Procurement Law and Contract Governance Masterclass Training Course

Module 1: Foundations of Procurement Legal Frameworks

ü  Core principles of commercial contract law: Offer, acceptance, consideration, and legal capacity

ü  Battle of the forms: Resolving conflicting standard terms and conditions

ü  Comparing public sector procurement statutes with private sector commercial law

ü  Pre-contractual documentation: Letters of Intent (LoI), MOUs, and Non-Disclosure Agreements (NDAs)

ü  Practical Session: Evaluating standard purchase order terms to resolve conflicting vendor conditions and establish binding acceptance

Module 2: Tendering Law, Bidding Process, and Legal Liabilities

ü  Legal duties of buyers during invitation to tender (ITT) and request for proposals (RFP)

ü  The legal status of bid submissions and implied tendering contracts

ü  Preventing bid rigging, collusion, and unfair evaluation challenges

ü  Disqualification mechanics, debriefing unsuccessful bidders, and judicial review risks

ü  Practical Session: Reviewing a contested tender evaluation process to identify legal exposure and draft defense arguments

Module 3: Drafting Commercial Procurement Contracts

ü  Structuring commercial agreements: Preamble, recitals, operative clauses, and schedules

ü  Translating commercial specifications and Service Level Agreements (SLAs) into enforceable legal language

ü  Drafting unambiguous pricing mechanisms, payment triggers, and indexation clauses

ü  Express conditions, covenants, and warranties vs. implied statutory terms

ü  Practical Session: Drafting key operational and payment clauses for a complex equipment supply contract

Module 4: Risk Allocation: Liabilities, Warranties, and Indemnities

ü  Structuring indemnification clauses: Direct vs. consequential damages and third-party claims

ü  Drafting enforceable limitation of liability and cap-on-liability provisions

ü  Express, implied, and statutory warranties: Fitness for purpose and merchantable quality

ü  Force majeure, hardship, and frustration doctrines in volatile global supply chains

ü  Practical Session: Redrafting a high-risk limitation of liability clause to balance risk exposure between buyer and supplier

Module 5: Intellectual Property, Data Privacy, and Confidentiality in Procurement

ü  Ownership of IP created under procurement contracts: Foreground vs. background IP

ü  Licensing rights, software usage, and technology transfer agreements

ü  Data protection compliance (GDPR/national privacy laws) in vendor processing activities

ü  Drafting robust confidentiality and non-solicitation covenants

ü  Practical Session: Formulating an IP ownership and data protection schedule for a technology service contract

Module 6: Regulatory Compliance, Anti-Corruption, and Ethics

ü  Foreign Corrupt Practices Act (FCPA) and UK Bribery Act in vendor vetting

ü  Anti-money laundering (AML), sanctions screening, and beneficial ownership verification

ü  Local content legal mandates and sustainable procurement compliance

ü  Whistleblower protection and handling internal compliance investigations

ü  Practical Session: Conducting a legal compliance audit on a multi-tiered international vendor dossier

Module 7: International Trade, Cross-Border Procurement, and Incoterms

ü  Legal implications of Incoterms 2020 on risk, title transfer, and transport liabilities

ü  Managing cross-border currency risk, tariffs, customs duties, and import regulations

ü  Choice of law, governing law clauses, and jurisdictional challenges in international contracts

ü  CISG (United Nations Convention on Contracts for the International Sale of Goods) application

ü  Practical Session: Formulating a jurisdiction and governing law clause for a cross-border procurement agreement

Module 8: Post-Award Contract Governance, Variations, and Performance

ü  Legal management of contract variations, scope changes, and price adjustments

ü  Contractual notice requirements and time-bar clauses for extensions of time (EoT)

ü  Monitoring supplier deliverables against contract milestones and audit requirements

ü  Managing subcontractor legal liability and privity of contract issues

ü  Practical Session: Assessing a formal contractor claim for time extension and additional cost compensation

Module 9: Contractual Remedies, Default, Termination, and Damages

ü  Distinguishing between fundamental breach, material breach, and minor default

ü  Drafting termination for convenience and termination for cause clauses

ü  Enforceability of liquidated damages vs. unenforceable penalty clauses

ü  Repudiation, step-in rights, and securing alternative supply cover

ü  Practical Session: Drafting a legally compliant notice of default and termination letter to a non-performing vendor

