Contract Development, Negotiation and Management

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Contract Development, Negotiation and Management Course
Introduction:
Organizations worldwide are recognizing the critical role of the contracting function in maximizing operational benefits from tendering and negotiation. Apart from ensuring effective contract management, contract teams are also responsible for mitigating liabilities, safeguarding against termination impacts, and ensuring legal compliance and efficacy across local, regional, and international levels.
Course Objectives:
Upon the successful completion of this course, each participant will be able to:
- Gain an advanced knowledge on contract management and apply its latest techniques, tools, and procedures on planning, strategy, development, legal, negotiation, disputes, claims, risk & administration
- Gain the Advanced Certificate in Procurement Compliance: CCDNM™ which is certified, through independent assessment and accreditation, by the International Federation of Purchasing and Supply Management (IFPSM) PAS Standard
- Use CCDNM™ on your business card and on your resume
- The CCDNM™ certificate will be received approximately one month following the close of the training course
- Select the most appropriate contract strategy
Who Should Attend?
This highly practical and interactive course has been specifically designed for:
- Contract Management Professionals
- Contract Managers and Administrators
- Contract Negotiators
- Contract Lawyers and Attorneys
- Sales Contracting Professionals, including key account managers
- Purchasing, Sourcing and Supply Management Professionals
- Procurement Managers
- Finance Professionals involved in contracting
- Operational Managers
- Commercial Relationship Managers
- Risk & Compliance Managers
- Plus! End-users who impact, or are impacted by, the contracting process
Course Outlines:
Prioritizing the Contracting Objectives
- Developing a list of contracting objectives - technical and commercial to legal
- Balancing Quality, Cost, Delivery & Risk considerations
- The difference between rating and ranking - and the iterative approach
- Separating wants from needs – defining mission-critical contractual objectives & managing stakeholder expectations.
Key Contract Provisions
- Reassessing indemnity and warranty clauses
- Appraisal and benefits of “Knock for Knock” Liability Clauses
- Understanding the full effects of Anti-Indemnity statutes
- Considering alternative pricing clauses –whole life cost approach and alignment with
- Contract objectives
- Overview of contractual obligations which may only be determined by the court
- HSE, Pollution/Spillage
- Case study analysis & review – BP & Transocean
Contract Disputes
- Determine the best course of action through applied risk assessment
- Consider your termination rights and the consequences for your operations
- Look for alternatives in penalty clauses and rights of release clauses
- Enforcing clear language in unclear circumstances
Contract Negotiation Considerations
- Can enterprises renegotiate rates on the basis of the current market chaos?
- Cost analysis models in contract negotiations – issues and opportunities
- Utilizing Porters 5 Forces Model -Understand where the balance of power lies
- Between Buyers & Contractors
- Have you gained or lost negotiating power due to recent trends?
- Executing contracts globally – review of key requirements including the use of digital
- Signatures
- Managing contractual breach - cultural considerations
Key Equipment and Materials Contracts
- Capital equipment agreements
- Equipment rental and lease agreements
- MRO in the operations environment
- Ensuring supply continuity within the remote operating environment
- Contractually managing inventory to ensure operational performance
Key Service Contracts
- Maintenance services
- Consulting and outsourcing services
- Environmental remediation services
- Transportation and logistics agreements
Multi-Party Contracting Scenarios
- Joint ventures – Key IFRS definition & contract party management
- Contractors and their sub-contractors ensuring compliance, reputational protection
- For the buyer organization & exploring excusable/non-excusable delay clauses
- Teaming agreements - risks and rewards
- Distribution and reseller agreements
- Effectively managing Force Majeure clauses
Understanding the Power & Influence Matrix and Their Impact on Contracting
- The keys to maximizing power
- Understanding the shift in power and how to control the shift
- The impact of power on negotiations
- Developing a contract specific power influence matrix
- Aligning Contracting Contribution with organizational Strategy
- Corporate growth strategies and how to enable them
- Ensuring & demonstrating Corporate Governance through contracting
- Policies that can be either enabled or disabled through effective contracting
Integrating Sourcing and Sales Strategies into the Contracting Strategy