEET

    IN

    PLAN

    ShareLessonsLearned

    EvaluateSuccess

    ConductClose-Out

    Meeting

    UpdatePlan

    ResolveIssues

    ManageChange

    TrackProgress

    LEADERSHIP

    COMMUNICATION

    PROJ

    GS

    REPORTS

    LESSO

    NSLEARNED

    IMPLEM

    EN

    T

    CLOSE

    -OUT

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    Implementation Model

    Step 1

    Perform Tasks

    Step 3

    Manage Change

    Step 4

    Update the Plan

    Step 2

    Track Progress

    ResolveResolve

    IssuesIssues

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    Percent Completion Reporting

    Period 1 2 3 4 5 6 7 8

    Planned 20 40 60 90 100

    Actual 20 40 60 90 94 96 97 97.5

    Everything looks fine until you reach 90%!Everything looks fine until you reach 90%!

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    Project operation and maintenance

    Operation and maintenance

    To attain value and maximum returns, the

    district/municipality or the beneficiaries organize for

    30

    e ac y o ave e pro ec proper y manageand maintained regularly.

    An operation and maintenance manual is prepared

    by the contractor and handed to the district /beneficiaries.

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    Approaches to project implementation

    Top-down approach Implementation mainly done by agencies from outside

    the community with limited involvement by the

    beneficiaries.

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    - Beneficiaries implement the project. Outside agencies

    may provide the financial resources and technicalassistance.

    Collaborative participatory approach Both top-down and bottom-up approaches to project

    implementation are applied in the process.

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    Project implementation plan (PIP)

    If PIP not carried out during the projectdesign process and embodied in the

    project documents, it is carried out at the

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    pro ect act vat on stage.

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    Project implementation plan includes:

    a) The project implementation schedule

    This is concerned with:

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    outputs?

    What is the sequence of these activities?

    What is the time frame for these activities?Who will be responsible for carrying out each

    activity?

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    Project implementation plan includes:

    The following methods may be used to

    answer the above questions:

    34

    Project Evaluation and Review Techniques (PERT)

    Simple formats

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    What is a GANTT Chart?

    The Gantt chart is also referred to as the

    progress chart.

    It is a chart showing the timing of project

    35

    .

    It is one of the techniques of project

    scheduling, which depicts the frequency of

    activities and determines the period of timefor implementation.

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    How to determine a GANTT chart

    Determine the parts or implementationphases of the project and the sequence inwhich the associated activities shall be carried

    out

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    Then estimate the amount of time requiredfor each activity

    List the activities that can be carried out at thesame time and identify those to be carried outsequentially

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    How to construct a GANTT chart

    Time represented on the horizontal axis, and

    activities on the vertical axis.

    Bars are entered to indicate the time period

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    progress at any particular point in time.

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    Example: Maize farming project

    Activity

    Marketing

    Threshing

    Harvesting

    38

    Weeding

    Planting

    Preparing seedbed

    J F M A M J J A S O N D

    Time period/ months

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    The Simple Format

    ACTIVITY STARTING

    DATE

    ENDING

    DATE

    COST RESPONSIBLE

    PERSON

    REMARKS

    - Preparing seed bed

    -

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    - Weeding

    - Harvesting

    - Storage

    - Threshing

    - Marketing

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    Practical

    Develop

    a Gantt chart

    Simple Format

    40

    pro ect mp ementat on sc e u es n re at onto the identified projects in the projectidentification session.

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    Project implementation plan (cont.)

    b) The role of the implementing agency

    The specific responsibilities of the key staff

    during project implementation and

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    monitoring are outlined.

    c) Beneficiary participation

    The involvement of the beneficiaries inplanning and implementation and what isexpected of them is spelt out.

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    Project implementation plan (cont.)

    d) Organizational structure and staffing

    Here the following are sought:

    Project structure for purposes of management

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    Job descriptions and specifications for the staff

    Technical assistance if needed

    e) Financial managementThis looks at funds management, accounting period,financial reports and statements and how often theywill be made?

