Legal Aspects in Procurement and Contract Management
September 16, 2019 - September 17, 2019
Monday - Tuesday
9:00 am - 5:00 pm
Early Eagle Rate:
September 02, 2019
Legal Aspects in Procurement and Contract Management is a two-day course developed specifically for purchasing and supply management practitioners to familiarize you with the legal aspects affecting the purchasing function. It will enhance your skills in drafting various procurement contracts and in the administration of these contracts.
As a purchasing and supply management professional, you need to have a working knowledge of contract law and contract administration. You need to know your rights, responsibilities, and obligations to protect your companies from risks arising transactions.
Who should attend
Personnel involved in procurement, demand and replenishment, logistics operation and customer service functions of supply chain management.
After the course, you will:
- Define and understand the various legal systems affecting local and international procurement contracts;
- Define and understand the buyer's and seller's obligations and rights under different types of procurement contracts;
- Have a working knowledge of the provisions in the Law on Agency and the Law on Contracts which are essential to contract formation and administration;
- Understand the issues relating to preparing a contract and highlight the factors that makes a good contract;
- Identify and understand the key clauses that relate to the various types of contracts;
- Define and comprehend the clauses relating to contractual default and how to apply the different dispute resolution methods;
- Have a working knowledge of international commercial terms used in the shipping of purchased goods, and commodities in relation to transfer of cost and transfer of risk;
- Develop a working knowledge in preparing a formal contract management plan and the appropriate approaches to contract implementation and monitoring;
- Learn how to identify, assess, and mitigate risks in the implementation and administration of procurement contracts;
- Define and understand the factors that would avoid contract mismanagement; and
- Understand the methods of terminating procurement contracts for goods and services.
- Origin of Laws
- Principal sources of law
- Different legal systems in international contracts
- Procurement Contracts
- Importance of a contract
- Contract definition
- Elements of a contract for it to be valid and enforceable
- Classifications of a contract
- Important civil code provisions on contracts
- Basic considerations in contracting
- The process of contract formation
- Law on Agency
- Definition of agency
- Types of authority
- Duties and responsibilities of an agent
- Law on contracts and obligations
- Obligations arising from contracts
- Rules on fraud and other practices
- Extinguishment of obligations
- Breach of contract
- Defense to performance by either party
- General provisions of damages
- How to avoid contractual default
- Methods of settling contract disputes
- Applicable Incoterms (International Commercial Terms)
- What are Incoterms?
- Purposes of Incoterms
- Responsibilities of buyers and sellers
- Transfer of risks
- Transfer of loss
- Transfer of ownership
- Common Incoterms used in procurement contracts
- Contract preparation
- Major issues in preparing contracts
- What makes a good contract?
- Types of contracts
- Applicable laws
- Selecting the right Incoterms
- Applicable clauses to be included in each type of contracts
- Contract administration
- Goals of contract management
- Factors required for a formal contract management plan and the appropriate approaches to contract management
- Issues on contract completion and contract termination
- Factors that would avoid contract mismanagement
- Conditions affecting the success of a service contract
- Case Study Workshop on Procurement Contracts
Mr. Ramon R. Guevara
has more than 35 years experience in purchasing and supply management. He held various managerial and executive positions in the areas of purchasing, inventory management, warehousing, customer service, transportation and logistics operations. He is an international lecturer on supply management in Vietnam, Singapore, Malaysia, and HongKong. He is also a lecturer/facilitator and supply management consultant for the Philippine Institute for Supply Management (PISM).
Prior to this, he worked with Filoil Refinery Corporation (now known as Petron Corporation), San Miguel Corporation, General Motors Corporation, and the US Federal Government. He was also Senior Manager - Materials Management Division of the International Rice Research Institute. Further, he was a management lecturer at Mapua Institute of Technology. Mr. Guevara is a past President of the Purchasing and Materials Management Association of the Philippines (now PISM).
He received various awards, such as: Gawad Sinop by the Society of Fellows in Supply Management;and Most Outstanding Purchasing and Materials Management Practitioner of the year by the PISM.
Mr. Guevara is a Certified Purchasing Manager (C.P.M.) from the Institute for Supply Management, Michigan District, USA. He earned a Masters degree in Business Administration from Mapua Graduate School.