Course Methodology
This course relies on individual and group exercises aimed at helping participants learn all key contract management activities. The course also features several case studies, presentations, and role-plays by participants, followed by plenary discussions. In addition, this course incorporates pre-and post-testing.
Course Objectives
By the end of the course, participants will be able to:
- Outline the essential elements and phases of contracting
- Explain the critical legal concepts in contracting that can have a significant impact on the contractual relationship between involved parties
- Describe different types of contracts and relationships between parties
- List the documents needed to prepare a Request For Proposal (RFP) and the main steps required to prepare a contract
- List the activities needed to administer the contract post-award, including handling variations and claims
Target Audience
All non-contract/legal specialists involved in any step of the contracting process, including technical and non-technical professionals who would like to learn about contract elements, concepts, types, and processes.
Target Competencies
- Contract management
- Identifying the scope of work
- Applying contractual obligations
- Applying types of contracts
- Recognizing terms and conditions
- Contract preparation
Overview of Contracts
- Elements of a “contract”
- Legal concepts used in contracts
- Scope of Work (SOW)
- Terms and conditions
- Phases of contracting
Important Concepts in Contract Management
- Governing law
- Confidentiality
- Privity of contract
- Subcontracting
- Indemnities
- Force majeure
- Payment terms
- Termination
- Liquidated damages
- Representations and warranties
- Covenants
Types of Contractual Agreements
- Fixed price (lump sum) contracts
- Cost reimbursable (cost plus) contracts
- Time and material contracts
- Bill of quantities
- Letter of intent
- Memorandum of Understanding (MoU)
Preparing the Contract
- Setting up a contracting strategy
- Preparing RFPs
- Evaluating proposals
- Awarding a contract
Administration, Variations, and Claims
- Implementation of the contract
- Change management
- Managing variations
- Claims and disputes
