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.