Tendering and Procurement Practices Training

Introduction

Current and future leaders in Contract and Procurement functions are expected to be experts in world-class buying and contract practices. This program is designed to provide Contract and Purchasing Leadership not only with strategies, concepts, and techniques generally viewed as leading to World-Class performance in contracts and procurement activities but also to provide enthusiasm and guidance in how to "make it happen".

Since a major portion of every organization's operating cost is spent on outside goods and services, executive management everywhere is determining that Contracts and Purchasing must emerge as a core competency if organizations are to decrease expenses while improving operations. This seminar is designed to explore many of the best practices in Contracts and Purchasing so that participants can determine where they are now and begin implementation of the steps needed to create maximum total value for their organization.

Objectives

This course will give you:

• Discuss elements of the good contract process
• Learn methods of tender evaluation
• Review contract strategies
• See examples of important commercial contract clauses
• Be presented with the essential elements of a contract
• Be given examples of contract checklist
• Learn how to develop high-performance purchasing organizations
• Develop strategic purchasing plans
• Be taught how to develop spend profiles and perform analysis to guide strategies
• Explore many ways of reporting key performance indicators (KPI
• Be presented with the most important competencies for contract and purchasing personnel

Training Methodology

This is an interactive course. There will be open question and answer sessions, regular group exercises and activities, videos, case studies, and presentations on best practices. Participants will have the opportunity to share with the facilitator and other participants on what works well and not so well for them, as well as work on issues from their own organizations. The online course is conducted online using MS-Teams/ClickMeeting.

Who Should Attend?

• Contracts, Purchasing, and Project personnel
• Engineering, Operational, and Maintenance personnel
• And all others who are involved in the planning, evaluation, preparation, and management of tenders, awards, contracts, and purchases 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 contracts and purchasing activities

Course Outline

Module One: What are contracts and how are they created?

• The need for contractual relationships

• What is needed to create a valid contract?

  • Offer and acceptance

  • Intention to create a legal relationship

  • Written or oral?

  • Other legal formalities in different countries

    • Signing and sealing

    • Witnesses

  • Authority to sign

    • How to prove authority

• The tender process

• Involvement of agents

• What happens if there is no contract, but work is carried out anyway?

• Making contracts enforceable – with particular emphasis on the international context

Module Two: Structure of Contracts

• Form of Agreement

• General Terms and Conditions

• Special Terms and Conditions

• Schedules or Appendices

• Title (ownership) and risk of damage

  • When does it transfer?

  • Use of ICC INCOTERMS

• Notices and other formalities

• Which law and which courts?

• Different contractual structures

  • Traditional

  • New structures used in the Middle East

  • New structures not widely used in the Middle East

Module Three: Collateral Documents

• Bonds and guarantees

  • Tender Bonds

  • Advance Payment Bonds

  • Performance Bonds

  • Warranty Bonds

  • Parent Company Guarantees

• Retention/Withholding

  • Retention Bonds

• Letters of intent

• Letters of award

• Letters of comfort or awareness

• Insurance policies

  • Types

  • Who should carry the cover?

  • How should you manage claims?

• Assessing the need for financial security in the current economic climate

  • Are banks or insurance company’s good enough security?

Module Four:

• Changes to the Contract documents

  • Need for consent

  • Assignment/Novation explained and distinguished

  • Waiver

• Changes to the scope

  • Variation clauses

  • Notice provisions

  • Valuation of variations and changes

  • Claims – what they are, and how they arise

• Delay and disruption

  • Delay caused by the client

  • Delay caused by contractor/supplier

  • Force majeure

Module Five: Resolving Disputes

• Negotiation

• Staged dispute resolution clauses

• Litigation

• Arbitration

• New best practices in dispute resolution

  • Mediation

  • Conciliation

  • Early neutral evaluation

  • Expert determination

  • Mini-arbitration

  • Pendulum arbitration

• Final questions and review of course

Module Six: The 1st Steps to Becoming World Class

• 4 Stages To World Class

• Let’s be honest about how Purchasing is viewed today

• Strategic Sourcing

• Developing Spend Profiles and the ABC Analysis

• New Job Descriptions For Purchasing of the future

• Purchasing Personnel Required Skill Sets

Module Seven: Evaluating Your Own Operation

• What are the best Practices

• Purchasing Gap Analysis

• Vision and Mission for Purchasing

• Developing The Purchasing Department Strategic Plan

• Developing Key Performance Indicators (KPI) For Procurement

• Developing A Company Purchase Price Index

Module Eight: Continuous Improvement and How to Get It

• Cost Reduction Initiatives

• Methods of Cost Containment

• Waste In The Supply Chain

• Breaking Down The Elements Of Supplier Cost

• Commodity/Service Strategic Planning

• Resisting Price Increases

Module Nine:

• Supplier Classification System

• Supplier Qualification Methods

• Supplier Performance Metrics

• Apply Performance to Purchasing Decisions

• Process Mapping To Eliminate Low-Value Activities

• eProcurement

Module Ten: Improving the Image of Procurement

• Global Sourcing

• International Labor Rates Comparison

• Developing And Maintaining A Customer Focus

• Basic Issues In Corruption And Fraud Prevention

• Increasing The Level Of Procurement Professionalism

• Keeping Current in the profession