The importance of building services to the success of an organisation has never been greater and continues to grow. Developers and occupiers are becoming more aware of the contribution that building services make to the well being of occupants and hence their perception of the quality of the working environment. Those involved with the design, construction, maintenance and operation will increasingly be required to deliver building services that demonstrable contribution to the occupier's business. Energy efficiency, carbon management and occupant satisfaction depend substantially on the way building services are designed, managed and operated. To optimise these aspects, an informed strategic approach is essential. Tried and tested techniques and processes are available that, when applied holistically, will deliver substantial benefits. This course reviews best practice in the area and inspires participants to ensure that building services perform at their optimal level. To provide a better understanding of how building services can be designed, managed and operated to: Maximise occupant comfort, satisfaction and wellbeing Add value and contribute to the success of the business of the occupier Improve health safety Reduce operating cost, energy use, carbon emissions and environmental impact Optimise cost and value Provide strategies for continuous improvement and sustainable operation 1 Building services fundamentals The function of services in commercial buildings and their importance to the core business 2 Techniques and processes for optimising cost and value Programmed operation evaluation Continuous commissioning Lifetime product management Performance-based service Energy efficiency and the scope for environmental improvement 3 Making the business case and preparing the strategy Motivating decision-makers Empowering those who have to deliver the results Managing business risk 4 Strategy implementation and monitoring results Ensuring that rich and robust feedback is available to support continuous improvement and strategy enhancementWhen to get feedbackWhyHowWhat to do with it 5 Case histories and 'air time' Sharing experience and addressing specific issues of interest to participants Course review Close
This five-day programme empowers participants with the skills and knowledge to understand and effectively apply best practice commercial and contracting principles and techniques, ensuring better contractor performance and greater value add. This is an assessed programme, leading to the International Association for Contracts & Commercial Management (IACCM)'s coveted Contract and Commercial Management Practitioner (CCMP) qualification. By the end of this comprehensive programme the participants will be able to: Develop robust contracting plans, including scopes of work and award strategies Undertake early market engagements to maximise competition Conduct effective contracting and commercial management activities, including ITT, RFP, negotiated outcomes Understand the legalities of contract and commercial management Negotiate effectively with key stakeholders and clients, making use of the key skills of persuading and influencing to optimise outcomes Undertake effective Supplier Relationship Management Appreciate the implications of national and organisational culture on contracting and commercial activities Appreciate professional contract management standards Set up and maintain contract and commercial management governance systems Take a proactive, collaborative, and agile approach to managing commercial contracts Develop and monitor appropriate and robust KPIs and SLAs to manage the contractor and facilitate improved contractor performance Appreciate the cross-functional nature of contract management Collaborate with clients to deliver sustainable performance and to manage and exceed client expectations Understand the roles and responsibilities of contract and commercial managers Use effective contractor selection and award methods and models (including the 10Cs model) and use these models to prepare robust propositions to clients Make effective use of lessons learned to promote improvements from less than optimal outcomes, using appropriate templates Effectively manage the process of change, claims, variations, and dispute resolution Develop and present robust propositions Make appropriate use of best practice contract and commercial management tools, techniques, and templates DAY ONE 1 Introduction Aims Objectives KPIs Learning strategies Plan for the programme 2 The contracting context Key objectives of contract management Importance and impact on the business 3 Critical success factors Essential features of professional commercial and contract management and administration The 6-step model 4 Putting the 'management' into commercial and contract management Traditional v 'new age' models The need for a commercial approach The added value generated 5 Definitions 'Commercial management' 'Contract management' 'Contracting' ... and why have formal contracts? 6 Stakeholders Stakeholder mapping and analysis The 'shared vision' concept Engaging with key functions, eg, HSE, finance, operations 7 Roles and responsibilities Contract administrators Stakeholders 8 Strategy and planning Developing effective contracting plans and strategies DAY TWO 1 Contract control Tools and techniques, including CPA and Gantt charts A project management approach Developing effective contract programmes 2 The contracting context Key objectives of contract management Importance and impact on the business 3 Tendering Overview of the contracting cycle Requirement to tender Methods Rationale Exceptions Steps Gateways Controls One and two package bids 4 Tender assessment and contract award I - framework Tender board procedures Role of the tender board (including minor and major tender boards) Membership Administration Developing robust contract award strategies and presentations DAY THREE 1 Tender assessment and contract award II - processes Pre-qualification processes CRS Vendor registration rules and processes Creating bidder lists Disqualification criteria Short-listing Using the 10Cs model Contract award and contract execution processes 2 Minor works orders Process Need for competition Role and purpose Controls Risks 3 Contract strategy Types of contract Call-offs Framework agreements Price agreements Supply agreements 4 Contract terms I: Pricing structures Lump sum Unit price Cost plus Time and materials Alternative methods Target cost Gain share contracts Advance payments Price escalation clauses 5 Contract terms II: Other financial clauses Insurance Currencies Parent body guarantees Tender bonds Performance bonds Retentions Sub-contracting Termination Invoicing 6 Contract terms III: Risk and reward Incentive contracts Management and mitigation of contractual risk DAY FOUR 1 Contract terms IV: Jurisdiction and related matters Applicable laws and regulations Registration Commercial registry Commercial agencies 2 Managing the client-contractor relationship Types of relationship Driving forces Link between type of contract and style of relationships Motivation - use of incentives and remedies 3 Disputes Types of dispute Conflict resolution strategies Negotiation Mediation Arbitration DAY FIVE 1 Performance measurement KPIs Benchmarking Cost controls Validity of savings Balanced scorecards Using the KPI template 2 Personal qualities of the contract manager Negotiation Communication Persuasion and influencing Working in a matrix environment 3 Contract terms V: Drafting skills Drafting special terms 4 Variations Contract and works variation orders Causes of variations Risk management Controls Prevention Negotiation with contractors 5 Claims Claims management processes Controls Risk mitigation Schedules of rates 6 Close-out Contract close-out and acceptance / completion HSE Final payments Performance evaluation Capturing the learning 7 Close Review Final assessment Next steps
