cpd points fidic contracts credited by

Association of Consulting

Engineers Botswana

Present

FIDIC Contracts Online Training Courses Integrity Management Workshop 1 CPD Point (11th – 12th November

2020)

Module 2: Management of Claims & Resolution of Disputes

2 CPD Points (16th – 19th November 2020)

Module 3: Dispute Adjudication Boards 2 CPD Points (7th – 10th December 2020)

For More Info Contact: Lillian/Karabo [email protected]; or [email protected]

Tel: 3191297/71309741/76264962 The course is presented by FIDIC trainer, Dr Sebastian Hok who is highly qualified

and experienced in the use of FIDIC documents and is BQA accredited.

Early Bird Registration Deadline: 16th October 2020

FIDIC is the International Federation of Consulting Engineers. Its members are national associations of consulting engineers.

CPD Points

Credited by

Seats are Limited. Register

NOW!

mailto:[email protected]

COURSE info

Improving Claim Management Activities from a Contractor´s, Employer´s and Engineer´s perspective

Module 2: Management of Claims and Resolution of Disputes Ensuring that staff using FIDIC contracts can manage claims & disputes

Course Programme Managing Change Think legallyCauses and risks; Inherent project risks Role of the Engineer Contractor´s & Employer´s Claims Notices and Claims Procedure Assessment of Claims & Determinations Cost & EOT Claims

• Programming • Critical path methods • Quantifying and ascertaing claims for

payment and EOT Employer’s financial claims

• Delay damages; Defects in work and design

Retention and Bonds Using DABs Dispute Adjudication Board principles

• Standing and ad hoc; Dispute prevention; selection

• Referral; Presentation of evidence; Decision

• Working of the DAB; Dissatisfaction; MDBs’ Amendments

Post DAB/Engineer’s decision Implementation and enforcement Arbitrating claims; amicable settlement

The course addresses all who are involved in the management and administration of FIDIC based contracts, with

a focus on the management of Employers´ and Contractors´ claims, including the pursuit, defence, and the

assessment of claims by the Engineer or Employer´s Representative.

Claim Management is an element of risk management and requires a variety of skills from all who are involved.

It involves programming, calculation and psychological and cultural skills. The course provide sthe necessary

inside information. It will help to avoid inflated claims and abuse of right as well as unnecessary foreclosure of

claims.

Module 3: Dispute Adjudication Boards

Ensuring that experienced practitioners can manage, act upon Dispute Adjudication Boards and act as Dispute Adjudication Boards.

Course Programme

▪ Session 1 Adjudication Principles ▪ Session 2 Dispute Resolution (in General) ▪ Session 3 Legal status of an Adjudicator and DABs ▪ Session 4: Putting in Place a DAB and Responsibilities ▪ Session 5: Establishing DABs & DAB Costs ▪ Session 6: Operating a standing DAB

o Referrals o Pre Hearing o Decision o Enforceability

▪ Session 7: Special Procedures Session 8: Case Studies

The FIDIC Golden Principles (launched in 2019) make the use of Dispute Boards under FIDIC contracts

indispensable. The use of DBs is formative element of FIDIC contracts and has as such become a part of

best practice. Such Boards shall improve the performance of all who are involved in contract

management, shall help avoiding disputes and improve foreseeability and predictability and certainty.

Since 1999 DABs are a great success and recognized by all multilateral developments banks and other

funding institutions.

The course addresses all who are involved in the use of Dispute Boards including employers´ and

contractors´ personnel and those who are potentially available as DAB members.

FIDIC Contracts Integrity Seminar

The course addresses all who are involved in public procurement of works and services, the execution of the Works and the administration of FIDIC contracts. Seminar Programme

▪ What exactly is meant by the terms bribery and corruption? ▪ What is the function of the law and the FIDIC Contract? ▪ Pre Tender and Tender Stage ▪ After Contract Award ▪ Instructions and Determinations ▪ The role of the Engineer and Effects of Engineer´s actions ▪ The role of Standing Dispute Adjudication Boards ▪ Best Practice and consequential effects ▪ Frequent Mistakes ▪ Solutions and Conclusions

Integrity is a valuable ethical approach towards procurement and administration of FIDIC Contract.