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    Project implementation plan (cont.)

    f) Reporting system

    This looks at who will be reporting to whom and howoften. There is need to design standard reporting

    formats.

    43

    g) Sustainability

    The concept of sustainability is based on belief thatproject should result in benefits that have lasting effect.Project should be sustained beyond the life of funding -especially if it is a grant.

    Project should not exhaust the available resources likeraw materials and labor.

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    Project implementation plan (cont.)

    Time control and remedial action

    Time taken to implement project activities is one

    measure of successfulness of supervision or

    44

    .

    Supervisor pays particular attention to time control

    measures, time scheduling and its supervision, time

    extension and postponement, damages for non-completion and defect or warranty period.

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    Project implementation plan (cont.)

    Supervision of implementation of projectschedule

    This involves a set of checks and balances to ensure

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    .

    To ensure that the time schedule is being adhered to,the project activity time listing can be of greatimportance.

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    Project Activity Time Listing

    Activity

    earliest time

    Activity

    latest time

    Activity

    code

    Activity

    Description

    Activity

    duration

    Start Finish Start Finish

    Progress

    remark

    46

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    Practical

    Using the Project Activity Time Listing,

    develop a Project Activity Time Listing table

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    identification session, and fill it in.

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    Factors affecting project

    implementation

    Factors that lead to

    success of projects

    Factors and problems

    that lead to failure of

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    o t ca omm tment

    Simplicity of Design

    Careful preparation

    Good management Involvement of

    beneficiaries/community

    pro ec s

    Financial Problems

    Management problems

    Technical problems Political problems

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    Factors affecting project

    implementation

    Other typical implementation problems

    Poor scheduling of projects leading to delays in

    Poor scheduling of projects leading to delays in

    im lementation.

    49

    Misallocation of funds

    Delay and sometimes lack of counterpart funding

    Lack of accountability and transparency

    Bureaucracy in decision-making.

    Selfishness/nepotism/favoritism by some project managers.

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    Factors affecting project

    implementation

    Other typical implementation problems (cont.)

    Weak monitoring systems

    Natural calamities like drought, earthquakes,

    50

    , .

    Policy changes

    Migration of beneficiaries

    Lack of team work Lack of incentives for implementers.

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    Project management

    Management may be defined as;

    Getting things done from the available resources,the way you want them to be done.

    51

    Project management defined

    Project Management is an all-embracing termcovering the management of every detail of a

    project (Project cycle) and may be defined as, theprocess of planning and directing a project from itsinception to its final completion.

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    Project management (cont.)

    Project management decisions - a necessary function forsetting up a project. It is concerned with:

    Forecasting

    Setting objectives

    52

    o cy ma ng

    Planning - determines success/failure of project. It has threemain aspects:

    ProgrammingScheduling and

    Budgeting

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    Project management (cont.)

    Project control - To control is to compare actualwith planned achievements and take action to correctany adverse deviations. It involves:

    Plans of Operation

    53

    These are the result of the planning process of Projectmanagement.

    Review and UpdatingReview is necessary to determine whether the project isproceeding according to plan or not. Updating is recording thestate of the project as shown by the reviews, or of makingamendments.

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    Project management (cont.)

    Project Action - When review has shown a project

    to be deviating from plan, action is required to

    restore the operation to its planned characteristics.

    54

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    Allocate management responsibilities

    After the contract has been signed,responsibility for contract management willnormally be transferred to a contract

    management team established by theAuthority.

    If a roads agency, for example, has more thanone contract, it makes sense on grounds of

    efficiency for a single contract managementteam to manage all ongoing Project contracts.

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    A contract management team, reporting to a contractdirector, will carry out many day-to-day contractmanagement activities.

    It is desirable to include the proposed contract director

    early stage of the procurement process, or at least toallow him/her to follow the procurement process andhave access to procurement team members.

    A good understanding of the project and its inherentrisks will enable him/her to devise an adequatecontract management strategy.

