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Contract & Tender Management
COURSE OBJECTIVE:
o Discuss Elements Of Good Procurement Process
o Learn Methods Of Tender Evaluation
o Review Contract Strategies
o Explore Steps In Developing Performance Based Service Contracts
o See Examples Of Important Commercial Contract Clauses
o Be Presented The Essential Elements Of A Contract
WHO SHOULD ATTEND?
o Contracts, Purchasing, and Project personnel,
o Engineering, Operational, and Maintenance personnel,
And all others who are involved in the planning, evaluation, preparation and management of tenders, awards, and contract performance that cover the acquisition of materials, equipment, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities.
COURSE OUTLINE:
- Formation, effective, structure & types of contracts
o Why we need contracts
o Basic principles in contract formation and contract effectiveness
o Invitation to Tender & contractual impact of Tender responses
o Form of Agreement
o Basic contractual structures
o Proper law of the contract
- Main contract clauses and issues
o Rights & obligations under the contract
o Links between risk & reward for the contractor
o Transfer of title and risk – use of INCOTERMS
o The need for Insurance and indemnities
o Delays and suspensions
o Delivery and acceptance
o Remedies for failure to perform
o Frustration of a contract
o Rights to terminate
o Warranty and guarantee periods – latent design defect
o Notices
o Entire Agreement & Waiver
- Contract Management & Tendering - When does the Process Start?
o What You Need To Know To Be Competent At Contract Management
o Elements Of A Good Procurement & Competitive Bidding Process
o Standards Of Ethical Practice
o Example Policy “Relations With Suppliers
o Selecting The Right Contracting Strategy
o Types Of Statement Of Work
o The Importance Of The Contract
o Basic Contract Types
o Basic Types Of Project Delivery
- Developing the Tender
o Objectives Of The Contract
o Tender And Contract Check Lists
o The Important Integration Clause
o Inspection, Acceptance, Rejection
o Clauses For Defects In Material And Workmanship
o Developing Performance-Based Service Contracts
o Penalty/Liquidated Damages Clause
o Clauses For Spare Parts
- Important Elements of the Contract
o Saving With Economic Price Adjustment Clauses
o Force Majeure Clauses
o Contract Changes Clauses
o Methods Of Payment
o Progress Payments
o Letters Of Intent, Award, And Side Agreements
- Bidder Selection and Tender Evaluation
o Selecting The Bidders
o We Want More Than The Lowest Price
o How Do You Know You Got A Good Price?
o Use Of Price Indexes
o Electronic Evaluations
o Requesting Cost Breakdowns And Evaluations Of Cost Breakdowns
- Managing the Contract Performance
o The Criticality Of Good Contract Administration
o Contract Changes
o Determining Status And Expediting
o Contractor Payments
o How Contracts End
o Remedies For Breach Of Contract
o Types Of Bonds & Guarantees
o Negotiation Tips
- Pre-contractual documents and documents of contract effectiveness
o Letters of Intent and Award, Instructions to Proceed
o Bonds
o Tender documents
o Parent Company Guarantees
o Letters of Comfort and Awareness
o Use of commercial standard documents
o Use of General and Special Conditions
- Negotiation techniques
o Pre-contract & post contract “qualification phrases”
o Phases & Styles
o Roles in negotiations
o Authority to negotiate
o Agendas to set priorities
o Timekeeping
o Minutes and records – contractual impact
o Correspondence – contractual impact
o Knowing how to recognize a “win”
o When to walk away – the BATNA and how to understand the consequences
- Modern Alternative Dispute Resolution (ADR)
o Causes of contractual dispute and business impact
o Should we litigate or arbitrate?
o Other options – mediation, adjudication, expert determination
o Litigation processes
o Enforcement of court judgements and awards
o Arbitration – private dispute resolution
o Reasons for looking at alternative methods of dispute resolution (ADR)
Event Information
| Event Date | 07-05-2023 |
| Event End Date | 11-05-2023 |
| Individual Price | $3,600.00 |
| Location | cairo |
| Categories | Project Management |