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Contract Development, Negotiation & Management Masterclass

5 Day Training

Dates: 22 – 26 July | 09 – 13 September 2024
Locations: Johannesburg, South Africa
Platform: Available In-Class / Online

Price: Available on request

Course Introduction

Increasingly organisations globally are looking to their contracting function to effectively underpin the operational benefits obtained through both tendering and or negotiation. The 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 five-day Contract Development, Negotiation & Management Masterclass course leads delegates through the full end of the contracting process, from establishing the specific contract objectives and prioritization of these objectives, through to effective contract negotiation and drafting. 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.

Course Objectives

By the end of the Contract Development, Negotiation & Management Masterclass program, participants will be able to:

  • Limit your organization’s exposure through effective contract structuring, negotiation & drafting

  • Cultivate a better understanding and appreciation of contracting strategies

  • Gain knowledge of complex agreements and the terms and conditions that most often cause contention

  • Build flexibility into your contracts by reviewing the applicability of provisions Incorporate the latest international legislative and legal issues into your contract risk management process, including UNCITRAL (United Nations Commission on International Trade Law) Framework

  • Discover current best practice and techniques for defining and managing contract risk, setting & managing performance criteria

  • Examine and evaluate the methodology and benefits behind standard contracts

  • Review key contractual differences between products, services, and solutions

  • Explore distribution, sub-contracting, and other third-party relationships.

  • Appreciate the key principles behind contractual damage clauses and apply these principles for optimum outcomes for your organization.

Who should attend?

  • 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

Training methodology

Training Methodology

Our diverse instructional approaches ensure effective learning:

– Lectures & Presentations: Engage with expert-driven, stimulating content.
– Course Material: Access well-crafted supporting resources.
– Group Work: Collaborate on discussions and case studies for practical insights.
– Workshops & Role-Play: Participate in immersive, scenario-based activities.
– Practical Application: Focus on applying theoretical knowledge in real situations.
– Post-Training Support: Receive extensive support after training for skill implementation.

Training Outline

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

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 based on 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?

UNDERSTANDING THE POWER & INFLUENCE MATRIX ANDTHEIR 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

  • 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

  • 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

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