Description

The execution of public contracts requires rigorous and qualitative monitoring to be able to guarantee the adequacy of the services provided to the needs expressed in the calls for tenders. This training will allow you to secure the administrative, technical and financial aspects during the execution of your contracts.

Who is this training for ?

For whom ?

Public procurement managers, purchasing managers and anyone required to manage a public market tender.

Prerequisites

Training objectives

Master the legal framework for the execution of public contracts Identify and avoid the pitfalls linked to the execution of a public contract Implement market execution management tools Ensure effective market management

Training program

• The impact of market forms on their monitoring
  • Purchase order markets.
  • Framework agreements and subsequent contracts.
  • Single or multi-operator markets.
  • Co-contracting and subcontracting.
• So-called market sensitive clauses
  • The duration of the contract, the execution times and the guarantee.
  • The firm, updatable, revisable and provisional price.
  • The penalties applicable to the contracts.
  • Termination of the contract.
  • Modifications in progress: amendments and the decision to continue.
  • Complementary and similar contracts.
  • Case study Price variation clauses and modifications during execution of the market.
• Management of financial guarantees to secure the execution of contracts
  • The creation of a first-demand guarantee or bank guarantee.
  • The retention of guarantee and the advance.
  • The assignment or pledge of receivables .
  • Payment of advances: special cases of co-contracting and subcontracting.
  • Rejection of a payment request.
  • Exercise: Information of forms relating to cases of pledge of receivables.
  • Models for distribution of payment and status of deposit.
• Rules applicable to payments
  • The overall payment deadline and the contours of the mechanism with regard to the different stakeholders.
  • Cases of suspension of the overall payment deadline.
  • The application of the default interest.
  • Additional default interest.
  • Case study The liquidation of default interest.
• Verification and receipt of services
  • The verification operations to be carried out: reception, the guarantees provided for in the CCAG.
  • Contractual and post-contractual guarantees.
  • Cases of rejection, of postponement and rescission.
• Dispute management
  • The case of the service provider in financial difficulties.
  • The repair of defects noted during construction.
  • Pre-litigation remedies: amicable settlement, voluntary recourse and arbitration.
  • Litigation remedies: jurisdictions and procedures.
  • Early termination, termination and cancellation.
  • Exercise: Identification of the types of recourse against the holder.