Online Training - Procurement & Legal Aspect

DESCRIPTION Legal Aspects in Procurement and Contract Management is an online program developed specifically for purchasing and supply management practitioners to familiarize you with the legal aspects affecting the purchasing function. It will enhance your skills in drafting various procurement contracts and in the administration of these contracts. As a purchasing and supply management professional, you need to have a working knowledge of contract law and contract administration. You need to know your rights, responsibilities, and obligations to protect your companies from risks arising transactions. PURPOSE

• Define and understand the various legal systems affecting local and international procurement contracts;
• Define and understand the buyer's and seller's obligations and rights under different types of procurement contracts;
• Have a working knowledge of the provisions in the Law on Agency and the Law on Contracts which are essential to contract formation and administration;
• Understand the issues relating to preparing a contract and highlight the factors that makes a good contract;
• Identify and understand the key clauses that relate to the various types of contracts;
• Define and comprehend the clauses relating to contractual default and how to apply the different dispute resolution methods;
• Have a working knowledge of international commercial terms used in the shipping of purchased goods, and commodities in relation to transfer of cost and transfer of risk;
• Develop a working knowledge in preparing a formal contract management plan and the appropriate approaches to contract implementation and monitoring;
• Learn how to identify, assess, and mitigate risks in the implementation and administration of procurement contracts;
• Define and understand the factors that would avoid contract mismanagement; and
• Understand the methods of terminating procurement contracts for goods and services.

OUTLINE MATERI I. Origin of Laws

• Principal sources of law
• Different legal systems in international contracts

II. Procurement Contracts

• Importance of a contract
• Contract definition
• Elements of a contract for it to be valid and enforceable
• Classifications of a contract
• Important civil code provisions on contracts
• Basic considerations in contracting
• The process of contract formation

III. Law on Agency

• Definition of agency
• Types of authority
• Duties and responsibilities of an agent

IV. Law on contracts and obligations

• Obligations arising from contracts
• Rules on fraud and other practices
• Extinguishment of obligations
• Breach of contract
• Defense to performance by either party
• General provisions of damages
• How to avoid contractual default
• Methods of settling contract disputes

V. Applicable Incoterms (International Commercial Terms)

• What are Incoterms?
• Purposes of Incoterms
• Responsibilities of buyers and sellers
• Transfer of risks
• Transfer of loss
• Transfer of ownership
• Common Incoterms used in procurement contracts

VI. Contract preparation

• Major issues in preparing contracts
• What makes a good contract?
• Types of contracts
• Applicable laws
• Selecting the right Incoterms
• Applicable clauses to be included in each type of contracts

VII. Contract administration

• Goals of contract management
• Factors required for a formal contract management plan and the appropriate approaches to contract management
• Issues on contract completion and contract termination
• Factors that would avoid contract mismanagement
•  Conditions affecting the success of a service contract

VIII. Case Study Workshop on Procurement Contracts