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    It is important for the Authority to set out, priorto choosing the preferred bidder, the basicframework under which the contractmanagement team will operate.

    uncertainties. Indeed, bidders will need toincorporate monitoring and contract compliancecosts into their bids.

    They should therefore be provided with a clearindication of the type and frequency ofinformation required from them.

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    Monitor and manage project delivery

    and service outputs

    The contract should have clearly stated theobligations of the Company and defined theexpected service characteristics, outputs and

    quality standards. Effective contract management depends, in the

    first place, on getting the Project contract right.

    This implies setting out the procedures that

    guarantee close monitoring of the Companysperformance and general compliance with theagreed contract.

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    The contract management team will normallystart by agreeing with the Company all thetasks that each party needs to undertake and

    the appropriate timeframes for theircompletion.

    These operational details need to be set out inthe contract administration manual

    (consistent with the project contracts) at thestart of the project implementation phase.

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    Effective contract management will help to

    identify and monitor the Companys

    construction and operational performance.

    project risks over the life of the contract.

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    Regular monitoring

    In order to effectively monitor the implementation of theproject, the Company will need to provide the contractmanagement team with operational and financial data onan ongoing basis.

    The contract should have set out the basic information.

    Often, more detailed requirements are specified at thestart of the implementation phase.

    The contract management team should limit its request forinformation to the data necessary for effective monitoringand ex post evaluation of the project.

    Excessive data collection imposes an unnecessary burdenon the Company and the Authority.

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    The contract management team will, for example,need to:

    monitor the attainment of key performanceindicators;

    procedures to ensure that these systems are inplace and effective;

    establish and manage the day-to-day relationship

    with the Company; and report regularly to the stakeholders.

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    Risk management

    The risks that the contract management team

    will need to manage can be classified as

    follows:

    the parties;

    intrinsic risks borne by the Authority;

    project risks not contractually allocated; and

    risks associated with changes to the contract.

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    It is essential for the contract management

    team to have a clear understanding of the

    requirements of the contract and the rationale

    .

    The role of the team will vary according to

    whether or not these risks have been

    identified in the contract and contingencyplans have been established.

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    Potential problems should be identified earlyand acted upon.

    If the problem appears to be persistent and

    the Com an s first oint of contact cannotdeal with it, the issue should be dealt with at amore senior level.

    Such escalation procedures will typically bespecified in the contract administrationmanual.

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    Managing changes permitted in the

    contract

    The contract will set out the triggers and

    methodologies for agreeing and implementing

    changes to the contract.

    ,

    administrative steps that need to be taken in

    order to agree or implement permitted

    changes.

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    The contract administration manual should specifylogistical and administrative details such as:

    the person to whom a request for a change mustbe sent;

    proposed change;

    the persons authorized to agree a change onbehalf of the Authority and the Company; and

    the person responsible for overseeing andverifying implementation of the change.

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    Changes permitted under the contract are oftencomplex and need to be decided at senior level.

    They typically include material changes in outputspecifications, refinancing or the consequences of a

    .

    Many contracts contain provisions governing thepotential refinancing of the project, in particular thesharing of gains from such refinancing.

    It should be noted that the consent of the Companyslenders may be required before certain changes to thecontract are implemented.

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    While contract renegotiations triggered by changesthat are not permitted in the contract may be acommon feature of Projects in some countries , theassociated risks should be acknowledged and

    mitigated. con rac s can e es gne o m n m ze ma orrenegotiations at a later stage.

    Contract renegotiations require careful analysis and adialogue between the parties before contract changes

    are agreed and implemented. The use of an experienced, trusted and neutral

    facilitator may be beneficial.

    While some renegotiations are efficient, many areopportunistic and should be discouraged.

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    Renegotiations of significant aspects of the contracthave considerable implications for the parties and arein principle forbidden .

    They are generally regarded as undesirable because:

    competitive bidding may be distorted: the most likelywinner is not the most efficient company but the onemost skilled in renegotiation;

    as renegotiations are carried out bilaterally, the positiveeffects of competitive pressure are lost; and

    renegotiations often reduce the overall economicbenefits of arrangements and might have a negativeimpact.

