Media Edutama Indonesia

Training Online – Procurement Contract Drafting

September 24, 2024

PURPOSE

Construct relevant contracts for various purposes
Examine the commercial impact of particular terms and conditions
Examine the impact that would occur commercially to the certain terms and conditions
Develop a good contract to minimize disputes between the parties
Handle disputes efficiently and effectively
Using the methodology used in international contracts

OUTLINE MATERI

1. The Importance of Contract

2. Hands on Guide Drafting Commercial Contract

What is a Commercial Contract The Contract Law Fundamentals & Elements
Difference Between MOU, Letter of Intent an Agreement
Converting MOU, Letter of Intent into a Formal Contract
Formation of Contracts Techniques in Drafting Contracts
Introductory Provisions Including Parties, Recitals, Definitions
Critical Provisions Including Appointment, Conditions Precedent, Consideration, Covenants, Term & Termination, Representations, Warranties and Indemnities
General Clauses like Governing Law, Arbitration, Force Majeure, Arbitration, etc

3. Tender Process and Different Contract Types

Auctions and Bids
Process Dealing with Tender
Inviting Tender
Proposal’s Request
Quotation’s Request
Prequalification
Compliance
Letters of Award
Heads of Terms and Letters of Comfort
Deciding The Type of Contract to be Used
- Advantages and Disadvantages
- Fixed Fee to Solve The Problem
- Modern Methodology
Clauses to Adjust The Economic Price
Bonds and Guarantees
Compliance with Law/Change of Law

4. Main Contract Clauses

Obligation to Deliver/Perform
- Controlling Subcontractors
- Monitoring and Milestones
Payment’s Secure
Ensuring Prompt Payment
Nonpayment Remedies
Learning the Usage of ‘Letters of Credit’
Parent Company Guarantees
Time and Place of Delivery
Transfer of Title and Risk ICC Incoterms
The Retention of Title Clauses
The Important of Time
Delivery, Ownership and Risk in Procurement
Insurance
Indemnities When We Need Them
Liquidated Damages/Penalties and the Dangers