Legal Aspects in Procurement and Contract Management
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Legal Aspects in Procurement and Contract Management is an online program 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 Guevara
Currently President of the Foundation of the Society Fellows in Supply Management. Has more than 50 years of experience in purchasing and supply management profession. Having worked with Filoil Refinery Corporation (Now Petron Corporation), San Miguel Corporation, General Motors Corporation, U.S. Federal Government, and the International Rice Research Institute both here and abroad holding various managerial and executive positions in the areas of Purchasing, Inventory Management, Warehousing, Transportation, and other logistics operations including Customer Service. Obtained his BSBA and MBA degrees from the Mapua Graduate School in 1960 and 1969 respectively, and his C.P.M. certification from the National Association of Purchasing Management in Flint, Michigan, U.S.A. in 1981.
Formerly a faculty member of the Mapua Institute of Technology. He was also the former President of the Purchasing and Materials Management Association of the Philippines (Now Philippine Institute for Supply Management) for 1994-1995. Was awarded the 1988 GAWAD SINOP THROPY by the Society of Fellows in Supply Management and the Philippine Institute for Supply Management as the most outstanding Purchasing and Materials Management Practitioner of the year. Currently, and international lecturer on Supply Management having lectured in Vietnamn, Singapore, Malaysia, and Hong Kong. Currently, a Lecturer/Facilitator and Supply Management Consultant for the Philippine Institute for Supply Management and lecturer/facilitator for the Center for Continuing Education of the Ateneo Graduate School of Business.