Course Outline

Module 1 – Influence of Laws

• United Nations Commission on International Trade Law
• Convention of contracts for the international sales of goods
• Legislative law
• Common law
• Civil law
• Domestic law
• Basics
• Uniform Commercial Code
• Applications based on laws
• Similarities and differences
• Merchants and responsibilities
• Contract formation
• Express and implied contracts and related warranties
• Contract interpretation
• Electronics contract validity

Module 2 – Contracts

• Contract definition and elements
• Alternative Dispute Resolution (ADR)
• Arbitration
• Legal Issues
• Major contract categories
• Formal and informal contracts
• Unilateral and bilateral contracts
• Express and implies contracts
• Valid, void, voidable and unenforceable contracts
• Executed and executory contracts

Module 3 – Best Practices

• Efficiency and Effectiveness
• Strong and Lean structures
• Valued vision and mission
• Value proposition evolvement
• 360-degree alignment
• Early involvement and influence
• Supply risk vs reward
• Service delivery model
• Managing talent and knowledge
• Maximize Return on Investment (ROI)
• Opportunism and deliberation
• Tapping the full capabilities of supply markets

Module 4 – Bidding process and rules

• The sourcing life cycle
• Creating customer value
• Procurement planning
• Competitive bidding and two-step bidding
• Comparison of contracting methods
• Negotiation and best value selection
• Risks in various contract types
• Inputs of knowledge
• Opportunity and risk assessment
• Sweet spot – sour spot analysis
• Source selection
• Pre-award checklist

Module 5 – Tendering process & E-tendering

• Tender definition
• Types of tenders
• Different types of bonds
• E-tender creation
• E-tender committees and publication
• Pre-bid clarification
• E-bid submission – features and advantages
• Modules of E-tendering
• Tendering – bid opening – bid evaluation
• Contract award

Module 6 – Contract Types

• Fixed price family
• Firm fixed price
• Fixed price with economic price adjustment
• Fixed price incentive
• Cost reimbursement family
• Cost no-fee
• Cost sharing
• Cost plus fixed fee
• Cost plus incentive-fee
• Hybrid family
• Time and materials
• Labor hour
• Combination of different contracts types

Module 7 – Change orders & modifications

• Change clauses and provisions
• Administrative change
• Cardinal change
• Constructive change
• Unilateral and bilateral changes
• Equitable adjustments
• Assertion of claim
• Importance of consideration
• Cost overruns
• Cost growth

Module 8 – Selecting Appropriate Contract types

• Factors in selecting contract types
• Uncertainty and cost risk
• 5 Stage process for Uncertainty and cost risk
• Risk Allocation by contract type
• Price Analysis
• Cost Analysis
• Urgency
• Period of performance
• Contract environment
• Concurrent contracts
• Nature and extent of subcontracting
• Supplier capabilities
• Supplier accounting systems

Module 9 – Contract Administration and Close out

• Central purpose of administration
• Planning and involvement stage
• Challenges of administrator
• Contract administration team
• Characteristics of the contract administration team
• Contract administrator’ role and responsibilities
• Ways to lead and factors influencing the process
• Building a capable organization
• Selecting people for key positions
• Contract close out
• Close out steps
• De-obligation of excess funds
• Contract completion statement and dispose of files
• Characteristics of contract administration of the future

Module 10 – Contract Pricing Principles

• Pre-award pricing stage
• Price and pricing definitions and differences
• Buyers pricing objective, fair and reasonable price
• Price negotiation
• Techniques for analysis of supplier cost proposal
• Cost analysis and price analysis
• Cost realism analysis and price analysis comparison

Module 11 – Financial Administration of the Contract

• Cost control measures for different contract types
• Limitation of costs and funds
• Reasonable, allowable and allocable costs
• Lump sum payments
• Advance payments
• Partial payments
• Progress payments
• Common invoice deductions
• Final payment
• Contract pricing principals
• Supplier accounting systems

Module 12 – FIDIC Basics

• Definition
• Composition of FIDIC contracts
• Terms and conditions
• Why use FIDIC contracts
• Risks Vs Costs
• Green book
• Red book
• Pink book
• Yellow book
• Silver book
• Gold book
• Blue book
• White book
• Conditions of subcontract for construction
• Settlement of claims

Module 13 – Drafting Guidelines and Recommendations

• Contract and contract structure
• Captions and its recitals and transition
• Languages
• Closing
• Provision/clauses to always include
• Drafting contracts
• Practical contract-drafting tips
• Suggestions for drafting a simplified, comprehensive contract

Module 14 – Automation of the contract and virtual contracts management

• Methodology
• Analysis – capabilities
• Contract drafting
• Contract approvals
• Contract query
• Contract discovery
• Obligation management
• Document repository
• Dispute management
• Performance management
• Contract information extract
• Collaboration with counter parties
• Management reporting
• Contract portfolio analysis
• Market, innovations and trends
• Virtual work environment from surviving to thriving
• Managing risk and uncertainty in virtual environment

IPSCMI, the International Purchasing and Supply Chain Management Institute, is a globally reputed professional certification institute in the United States offering specialized training on Commercial Contracts throughout the world in all modes of instruction.

Blue Ocean Academy has an exclusive tie-up with the US-based International Purchasing and Supply Chain Management Institute (IPSCMI) to offer a wide array of courses in the UAE and other GCC countries. Upon course completion, students receive a Certificate from IPSCMI.