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    Dispute resolution

    Contractual disputes are common in Projects for

    a number of reasons. For example:

    because the contract is long-term and unexpected

    because Project arrangements tend to be

    complex.

    The mechanisms available to resolve disputes andconflicts are a major part of the assessment of

    contract risks by private investors in projects.

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    The typical dispute resolution mechanisms are:

    the national court system (litigation);

    arbitration (national or international);

    expert determination of some kind. This is often used

    or to give an interim decision which can then beappealed against in litigation or arbitration;

    mediation or conciliation (where the third party doesnot give a binding decision but enables the parties to

    reach an agreement); and a decision by a specialized regulatory body.

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    Effective relationship management in a projectfacilitates the easy resolution of disputes in the future.

    However, if a party resorts to an inappropriate disputeresolution process, the process may damage the

    .

    It is therefore fundamental that an appropriate disputeresolution process is set out in the contract.

    This should be done with the support of experiencedlegal advisers.

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    When the contract ends

    A contract should include detailed provisions dealingwith its termination.

    The main issues to be addressed are:

    the circumstances in which the contract may be

    the payment (if any) that must be made by theAuthority to the Company upon termination(depending on the circumstances); and

    the condition of the assets when they are handedover to the Authority following termination.

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    Grounds for termination

    The typical grounds for termination are:

    expiry of the contract term;

    default by the Company; default by the Authority;

    a voluntary decision by the Authority; and

    termination in the event of prolonged forcemajeure.

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    The contract should describe in detail thecircumstances that allow a party to terminate thecontract, in particular where the other party hasdefaulted on its obligations.

    For it to lead to termination, a breach of contract haso e un amen a n na ure an s ou w erepossible) be subject to cure periods.

    For example, the Authority would normally be entitledto terminate the contract in the event of insolvency or

    bankruptcy of the Company or of a serious deficiencyin the service provision (e.g. where health or safety isjeopardized) that is not promptly remedied.

    A detailed list of all the breaches that entitletermination should be set out in the contract.

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    Particular attention should be given to the issue ofpersistent breaches (i.e. the accumulation of anumber of breaches, each of which would not in itselfbe enough to trigger termination but all of which

    together constitute fundamental non-performance). e cr er on or assess ng e ex s ence o a pers s enbreach should be as objective as possible.

    This can be achieved by reference to the accumulationof penalties, deductions, performance points or

    warning notices over a specified period of time. Beyond a certain threshold, the Authority should have

    the right to terminate the contract.

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    The typical example of default by the

    Authority is the nonpayment of the sums

    owed to the Company (e.g. the service fee).

    not adequately adjusted the Companys

    remuneration in accordance with the terms of

    the contract.

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    Termination payments

    contracts usually require the Authority to makepayments to the Company if and when thecontract is terminated.

    These provisions are generally complex and need

    advisers, taking into account a number of factors,such as:

    fairness;

    incentives for the Company and its lenders; and bankability.

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    Specifying termination payments can be

    important even if the contract is never

    terminated.

    contract, the Authority should not accept a less

    favorable outcome than simply terminating and

    making the required payment.

    The termination payment can act as the

    reference price in the renegotiations.

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    Contract expiry

    Projects are usually structured so that the Authoritymakes no payment to the Company when the contractexpires at the end of its scheduled term.

    Termination payments are, however, envisaged upon

    contract expiry in certain circumstances. A typical case is that of new assets constructed at some

    stage during the life of the contract as a result of anextraordinary event (this may involve a lump-sumtermination payment from the Authority).

    Similarly, where Project assets have a particularly longlife compared to the term of the contract, the paymentof a residual asset value upon expiry may becontemplated.

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    Terminat ion for default by the Project

    Company

    Termination for Project Company default is the final stageof a process which starts when a project is failing toperform in accordance with the requirements of the Projectcontract.

    The Project contract should set out the various.

