DRAFTING EFFECTIVE CONTRACTS IN PROCUREMENT

Ensure Clarity, Compliance, and Commercial Value in Every Procurement Agreement

Course Schedule

Date Venue Fees (Face-to-Face)
22 – 26 Jun 2025 Kuwait USD 3495 per delegate

Course Introduction

Procurement contracts define the foundation for supplier relationships, risk allocation, and value delivery. This hands-on course equips procurement and contract professionals with the legal, commercial, and operational knowledge to draft, review, and manage effective contracts.

Participants will learn how to define clear scopes, allocate risk, incorporate performance metrics, and ensure enforceability. Practical drafting exercises and case-based analysis will prepare delegates to confidently manage contract lifecycles and supplier disputes.

Course Objectives

By the end of this course, participants will be able to:
• Draft precise and enforceable contract clauses for procurement agreements
• Define roles, responsibilities, and KPIs clearly in supplier contracts
• Structure terms and conditions to minimize risk and protect interests
• Apply legal principles relevant to procurement contracts
• Handle breach, termination, and dispute resolution effectively
• Align contract content with organizational procurement strategy

Key Benefits of Attending

• Learn essential legal and commercial language for procurement contracts
• Avoid costly contract disputes through better drafting and clarity
• Understand risk allocation, liability, and indemnity provisions
• Develop stronger negotiating positions through better preparation
• Build internal capability to manage contracts confidently

Intended Audience

This program is designed for:
• Procurement and supply chain professionals
• Contract officers, specialists, and administrators
• Legal advisors supporting procurement functions
• Project managers involved in vendor management
• Anyone involved in drafting or managing supplier contracts

Individual Benefits

Key competencies that will be developed include:
• Proficiency in contract clause drafting and analysis
• Knowledge of key legal terms and procurement standards
• Confidence in managing contract changes and risks
• Capability to align commercial needs with legal safeguards
• Enhanced negotiation and communication skills

Organization Benefits

Upon completing the training course, participants will demonstrate:
• Better control over contractual risk and supplier performance
• Reduced disputes and improved contract clarity
• Stronger alignment between legal, procurement, and operations
• Improved consistency in drafting across departments
• Enhanced governance and audit readiness for contracts

Instructional Methdology

The course follows a blended learning approach combining theory with practice:
• Strategy Briefings – Legal frameworks, drafting standards, risk models
• Case Studies – Real contract scenarios and lessons learned
• Workshops – Drafting exercises, clause review, mock negotiations
• Peer Exchange – Sector-specific contract insights
• Tools – Clause libraries, risk matrices, template frameworks

Course Outline

Training Hours: 7:30 AM – 3:30 PM
Daily Format: 3–4 Learning Modules | Coffee breaks: 09:30 & 11:15 | Lunch Buffet: 01:00 – 02:00

Day 1: Procurement Contract Foundations

  • Module 1: Introduction to Procurement Contracts (07:30 – 09:30)
    • Legal context and contract lifecycle
    • Types of procurement contracts
  • Module 2: Key Legal Concepts and Principles (09:45 – 11:15)
    • Offer, acceptance, consideration, and intention
    • Enforceability and contract validity
  • Module 3: Standard Forms and Templates (11:30 – 01:00)
    • Review of FIDIC, NEC, and institutional templates
    • Risks of boilerplate clauses
  • Module 4: Workshop – Analyze a Sample Contract (02:00 – 03:30)
    • Identify red flags and improvement areas

Day 2: Defining Scope and Performance

  • Module 5: Drafting the Scope of Work (07:30 – 09:30)
    • Service level definitions and deliverables
    • Clear and measurable obligations
  • Module 6: Performance Metrics and KPIs (09:45 – 11:15)
    • Linking performance to contract payment and penalties
    • Incentives and remedies
  • Module 7: Roles, Responsibilities, and Communication (11:30 – 01:00)
    • Responsibility matrices and escalation paths
    • Reporting formats
  • Module 8: Workshop – Write a Statement of Work (02:00 – 03:30)
    • Group drafting and peer review

Day 3: Commercial Terms and Risk Allocation

  • Module 9: Pricing, Payment, and Invoicing Terms (07:30 – 09:30)
    • Fixed vs. variable pricing models
    • Retention, advance, and milestone payments
  • Module 10: Risk Clauses – Liability, Indemnity, Insurance (09:45 – 11:15)
    • Transferring or sharing risk
    • Exclusions and limitations of liability
  • Module 11: Force Majeure and Change Clauses (11:30 – 01:00)
    • Handling disruption and scope changes
  • Module 12: Workshop – Draft Commercial Terms (02:00 – 03:30)
    • Practice with payment, liability, and risk clauses

Day 4: Compliance, Ethics, and Disputes

  • Module 13: Regulatory Compliance and Ethics (07:30 – 09:30)
    • Anti-bribery, data protection, and ESG obligations
  • Module 14: Intellectual Property and Confidentiality (09:45 – 11:15)
    • Ownership, licensing, and protection clauses
  • Module 15: Termination, Default, and Dispute Resolution (11:30 – 01:00)
    • Breach handling, notice periods, and resolution paths
  • Module 16: Workshop – Draft Termination and IP Clauses (02:00 – 03:30)
    • Review and rewrite critical contract sections

Day 5: Negotiation and Finalization

  • Module 17: Contract Review and Redlining (07:30 – 09:30)
    • Legal review techniques and revision protocols
  • Module 18: Negotiation Preparation and Strategy (09:45 – 11:15)
    • Power, leverage, and communication tactics
  • Module 19: Final Case Simulation (11:30 – 01:00)
    • Negotiate and finalize a procurement contract
  • Module 20: Wrap-Up and Certification (02:00 – 03:30)
    • Lessons learned and personal action planning

Certification

Participants will receive a Certificate of Completion in Drafting Effective Contracts in Procurement, validating their ability to design, evaluate, and manage procurement contracts that align with legal standards, organizational policies, and supplier accountability.

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