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Objectives

• 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.

The Delegates

• 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 .

Contents

• 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
• Pre-qualification
• Compliance
• 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?

• • Insurance
  • 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
  • Warranty
  • Which law to apply to the contract?
  • Final contract review and close out process

• Dealing with Disputes :

• • Compromise and settlement
  • Dispute Resolution clauses
  • Litigation
  • Arbitration
  • Modern methods of resolving disputes :

• Mediation
• Concilliation
• Early Neutral Evaluation
• Expert Determination

Course summary.

The Discount

Free Seats Are Offered