This very practical one-day IACCM-approved programme enables participants to manage the process of commercial contracting and contract management effectively and efficiently to ensure value for money, improved service, and appropriate relationships. It covers a wide range of contract types in terms of risk and value. The programme empowers participants with the tools and techniques needed to collaborate with all key stakeholders. By the end of the programme participants will be able to: Understand the total process of managing contracts Exploit opportunities to extract even more added value Develop appropriate relationships with contractors Understand and use a range of contracting strategies and options Measure and improve contract performance Understand the impact of legislation on contract performance 1 Welcome Introductions Aims and objectives Plan for the day 2 Contract management An overview of the contracting process, mapping the 'territory' 3 Contract managers Skills Knowledge Attributes Responsibilities 4 Critical success factors Defining successful outcomes Effective stakeholder engagement Creating a shared vision of the outcomes 5 Placing contracts How to develop an effective specification and scope of work documents How to develop a robust contracting strategy Appropriate types of contract 6 Customers and stakeholders Customer and stakeholder analysis Managing expectations and the 'shared vision' concept to ensure customer co-operation, satisfaction, and delight 7 Working with suppliers Creating and developing commercial relationships Types of relationship How to manage difficult relationships Contractor motivational issues How to use incentives 8 Negotiation and related skills Introduction to key negotiation skills Persuading and influencing skills to work with stakeholders to improve outcomes for all 9 Dealing with change Claims and variations How to challenge contractor claims and requests for variations by making use of contractual terms Specifications to prevent false claims 10 Performance improvement How to measure and improve contractor performance Developing KPI systems Using contractual terms and conditions and basic legal principles 11 Contract close The importance of effective contract close processes 12 Close Review of key learning points Personal action planning
Nowadays not only do we rely on our commercial and sales staff to hit that bottom line but we expect our engineers and project teams to play their part too - not only through their engineering and management skills but by behaving in a commercially minded way in their dealings with their counterparts in customer or supplier organisations. This means understanding, amongst other things, the issues surrounding the commencement of work ahead of contract, having a clear contract baseline, recognising the broader implications of contract change, the need for timeliness and the consequences of failing to meet the contracted timetable. This practical one-day programme has been designed specifically to give engineers, project staff and others just that understanding. The course is designed principally to provide engineers and project staff with an appreciation of contractual obligations, liabilities, rights and remedies so that they understand the implications of their actions. It is also suitable for business development staff who are negotiating contracts on behalf of the business. The main focus of the day is on creating an awareness of when a situation may have commercial implications that would harm an organisation's business interests if not recognised and handled appropriately and how taking a positive but more commercial approach to those situations can lead to a more positive outcome for the business. As well as providing an understanding of the commercial imperatives the day also focuses on specific areas affecting engineers and project staff, such as the recognition and management of change, the risks when working outside the contract and managing delays in contracts. The course identifies the different remedies that may apply according to the reasons for the delay and provides some thoughts on pushing back should such situations arise. On completion of this programme the participants will: appreciate the need for contractual controls and will have a better understanding of their relevance and how they can be applied, particularly the issues of starting work ahead of contract, implementing changes and inadvertently creating a binding contract by their behaviour; have gained an understanding of the terminology and procedural issues pertaining to contracting within a programme; and be more commercially aware and better equipped for their roles. 1 Basic contract law - bidding and contract formation Purpose of a contract Contract formation - the key elements required to create a legally binding agreement Completeness and enforceability Express and implied terms Conditions v warranties The use of, and issues arising from, standard forms of sale and purchase Use of 'subject to contract' Letters of intent Authority to commit 2 Change management Recognising changes to a contracted requirement Pricing change Implementation and management of change 3 Key contracting terms and conditions By the end of this module participants will be able to identify the key principles associated with: Pricing Getting paid and retaining payment Cashflow Delivery and acceptance Programme delaysExamining some reasons for non-performance...Customer failureContractor's failureNo fault delays ... and the consequences of non-performance: Damages claimsLiquidated damagesForce majeureContinued performance Waiver clauses and recent case law Use of best/reasonable endeavours Contract termination 4 Warranties, indemnities and liability Express and implied warranties Limiting liability 5 Protection of information Forms of intellectual property Background/foreground intellectual property Marking intellectual property Intellectual property rights Copyright Software Confidentiality agreements Internet