How to does corruption grow and how to avoid it through the use of FIDIC forms of Contract? FIDIC

is working on integrity and no bribe policies since a long time. FIDIC has published the following

documents in respect of integrity management:

• Integrity Management System (FIMS) Guidelines 1st Ed (2011) Part1 - Policies and principles: describes the FIDIC Integrity Management System (FIMS)

• FIDIC Business Integrity Management System (BIMS) Training Manual 1st Ed (2002) • Business Integrity Management System (BIMS) Guidelines Test Ed (2001) - describes the

FIDIC Business Integrity Management System (BIMS). Electronic version in PDF • Client/Consultant Model Services Agreement 4th Ed (2006 White Book) • Government Procurement Integrity Management System (GPIMS) Guidelines Draft Ed

(2006), Electronic version in PDF • Quality and Integrity Management Collection • ISO 9001:2000 Quality Management Interpretive Guide 1st Ed (2001) • Quality Based Selection (QBS) Guidelines (2011)

Participants will be provided with the; ➢ Integrity Management System (FIMS) Guidelines 1st Ed (2011) Part1 - Policies and principles: describes

the FIDIC Integrity Management System (FIMS) However, participants should bring the FIDIC Red Book and FIDIC White Book with them, if available, in order to facilitate

the training or alternatively purchase at ACEB. The training requires the use of the FIDIC Red and White Book

CORRUPTION Where corruption occurs Corrupt practices can occur at all stages of the procurement process: In the marketing of engineering services; during the design; in preparing tender documents (including specifications); in pre-qualifying tenderers; in evaluating tenders; in supervising the performance of those carrying out the construction; issuing of payment certificates to contractors; and making decisions on contractors' claims. Business development The selection of a Consulting Engineering Firm is a most important task and is the basis for the essential and mutual client-consultant trust. The various selection criteria advocated by FIDIC, to be applied in judging a firm's suitability to carry out a project, are completely undermined if the selection process is tainted by corruption. The preparation of a short list is an important part of the process, and must be carried out openly. The Consulting Engineering Firm should promote availability and capability to perform consulting services only on the basis of quality considerations and should not seek work which calls for expertise beyond their particular training and experience. A bribe of whatever form, intended to influence an evaluation committee during the pre-qualification phase, or later during the final retainer discussions, whether directly or indirectly (using mechanisms such as scholarships, actions of agents, or currency

exchange facilities) constitutes unethical behaviour. Design, specification preparation and pre-qualification In the preparation of designs, and later the specification documents, the Consulting Engineering Firm must pursue the best interests of the Client. The Consulting Firm must not accept remuneration from suppliers which are under consideration for incorporation into the design, and must avoid references to brand names. The Consulting Firm must not be influenced to use products or processes because they are owned or promoted by organizations with whom the Consulting Firm may have an affiliation, except where the Consulting Firm has a role, known to the Client, as an equity participant in (for example) a design and build project. The delivery system or contractual approach recommended to the client must be the most appropriate for the project. Similarly, in evaluating potential tenders during a pre-qualification period, the best interest of the client must be paramount. This usually means the fostering of competitive tendering. The use of FIDIC forms of Conditions of Contract, which are balanced documents developed and revised in the light of experience, is recommended. Even more importantly, a tendering and evaluation process conducted with transparency and expedition will make more likely a contract award which will be predicated upon proper factors. As quoted in the FIDIC document `Tendering Procedure', the key factors and method of evaluation should be established in the introductions to the tenderers, in order that the subsequent evaluation will be objective and fair to all tenderers

