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

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.

* 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™)