Contract and Commercial Management Practitioner
Rating:
English
Intermediate
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Course Overview
People enter Contract and Commercial Management discipline from a wide variety of backgrounds, often with little or no specific training. They may be financial or legal professionals, they may have come from sales or from a market intelligence function. A key value offered is that the World CC learning provides everyone with a consistent base level of knowledge. World CC also introduces the concept of a professional standard and matching certification, to encourage individuals in their continued development. This enables World CC to deliver a valid assessment of current capabilities at Associate, Practitioner and Expert level.
Key Takeaways
1
Understand and embrace best practices in contracting and contract management.
2
Deliver greater value to the enterprise through enhanced contracted outcomes.
3
Manage risk with greater effectiveness.
4
Accelerate the contracting and contract management process.
5
Minimize disputes and reputation damage related to ineffective contracts.
World Commerce And Contracting Association
World Commerce & Contracting is an association dedicated to helping our members from all around the world, achieve high performing and trusted trading relationships. We are committed to researching, advocating, improving capabilities and helping our members to connect to share knowledge and leading practice. We address the growing need across all private and public organizations for everyone to be able to prepare, understand and manage contracts, and be skilled at managing commercial relationships. Get ready to embrace change and innovation.
Course Outline
Day 1: Initiate
Contract and Commercial Management Introduction
This module introduces the course, and establishes the standards by which we work, the principles of contracting.
→ Outlines the concepts of best practice in contracting
→ Define contract management and our role in contracting
→ Outlines the concepts of best practice in contracting
→ Define contract management and our role in contracting
Contract Administration
→ The purpose of the contract manager
→ Pre-award responsibilities
→ Post-award responsibilities
→ Involvement in contracting strategy
→ Undertaking competitive and market research on commercial terms, policies and practices
→ Auditing contract structures and terms to provide competitive advantage.
→ Pre-award responsibilities
→ Post-award responsibilities
→ Involvement in contracting strategy
→ Undertaking competitive and market research on commercial terms, policies and practices
→ Auditing contract structures and terms to provide competitive advantage.
Requirements Definition
→ Defining the role of requirements as a basis for the scope of work and supply
→ The impact of a deficient requirements gathering processes
→ Staying aligned with business drivers
→ Requirements gathering tools and techniques
→ Prioritization of requirements
→ Frequently encountered issues in requirements gathering
→ Causes for delay or failure
→ The impact of a deficient requirements gathering processes
→ Staying aligned with business drivers
→ Requirements gathering tools and techniques
→ Prioritization of requirements
→ Frequently encountered issues in requirements gathering
→ Causes for delay or failure
Cost Benefit Analysis
→ Total cost of ownership (TCO)
→ Return on investment (ROI)
→ Payback period
→ Break even analysis
→ Balanced scorecard
→ Cash flow analysis
→ Using cost benefit analysis to support an effective business case
→ Return on investment (ROI)
→ Payback period
→ Break even analysis
→ Balanced scorecard
→ Cash flow analysis
→ Using cost benefit analysis to support an effective business case
Sourcing Options
→ Uncovering the build versus buy decision
→ Evaluating and aligning with potential project scope
→ Examining options and alternate methods of contracting
→ Manage the sourcing processes
→ Avoid the common sourcing mistakes
→ Principles, drivers and risks of outsourcing
→ Evaluating and aligning with potential project scope
→ Examining options and alternate methods of contracting
→ Manage the sourcing processes
→ Avoid the common sourcing mistakes
→ Principles, drivers and risks of outsourcing
Undertaking a Terms Audit
→ Benefits of a terms audit and the consequences of inappropriate terms
→ Approach to conducting a terms audit
→ Scope and description
→ Frequency and indications of need
→ How to undertake the audit
→ Approach to conducting a terms audit
→ Scope and description
→ Frequency and indications of need
→ How to undertake the audit
Cost Identification
→ Finalizing the cost estimates