Construction supervision and claims During the course of the construction, the Consulting Engineering Firm is charged with the responsibility of exercising his discretion in accepting materials, expressing satisfaction or approval, determining quantities and value, and giving opinion, consent or decision. The proper and impartial exercise of that responsibility, in the client's best interests, is at the core of the Consulting Firm's role and is the essence of the FIDIC system. Consistent with the objectives of this policy statement, it is noted that the FIDIC Design

Build and Turnkey Conditions of Contract, as with the laws of many countries, provide that bribery by the contractor is a basis for contract termination, much like the more conventional bases for default. The Consulting Engineering Firm must not offer or accept remuneration of any kind which may be perceived to, or in reality, attempt to influence the selection or compensation procedure or affect the impartial judgement of the Consulting Engineering Firm. FIDIC and ACEB provide you with a one day course on integrity management which shall

help the stakeholders to identify the issues, to award and manage FIDIC Contracts properly. This course has been successfully tested in Botswana. Attachment: FIDIC Recommendations: Therefore, FIDIC recommends as follows:

1. Member Associations and their members (firms and individuals) should internally develop and maintain systems to protect their high ethical standards and codes of conduct. They should co-operate candidly with other organizations which seek to reduce corruption. Member firms should associate themselves only with other firms who share similar high ethical standards.

2. Member firms should have a commitment to integrity through the implementation of a Business Integrity Management System involving all levels of management and every employee, focusing on corruption prevention.

3. Members Associations should assist member firms in developing a Business Integrity Management System, by providing guides, training and general support. Member firms should have access to an independent evaluation of the Business Integrity Management System with guidelines developed by the profession.

4. To reduce the opportunities for corruption in the process of procurement of engineering and construction services, qualification-

based selection procedures and competitive tendering, respectively, should be used.

5. In implementing particular projects, Consulting Engineering Firm should recommend to their clients the most appropriate and objective procurement process or delivery system, consistent with the demands of the project.

6. Funding agencies should be kept fully informed by the Consulting Firm of the procurement steps as they occur. The Consulting Firm shall notify funding agencies of any irregularities, in order that cancellation or other remedies may be exercised, in accordance with the loan agreement.

7. Member firms should be aware of local law regarding corruption and should promptly report criminal behaviour to the proper law enforcement authorities.

8. FIDIC Member Associations should take prompt disciplinary actions against any member firms found to have violated the FIDIC Code of Ethics. This could include, among other actions, expulsion, and notification to public agencies. Procedures should be established by member associations to assure that the due process of law is afforded in such cases. The procedure for determining whether the expulsion of a member firm is warranted, should be conducted confidentially but expeditiously.

9. Member associations should foster and support the enactment of legislation in their own countries, which is aimed at curbing and penalising corrupt practices

COURSE FEES

Early Registration Late Registration

Module Duration (before 16th Oct (from 17th Oct

2020) 2020)