    These will typically include failure to completeconstruction, persistent failure to meet performancestandards and insolvency of the Project Company.

    It should be noted that the Project contract will also set out

    those circumstances in which failure to perform can not beused to trigger termination (the so-called relief events).

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    Where the default by the Company is caused by failureof one of its subcontractors (e.g. insolvency, poorperformance, corruption), the Company should havethe contractual ability (in its subcontracts) to replace

    the non- erformin subcontractor and seektermination damages from it.

    These damages should be backed (at least in part) byperformance bonds or guarantees and set at a level

    which would allow the Company to meet anyadditional costs associated with the replacement of thesubcontractor.

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    Insolvency of the Company is an importantcause of default.

    This can occur where the Company is no

    lon er able to service its debt in line with theagreed schedule.

    In this case, lenders could choose toaccelerate their debt (i.e. make the entire

    debt due and immediately payable).

    This would force the Company into insolvency.

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    In the event of Company default, the lenders

    should be allowed to step in to rescue the

    project and protect their loan.

    lenders to take control of the project in such

    circumstances.

    The lenders right to step in is typically provided

    for in a direct agreement entered into between

    the Authority, the Company and the lenders.

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    Termination payments for Company defaults

    are a key issue in contracts as they are

    fundamental to their bankability.

    the compensation payment that the Authority

    is obliged to make to the Company / its

    lenders

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    repayment of all or a pre-specified part of theoutstanding debt (to the extent that it has beenproperly used for financing the project assets);

    the depreciated book value of project assets (there are

    several variants of this general approach); the net present value of the expected future net cash

    outflow that would have been payable by the Authorityif termination had not occurred (i.e. the expectedservice fee less the costs that the Authority will have to

    incur as a result of the termination); and an open-market sale (i.e. the Authority re-tenders thecontract, selects a new Company to continue with thecontract and then pays the original Company/itslenders the proceeds it receives from the sale).

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    Each of these methods has pros and cons. For example, it isoften argued that the lenders should not be guaranteed fulldebt recovery upon termination as this would remove theirincentives to conduct thorough due diligence and carefulproject monitoring.

    -,there is no liquid market for contracts.

    Finally, the net present value approach may beconceptually appealing, but forecasting future revenuesand costs can be difficult and lead to disputes.

    This explains why the parties often adopt solutions that relyon simplicity and certainty of the outcome.

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    As a general principle, it is important to

    ensure that the public sector should not be

    financially incentivized to seek early

    .

    Equally, lenders should not expect to avoid

    financial losses at the undue expense of the

    public sector.

    T i t i f d f lt b th

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    Terminat ion for default by the

    Authority / voluntary termination

    To promote fairness, incentives for the private sectorand bankability, the contract should ensure that theCompany is not financially harmed if terminationoccurs as a result of default by the Authority orvoluntary decision by the Authority.

    n ese c rcums ances, o e en ers an eequity investors should be fully compensated.

    While calculating the compensation due to the lendersis relatively easy (e.g. debt outstanding, unpaid interest

    and fees and breakage costs as a result of thetermination of the hedging agreement), defining thecompensation owed to the equity investors can becomplex.

    T i t i f l d f

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    Terminat ion for prolonged force

    majeure

    contracts normally provide for the possibility for either party

    to terminate where a force majeure event precludes

    performance of the obligations for a prolonged period of

    time.

    ,party is at fault, the burden of termination should be shared.

    The compensation payable by the Authority will therefore

    normally be (i) higher than that owed in the event of

    Company default but (ii) lower than that due on Authoritydefault.

    The compensation would normally cover the outstanding debt

    It may sometimes also cover the value of the equity injected

    into the project (but exclude any return on that equity).

    Oth tt l t d t t i t i

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    Other matters related to terminat ion

    payments

    When defining compensation payments on termination, thecontract will have to tackle a number of other issues, suchas:

    the treatment of subcontractors costs and profits forgoneas a result of termination;

    . .should these be dealt with as senior debt or equity?);

    the treatment of cash balances in reserve accounts;

    the treatment of insurance proceeds; and

    the choice of a discount rate for the present valuecalculation (e.g. nominal or real? pre-tax or post-tax?weighted average cost of capital?).

