Certificate in Contract Development, Negotiation & Management (CCDNM™) (5 days)

Course Overview

 

 

 

IFPSM Increasingly organisations globally are looking to their contracting function to effectively underpin the operational benefits obtained through both tendering and or negotiation.

In addition to effectively contractualising these benefits, contract teams are also expected to be able to balance liabilities, protect against the impacts of termination and ensure that the resulting contract is legally compliant and effective both locally, regionally and internationally.

This interactive 5 day accredited course leads delegates through the full end to end contracting process, from establishing the specific contract objectives and prioritization of these objectives, through to effective contract negotiation and drafting.

The course covers both the technical/legal aspects of contract construction and also expands to incorporate cross cultural contract considerations within both UNCITRAL and International Law and crucially the art of cross cultural negotiation from both a Western, Middle East and Pan-Asean perspective.

Enabling delegates to complete the course fully equipped with an understanding of the key legal principles that underpin contracts globally and how these principles may be utilized within effective contract clause construction in order that they are able to provide the optimum contract format that both protects against risks whilst providing capture of operational benefits.

On completion of this five day training course you will receive your certificate which is certified, through independent assessment and accreditation, by the International Federation of Purchasing and Supply Management (IFPSM) PAS Standard.

Course Contents

Prioritizing the contracting objectives

  • Developing a list of contracting objectives - technical and commercial to legal
  • Balancing Quality, Cost, Delivery & Risk considerations
  • The difference between rating and ranking - and the iterative approach
  • Separating wants from needs – defining mission critical contractual objectives & managing stakeholder expectation.

Key Contract provisions

  • Reassessing indemnity and warranty clauses
  • Appraisal and benefits of “Knock for Knock” Liability Clauses
  • Understanding the full effects of Anti-Indemnity statutes
  • Considering alternative pricing clauses –whole life cost approach and alignment with
  • Contract objectives
  • Overview of contractual obligations which may only be determined by the court
  • HSE, Pollution/Spillage
  • Case study analysis & review – BP & TransOcean

Contract Disputes

  • Determine the best course of action through applied risk assessment
  • Consider your termination rights and the consequences for your operations
  • Look for alternatives in penalty clauses and rights of release clauses
  • Enforcing clear language in unclear circumstances

Contract negotiation considerations

  • Can enterprises renegotiate rates on the basis of the current market chaos?
  • Cost analysis models in contract negotiations – issues and opportunities
  • Utilising Porters 5 Forces Model -Understand where the balance of power lies
  • Between Buyers & Contractors
  • Have you gained or lost negotiating power due to recent trends?
  • Executing contracts globally – review of key requirements including use of digital
  • Signatures
  • Managing contractual breach - cultural considerations

Key Equipment and Materials contracts

  • Capital equipment agreements
  • Equipment rental and lease agreements
  • MRO in the operations environment
  • Ensuring supply continuity within remote operating environment
  • Contractually managing inventory to ensure operational performance

Key Service contracts

  • Maintenance services
  • Consulting and outsourcing services
  • Environmental remediation services
  • Transportation and logistics agreements

Multi-Party contracting scenarios

  • Joint ventures – Key IFRS definition & contract party management
  • Contractors and their sub-contractors ensuring compliance, reputational protection
  • For the buyer organization & exploring excusable/non-excusable delay clauses
  • Teaming agreements - risks and rewards
  • Distribution and reseller agreements
  • Effectively managing Force Majeure clauses

Open discussion on existing contract types and approaches

  • Types of Contracts – FEED Competition, EPC, EPCM, Reimbursable, Reimbursable
  • Convertible to Lump Sum, Lump Sum Turnkey, etc. & their pros and cons
  • Partnerships and Alliances in Contracts - Critical Issues (covering types of partnerships - JV, Consortium, Nominated Subcontractor, etc.)
  • Critical Contract Clauses and Related Issues, Contractual Risks in Contracts
  • Risks Management in Contracts
  • Contractual Risks and Mitigation Measures in Contracts, covering key contract terms and conditions, contractual risks, risks identification, mitigation and management

Understanding the power & influence matrix and their impact on contracting

  • The keys to maximizing power
  • Understanding the shift in power and how to control the shift
  • The impact of power on negotiations
  • Developing a contract specific power influence matrix
  • Aligning Contracting Contribution with organizational Strategy
  • Corporate growth strategies and how to enable them
  • Ensuring & demonstrating Corporate Governance through contracting
  • Policies that can be either enabled or disabled through effective contracting

Integrating sourcing and sales strategies into the contracting strategy

  • Strategic sourcing and category strategies
  • Understanding how sales and revenue recognition strategies drive transactions and negotiations
  • Integrating commercial relationships across the entire enterprise - how can sourcing impact sales and vice versa?