Integrity Management Workshop

ACEB Members 2 days 2,100.00 2,205.00

Non-Members 2,352.00 2,469.00

Module 2 ACEB Members 4 days 4,200.00 4,410.00

Management of Claims & Resolution of Disputes

Non-Members 4,704.00 4,939.00

Module 3 Dispute Adjudication Boards

ACEB Members 4 days 4,200.00 4,410.00

Non-Members 4,704.00 4,939.00

ACEB - FIDIC TRAINING COURSES

November 2020

Sun Mon Tues Wed Thurs Fri Sat

8 - Nov 9 - Nov 10 - Nov 11 - Nov 12 - Nov 13 - Nov 14 - Nov

IMW

Dr S. Hök IMW

Dr S. Hök

Morning Session

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

Afternoon Session

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

November 2020


15 - Nov 16 - Nov 17 - Nov 18 - Nov 19 - Nov 20 - Nov 21 - Nov

Module 2 Dr S. Hök

Module 2 Dr S. Hök

Module 2 Dr S. Hök

Module 2 Dr S. Hök

Morning Session

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

Afternoon Session

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

December 2020


6 - Dec 7 - Dec 8 - Dec 9 - Dec 10 - Dec 11 – Dec 12 - Dec

Module 3 Dr S. Hök

Module 3 Dr S. Hök

Module 3 Dr S. Hök

Module 3 Dr S. Hök

Morning Session

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

08:30a.m to 10:00a.m

Afternoon Session

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

14:30p.m to 16:00p.m

ACEB - FIDIC TRAINING

Association of Consulting Engineers Botswana

FIDIC MODULES 11th - 12th November 2020

REGISTRATION FORM

Integrity Management Workshop Delegate Details (Please use BLOCK CAPITALS) - DETAILS TO APPEAR ON NAME BADGE AND COURSE CERTIFICATE. Mr/Mrs/Miss/Dr - First Name

Job Title

Company / Organisation & Postal Address

Dietary Requirements

E-mail & Mobile Number

IMW (11th – 12th November 2020) Is your company an ACEB Member? Yes No

COSTS: (PLEASE FILL IN RELEVANT AMOUNT/S)

IMW

Early Registration (before 16th Oct 2020) 2,100-00 (ACEB Members)

PAYMENT BEFORE 16th Oct 20 IS ESSENTIAL 2,352.00 (Non - Members)

Late Registration (after 16th Oct 2020) 2,205.00 (ACEB Members)

2,469.00 (Non - Members)

TOTAL

Term & Conditions:

▪ In order to secure your place, advance booking is essential.

▪ The full fee is payable, if you cancel less than 5 working days prior to the start of the course, a 25% cancellation fee will be charged (to cover

administration costs)

▪ Payment must be made before the course date, as you will only receive your Attendance certificate once payment in full has been received.

▪ If you fail to attend the course you will still be liable for the full registration fee, but substitutions and transfers can be made at any time.

▪ ACEB reserves the right to change/cancel the course date, speakers or venue without prior notification.

DELEGATE’S SIGNATURE: ______________________________________________________ DATE: ___________________________________ By signing this Registration Form you hereby agree that you have read and understood the above Terms and Conditions.

Please fax Proof of Payment after receiving your invoice to +267 3191297 OR e-mail to [email protected] or [email protected]; for:

ATTENTION: KARABO RAKGOLE



Payment Methods: Full Payment of the Course/s Fees are Due in advance as Follows: By Cheque payable to: Association of Consulting Engineers Botswana Deposit to Stanbic, Industrial Branch 061967 A/C: 9060000718217 Or contact Karabo to arrange collection

By Bank Transfer: (in Botswana Pula) to: Stanbic, Industrial Branch 061967 A/C: 9060000718217, SWIFT Code: SBICBWGX Please ensure that all Bank Charges charged in the country of origin are paid before transmission.



FIDIC MODULES 16th - 19th November 2020

REGISTRATION FORM

Module 2 – Management of Claims & Resolution of Disputes Delegate Details (Please use BLOCK CAPITALS) - DETAILS TO APPEAR ON NAME BADGE AND COURSE CERTIFICATE. Mr/Mrs/Miss/Dr - First Name

Job Title




MODULE 2 (16th – 19th November 2020) Is your company an ACEB Member? Yes No


Mo

du

le 2





TOTAL

Term & Conditions:














FIDIC MODULES 7th - 10th December 2020

REGISTRATION FORM

Module 3 – Dispute Adjudication Boards Delegate Details (Please use BLOCK CAPITALS) - DETAILS TO APPEAR ON NAME BADGE AND COURSE CERTIFICATE. Mr/Mrs/Miss/Dr - First Name

Job Title




MODULE 3 (7th – 10th December 2020) Is your company an ACEB Member? Yes No


Mo

du

le 3





TOTAL

Term & Conditions:












cpd points fidic contracts credited by

Documents