|L015||September 3, 2023 - September 7, 2023||Dubai – UAE||USD 5100||
|L015||December 17, 2023 - December 21, 2023||Istanbul||USD 5100||
|L015||March 3, 2024 - March 7, 2024||Online||USD 1900||
- Provide an understanding of Tendering Procedures.
- Explain the commercial impact of key contractual provisions .
- Develop an understanding of the Bid Evaluation.
- Identify where things can go wrong, and learn how to avoid problems, or mitigate their effects through well drafted contracts and good management of tendering.
- Understand how to avoid disputes but learn how to deal with them if they arise.
- Managers .
- Marketing and sales staff .
- Procurement professionals .
- Professionals such as legal and financial staff and contract professionals .
- Project Engineers and Project Professionals, including Project Managers .
- Commercial Professionals .
- Quantity Surveyors .
- Purchasing Officers & Personnel .
- Buyers .
- Supply Professionals .
- Introduction and course overview.
- The Importance of Contracts :
- Controlling the contract process :
- Understanding the deal
- Controlling the negotiation
- Tips for effective negotiation
- Contract Formation :
- Offer and Acceptance
- Battle of the forms
- Consideration and Intention
- Oral or written?
- Electronic contracts
- The value of due diligence and financial stability
- Tender Process & Different Contract Types :
- Auctions and Bids
- Tender Process
- Invitations to tender
- Request for Proposal
- Request for Quotation
- Letters of Award
- Heads of Terms and Letters of Comfort .
- Which contract type to select?
- Advantages and disadvantages of the main contract types
- The problem with fixed fees?
- Modern methodology
- Economic Price Adjustment clauses
- Bonds and Guarantees
- Compliance with law/change of law .
- Main Contract Clauses :
- Obligation to deliver/perform
- Controlling subcontractors
- Monitoring and Milestones
- Securing Payment :
- Ensuring prompt payment
- Non payment remedies
- The use of Letters of Credit
- Parent Company Guarantees
- Delivery, Ownership and Risk in Procurement :
- Time and place of delivery
- Transfer of title and risk – ICC Incoterms
- What are retention of title clauses?
- Why is “time of the essence” important?
- Indemnities – when we need them
- Liquidated Damages/Penalties and the dangers
- Other Key Considerations during the Commissioning Process:
- Variations and changes
- Liability beyond contract
- The value of Intellectual property
- When do contracts end?
- Limiting liability
- Which law to apply to the contract?
- Final contract review and close out process
- Dealing with Disputes :
- Compromise and settlement
- Dispute Resolution clauses
- Modern methods of resolving disputes :
- Early Neutral Evaluation
- Expert Determination
- Final review and questions .
- Course assesment .
10% in case of Three P. (or more)