Procurement Fraud and Bribery: Detection, Management and Control
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Procurement Fraud and Bribery: Detection, Management and Control Course
Introduction:
This unit provides a comprehensive overview of the factors involved in preparing a contract, taking into account the context and objectives of the company. It explores the key considerations and challenges that arise when drafting contract clauses, specifically in the context of international purchasing contracts. Additionally, the unit examines different legal systems that can serve as the foundation for a contract and identifies the elements that contribute to creating a strong and effective contract.
The unit emphasizes the importance of aligning the contract with the company's supply strategy. Participants will gain insights into how the contract fits into the overall procurement and supply chain management approach of the organization. By understanding this connection, participants can develop contracts that support their strategic objectives and foster the desired relationships with suppliers.
Throughout the unit, participants will explore various aspects of contract preparation, including the company's goals and objectives, as well as potential risks and challenges. They will learn about the significance of drafting precise and comprehensive contract clauses to address specific requirements and mitigate potential disputes. The unit also highlights the complexities involved in international purchasing contracts, such as different legal systems, cultural considerations, and language barriers.
Furthermore, the unit delves into the legal frameworks that can govern contracts and the importance of selecting the appropriate jurisdiction or governing law. Participants will gain insights into the factors that contribute to the effectiveness and enforceability of a contract, ensuring that it provides a solid foundation for business transactions.
Lastly, the unit explores how the contract fits within the broader supplier relationship strategy of the company. Participants will understand the link between the contract and the development of strong, collaborative relationships with suppliers. By designing contracts that foster transparency, trust, and mutual benefit, participants can establish long-term partnerships that contribute to the success of the organization.
By the end of this unit, participants will have a comprehensive understanding of the key considerations in contract preparation. They will be equipped with the knowledge and skills to draft effective contract clauses, navigate the complexities of international purchasing contracts, and align contracts with the company's supply strategy and supplier relationship goals.
Join us in this unit to gain valuable insights into the preparation of contracts, enhance your contract drafting skills, and develop contracts that support your organization's strategic objectives and foster positive supplier relationships.
Course Objectives:
- Describe the major issues relating to preparing a contract in the area of international purchasing and supply.
- Outline some problems frequently encountered in such contracts.
- Describe the main features of the world’s three principal legal systems.
- Identify the specific points to take into account with regard to international contracting.
- Outline the main links between the nature of the contract and the type of supplier-buyer relationship to be developed.
- Describe the main issues to consider regarding contracting in the digital age.
- Describe what is meant by a spot contract and regular trading.
- Identify and briefly describe which are the key clauses that specifically relate to spot contracts and regular trading with suppliers.
Who Should Attend?
Personnel involved in drafting the scope of work and negotiating contract terms in order to ensure contract requirements are properly captured.
Course Outlines:
Introduction
Unit Summary
A contract is a legal agreement between two or more parties with the intention of creating a legal relationship enforceable by law. Therefore, the careful negotiation of such a document and in particular of the clauses which will define the respective rights and duties of the parties will be the basis of a successful business relationship.
Learning Objectives
- Identify what makes a good contract
- List the key obligations of the buyer and the seller in the context of a contract.
Unit Contents
- Definition and importance of the contract
- Buyer’s and seller’s obligation
- What this training course covers
The Context for Preparing the Contract
Unit Summary
This Unit outlines the background in which a contract is prepared, including what the company wishes to achieve and what it would like to avoid. It describes some of the things to take into account when drafting contract clauses and the kinds of problems that may be encountered when preparing an international purchasing contract.
This Unit also describes the various legal systems that can provide the framework for a contract and highlights those factors that contribute to making a good contract. Finally, it explains how the contract fits into the company’s supply strategy and how it relates to the kinds of relationships that it wishes to develop with its suppliers.
Learning Objectives
- Describe the major issues relating to preparing a contract in the area of international purchasing and supply.
- Outline some problems frequently encountered in such contracts.
- Describe the main features of the world’s three principal legal systems.
- Identify the specific points to take into account with regard to international contracting.
- Outline the main links between the nature of the contract and the type of supplier-buyer relationship to be developed.
- Describe the main issues to consider regarding contracting in the digital age.
Unit Contents
- Preparing the contract
- Major issues related to preparing the contract
- Problems encountered in international purchasing and supply contracts
- The different legal systems
- Main themes to keep in mind: what makes a good contract?
- Supply strategy and the contract
- Some key contractual issues
- Contracting in an outline environment
- Conclusion
Spot and Regular Trading Contracts
Unit Summary
This Unit describes the main contractual terms and conditions that apply to support purchasing and regular trading. It outlines the purpose of each term, the reason why it must be included in a contract, and the main focus of its contents.
Learning Objectives
- Describe what is meant by a spot contract and regular trading.
- Identify and briefly describe which are the key clauses that specifically relate to spot contracts and regular trading with suppliers.
Unit Contents
- Introduction
- List of clauses
Call-Off and Fixed Contracts
Unit Summary
- Here the main contractual terms and conditions that apply to call-off or fixed contracts are described. It outlines the purpose of each term, the reason why it must be included in a contract, and the main focus of its contents.
Learning Objectives
- Describe what is meant by call-off and fixed contracts.
- Identify and briefly describe which are the key clauses that specifically relate to call-off and fixed contracts.
Unit Contents
- Introduction
- List of clauses
Partnership and Joint Ventures Contracts
Unit Summary
This Unit describes the main contractual terms and conditions that apply to partnerships and joint ventures. It outlines the purpose of each term, the reason why it must be included in a contract, and the main focus of its contents. A comparative overview of the terms applicable to these various kinds of contracts is also given.
Learning Objectives
- Describe what is meant by partnerships and joint ventures.
- Identify and briefly describe which are the key clauses that specifically relate to partnership and joint venture.
- List the key clauses to include in your contracts for each of the types of supply strategies that your company uses.
- Describe the interaction between different contracts and supply strategies.