Contract Management Knowledge Village, Dubai

Course details

Introduction
 
Contract life cycle management "is the process of systematically and efficiently managing contract creation, execution and analysis for maximising operational and financial performance and minimising risk". There are a number of other definitions of contract management, the majority of which refer to post-award activities. Successful contract management, however, is most effective if upstream or pre-award activities are properly carried out.
 
  
Importance of Contract Management
 
Organisations in both the public and private sectors are facing increasing pressure to reduce costs and improve financial and operational performance. New regulatory requirements, globalisation, increases in contract volumes and complexity have resulted in an increasing recognition of the importance and benefits of effective contract management. The growing recognition of the need to automate and improve contractual processes and satisfy increasing compliance and analytical needs has also led to an increase in the adoption of more formal and structured contract management procedures and an increase in the availability of software applications designed to address these needs.
 
DAILY OUTLINE

Introduction to Contract Management
Introduction to Enterprise Contract Management
Introduction to and benefits of Contract Lifecycle Management
Key areas of Contract Lifecycle Management
Contract Management Roles and Responsibilities
Upstream or pre-award activities

• Preparing the business case and securing management approval
• Assembling the project team
• Developing contract strategy
• Risk assessment

Developing contract exit strategy

Upstream or pre-award activities
•     Developing a contract management plan
•     Drafting specifications and requirements
•     Establishing the form of contract
•     Establishing pre-qualification, qualification & tendering procedures
•     Appraising suppliers
•     Appraising suppliers
•     Why appraise?
•     When to appraise?
•     What should be appraised?
•     Who should appraise?
•             How to appraise?

Evaluating tenders
Negotiation
Awarding the contract
 
Downstream or post-award activities
•   Changes within the contract
•   Service delivery management
•   Relationship management
•   Contract administration
•   Assessment of risk
•   Purchasing organisation's performance & effectiveness review
•   Contract closure
•   Lessons learned for the future
 
The Contract Agreement

• Claims avoidance clauses

Rules for interpreting contracts

The Communication Process

• How to reduce or eliminate ambiguity, Guarding against assumptions
• Project documentation

 
The role of professional services
Benefits of implementing contract lifecycle management solution
Dispute and Conflict Resolution
Monitoring, Tracking and Improving Contract Performance
 
Typical Major Claims and Causes

• Expressed vs. Implied contract terms
• Delays and concurrent delays
• Changes/modifications and extra work
• Adverse physical conditions

 
Recognizing and Documenting Claims
 

• Cost, Time and Event Analysis

Reserving Contractor's Claims Rights

Warranty management
Contract variations
Pricing principles
Service provider's obligation to undertake the change
Systems and procedures
Record keeping
Arbitration
 
Claims Defenses

• Early Recognition and Analysis

Factual Defences, Legal Defences
Analyzing the Claim

• Entitlement, Cause and Effective, & pricing (Evaluation)

 
Negotiating a Settlement

• Specifying Your Goals and Strategy
• The Good Faith Essential
• Negotiating the Final Price and Agreement

 
Putting all Issues Together

• Effective response of claims events
• Alternative Dispute Resolution (ADR)

Updated on 15 February, 2023