C04 · Core course

Maritime Contracts, Tenders and Procurement

A good contract does not hide risk; it makes risk something you can decide on before you sign.

  • 12 heures
  • 6 120-minute sessions
  • Persian or English · in person or online

The management problem

Unclear tender scope, risk allocation and mechanisms for managing change and disputes.

Audience: Legal, procurement, contract and port managers

Course aim: Identify contractual risks and design controls for the procurement process

Key questions

  • Which type of contractual instrument fits the problem?
  • How can the risks of change in law, delay and performance be allocated fairly?
  • Where are the control points for transparency and dispute management?

Measurable learning outcomes

By the end of the course, participants will be able to:

  1. Choose the contract type and RFP structure that fit the need
  2. Design a risk allocation matrix and conflict-of-interest controls
  3. Propose redrafts of five high-risk clauses for specialist review and negotiation

Sessions

  1. C04-S01 · 2 hours

    The contractual framework and types of instrument

    Commercial contracts, charter parties, concessions, MoUs and the use of BIMCO forms

    Assessed output: A map for choosing the contractual instrument

  2. C04-S02 · 2 hours

    Designing the RFP and tender requirements

    Scope, evaluation criteria, transparency, conflicts of interest, documents and outputs

    Assessed output: A tender document checklist

  3. C04-S03 · 2 hours

    Risk and the allocation of responsibility

    Regulatory risk, change in law, delay, performance, force majeure, insurance and guarantees

    Assessed output: A risk allocation matrix

  4. C04-S04 · 2 hours

    Procurement controls and corporate governance

    Approvals, documentation, confidentiality and control points

    Assessed output: A process and control map

  5. C04-S05 · 2 hours

    Negotiation and dispute prevention

    Clear wording of key clauses, change control, notices and dispute resolution

    Assessed output: Proposed revisions to five hypothetical clauses

  6. C04-S06 · 2 hours

    Workshop: assessing a fictional contract

    Review of a mock contract with stated assumptions

    Assessed output: A management note on contract risk

Core scenario (fictional, for training only)

A fictional port employer has received a draft tender with vague evaluation criteria and unbalanced change-in-law clauses. Groups must list the risks and the changes they propose.

Final project

A risk matrix and RFP checklist

Criteria: precise identification of the problem and sources, clear reasoning, organisational accountability, prioritised actions, stated limitations and readiness for presentation to a decision-maker.

Method and assessment

Review of a sample RFP, analysis of key clauses and a risk allocation matrix. Interactive teaching, case analysis, group work and trainer feedback.

Short test 20%, session exercises 40% and final project 40%. The suggested criterion for an internal certificate of completion is at least 80% attendance and a score of 70 out of 100; this is not an official IMO or STCW standard.

Official sources

BIMCO standard forms do not replace local legal advice or a review of whether specific clauses are enforceable in a given contract.

Échange confidentiel

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Chaque échange reste confidentiel · +98 912 933 2824

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