Introduction
The aim of this course is to provide a comprehensive overview of contracted activties with a specific focus on the existing European Union regulatory framework, exploring how aviation stakeholders and authorities are governed under EU aviation safety regulations. Participants will be equipped with the skills to understand and analyze the regulatory framework governing contracted ativities, manage and negotiate contracts in the aviation industry, with a focus on: addequately addressing safety requirements, risk assessment and mitigating, understand the overisght mechanisms by competent authroities and understanding regulatory, financial insurance and responsibility implications.
Contracted activities/services and contract management is a daily business in the aviation sector. As such, this course is dedicated to a detailed analysis of the main provisons contained in the European aviation legal framework related to outsorcing critical services while maintaining the level of safety and efficiency. The course will also develop on issues related to insurance, responsibility and accountability, as well as
The course will examine the obligations stemming from the regulatory framework, while examining the roles and responsibilities of the stakehilders and their contractors. Furthermore, aspects related to aircraft management will be analyzed based on a standard aircraft lease agreement. This course will provide participants with a larger and in-depth knowledge of contracting and sub-contracting in aviation and will focus on the operational and financial consequences of specific contractual clauses.
Course Content
1. INTRODUCTION TO CONTRACTED ACTIVITIES:
- Definition and types of contracts
- The constitutive elements of a contract
- The links between contracts, sub-contracting, contract management and service level agreements
- The contract in an operational environment: compliance with regulations
- The differences between civil law and common law legal systems – contractual consequences
2. REGULATORY FRAMEWORK:
- Definition of contracted activities
- Overview of the main EU Regulations conatining provisions related to contracted activities
- Identify correlated ICAO Standards
- Roles and responsbilities of stakeholders and contractors
3. CONTRACTED ACTIVITIES AND SAFETY REQUIREMENTS COMPLIANCE:
- Identification of safety obligations
- Development of specific contractual clauses or tender requirements for ensuring compliance with safety requirements of contracted activities
- Integrate Safety Management and Information Security Management principles in contracts
- Obligations of oversight
4. LEGAL RESPONSBILITIES FOR CONTRACTED ACTIVITIES:
- Understanding the concepts of responsibility and accountability
- Stakeholder and contractor obligations
- Safety and Quality Assurance in contracts
- Liability, insurance, legal recourse in cse of non-compliance
5. OVERSIGHT AND MONITORING OF CONTRACTED ACTIVITIES:
- Oversight of contrated activities
- Oversight by the Competent Authority of Stakeholders and their contrated activities
- Compliance monitoring
- Risk based oversight
- Preparing for audits (internal and eternal)
6. RISK MANAGEMENT IN OUTSOURCING:
- Applying SMS principles to contracts
- Risk assesment, transfer and mitigation
7. CONTRACT MANAGEMENT:
- Definition
- Importance of contract management
- Upstream and pre-award activities
- Downstream and post-award activities
8. CONTRACT ANALYSIS:
- Parties concerned
- Definitions
- Description of the subject (activities) and Scope of Work (including aspects related to geographical coverage and timeframe)
- Applicable standards and regulations
- Service Level and Performance
- Staff and Competency
- Infrastructure and Equipment
- Safety Management
- Reporting
- Duration and anticipative dissolution
- Maintenance: compliance with regulations, sub-contracting
- Operations: Operational requirements – subcontracting
- Pricing and Payment
- Change Management
- Liability and Insurance
- Dispute Resolution
- Important clauses: representations and warranties, disclaimers, breach of contract and consequences
- Applicable law and jurisdiction: importance
9. SPECIFIC DOMAIN CONTRACTS:
- Specifications
- Responsibilities Lessor/Lessee (operational, maintenance, insurance)
- Authorizations: intra EU/Third countries
Learning Objectives
Upon completion of this course you will be able to:
Understand the concept and scope of contracted activities within the aviation sector
Participants will be able to identify and define contracted activities in aviation, including to determine the types of services and functions that can be outsourced, while understaing the rationale and objectives.
Analyze the European Regulations governing contracted activtities
Participants will be able to identofy and interpret the main Europeana Union regulations and their implementing rules related to contracted activities.
Evaluate the legal responsbilities of stakeholders and their contractors
Participants will be able to understand, identify and clarify their obligatons when contracting services as well the concepts of resposnbility and accountability and the legal implications.
Identify and understand the oversight and auditing processess applied by competent authorities
Participants will understand what overseeing contracting activities by competent authorities means, as well as understand and prepare for internal and external auditing processes, including compliance monitoring and surveillance programs.
Assess risk management and safety assurance strategies associated with outsourcing
Participants will develop skills and knowledge to apply the safety management system (SMS) principles to contracted activities and identify key risks as well as their impact on safety.
Analyze and Interpret Contractual Clauses:
Participants will develop the ability to thoroughly analyze contractual clauses, identify potential risks, and assess their implications on operational and financial outcomes.
Identify and Address Problematic Clauses:
Participants will be able to recognize problematic clauses in contracts, evaluate their impact, and propose strategies to mitigate risks and resolve issues before contract execution.
Who should take this course
All employees, specifically personnel involved in compliance monitoring, quality assurance and safety management, accountable managers, inspectors and auditors, aviation training providers, legal and compliance personnel.
Pre-requisites
Not applicable.
However, completion of a course in Safety Management Systems (SMS), Infromation Security Management Systems (ISMS), or Regulatory Overview within a specific aviation domain would be considered an asset.
Course Requirements:
Participants are kindly requested to bring a laptop to the course, as all course materials will be provided exclusively in electronic format.
Duration
3 days, starting at 09:00 and ending at approximately 17:00 each day.