Organization: Asset Africa Institute
Registration deadline: 07 Jul 2016
Starting date: 21 Jul 2016
Ending date: 22 Jul 2016
Dear Partner,
Asset Africa Institute, (www.assetafrica.co.ke), is pleased to announce the following seminar set to take place in July 2016, in Nairobi, Kenya.
Workshop Name: International Workshop on Contract Management with Special Focus on Contractual Risks
Date: 21st -22nd July 2016
Venue: Nairobi, Kenya
Need for Workshop
This two day Contract Management training course is designed to enhance the performance of personnel involved in procurement contracts, equipping them with the tools to analyse contractual risks, with emphasis on how to avoid and deal with contractual risk. The course will help participants understand complex contractual terms and conditions in simple English language.
Workshop Methodology
The 2 day interactive workshop will be conducted using a mixture of practical and theory syndicate sessions followed by group discussion. Delegates are encouraged to email or bring contracts which they are familiar with - which can be discussed in the end before closing of the workshop.
Objectives
The workshop will enable participants to;-
• Understand the principles of contract management
• Examine the business environment to foresee how the supplier/contractor may perform
• Legal requirements of contracts and their implications
• Have knowledge of contractual clauses
• Understand Risk transfer through contracting terms and conditions
• Have on overview of legal aspects of contracts and how this might be used to advantage
• Effectively negotiate procurement contracts
• Effectively handle claims, variations and disputes
• Examine the steps involved in Pre-Award, Award and Post Award phase.
• Lessons learnt and Best Practices.
Summary Course Content
Day 1
Introduction to Contract Management
• Definition of Contract Management
• When does Contract Management Commence
• Four Key Components of Contract Management
o Setting up the Contract Team
o Managing Service Performance
o Managing Relationship
o Contract Administration
Contract/Formation of Contracts
• Contracts
• Offer or Proposal
• Rejection of an offer / Counter offer.
• Acceptance
• Consideration
• Essentials of Valid Contract
• Free Consent
• Quasi Contracts
• Performance of Contract
• Breach Of Contract /Remedies
• Battle of Forms
Understanding Clauses which deal with Contractual Risk - How to minimize and transfer the risk
• Indemnity
• Limitation of Liability/Total Liability Cap
• Third Party Liability
• Force Majeure
• Damages, Liquidated Damages/ Penalty
• Consequential Damages
• Negligence/Gross Negligence and Willful misconduct
• Non-payment by Client
• Confidentiality
• Exclusive Remedy Provisions
• Governing Law
Contracting Methods
• Contracting Methods
• Simplified Methods
• Formal Competitive Methods
• Sealed Bidding
• Key steps in Source Selection
• Reverse Auction
Negotiation with Sole/Single Source
Day 2
Contracting Pricing Arrangements
Uncertainty and Risk in contracting
Fixed Price Contracts
Contract reimbursable Contracts
Time and Materials contracts
Plan Procurements
• Planning documents
• Requirement documents
• Procurement management plan
Conduct Procurements
• Vendor participation
• Advertising and bidder conferences
• Proposal evaluation techniques
• Negotiations
Administer and Close Procurements
• Procurement team
• Vendor relationship management
• Monitoring performance
• Contract change controls
• Contract amendment
• Progress reports
• Payment Terms
• Termination
• Lessons learned
• Procurement audits
• Negotiated settlements
• Claims and Dispute
About the Lead Facilitator: Manoj Nair
A graduate of commerce and law from Mumbai University and George Washington University School of Business Manoj Nair is a Solicitor Supreme, Court England and Wales (NP), having over 20 years of experience in dealing with Corporate, Civil, Construction and Labour Laws. He has extensive knowledge and experience in all aspects of contract drafting, contract negotiations, contract/procurement management, project finance, risk management, outsourcing contracts, international commercial contracts, proposal writing, statement of work (SOW) and vendor management. Manoj is empanelled as freelance instructor with ESI International, Marcus Evans, KPMG Education Unit (Germany), Green International, Lee Hecht Harrison (Adecco Group), Indian Academy of Management (IAM), Exalt Communication and with NIIT as subject matter expert. Manoj is also an adjunct faculty teaching business, employment laws, international business and business ethics in leading Business schools in such as -The Institute of Technology and Management, Institute of Business Studies and Research, Mumbai School of Business, Times Business School, Ghelot’s Institute of Management and Guru Nanak Institute of Management and Studies .Manoj is currently the India Representative for British Legal Centre (a UK based Company helping lawyers to understand British Law).
About the Organization
Asset Africa Institute (www.assetafrica.co.ke)-AAI--AAI-) is a top training brand based in Kenya which specializes in the research, design and delivery of high quality and affordable training programs for development workers worldwide. We work with a consultant base of more than 120 highly educated and experienced professionals many of whom are involved in post doctoral research work. Over the years, Consultants at AAI have been sought by such reputable organizations as: Federal University, Birnin Kebbi-Nigeria, African Institute for Capacity Development (AICAD),Norwegian Church Aid-Zambia, ACOMIN-Nigeria, Tear Fund-DRC, CLEEN Organization-Nigeria, Love Botswana Outreach Mission, Islamic Relief-Somalia, National Museums of Kenya, Cornerstone Development-Uganda, International Organization for Immigration (South Sudan), Save Your Generation (SYG)-Ethiopia, Africa Rice Center (Africa Rice)-Benin, Rwanda Union of the Blind, Sasakawa Africa Association-Ethiopia, Harare Institute of Technology, Care International-Mali among others.
For information in regard to the above workshop contact:
Lillian Ateng’
Training Coordinator
Asset Africa Institute,
Trust Mansion Hse,
Tubman Road off Koinange Street
P.O. Box 12903 – 00100, Nairobi, Kenya
Phone: +254 -722 469454/720986965,
www.assetafrica.co.ke
Email: info@assetafrica.co.ke / assetafrika@gmail.com
How to register:
To enroll for this seminar, fill in the registration form attached and then email it to the attention of:
Lillian Ateng’
Training Coordinator
Asset Africa Institute
Trust Mansion Hse, Tubman Road off Koinange Street
P.O. Box 12903 - 00100
Nairobi, Kenya
Phone: +254 -722 469454/720986965
Email: info@assetafrica.co.ke /assetafrika@gmail.com
www.assetafrica.co.ke