Tendering, Procurement and Negotiation Skills

Introduction

High-quality Contract and Tender Management are essential activities in achieving improved levels of performance for all organizations. Providing the high value-added activities available from contract and procurement operations requires the continuous involvement of knowledgeable professionals and management who understand and implement the best practices in Contract Management and Tendering for the acquisition of goods, equipment, and services. This program explores key concepts of strategic approaches to Procurement, Partnering and Tendering, and shows how today’s supply management organizations need to move from their traditional tactical focus to the strategic focus needed to successfully implement the processes and methods required to reach world-class performance.

Objectives

• Examine the What, Why, When, How, Where and Who of contractor/supplier partnering
• Learn how to transfer risk through different contract types
• Discuss Elements Of Good Procurement Process
• Review Contract Strategies
• Understand the Importance of Commercial Contract Clauses
• Learn The Essential Elements Of A Contract
• Understand methods of contractor/supplier segmentation
• Develop skills in negotiation planning and strategies
• Cover basic principles in contract formation
• Explore remedies for Breach of Contract

Training Methodology

This is an interactive course. There will be open question and answer sessions, regular group exercises and activities, videos, case studies, and presentations on best practices. Participants will have the opportunity to share with the facilitator and other participants on what works well and not so well for them, as well as work on issues from their own organizations. The online course is conducted online using MS-Teams/ClickMeeting.

Who Should Attend?

Contracts and Procurement personnel

• Engineering, Operational, Project, and Maintenance personnel
• And all others who are involved in the planning, evaluation, preparation and management of tenders, specifications, awards, and contracts that cover the acquisition of materials, equipment, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities

Course Outline

Day 1: Planning For Best Results

• What You Need To Know To Be Competent at Contract Management
• Elements Of A Good Procurement and Competitive Bidding Process
• Selecting The Right Contracting Strategy
• The Importance Of The Contract
• Contracts & Procurement Activities Impact On The Bottom Line
• Total Cost of Ownership
• Strategic Sourcing Plans
• Basic Types Of Project Deliver
• Supplier Segmentation
• Strategic Alliance / Partnering
• Developing Trust and Loyalty – Critical Steps in Partnering

Day 2: Contract Tendering, Formation, and Management

• Objectives Of The Contract
• The Project Triangle-Scope, Cost, Time
• Understanding of Supply Market Place-Best Practices
• Tendering Process Steps
• Price Justification Defining Cost/Price Analysis
• What is a Fair and Reasonable Profit
• Important Elements in Contract Management
• Types of Statement of Work
• The Reasons for Using Contracts
• Basic Principles in Contract Formation
• Basic Contract Types
• Cost Risk and Contract Structure Types
• Monitoring Progress

Day 3: Important Elements Of A Contract

• Terms and Conditions
• Standard Forms of Contracts
• The Important Integration Clause
• Inspection, Acceptance, Rejection
• Clauses For Defects In Material And Workmanship
• Penalty/Liquidated Damages Clause
• Clauses For Spare Parts
• Saving With Economic Price Adjustment Clauses
• Force Majeure Clauses
• Contract Changes Clauses
• Methods Of Payment
• Progress Payments
• Letters Of Intent, Award, And Side Agreements
• Types Of Bonds and Guarantees

Day 4:

• Bidder Selection, Tender Evaluation And Negotiations
• Selecting The Bidders
• We Want More Than The Lowest Price
• How Do You Know You Got A Good Price?
• Use Of Price Indexes
• Negotiation Skill Sets
• Who Wins Negotiations?
• Steps In Negotiation Preparation
• What Does Win/Win Really Mean?
• Determining The Issues and types
• Single Source or Sole Source Negotiations
• Negotiation Objectives Diagram
• Negotiations Planning Forms
• Team Negotiations
• Final Tips For The Actual Negotiation

Day 5: Managing The Performance Of The Contract

• The Criticality Of Good Contract Administration
• Contract Changes
• Determining Status And Expediting
• Contractor Payments
• How Contracts End
• Remedies For Breach Of Contract