→ Ultimate investment will depend upon effectiveness of negotiations and postaward management
→ Tax and inter-company considerations (allocations)
→ Fundamentals of finance and accounting
→ Costing and pricing the bid
→ Price vs. cost of relationship
→ Ultimate investment will depend upon effectiveness of negotiations and postaward management
→ Tax and inter-company considerations (allocations)
→ Fundamentals of finance and accounting
→ Costing and pricing the bid
→ Price vs. cost of relationship
Day 2: Bid
RFI,RFP,RFQ
→ Understand when to use a request for information, a request for proposal or a request for quotation and the differences between them
→ Defining and managing the content of each request type
→ Managing the RFP process
→ Assure strong representation in creating the RFP
→ Supporting bids and RFPs
→ Defining and managing the content of each request type
→ Managing the RFP process
→ Assure strong representation in creating the RFP
→ Supporting bids and RFPs
Responding to RFPs
→ Information on executing non-disclosure agreements
→ The rationale for a bid process
→ The bid process itself
→ The role of Contract Management in the bid process
→ The rationale for a bid process
→ The bid process itself
→ The role of Contract Management in the bid process
Bid Process and Rules
→ Describe the end to end bidding process
→ Approaches to scoring and ranking suppliers
→ Definition and contents of the RFP
→ Managing the RFP process
→ Managing the bidders and responding to their questions
→ Pricing considerations
→ Supplier notification and the BAFO process
→ Approaches to scoring and ranking suppliers
→ Definition and contents of the RFP
→ Managing the RFP process
→ Managing the bidders and responding to their questions
→ Pricing considerations
→ Supplier notification and the BAFO process
The Influence of Laws on the Bid Process
→ International legal variations
→ The controlling law - Whose law will control and will it affect this contract?
→ U.N. Convention on Contracts for the International Sale of Goods (UNCISG)
→ Uniform Commercial Code (UCC)
→ Creation of a contract
→ Offer, acceptance of offers and revoking offers
→ Closing the deal
→ Dispute resolution
→ The controlling law - Whose law will control and will it affect this contract?
→ U.N. Convention on Contracts for the International Sale of Goods (UNCISG)
→ Uniform Commercial Code (UCC)
→ Creation of a contract
→ Offer, acceptance of offers and revoking offers
→ Closing the deal
→ Dispute resolution
Evaluation Criteria
→ Evaluation framework and the rules for its application
→ Criteria categories to consider when developing an evaluation matrix
→ Weighting evaluation criteria
→ Achieving buy-in to criteria
→ Confirm strategic priorities and relative ranking
→ Common issues to be aware of in an evaluation matrix
→ Implementing the evaluation framework
→ Who should participate in the evaluation
→ Scoring definitions and reconciling differences in scoring approaches
→ Evaluating alternatives to the responses
→ The possibility of parallel negotiations
→ Criteria categories to consider when developing an evaluation matrix
→ Weighting evaluation criteria
→ Achieving buy-in to criteria
→ Confirm strategic priorities and relative ranking
→ Common issues to be aware of in an evaluation matrix
→ Implementing the evaluation framework
→ Who should participate in the evaluation
→ Scoring definitions and reconciling differences in scoring approaches
→ Evaluating alternatives to the responses
→ The possibility of parallel negotiations
Stakeholder Management
→ The identification of stakeholders and their prioritization
→ Understanding stakeholder needs
→ Communicating with the stakeholder community
→ Developing suppliers as stakeholders
→ Understanding stakeholder needs
→ Communicating with the stakeholder community
→ Developing suppliers as stakeholders
Understanding Markets and Opportunities
→ Identifying potential markets
→ Market segmentation
→ Competitive analysis
→ Product definition
→ Identifying risks
→ Matching the agreement to the market
→ Judging customer contracting sophistication
→ Evaluation scope and techniques
→ Risk assessment
→ Reference evaluation
→ Evaluating the relationship
→ Evaluating future opportunity
→ Market segmentation
→ Competitive analysis
→ Product definition
→ Identifying risks
→ Matching the agreement to the market
→ Judging customer contracting sophistication
→ Evaluation scope and techniques
→ Risk assessment
→ Reference evaluation
→ Evaluating the relationship
→ Evaluating future opportunity
Day 3: Develop
Contract and relationship types
→ Defining major contract types when they should be used
→ Addressing contract issues
→ Identify different relationships and their requirements.
