Certificate in Contract Development, Negotiation & Management (CCDNM™)
A 5-day INTENSIVE course for Procurement and Contract Professionals
The Certificate in Contract Development, Negotiation & Management: CCDNM™ is designed to cover the end-to-end contracting process, from setting contract objectives and prioritising between them to effective contract drafting and negotiation.
The interactive 5-day programme provides a comprehensive overview that tackles the technical legal aspects of contract management, as well as the art of cross-cultural negotiation from a Western, Pan-Asean and Middle Eastern perspective. The ultimate goal is to enable delegates to build effective contract clauses that deliver operational results while protecting the organisation against key risks. More specifically, delegates will leave the course with a practical understanding of:
- Complex agreements and the terms/conditions that create the most contention
- The international legislative/legal issues to incorporate in contract risk management
- Best practice in contract risk management & performance management
- Contractual differences between services, products & solutions
- Sub-contracting, distribution and third-party relationships
The skills gained will enable delegates to build effective, compliant contracts that maximise the benefits achieved via tendering and negotiation processes.
Suitability - Who should attend?
The Certificate in Contract Development, Negotiation & Management: CCDNM™ is suitable for professionals involved in the contracting process, including:
- Procurement Professionals
- 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
Outcome / Qualification etc.
Benefits of Attending
- Gain an accredited Certificate which has been 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 and will be issued jointly by IFPSM and BMTG (UK) Ltd
Training Course Content
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
- 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
- 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
Key elements of International Law& Trade treaties - The impact upon cross cultural
- 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.
* 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™)
Delivery Options & Expenses
The CCDNM™ public course is delivered in multiple international locations.
BMTG (UK) Ltd can also deliver this course in-house anywhere in the world, either directly or via one of their global Partners.
Provider: BMTG (UK) Ltd
BMTG (UK) Ltd - Global Business Training
BMTG (UK) Ltd collaborates with an international network of partners to offer a wide range of Business Management training courses to individuals, corporate delegates and companies worldwide. BMTG's mission is to become the partner of choice for the delivery...
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