Module 10: Dispute Resolution, Arbitration, and Litigation Strategy

ü  Multi-tiered dispute resolution clauses: Negotiation, mediation, and expert determination

ü  International commercial arbitration frameworks (UNCITRAL, ICC, LCIA)

ü  Enforcing arbitral awards under the New York Convention

ü  Preserving evidence, legal privilege, and litigation hold protocols

ü  Practical Session: Simulating an accelerated dispute resolution meeting to negotiate a settlement on contested contract claims

About Our Trainers

Our courses are developed and delivered by distinguished commercial attorneys, legal advisors, and senior procurement consultants. Our faculty members bring over 15 years of international experience negotiating high-stakes commercial agreements, advising corporate boards, and managing complex procurement disputes across Africa, the Middle East, Europe, and globally. Holding advanced legal qualifications (such as LL.M. degrees, Bar Admissions, and CIPS credentials), our trainers combine rigorous academic knowledge with real-world legal practice.

Quality Statement

Phoenix Training Center is dedicated to delivering high-impact executive education that meets international standards of excellence. We continuously update our training materials to incorporate emerging statutory regulations, precedent setting legal cases, and modern procurement law practices. Our quality assurance framework guarantees that every participant receives practical, actionable legal knowledge designed to enhance contract governance, lower organizational risk, and ensure total regulatory compliance.

Tailor-Made Courses

We understand that every organization has unique challenges and opportunities as well as unique training needs. Phoenix Training Center offers tailor-made courses designed to address specific requirements and challenges faced by your team or organization. Whether you need a customized curriculum, a specific duration, or on-site delivery, we can adapt our expertise to provide a training solution that perfectly aligns with your objectives. We can customize this Course to focus on your industry, specific risk profile, or internal stakeholder dynamics. Contact us to discuss how we can create a bespoke training program that maximizes value and impact for your team. For further inquiries, please contact us on Tel: +254720272325 / +254737296202 or Email training@phoenixtrainingcenter.com.

Admission Criteria

ü  Participants should be reasonably proficient in English.

ü  Applicants must live up to Phoenix Center for Policy, Research and Training admission criteria.

Terms and Conditions

ü  Discounts: Organizations sponsoring Four Participants will have the 5th attend Free

ü  What is catered for by the Course Fees: Fees cater for all requirements for the training – Learning materials, Lunches, Teas, Snacks and Certification. All participants will additionally cater for their travel and accommodation expenses, visa application, insurance, and other personal expenses.

ü  Certificate Awarded: Participants are awarded Certificates of Participation at the end of the training.

ü  Course Improvement: The program content shown here is for guidance purposes only. Our continuous course improvement process may lead to changes in topics and course structure.

ü  Approval of Course: Our Programs are NITA Approved. Participating organizations can therefore claim reimbursement on fees paid in accordance with NITA Rules.

Booking for Training

Kindly send an email to the Training Officer on training@phoenixtrainingcenter.com and we will send you a registration form. We advise you to book early to avoid missing a seat to this training. Or call us on +254720272325 / +254737296202

Payment Options

We provide 3 payment options, choose one for your convenience, and kindly make payments a week before the training starts (at least 5 to 7 days before the Training start date) to reserve your seat:

ü  Groups of 5 People and Above – Cheque Payments to: Phoenix Center for Policy, Research and Training Limited should be paid in advance, a week before the training starts.

ü  Invoice: We can send a bill directly to you or your company.

ü  Deposit directly into Bank Account (Account details provided upon request)

Cancellation Policy

ü  Payment for all courses includes a registration fee, which is non-refundable, and equals 15% of the total sum of the course fee.

ü  Participants may cancel attendance 14 days or more prior to the training commencement date.

ü  No refunds will be made 14 days or less before the training commencement date. However, participants who are unable to attend may opt to attend a similar training course at a later date or send a substitute participant provided the participation criteria have been met.

Accommodation and Airport Pick-up

For physical training attendees, we can assist with recommendations for accommodation near the training venue. Airport pick-up services can also be arranged upon request to ensure a smooth arrival. Please inform us of your travel details in advance if you require these services. For reservations contact the Training Officer on Email: training@phoenixtrainingcenter.com or on Tel: +254720272325 / +254737296202.