→ Outline some of the different types of contract that can be entered into
→ Discuss the difference between a consortium, a prime contractor and a subcontractor
→ Addressing contract issues
→ Identify different relationships and their requirements.
→ Outline some of the different types of contract that can be entered into
→ Discuss the difference between a consortium, a prime contractor and a subcontractor
Terms and Conditions Overview
→ Basic contract components
→ Common contract terms
→ Contract review processes
→ Definitions
→ Evaluate clarity and completeness of basic contract elements
→ Understand relevance of term and condition provisions
→ Common contract terms
→ Contract review processes
→ Definitions
→ Evaluate clarity and completeness of basic contract elements
→ Understand relevance of term and condition provisions
Partnerships, Alliances and Distribution
→ Describe why agents are used
→ Describe why distributors are used
→ Factors that favor one or other approach
→ Addressing relationship issues and dealer protection legislation
→ Identify each relationship’s requirements.
→ Understand local, national and international laws that control the relationships
→ Joint ventures, consortiums and teaming agreements
→ Back to back agreements
→ Describe why distributors are used
→ Factors that favor one or other approach
→ Addressing relationship issues and dealer protection legislation
→ Identify each relationship’s requirements.
→ Understand local, national and international laws that control the relationships
→ Joint ventures, consortiums and teaming agreements
→ Back to back agreements
Statement of Work/Service Level Agreement Production
→ SOW Key terms/functions
→ Why a SOW is required
→ Statement of work versus scope of work
→ SOW/SLA Relationship
→ Definition of an SLA
→ What customers require from an SLA
→ Leading and lagging indicators
→ Top tips for creating a robust statement of work
→ Why a SOW is required
→ Statement of work versus scope of work
→ SOW/SLA Relationship
→ Definition of an SLA
→ What customers require from an SLA
→ Leading and lagging indicators
→ Top tips for creating a robust statement of work
Drafting Guidelines and Considerations
→ Contract structure and supporting process
→ Contract interpretation guidelines
→ Understand drafting principles and rules
→ Clarity above all else makes for a good contract
→ Use (and misuse) of contract terminology
→ Contract visualization
→ Contract interpretation guidelines
→ Understand drafting principles and rules
→ Clarity above all else makes for a good contract
→ Use (and misuse) of contract terminology
→ Contract visualization
Other Strategic Considerations
→ How does your contracting function measure its value
→ Describe top contracting challenges
→ Approaches to streamlining contracts
→ Outline example contract review checklists
→ Incoterms
→ Knowledge management and its application in contracting
→ Managing and identifying contract risk and approaches to minimize value leakage
→ Principles and challenges of electronic contracting
→ Describe top contracting challenges
→ Approaches to streamlining contracts
→ Outline example contract review checklists
→ Incoterms
→ Knowledge management and its application in contracting
→ Managing and identifying contract risk and approaches to minimize value leakage
→ Principles and challenges of electronic contracting
Day 4: Negotiate
Negotiation Planning, Overview and Objectives
→ Principles and best practices of negotiation
→ Understand the internal inhibitors to successful negotiated outcomes and how to control them
→ Understand the internal inhibitors to successful negotiated outcomes and how to control them
Framing, Strategy and Goals
→ Presuppositions of a negotiation
→ Understanding the other side in the negotiation
→ Developing a negotiations strategy
→ Negotiation Stages
→ What negotiators must understand before commencing a negotiation
→ Understanding the other side in the negotiation
→ Developing a negotiations strategy
→ Negotiation Stages
→ What negotiators must understand before commencing a negotiation
Negotiation Styles
→ Understand the options for negotiation approaches
→ Understand advantages and disadvantages of each
→ Positional negotiation
→ Principled negotiations
→ Other approaches to negotiation
→ When to use an approach, the risks and opportunities of alternative approaches
→ Understand advantages and disadvantages of each
→ Positional negotiation
→ Principled negotiations
→ Other approaches to negotiation
→ When to use an approach, the risks and opportunities of alternative approaches
Negotiation Techniques
→ Understanding motivations
→ The use of experts in negotiation
→ Issues of relative power
→ Opening the negotiation
→ Responding to an opening offer
