This three-day Advanced Contract Management training course will help you to develop the advanced skills required to get the best out of your project contracts. This training course will develop the necessary skills to maximise the value that is returned from these critical commercial relationships, you may have experience in managing projects, contracts, or both. This training course will build on that knowledge in an easily understandable way so that you expand your capability and effectiveness. More importantly, it will give you some practical tools and techniques that you can apply, which will give a tangible increase in the benefit that you will gain from this training course.
The course will help participants understand complex contractual terms and conditions in simple English language.
The 3-day interactive workshop will be conducted using a mixture of practical and theory syndicate sessions followed by group discussion. Delegates are encouraged to email or bring contracts which they are familiar with - which can be discussed in the end before closing of the workshop.
The workshop will enable participants to;-
- Understand the principles of contract management and key challenges when managing contracts
- Learn contract management tools and demonstrate appropriate behaviours in a range of contract management situations
- Manage cost and supplier performance
- Examine the business environment to foresee how the supplier/contractor may perform
- Manage contracts in a way that ensures effective stakeholder engagement
- Know contractual clauses and Risk transfer through contracting terms and conditions
- Effectively negotiate contracts
- Effectively handle claims, variations and disputes
- Learn and understand the steps involved in Contract Administration – including developing a CAP – Contract Administration Plan
- Examine the steps involved in Pre-Award, Award and Post-Award phase.
- Lessons learned and Best Practices.
Day-1
Session -1
Introduction to Contract Management
• Definition of Contract Management
• When does Contract Management Commence
• Relationship between Project Manager & Contracts
• Four Key Components of Contract Management
o Setting up the Contract Team
o Managing Service Performance
o Managing Relationship
o Contract Administration
Session -2
Contract/Formation of Contracts
• Contracts
• Offer or Proposal
• Rejection of an offer / Counter offer.
• Acceptance
• Consideration
• Essentials of Valid Contract
• Free Consent
• Quasi Contracts
• Performance of Contract
• Breach Of Contract /Remedies
• Battle of Forms
Session -3
Rules of Interpretation of Contract
• How are contracts interpreted
• Dealing with ambiguity in contracts
• Importance of priority of documents
Session - 4
Key Management Skills
• Relationship and stakeholder management
• Communication
• Performance management
• Negotiation
• Conflict management
• Leadership
• Documentation and record keeping
Day-2
Session -5
Pre-Contractual Phase: Planning
• Verify the statement of work
• Choose the appropriate procurement instrument
• Verify the Intellectual Property Considerations
• Develop the procurement strategy
• Review the evaluation criteria
• Develop the solicitation document
• Determine the appropriate contractor selection methodology
• Approval of the procurement process
• Reverse auction
• E- tendering
Session -6
Contracting phase: Bidding and awarding of contract
• Types of Tender
• Solicitation Process
• Solicit competitive bids
• Sealed Bidding
• Two Step Sealed Bidding
• Respond to inquiries from potential bidders
• Hold Bidders' Conferences
• Negotiations
• Composition of Tender Committee
• Conduct Site Visits
• Evaluate competitive bids
• Award a contract
• Debrief unsuccessful bidders
Session -7
Contract management phase: After the contract is awarded
• Contract Administration
• Roles and Responsibilities
• RASCI
• Kick off Meetings
• Contract governance
• Service Level Agreement
• Variations and Dispute Management
• Contract Close out
• Lessons Learn
• Disputes and Claims.
Day-3
Session -8
Contracting Methods
• Contracting Methods
• Simplified Methods
• Formal Competitive Methods
• Sealed Bidding
• Key steps in Source Selection
• Reverse Auction
• Negotiation with Sole/Single Source
Session -9
Contracting Pricing Arrangements
• Uncertainty and Risk in contracting
• Fixed Price Contracts
• Contract reimbursable Contracts
• Time and Materials contracts
• Unit rate Contracts
Session -10
Understanding Clauses that deal with Contractual Risk - How to minimize and transfer the risk
• Indemnity
• Limitation of Liability/Total Liability Cap
• Third Party Liability
• Force Majeure
• Damages, Liquidated Damages/ Penalty
• Consequential Damages
• Negligence/Gross Negligence and Wilful misconduct
• Non-payment by Client
• Confidentiality
• Exclusive Remedy Provisions
• Governing Law
• Termination
• Warranties and Guarantees
