During tendering, there is in existence a ‘process’ contract regulating rights and obligations of all involved. However, the law and process of tendering are getting more and more sophisticated. Thus, the guiding principles have to be properly understood for managing commercial risks and keeping contracts out of troubles. This course provides a comprehensive yet practical roadmap to the legal principles regulating the tendering process for enabling the direct application to their daily work situations. By reviewing recent insightful cases, the legal principles and their implications in practice upon the effective management of the tendering process are examined and shared. Further, it goes on to outline the key challenges and areas that those involved need to be specifically alerted to.
What Is The Training Course Methodology?
This training course methodology depends on enabling participants to interact and exchange experiences, explore their competencies and achieve their career aspirations, using forward-thinking training arts, such as theoretical lectures and/or open discussion to exchange opinions and experiences, scenarios, innovative thinking brainstorming. Participants will receive an agenda including training material as a reference, in addition to some extra notes and booklets.
Who Should Attend This Training Course?
This training course is designed for all workers in the contracts sector and those who are responsible for the management of tenders at the private and public ministries and institutions.
What Are The Training Course Objectives?
Definition of different concepts of emotional intelligence
Identify the full aspects of public tenders
Learn and manage contracts with applications on the most important international administrative contracts
Acquire new methods and procedures for preparing and resolving tenders
Learn the contractor on the administration to respect its contractual obligations
Know the international arbitration in tender contracts and procedures
Adapt new procedures for the conclusion of administrative tender contracts
What Is The Training Course Curriculum?
Criteria for Distinguishing Administrative Contracts
Administrative contracts by law
Judicial standard in distinguishing administrative contracts
Most important types of administrative contracts
Contractor’s obligations to the administration powers against the contractor
Administration Rights to Control
The contracting process
Safety and invalidity of administrative contracts
Contractor's obligations with the management and management authorities in the face of it
Management Authorities in the Face of the Contractor
Right of the administration to control
Right of the administration to amend the contractor's obligations by decreasing or increasing them
Right of the administration to impose penalties on the contractor.
Right of the administration to terminate the contract.
Right of the administration to impose additional penalties.
Right of the contractor to receive financial compensation
Financial balance of the contract
Theory of the wage worker
Emergency circumstances theory
Theory of unexpected financial difficulties
International Management Contracts
When is the contract internationally recognized?
Letters of credit for means of payment
Letters of guarantee
Dispute settlement and resolution
Applications of the International Administrative Contracts
Impact of FIDIC rules on contracting agreement
Supply contract and provisions of international sales contracts
International arbitration in international contracts and procedures
General and limited tenders
Other types of tenders
Procedural Regulation of the Tender
Tender preparation procedures
Procedures for announcing the tender
Submission of applications to join the tender
Examination of tenders and formation of committees
Awarding a Contract and Contracting
Unity and multiple bids
Bids combined with reservations
Canceling the tender
Procedures for conclusion of the contract and ratification
Procedures for the Preparation and Advertising of Tenders
Right of management towards the contractor
Right to supervise, recommend and control the fulfillment of the contractor's commitment
Right to terminate the contract by individual will
Right to distribute penalties
Occupational penalties for contracting relationships
Right of the contractor before the administration
Right of the administration to fully implement its contractual obligations
Right to receive the agreed financial compensation
Right to claim compensation
Financial Aspects of Tender Contracts
Letter of Guarantee
The parties to the local guarantee letter
International letter of guarantee
Elements of the letter of guarantee and conditions & proof of writing
Effects of the letter of guarantee
Reasons for termination of the letter of guarantee
Legal problems arising from the execution of the contract of guarantee letter and avoidance procedures
Methods of Payment in Tender Contracts
Documentary credit Payment
Effect of the World Trade Organization (WTO) agreement on the tender contracts
Dispute Resolution means in general tender contracts