    A t diti t i f th

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    Asset condition at expiry of the

    contract The contract should contain provisions to ensure that the

    assets are handed back to the Authority in goodcondition.

    For example, the contract could include:

    indicators of the condition the assets must be in at contract. . ,ability to meet certain performance tests);

    a third party assessment of the condition of the assets andof the works to be completed to meet the requiredstandards (such assessment should be carried out by an

    independent expert sufficiently in advance of the expirydate);

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    retentions made from the service fee over adefined period prior to expiry (the proceedsbeing held as a guarantee in a reserve

    account); and verification by an independent expert that the

    works required to meet the hand-backconditions have been completed satisfactorily

    (this could also trigger the release of theretention sums to the Company).

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    Ex post evaluation

    A sound evaluation of a project requires thepublic sector to:

    identify the public body that will undertake

    the review of a articular ro ect ensure the independence of that body vis--

    vis the teams responsible for implementingand managing the contract;

    define the questions that need to be answeredin the evaluation exercise.

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    Define the institutional framework

    Ex post evaluation of projects enables lessons

    to be learned from projects that have already

    been implemented and covers both successes

    .

    These lessons can improve future decisions on

    whether to take the PPP route, how to design

    contracts and ultimately how best to prepareand implement projects.

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    It is important that the information needed for

    ex post evaluation is thought through carefully

    and specified in the contract.

    gathered during the course of the project by

    the Company, with the support of the

    Authority.

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    Timing the evaluation of a is an open question.

    A balance is needed between obtaining usefulinformation quickly in order to inform currentprocesses and obtaining meaningful data on

    performance. Evaluation around 12 to 18 months after the

    commencement of operations will provide informationon the bidding process, the delivery of the projectassets and initial performance.

    Subsequent evaluations will provide better informationon operational performance and the actual delivery ofthe expected value for money.

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    The purpose of an ex post evaluation is

    to evaluate the merits of PPPs associated with

    a particular type of project; and

    to ent y potent a ssues re at ng to t e

    implementation or management of specific

    contracts (e.g. availability based Projects).

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    Evaluation requires the establishment ofrelevant criteria and methods and the capacitywithin the Authority to carry out the process.

    In order for this rocess to be successful it isimportant that the public authorities:

    define the set of questions they would like tosee answered; and

    decide on who is best placed to answer thosequestions.

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    The type of body most suitable for the ex postevaluation exercise depends on the objectivesof the evaluation.

    It is not unusual for exam le for nationalaudit units to undertake such studies.

    In some instances, ex post evaluation can becontracted out to a consulting firm, especially

    when in-house expertise is not availablewithin a public body.

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    But whatever form it takes, the Authority will

    have to ensure that the body conducting the

    evaluation is independent from the teams

    the project subject to evaluation.

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    Develop an analytical framework

    Once responsibilities have been assigned and

    the aim of the ex post evaluation study has

    been defined, it will be necessary to decide

    appropriate for achieving the aims of the

    study.

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    This implies defining:

    the evaluation criteria and expected outcomes

    of the project; and

    t e appropr ate a ternat ve

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    A well-designed contract should provide for

    sufficient information, collected during the

    monitoring phase, to support this evaluation

    .

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    projects will normally be defined in terms ofvalue for money.

    This implies identifying both the benefits derived

    from project outputs and the cost of deliveringthose outputs (benefits and costs being bothmonetary and in terms of timing).

    However, more qualitative benefits and costs,

    such as service quality, contract design and riskallocation, also need to be considered in theevaluation.

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    In addition to examining the benefits andcosts, the evaluation will need to identifywhich alternatives should have been looked

    at. These can be alternative procurement models

    to different project delivery andimplementation procedures.

    It is common practice to use the public sectorcomparator as a relevant alternative.