This Course is designed to provide the participant with the tools, techniques and processes he/she will need for the cost-effective management of Contractual relationships.
With the help of actual Case Studies, Course participants will get to:
• appreciate the importance of their everyday decisions and how those decisions can make or mar otherwise legitimate business expectations;
• understand Contracting and Contracts Management from conceptual stage to close out;
• understand the considerations for identifying and sourcing for a work requirement;
• understand pre-tender and post-contracts award requirements;
• appreciate the day to day Contract management process;
• understand and better manage Contract claims issues;
• appreciate the importance of observing Contracts Closeout formalities.
Contracting & contract management from a z (selected slides)
1. Contracting and Contract Management
- from A to Z
A Teaching Presentation
by
Smart Contracting Solutions
2. 1. Pre-Contract Processes
- Identify your work requirement and make a plan to procure it
- Contract award Processes
- Pre-tender process
- post-tender process
2. Post-Contract Award
- The Contract
- Day-to-day Contract management
3. General
- Negotiating a Contract
- Minutes of Meeting (M.O.M)
- The Importance of Communication
- Contract-related Correspondence
- 3rd Party interfaces/correspondences
- Contracting Support…staying relevant
3. Post Contract Award
The Contract
1. - What is a Contract…What a Contract is not.
- General definition of a Contract
- Component parts of a Contract
- General Contract Types
- Standard Contract terms
- Implied Contract terms
- Know Your Business Partner
- Contract signature
2. Day-to-day Contract management
- What does the Contract say
- Making a Claim
- Contract Closeout
4. Know Your Business Partner (KYBP)
1. Legal Capacity
Parties must have the legal capacity to enter into an
Agreement:
2. Contracting Formalities: The different ways of describing
contracting parties.
Doing business with
a) Foreign registered companies
b) Businesses registered in Tax havens
The importance of due diligence
5. Negotiating a Contract
Your objective: to get the most commercially acceptable deal for your
organization.
Questions you should ask yourself:-
• What do I want…are they consistent with my true expectations
- are my expectations legitimate?
• If I were on the other side what would I ask for in exchange?
• What am I ready to concede to get what I want?
• Can the deal be re-packaged so that we both get what we want
– e.g. revising the workscope to excise trimmings whilst delivering
on the expectations of the other side?
• What’s my trigger-point (i.e. the point at which I walk away)?
• Do I have an alternate supplier for my requirements?
• Do I have an alternate buyer for my goods /services?
• What other options are available to my Supplier/Client?
Negotiation: the art of marrying what you want to what you can get without
losing face!