Introduction

Procurement and contract law are at the core of successful supply chain operations and project execution. As organizations engage in high-value contracts, international procurement, and digital transactions, it is crucial to ensure that contracts are legally sound, strategically structured, and risk-proof. This course provides a future-focused approach to procurement and contract management, equipping participants with the skills to draft, negotiate, and enforce contracts in a legally compliant and commercially viable manner.

Course Objectives

By the end of this course, participants will:
✔ Understand key legal principles governing procurement and contract management.
✔ Learn how to draft, negotiate, and manage procurement contracts effectively.
✔ Identify and mitigate contractual risks and liabilities.
✔ Gain insight into public vs. private procurement legal frameworks.
✔ Explore international procurement laws, trade agreements, and compliance standards.
✔ Learn dispute resolution strategies for procurement-related conflicts.
✔ Discover emerging trends in e-procurement, AI, and blockchain in contracting.

Who Should Attend?

• Procurement managers & supply chain professionals
• Legal advisors & in-house counsel
• Contract managers & risk officers
• Government procurement officials
• Finance & compliance professionals
• Project managers handling vendor agreements
• Consultants & business executives involved in procurement strategies

Day 1: Legal Framework of Procurement and Contract Law

Session 1: Fundamentals of Procurement and Contract Law

• Legal principles governing procurement contracts
• Contract formation: Offer, acceptance, consideration, and intention
• Key differences between procurement contracts and commercial contracts
• Case study: Legal challenges in large-scale procurement contracts

Session 2: Public Procurement Law and Regulatory Compliance

• Government procurement regulations and policies
• Transparency, fairness, and anti-corruption laws in public procurement
• Key international procurement frameworks (WTO-GPA, UNCITRAL, EU Directives, FAR, etc.)
• Case study: Procurement law violations and legal consequences

Session 3: Private Sector Procurement and Supplier Agreements

• Key clauses in supplier contracts (SLAs, KPIs, pricing, warranties, and liabilities)
• Vendor selection and due diligence in private sector procurement
• Procurement ethics and corporate governance
• Workshop: Reviewing a supplier contract for legal risks

Day 2: Contract Drafting, Structure, and Key Clauses

Session 4: Drafting Legally Sound Procurement Contracts

• Essential clauses in procurement contracts
• Clarity and precision in contract language
• Avoiding ambiguity and legal pitfalls
• Workshop: Drafting a procurement contract from a template

Session 5: Contract Risk Allocation and Performance Management

• Risk management in procurement contracts
• Limitation of liability, indemnities, and force majeure clauses
• Ensuring supplier performance through SLAs and penalties
• Case study: Dispute due to poor contract performance

Session 6: Digital Procurement Contracts and E-Signatures

• Legality and enforceability of electronic procurement contracts
• E-signatures and digital contracting best practices
• Smart contracts and blockchain in procurement
• Demonstration: Using an e-contract platform for procurement agreements

Day 3: Negotiating Procurement Contracts and Managing Disputes

Session 7: Advanced Procurement Contract Negotiation Strategies

• Key principles of negotiation in procurement
• Overcoming power imbalances in supplier negotiations
• Negotiating price, delivery terms, and risk allocation
• Role-play exercise: Simulating a supplier negotiation

Session 8: Dispute Resolution in Procurement Contracts

• Common causes of procurement disputes
• Alternative Dispute Resolution (ADR) vs. Litigation
• Negotiating dispute resolution clauses in procurement contracts
• Case study: International arbitration in procurement disputes

Session 9: Managing Breach of Contract and Remedies

• Types of contract breaches in procurement
• Legal remedies: Termination, damages, and specific performance
• Mitigating risks of non-performance and contract failures
• Workshop: Developing a legal response strategy for a contract breach

Day 4: International Procurement and Compliance Challenges

Session 10: Cross-Border Procurement and International Trade Agreements

• Legal challenges in international procurement contracts
• Jurisdictional issues and governing law selection
• Impact of WTO, free trade agreements, and sanctions on procurement
• Case study: Legal issues in cross-border supplier contracts

Session 11: Anti-Corruption and Ethical Procurement Practices

• Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and other anti-corruption laws
• Preventing fraud, bribery, and unethical supplier practices
• Corporate social responsibility (CSR) in procurement
• Workshop: Developing an ethical procurement compliance plan

Session 12: Emerging Technologies in Procurement Law

• AI and automation in contract review and procurement negotiations
• Blockchain and smart contracts in supply chain agreements
• Cybersecurity risks in digital procurement transactions
• Panel discussion: The future of procurement contracts in a digital world

Day 5: Practical Simulations and Certification

Session 13: Drafting and Reviewing Procurement Contracts

• Reviewing and amending procurement agreements
• Spotting hidden risks and unfair terms
• Best practices for contract compliance audits
• Workshop: Reviewing and redlining a real-world procurement contract

Session 14: Procurement Contract Dispute Resolution Simulation

• Participants will engage in a procurement dispute simulation
• Applying negotiation and ADR techniques
• Legal expert feedback on contract dispute resolution

Session 15: Course Wrap-Up and Certification

• Review of key takeaways and lessons learned
• Final Q&A session and participant discussions
• Certification of Completion awarded to all participants
• Networking opportunities and access to procurement contract templates

Final Wrap-Up & Certification

✔ Certificate of Completion provided to participants.
✔ Access to procurement contract templates, case studies, and legal insights.
✔ Networking opportunities with procurement and legal professionals.