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