Advanced Contract Management: Contractual Risks

Course Overview

This training programme is structured to improve the performance of personnel responsible for procurement contracts, providing them with the necessary tools to evaluate contractual risks with focus on the ways of dealing with contractual risks. This programme will enable the delegates to understand the contractual terminologies and conditions efficiently.

Who Should Attend?

• Personnel who can attend this course are
• Compliance managers
• Sales managers
• Commercial officer
• In house lawyers
• Procurement managers
• Business development managers
• Project managers
• Commercial managers
• Contracts managers
• Contract administer
• Anyone who is willing to enhance his/her knowledge on Contract management

Program Outline

• Contract Management: Introduction and Definition
• Description: When does Contract Management Commence
• Contract Management: The four key essential components
• Contract Team set up
• Service Performance management
• Relationship management
• Contract Administration: An overview
• Understanding Contract/Formation of Contracts

 

• Contracts: Introduction and Overview
• Proposal or offer: Description
• Counter offer or Rejection of an offer
• Describing Acceptance
• Consideration: Description
• Valid Contract: Essentials
• Free Consent Overview
• Understanding Quasi Contracts
• Contract performance
• Overview: Breach Of Remedies/ contract
• Battle of Forms: Description
• Understanding the Rules of Interpretation of Contract

 

• Analysis: How are contracts interpreted?
• Dealing with ambiguity in contracts: An overview
• Significance of priority of documents
• How to reduce and transfer the risk: Understanding Clauses which deal with Contractual Risk

 

• Concept of Indemnity
• Analyzing the Limitation of Total Liability Cap/Liability
• Third Party Liability: Analysis
• Force Majeure: Concept
• Liquidated Damages/ Penalty, Damages Overview
• Consequential Damages: Description
• Willful misconduct, Gross negligence/negligence
• Description: Non-payment by Client
• Confidentiality Overview
• Exclusive Remedy Provisions: Description
• Overview of Governing Law
• Contracting Methods: Introduction and overview

 

• Simplified Methods: Introduction and overview 
• Understanding Formal Competitive Methods
• Sealed Bidding: Description
• Source Selection: The key steps
• Reverse Auction Overview
• Negotiation with Single/Sole Source: Overview
• Understanding Contracting Pricing Arrangements
• Risk and uncertainty in contracting
• Fixed Price Contracts: Description
• The concept of Contract Reimbursable Contracts
• Materials and time contracts
• Introduction: Unit Price
• Planning: Pre Contractual Phase

 

• Requisition form for goods and services verification
• Statement of work verification
• Select the appropriate procurement instrument
• The Intellectual Property Considerations Verification
• Procurement strategy development
• Evaluation criteria Review
• The solicitation document: Design and development
• Description: Determine the appropriate contractor selection methodology
• Procurement process approval
• Bidding and awarding of contract: Contracting phase

  Solicitation Process: An overview

• Description: Solicit competitive bids
• Sealed Bidding concept
• Overview of Two Step Sealed Bidding
• Respond to inquiries from potential bidders: Description
• Hold Bidders’ Conferences: Overview
• Description: Conduct Site Visits
• Assess competitive bids
• Award a contract: Overview
• Description: Debrief unsuccessful bidders
• Analyzing the contract management phase
• Contract Administration: Introduction and overview
• Description: Roles and Responsibilities
• Kick off Meetings: Description
• Contract governance: Overview
• Dispute and Variations Management
• Contract Closure
• Claims and disputes.

 

Program Objectives

This training programme  enable the delegates to:

• Acknowledge risk transfer via contracting terms and conditions
• Learn about contractual clauses
• Acknowledge relationship management
• Acknowledge the fundamentals of contract management
• Understand the legal requirements and effects of contracts
• Productively negotiate procurement contracts
• Productively handle variations, claims and disputes
• Inspect the business environment to predict how the contractor/supplier may perform