Defining the contracting process

  • The key phases in world-class contracting processes
  • Managing the gates in a gated contracting process
  • Mobilizing the optimal tools and talents throughout the contracting process

Key international and cross-cultural contracting Issues

  • Assessing key changes within international contracting frameworks - UNCITRAL
  • Impact
    Key elements of International Law& Trade treaties - The impact upon cross cultural
  • Contracting
  • Key cultural considerations in contracting - from development and drafting to
  • Negotiation and ongoing vendor relationship management
  • Claims Management in Contracts - A win-win approach (or) Effective Management of Variations & Claims
  • Disputes and Resolution Mechanisms in Contracts
  • Alternative Dispute Resolution (ADR) in Contracts
  • Disputes Management in Contracts
  • Dispute Avoidance and Mitigation- Overview of UNCITRAL Objectives under
  • International Law

Effective contracting team dynamics

  • Creating an effective core team
  • Including stakeholders from across the organization as an extended team
  • The role of senior management and internal sponsors
  • Emotional intelligence (EI) - understanding and managing varying behavioural styles

Pursuing clarity and understanding how to attain it

  • Tips on how to generate greater clarity
  • The impact of clarity, or a lack of it, in overall contracting success
  • Understanding the sections of the contract which are open to the risk of ambiguity

Implementing a world class contracting strategy

  • Developing a project plan to implement a contract in both entities
  • Setting realistic timeframes and milestones
  • Anticipating resistance points and barriers - and overcoming them

The programme will include a series of group exercises with a high level of delegate interaction.

CCDNM™ Examination.

* Only those who successfully complete the examination and participate effectively in the course case studies will receive the Certificate in Contract Development Negotiation and Management (CCDNM™)

 

Benefits of Attending

By attending this interactive course you will be equipped with the skills to:

  • Gain the Advanced Certificate in Procurement Compliance: CCDNM™ which is certified, through independent assessment and accreditation, by the International Federation of Purchasing and Supply Management (IFPSM) PAS Standard
  • Use CCDNM™ on your business card and on your resume
  • The CCDNM™ certificate will be received approximately one month following the close of the training course

 

Who should attend?

This highly practical and interactive course has been specifically designed for:

  • Contract Management Professionals
  • Contract Managers and Administrators
  • Contract Negotiators
  • Contract Lawyers and Attorneys
  • Sales Contracting Professionals, including key account managers
  • Purchasing, Sourcing and Supply Management Professionals
  • Procurement Managers
  • Finance Professionals involved in contracting
  • Operational Managers
  • Commercial Relationship Managers
  • Risk & Compliance Managers

Plus! End-users who impact, or are impacted by, the contracting process

 

Trainers

Meet your training course director: John Atkinson FITOL

John Atkinson John’s corporate experience spans some 30 years including Head of Group & Global Procurement for Focus Wickes plc. where he was responsible for the full creation and implementation of global sourcing initiatives, supplier/vendor management and commercial contract negotiation. John has also held senior roles within Barclays Bank corporate and led a wide and diverse range of teams, both locally and globally.

John is a Fellow of the Institute of Training and Occupational Learning and also a Certified Instructor in delivering emotional intelligence training. John has wide international experience, including: Kuwait, Iraq, Qatar, KDR, China, Germany, France, Sweden, Malaysia & West Africa. Organisations that John has worked with include: KNPC, Petronas, Shell, Total, Lafarge, Nigeria LNG, The United Nations, Zain Corporation, Maybank & Sinopec.

As a consultant and trainer for the last 11 years John is passionate about delivery, and utilises his career expertise to ensure that clients receive leading edge training results, enabling delegates to understand not only the subject matter, but also the application and usage to add value both to their role and within the wider organisational environment

 

Meet your training course director: Karl Brookes, B.Sc, M.Sc FITOL

Karl Brookes Karl is a Fellow of the Institute of Training and Occupational Learning (ITOL) and has more than 20 years of experience in developing and delivering procurement projects and strategies that change behaviours and achieve corporate objectives.

Graduating in Politics and Sociology from the University of Salford, Karl joined the Civil Service, before working in Sales and Marketing for prestigious clients such as the UK Civil Service, Barclays, DHL and British Telecom. Returning to education, he gained a Masters from Manchester Metropolitan University, and was elected to help run the Students’ Union.

In addition to being a Guest Lecturer at the prestigious Business School of University of Central Lancashire, Karl has written articles on various topics including, financial and energy consumer rights, developing property and even how to avoid a Repetitive Strain Injury.

A skilled leader and deliverer of transformational strategies, Karl is adept at working effectively with employees at all levels in different sizes of organisations. As a trusted ‘safe pair of hands’ in a crisis, Karl has built up many years experience, coaching and delivering training in these and other key corporate areas such as:

  • Understanding Procurement Processes and the Sales Cycle
  • Writing Winning Bids
  • Fleet Management, Resource Management and Utility Management
  • Communications, Crisis & Change Delivery
  • Emotional Intelligence, ISO Implementation, Media Relations, Marketing
  • ⦁ Private Finance Initiative (PPP), Project Management Techniques e.g. Prince 2 and; Management Skills Development

 

Meet your training course director: Steve Mallaband BSc (Hons) CEng MIET FITOL

Steve Mallaband Steve is a highly experienced procurement professional and a Fellow of the Institute of Training and Occupational Learning (ITOL). Steve has over 20 years experience holding senior positions with several large organisations both in the UK and abroad. During his career he has bought a large variety of goods and services in an international context, and has been actively involved in both writing tenders and preparing bids. For the last 7 years he has provided training and consultancy to public and private sector clients around the globe on a wide range of topics. He is a knowledgeable, interesting and entertaining presenter who is able to draw on his wealth of practical experience to excellent effect.

