This document provides a summary of a webinar on contracting and procurement. It discusses key differences between contractors and subcontractors, the contracting lifecycle including planning, approval and management. It also covers commonwealth grant guidelines, contestable tendering, the importance of alignment with delegation of authority, adhering to policies and procedures, effective contract performance management and the use of a contract register.
This document provides guidance on managing conflicts of interest in procurement for an unnamed agency. It identifies several high risk areas where conflicts could arise, including with small procurements, authoring procurement documents, selecting evaluation panels, and administering evaluation meetings. For each risk area, it suggests management mechanisms like disclosing interests, independent review, formal procedures, and prohibiting gifts from suppliers. The purpose is to demonstrate how the agency's conflict of interest policy will be applied across procurement to maintain integrity and fairness.
This document provides a summary of Homer Episioco's qualifications and work experience in contract administration and project management. It outlines his over 10 years of experience in the construction industry, specializing in contract support, data management, and invoicing. It then details his work history, highlighting roles as a senior contract administrator and coordinator on oil and gas projects in Libya and Qatar. His responsibilities included contract administration, negotiation, documentation management, and ensuring contractual obligations were met.
U.S. Department of the Navy - Contracting Officer's Technical Representative ...Alberto Rocha
U.S. Department of the Navy - Contracting Officer's Technical Representative Roles and Responsibilities for Alberto Rocha
www.linkedin.com/in/albertorocha1
(1) The document provides an overview of contract management and closing procedures for NTPC Ltd. It discusses key activities in the pre-award, award, and post-award stages of contract management. (2) Thirteen certificates must be issued by various departments to close contracts, verifying items like drawings received, scope completion, payments reconciled, and warranty period completion. (3) Contracts are closed by either corporate, regional offices, or project sites depending on contract type and location of work.
Contract management is important to (1) ensure projects are delivered as planned, (2) manage scope, cost, schedule, risks, and opportunities, and (3) create value for all stakeholders. Key aspects of contract management include formulation, administration, execution, and dispute resolution. During administration, teams monitor contractual obligations, ensure compliance, and manage changes and risks to meet project objectives. Effective contract management requires a systematic process and proactive legal support throughout the project lifecycle.
Project procuremenet contract in ethiopiaGuta Mengesha
This document discusses project procurement and contract administration in the Ethiopian context. It defines procurement contract administration as the management of all actions after a contract is awarded. It discusses the meaning of contracts, elements of a valid contract, and different types of contracts including fixed price, cost reimbursement, and project procurement contracts. Challenges in procurement contract administration in Ethiopia are also mentioned. The document provides an overview of key concepts in project procurement and contract management.
Good Contract Management;A municipality perspectiveJB Nartey
The document outlines problems with contract management at a municipality based on forensic and audit reports. Key issues identified include irregular expenditures, non-compliance with supply chain management regulations, inadequate contract management and monitoring, and awards made to close relatives of officials. A root cause analysis identified factors like fraud/corruption, a flawed contract management system, lack of transparency and professionalism, and outdated policies as underlying problems. A turnaround strategy is proposed to address these issues through initiatives like improving governance, reviewing policies and strengthening controls.
This document provides guidance on managing conflicts of interest in procurement for an unnamed agency. It identifies several high risk areas where conflicts could arise, including with small procurements, authoring procurement documents, selecting evaluation panels, and administering evaluation meetings. For each risk area, it suggests management mechanisms like disclosing interests, independent review, formal procedures, and prohibiting gifts from suppliers. The purpose is to demonstrate how the agency's conflict of interest policy will be applied across procurement to maintain integrity and fairness.
This document provides a summary of Homer Episioco's qualifications and work experience in contract administration and project management. It outlines his over 10 years of experience in the construction industry, specializing in contract support, data management, and invoicing. It then details his work history, highlighting roles as a senior contract administrator and coordinator on oil and gas projects in Libya and Qatar. His responsibilities included contract administration, negotiation, documentation management, and ensuring contractual obligations were met.
U.S. Department of the Navy - Contracting Officer's Technical Representative ...Alberto Rocha
U.S. Department of the Navy - Contracting Officer's Technical Representative Roles and Responsibilities for Alberto Rocha
www.linkedin.com/in/albertorocha1
(1) The document provides an overview of contract management and closing procedures for NTPC Ltd. It discusses key activities in the pre-award, award, and post-award stages of contract management. (2) Thirteen certificates must be issued by various departments to close contracts, verifying items like drawings received, scope completion, payments reconciled, and warranty period completion. (3) Contracts are closed by either corporate, regional offices, or project sites depending on contract type and location of work.
Contract management is important to (1) ensure projects are delivered as planned, (2) manage scope, cost, schedule, risks, and opportunities, and (3) create value for all stakeholders. Key aspects of contract management include formulation, administration, execution, and dispute resolution. During administration, teams monitor contractual obligations, ensure compliance, and manage changes and risks to meet project objectives. Effective contract management requires a systematic process and proactive legal support throughout the project lifecycle.
Project procuremenet contract in ethiopiaGuta Mengesha
This document discusses project procurement and contract administration in the Ethiopian context. It defines procurement contract administration as the management of all actions after a contract is awarded. It discusses the meaning of contracts, elements of a valid contract, and different types of contracts including fixed price, cost reimbursement, and project procurement contracts. Challenges in procurement contract administration in Ethiopia are also mentioned. The document provides an overview of key concepts in project procurement and contract management.
