Introduction:
The overall aim of this course is to provide participants with the knowledge, concepts, and skills needed to perform activities related to the contracting process. The course covers important contractual concepts and different types of contracts.
Participants in this interactive course will learn essential contractual terms and conditions and the appropriate use for these legal concepts as well as activities that are usually carried out in contract preparation and administration
Targeted Groups:
All non-contract/legal specialists who are involved in any step of the contracting process including technical and non-technical professionals who would like to learn about the elements, concepts, types and the process of contracting
Course Objectives:
At the end of this course the participants will be able to:
- Outline the basic elements and phases of contracting
- Describe important legal concepts in contracting that can have a detrimental impact on the contractual relationship between the parties
- Describe different types of contracts as well as other different types of relationships between parties
- List the main steps needed to prepare a contract with a full understanding of all the documents needed to prepare a request for proposal
- Describe all the activities needed to administer the contract post-award including handling variations and claims
Targeted Competencies:
- Contract management
- Scoping work
- Applying contractual obligations
- Applying types of contracts
- Recognizing terms and conditions
- Contract preparation
Course Content:
Unit 1: Overview of Contracts:
- Elements of a “contract”
- Contract management
- Legal concepts used in contracts
- Scope of work
- Terms and conditions
- Phases of contracting
Unit 2: Important Concepts in Contract Management:
- Governing law
- Confidentiality
- Privity of contract
- Subcontracting
- Indemnities
- Force majeure
- Payment terms
- Breach of contract
- Termination
- Liquidated damages
- Service level agreement
- Representations and warranties
- Covenants
- Rights and conditions
Unit 3: Types of Contractual Agreements:
- Types of contracts
- Fixed price (lump sum) contracts
- Cost reimbursable (cost plus) contracts
- Time and material contracts
- Bill of quantities
- Letter of intent
- Memo of understanding
- Special forms of contracting
- International contracting
- Incoterms
Unit 4: Basic Concepts in Contract Preparation:
- Set-up contracting strategy
- Determining sourcing strategy
- Prepare RFPs
- Evaluating proposals
- Awarding contract
Unit 5: Administration, Variations, and Claims:
- Implementation of the contract
- Assessing performance
- Change management
- Managing variations
- Claims and disputes