→ Tactics, strategies and ethics
→ Best alternative to a negotiated agreement (BATNA)
→ The use of experts in negotiation
→ Issues of relative power
→ Opening the negotiation
→ Responding to an opening offer
→ Tactics, strategies and ethics
→ Best alternative to a negotiated agreement (BATNA)
Tactics, Tricks and Lessons Learned
→ The “last gap”
→ Behavioral analysis and proving worth
→ Strategies and ethics
→ Tricks and ploys
→ Behavioral analysis and proving worth
→ Strategies and ethics
→ Tricks and ploys
Pricing and Financial Considerations
→ Costing and pricing principles
→ Price methods and structures
→ Links to risk management
→ Term variables
→ Case studies and examples
→ Price methods and structures
→ Links to risk management
→ Term variables
→ Case studies and examples
Day 5: Manage
Implementation and Communication
→ What makes for a risky deal and how to mitigate that risk
→ Developing a communications plan
→ Pre-award to post-award handover activities
→ Communication to the various stakeholders
→ Communications cycle
→ A six step communication planning process
→ Analyzing the contract
→ Developing a communications plan
→ Pre-award to post-award handover activities
→ Communication to the various stakeholders
→ Communications cycle
→ A six step communication planning process
→ Analyzing the contract
Monitoring and Performance Management
→ Schedule management
→ Performance monitoring
→ Quality control
→ Tracking deliverables and acceptance
→ Performance monitoring
→ Quality control
→ Tracking deliverables and acceptance
Contract Change Management
→ What is a change and who can initiate it?
→ Examples of changes
→ The effect of change
→ Who can initiate change
→ How do you design a change control process?
→ Examples of changes
→ The effect of change
→ Who can initiate change
→ How do you design a change control process?
Dispute Handling and Resolution
→ Types of issues in a dispute
→ Common causes of disputes
→ Consequences of a formal dispute
→ How to avoid a dispute
→ Resolution steps, mediation, arbitration and litigation
→ Common causes of disputes
→ Consequences of a formal dispute
→ How to avoid a dispute
→ Resolution steps, mediation, arbitration and litigation
Contract Close-out
→ Types of termination and close-out
→ Required actions
→ Termination of relationship
→ Continuing obligations
→ Records and knowledge capture
→ Smoothly manage the contract closeout process
→ Capture and utilize lessons learned for future use
→ Required actions
→ Termination of relationship
→ Continuing obligations
→ Records and knowledge capture
→ Smoothly manage the contract closeout process
→ Capture and utilize lessons learned for future use
Who Should Attend?
This highly practical and interactive course has been specifically designed for
→ Contracting Professionals
→ Contract Negotiators
→ Contract Managers and Administrators
→ Contract Attorneys
→ Contract Drafting Professionals
→ Contract Strategists
→ Procurement Professionals
→ Strategic Sourcing Professionals
→ Supply Chain Management Professionals
→ Commercial Managers
→ Sales Account Managers
→ Commercial Project Managers
Related Courses
FAQ
What language will the course be taught in and what level of English do I need to take part in an LEORON training program?
Most of our public courses are delivered in English language. You need to be proficient in English to be able to fully participate in the workshop and network with other delegates. For in-house courses we have the capability to train in Arabic, Dutch, German and Portuguese.
Are LEORON Public courses certified by an official body/organization?
LEORON Institute partners with 20+ international bodies and associations.We also award continuing professional development credits (CPE/PDUs) for:1. NASBA (National Association of State Boards of Accountancy) 2. Project Management Institute PDUs 3. CISI credits 4. GARP credits 5. HRCI recertification credits 6. SHRM recertification credits
What is the deadline for registering to a public course?
The deadline to register for a public course is 14 days before the course starts. Kindly note that occasionally we do accept late registrations as well, but this needs to be confirmed with the project manager of the training program or with our registration desk that can be reached at +1071 4 1075 5711 or [email protected].
What does the course fee cover?
The course fee covers a premium training experience in a 5-star hotel, learning materials, lunches & refreshments, and for some courses, the certification fee and membership with the accrediting bodies.
Does LEORON give discounts?
Yes, we can provide discounts for group bookings. If you would like to discuss a discount on a corporate level, we will be happy to talk to you.