Why Attend This Training Course?

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?

• 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

• Tenders/practice

• Direct Order/Bids

• Pre-contracting restrictions

• 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.

Contractor's Rights

• 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

• Insurance

• Applicable law

• 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

• Tender types

• 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

• Types

• 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

• Cash Payment

• Check Payment

• Documentary credit Payment

• Effect of the World Trade Organization (WTO) agreement on the tender contracts

• Dispute Resolution means in general tender contracts

• Settlement by renegotiation

• Conciliation

• Contract Evaluation

• Contract theory