Training Certificate

Prolific Consultants FZE Certificate of Course Completion will be issued to all attendees.

Course Introduction

Every commercial projects need a professional contracting approach if it is to achieve its objectives. There are many aspects of the job to consider: the procurement processes must be transparent, efficient and well managed; the right commercial contract model needs to be selected; the company must make sure it chooses an able and affordable contractor; the scope of work must be well defined. The risks must be appropriately apportioned between the parties, and the consequences of late or poor performance must be reflected in the contract and managed appropriately. The contract must be administered effectively to keep the job on track, and if changes are required, the contract should facilitate the variations.

The Contracts Evaluation & Selection training course will cover all different aspects of bidding, to help participants become better aware of the activities incorporated in the bidding process, bid evaluation negotiation and contract award.

Course Objective

• Define the bidding cycle and strategies
• Identify the different options of bidding
• Learn ways to maximize value of supplies and services
• Define the essential bid documentation
• Apply best practices in screening vendors and prequalification
• Identify different negotiation styles and tactics
• Develop advanced practices in bidding and evaluation process
• Define the contract pre-award and post award activities

Suitable For

• Contract Managers and Administrators
• Contract Analysts and Engineers
• Buyers, Purchasing Professionals and Procurement Officers
• Anyone involved in the planning, evaluation, preparation and management of commercial bids and contracts for the purchase of services, materials or equipment.

Training Methodology

The facilitator will deploy a full range of lively and interactive training methods, including exercises, role plays, case studies, practice sessions and group discussions. Each topic will be underpinned by a presentation that highlights key issues to focus on. The learning experience will be supported by a reference manual containing examples of best practice. Discussions will enable participants to share their own experiences with the rest of the group

• 30% Lectures
• 30% Workshops and work presentation
• 20% Group Work& Practical Exercises
• 20% Videos & General Discussions

Course Content

DAY 1

Contract management and tendering - when does the process start?

• What You Need to Know to Be Competent at Contract Management
• Contract Management, Preparation, Formalization and, evaluation,
• Bidding Process
• Standards of Ethical Practice
• Example Policy “Relations with Suppliers
• Selecting the Right Contracting Strategy
• Types of Statement of Work
• The Importance of The Contract
• Basic Contract Types
• Basic Types of Project Deliver

Best Practice in Contract evaluation and Selection – Key Capabilities

• Reducing costs through shorter cycle times and administrative efficiencies

DAY 2

Important elements of the contract

• Selection and Claims Management Elements
• Saving with Economic Price Adjustment Clauses
• Force Majeure Clauses
• Contract Changes Clauses
• Methods of Payment
• Progress Payments
• Letters of Intent, Award, And Side Agreements

Bidder selection and tender evaluation

• Selecting the Bidders
• We Want More Than the Lowest Price
• How Do You Know You Got A Good Price?
• Use of Price Indexes
• Electronic Evaluations
• Requesting Cost Breakdowns and Evaluations of Cost Breakdowns

Managing the contract performance

• The Criticality of Good Contract Administration
• Contract Changes
• Determining Status and Expediting
• Contractor Payments
• How Contracts End
• Remedies for Breach of Contract
• Types of Bonds and Guarantees
• Negotiation Tips

Contract Evaluation and Selection – Key Capabilities

• Managing contract performance and risk from inception to closure regarding Contract evaluation and Selection

DAY 3

Best Practice in Contract Evaluation – Key Capabilities

• Consistent variations contract evaluations via a holistic approach

How Claims and Counter Claims arise

• Causes of typical claims

• Poor drafting of requirements
• Lack of clarity in Scope of Work/Services
• Misunderstanding of legal or technical obligations
  • • By Client
    • By Contractor/Supplier

• Deliberate “misunderstanding”

• Counter claims - how they differ from claims

• Rights of set-off

• Overview of main contractual provisions relevant to claims and counter claims

• Obligation to perform work
• Standards
• Programme

• Acceleration

• Variations
• Extension of time
• Force majeure

DAY 4

Best Practice in Contract Management and Selection – Key Capabilities

• Process automation and enhanced digital transformation

Types of Claims and Counter claims

• Types of claims, in construction and other areas - and their distinctive features
  • Re-measure disputes
  • Variations - disputes on valuation
  • Variations - disputes as to whether there is change
  • Breaches of contract
  • Quality of workmanship
    • Re-work
• Rejection of goods
  • Full rejection
  • Partial rejection
• Liquidated damages and penalties
• Warranty claims
• Special issues with EPC/Turnkey contracts
  • Interface problems - are these always the Contractor’s responsibility?
  • Tracking change where client involvement is limited
  • Special issues with documentation in EPC and turnkey contracts

DAY 5

Best Practice in Contract Management – Key Capabilities

• Leveraging contract data for insights and decision making

Dispute Resolution

• What is a dispute?
• Introduction to dispute resolution methods and techniques

• Stage negotiation - setting up internal dispute resolution within the contract
• Measures of success - win-win negotiation
• Understanding what constitutes a “win” for you

• What will be a “win” for the other party?
• Mirror negotiation/red teams

• Negotiating “without prejudice”
• Making offers
• Compromise
• Bargaining

• Interest-based negotiations

• Moving away from rights-based thinking
• Making the cake bigger - settling other issues
• Non-financial solutions
• Long-term business relationships

• Conflict and its resolution

• Defusing conflict
• Personality clashes and how to avoid them
• Dealing with disputes as they arise - not letting them fester
• Traditional dispute resolution
  • • Litigation
      • Use of foreign courts
      • Enforcement
    • Arbitration
      • Domestic
      • International
      • Single or panel
      • Enforcement
  • Issues with evidence and production of documents

• Differences between alternative dispute resolution methods

• Mediation
• Med/Arb and Arb/Med
• Adjudication
• Expert determination
• Early Neutral Evaluation
• Mini-Arbitration
• Dispute Review Boards
• Pendulum arbitration

Case studies, Last Day Review, Discussions & Pre & Post Assessments will be carried out.