Contract Management

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Contract Management

Introduction: 

This 3-day Contract Management training course is designed to enhance the performance of personnel involved in procurement contracts, equipping them with the tools to analyse contractual risks, with emphasis on how to avoid and deal with contractual risk. The course will help participants understand complex contractual terms and conditions in simple English language.

The 3-day interactive workshop will be conducted using a mixture of practical and theory syndicate sessions followed by group discussion. Delegates are encouraged to email or bring contracts which they are familiar with – which can be discussed in the end before closing of the workshop.

Course Objectives:      

The workshop will enable participants to:

  • Understand the principles of contract management
  • Examine the business environment to foresee how the supplier/contractor may perform
  • Legal requirements of contracts and their implications
  • Have knowledge of contractual clauses
  • Understand Risk transfer through contracting terms and conditions
  • Have on overview of legal aspects of contracts and how this might be used to advantage
  • Effectively negotiate procurement contracts
  • Effectively handle claims, variations and disputes
  • Examine the steps involved in Pre-Award, Award and Post Award phase.
  • Lessons learnt and Best Practices.

Course Content:

Day One:

Session 1: Introduction to Contract Management

  • Definition of Contract Management
  • When does Contract Management Commence
  • Relationship between Project Manager & Contracts
  • Four Key Components of Contract Management
  • Setting up the Contract Team
  • Managing Service Performance
  • Managing Relationship
  • Contract Administration

Session 2: Contract/Formation of Contracts

  • Contracts
  • Offer or Proposal
  • Rejection of an offer / Counter offer.
  • Acceptance
  • Consideration
  • Essentials of Valid Contract
  • Free Consent
  • Quasi Contracts
  • Performance of Contract
  • Breach Of Contract /Remedies
  • Battle of Forms

Session 3: Rules of Interpretation of Contract

  • How are contracts interpreted
  • Dealing with ambiguity in contracts
  • Importance of priority of documents

Day Two:

Session 4: Pre-Contractual Phase: Planning

  • Verify the statement of work
  • Choose the appropriate procurement instrument
  • Verify the Intellectual Property Considerations
  • Develop the procurement strategy
  • Review the evaluation criteria
  • Develop the solicitation document
  • Determine the appropriate contractor selection methodology
  • Approval of the procurement process
  • Reverse auction
  • E- tendering

Session 5: Contracting phase: Bidding and awarding of contract

  • Types of Tender
  • Solicitation Process
  • Solicit competitive bids
  • Sealed Bidding
  • Two Step Sealed Bidding
  • Respond to inquiries from potential bidders
  • Hold Bidders’ Conferences
  • Negotiations
  • Composition of Tender Committee
  • Conduct Site Visits
  • Evaluate competitive bids
  • Award a contract
  • Debrief unsuccessful bidders

Session 6: Contract management phase: After the contract is awarded

  • Contract Administration
  • Roles and Responsibilities
  • RASCI
  • Kick off Meetings
  • Contract governance
  • Service Level Agreement
  • Variations and Dispute Management
  • Contract Close out
  • Lessons Learn
  • Disputes and Claims.

Day Three:

Session 6: Contracting Methods

  • Contracting Methods
  • Simplified Methods
  • Formal Competitive Methods
  • Sealed Bidding
  • Key steps in Source Selection
  • Reverse Auction
  • Negotiation with Sole/Single Source

Session 7: Contracting Pricing Arrangements

  • Uncertainty and Risk in contracting
  • Fixed Price Contracts
  • Contract reimbursable Contracts
  • Time and Materials contracts
  • Unit rate Contracts

Session 8: Understanding Clauses which deal with Contractual Risk – How to minimise and transfer the risk

  • Indemnity
  • Limitation of Liability/Total Liability Cap
  • Third Party Liability
  • Force Majeure
  • Damages, Liquidated Damages/ Penalty
  • Consequential Damages
  • Negligence/Gross Negligence and Wilful misconduct
  • Non-payment by Client
  • Confidentiality
  • Exclusive Remedy Provisions
  • Governing Law
  • Termination
  • Warranties and Guarantees