The World Bank recognizes that accepting Abnormally Low Bids and Proposals can put the contract in jeopardy: increased overall costs, contract delays or even the collapse of a contract. Consequently, WB has given its guidance. The new methodology described in this post provides Borrowers with a structured approach to address the issue of ALBs.
A dispute adjudication board (DAB) aims to stop disputes over FIDIC contracts ending up in commercial arbitration. This post gives further information about the members of a DAB, their expected behaviour and their decision.
Package deals are a powerful approach to resolve, in one go, a substantial number of issues during a contract negotiation. They are a “must have” in the toolbox of an efficient negotiator. In the post here below, we have analysed some important aspects around initiative, timing and presentation of such deals.
Contract Risk Scoring is a hot topic. IACCM is actively promoting it. But, as this subject is quite new for many of us, we’ll all have a couple of questions. Here below we provide the answers to the most asked questions on the topic.
Contract Risk Scoring is an effective way to analyse contracts for their risks on commercial and contractual issues. We have applied this on a typical World Bank Contract for PLANT. The Contract Risk Scoring is 25 which means it is a low risk contract. This article provides the report and analysis.
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Companies are gradually reducing their staff to below the levels needed to be fully operational. The successful companies of the future will only have a core of employees to establish and maintain the company’s culture, strategy, brand, focus etc and rely on well-selected external resources. In this post, we have reflected on vital points in that context: confidentiality, dependence, value creation and risk analysis.
IACCM, the International Association for Contract & Commercial Management, is promoting that we would start risk scoring our contract portfolio. With TRaCRs, the Tender Risk and Contract Review system, AfiTaC has developed a free tool for contract scoring. This tool will rate your contract on 20 different subjects. Contract scoring will contribute to your objective to negotiate and execute balanced contracts.
This article explains the changes from the first (1999) to the second (2017) edition of the Rainbow Suite (Red, Yellow and Silver Books). FIDIC has put good efforts in making their standard contracts more balanced: dispute avoidance, dealing with delicate issues like variations and programme and further introducing project management best practices.
Maybe even more than taking advice on what we should do, as negotiators, we need to be aware of what we should not do. This post provides you with 5 “don’ts” that are pretty straightforward. Staying away from these is a necessity to remain a credible and successful negotiator.