 

Meet your training course director: Ros Howard BSc (Hons) PGCE FITOL

Ros Howard Ros is a professional business trainer and a Fellow of the Institute of Training and Occupational Learning (ITOL). Ros has a rich and varied career in industry and education. She believes that excellence in communication and other “soft skills” is vital for business success, and has a real passion for instilling learning in others. For the last 10 years she has provided training, coaching and consultancy to a variety of clients in many different countries and from many different organisations. She is a dynamic and inspiring presenter who, having taught English as a Foreign Language, is particularly sensitive to the needs of the non-native English speakers.

Steve and Ros deliver together to deliver the Advanced Certificate in Bid and Tender Management (ACBTMtm), offering you the best of both worlds – a very experienced procurement practitioner backed by an expert in communication and soft skills.

 

Meet your training course director: Paul Jackson, BSC MICM MCIPS

Paul Jackson Paul Jackson is an accomplished Supply Chain professional and training consultant with significant expertise in the area of procurement, Supply Chain Management, inventory and warehousing management, sustainability and supplier development. Paul has consistently delivered commercial benefits and training across a range of private and public sector markets and has positively influenced large blue chip organisations such as BAE Systems, ChevronTexaco, and Teliasonera as well as Public Sector and numerous SME clients. His ability to deliver projects on time and budget, run operational facilities and train teams makes him an ideal project trainer and mentor.

Paul is an enthusiastic team player and is equally comfortable working within a team as he is leading from the front or coaching from the classroom. He has exceptional change management skills and has the experience and personality to lead large teams successfully through periods of transition. He has run a number of businesses over the years, managed office and warehousing operations, run production plants, and operated datacentres, as well as managing contracts to support the facilities and operational management activities associated within the organisation. He is also an experienced overseas operator having undertaken projects in many diverse locations including countries such as Kazakhstan, Nigeria, Angola, Indonesia, China, Japan and Saudi Arabia.

Paul is an articulate communicator with well developed project delivery, contract negotiation and presentation skills. He manages projects with an enviable ease and engages people with a coaching philosophy which focuses on motivation, mentoring and development. He also runs and manages end-to-end Supply Chain audits, feasibility studies and compliance assessments to help drive effective change and identify strategic opportunities and risk. Furthermore, Paul was for a number of years a successful business manager with a warehousing and logistics organisation and approached all aspects of his work with a heavy focus on the improvement of profit through cost reduction, development of markets in locations such as India and China, and through the improvement of skills in the workforce.

Paul is a MCIPS, BTEC and IACCM trainer in Procurement, Supply Chain Management, Negotiation and Inventory Management and lead author of “the Sustainable Business” published in early 2013, lead-author of “101 Tools of Procurement and Supply Chain Management” and co-author of Practical Procurement second edition. He has also published articles in a number of different journals including Supply Management, IPSCM. Intend and Marine Trader. He is a Prince 2 qualified project manager, a Six Sigma Green belt, and has UK National Security Clearance.

 

Meet your training course director: Andrew Neilson F.C.I.P.S. (Chartered) F.C.I.L.T.

Andrew Neilson Andrew is a professionally qualified and award-winning procurement and supply chain executive. He has led and developed procurement and supply chain functions within leading UK based, globally reaching organisations including in country management across the Americas and the Far East. He was elected as a Fellow of the Chartered Institute of Purchasing and Supply in 2016 followed closely by becoming a Fellow of the Chartered Institute of Logistics and Transport in 2017.

Andrew has now taken all of his experience into providing expertise to clients / businesses of any size with end to end procurement, supply chain and logistics training / consultancy services on a global basis. Training is delivered to all types of organisations both publicly and on-site/in-house on Supplier Relationship Management, Category Management, Negotiation, Contract Development, Operations Management, Customer Relationship Management and Inventory Management plus anything you need within an end to end Supply Chain.

  • Achieved Chartered status of the Chartered Institute of Procurement and Supply 2019
  • Elected as a Fellow of the Chartered Institute of Logistics and Transport 2017
  • Elected as a Fellow of the Chartered Institute of Procurement and Supply 2016
  • Nominated for National Travel Buyer of the Year 2012
  • Winner of Chartered Institute of Procurement and Supply – Best Purchasing Initiative 2008
  • Finalist - European Supply Chain Excellence Awards – Individual Contribution to Supply Chain within the EU 2008
  • Finalist - European Supply Chain Excellence Awards - Sourcing & Procurement 2008

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