Good Contract Management;A municipality perspectiveJB Nartey
The document outlines problems with contract management at a municipality based on forensic and audit reports. Key issues identified include irregular expenditures, non-compliance with supply chain management regulations, inadequate contract management and monitoring, and awards made to close relatives of officials. A root cause analysis identified factors like fraud/corruption, a flawed contract management system, lack of transparency and professionalism, and outdated policies as underlying problems. A turnaround strategy is proposed to address these issues through initiatives like improving governance, reviewing policies and strengthening controls.
This document provides an overview of key definitions and concepts from the Public Procurement Rules of Pakistan. It defines terms like bidder, blacklisted, corrupt practices, and most advantageous bid. It also summarizes various aspects of the procurement process under the rules, including planning, specification of requirements, approval mechanisms, advertising and notification, response time, pre-qualification of suppliers, and framework agreements. The document aims to outline the main principles, procedures and terminology related to public procurement as governed by the relevant rules and regulations in Pakistan.
This document discusses the role of a Project Implementation Unit (PIU) in managing construction contracts and projects. It outlines the PIU's responsibilities in three key phases: execution, monitoring and control, and closure. During execution, the PIU directs project work, performs quality assurance, and distributes information to stakeholders. In monitoring and control, the PIU oversees project progress, manages changes, and reports performance. Finally, for closure the PIU completes the project/phase and closes procurement contracts by issuing completion certificates and collecting as-built documents. The document provides detailed steps for carrying out each of these responsibilities.
The document discusses the roles and responsibilities of project managers and contract administrators in construction contract management and administration. It defines key terms like project, program, and operations. It outlines the main tasks involved in construction contract administration such as developing accurate bid documents, ensuring quality control, administering payments, and resolving disputes. It also discusses how project managers and contract administrators should work together to plan, schedule, procure, execute, track, and close out projects while meeting time, cost and quality objectives.
The procurement coordinator is responsible for managing the entire procurement process including: formulating contract terms, reviewing submissions, attending meetings, generating and awarding contracts, coordinating feedback, investigating claims, and completing documentation for the procurement of goods and services for projects. Key responsibilities include reviewing documentation, providing input for evaluations, obtaining approvals, coordinating contract generation and management, and liaising between legal, management, and the project team.
A Quick Guide to Contract Mangement ServicesCogneesol
A Slideshare presentation covering a brief on the remunerations of outsourcing the complex & surplus contract review and management services to the LPO companies overseas in terms to improve the overall productivity of the business. Also find out the factors that drive the need for outsourcing contract Review services.
CREDICON CONSULTING LLP provides multi-disciplinary consulting services to engineering and construction industries, including contract management, dispute resolution, expert witness services, arbitration, litigation, scheduling, and cost engineering. They offer pre-contract consultancy, tender evaluation, risk analysis, cost management, and project change control. With over 70 associates in 40 locations, they bring industry expertise and legal capabilities to complex, high-stakes disputes. Their clientele includes many public and private sector organizations in infrastructure. They provide contract audit services to help contractors manage risks, measure work, develop billing procedures, analyze delays, audit quantities and rates for variations, and maintain contemporary records for claims and disputes.
James Shields has over 30 years of experience in contract management and negotiation for major defense contractors. He currently serves as Division Contracts Manager for Curtiss-Wright Defense Solutions, managing $80M annually across defense and commercial contracts. Previously, he held contracts management roles at ITT Aerospace Controls and Northrop Grumman, gaining experience across various contract types and programs. Shields has a proven track record of successful contract execution and negotiation, as well as developing high-performing teams.
The document discusses contracts management and the Indian Contract Act of 1872. It provides definitions of key terms related to contracts such as offer, acceptance, consideration, void agreements, remedies for breach of contract, and classifications of contracts. It also summarizes general conditions of contracts including scope, time for completion, guarantees and liabilities, and procedures for contract execution and changes.
In less than 30 minutes, this Guide to Contract Management clarifies how to manage contracts. Follow practical steps to control contract risk and improve financial performance. The Guide provides specific recommendations about what contract data to track.
Learn about the 5 principles of contract management. These principles elevate contract management from an administrative burden to a vital risk management function.
The document outlines the contractor's procedures for managing subcontractors on a project. It discusses selecting subcontractors based on their experience and capabilities, developing a subcontracting strategy, monitoring subcontractor performance against standards, and providing an interface for communication and supervision of subcontractors. The objective is to effectively handle subcontractors to enhance project performance.
Negotiation Skills for Not for Profits QED Group Lunch Time WebinarTarun Philip
Part of The QED Group's Lunch Time Webinar Series, this webinar on Negotiation Skills for Not for Profits in Contracting and Procurement was delivered by Peter Spence.
The Key to Success in Negotiation is to have a systematic approach. This Negotiator's Framework -> gives you a direction to guide or lead through the negotiation; helps you evaluate offers and propose counter offers. In a nutshell, the framework offers a disciplined approach to negotiation.
This document provides tips and strategies for effective negotiation. It discusses preparing for negotiation by understanding your goals, alternatives, and the other party's position. During negotiation, it emphasizes listening, building rapport, understanding different perspectives, and focusing on interests rather than positions. The document also recommends reframing issues, exploring multiple options, maintaining credibility and relationships, and getting confirmation of agreed terms in writing. The overall message is that negotiation requires both technical skills and strong interpersonal skills like empathy, communication and finding mutually beneficial outcomes.
In this presentation to the Beta Alpha Psi Fraternity at the University of Baltimore we discussed negotiations as they relate to job placement, work life integration, and knowing the deliverables.
War of the Lotuses - Determining the BATNA - The Best Alternative to a Negoti...drvipmethod
Thomas Giglione is a Canadian mediator, lecturer, and soft skills trainer who offers communication and conflict resolution workshops. He specializes in role plays and techniques from neuro-linguistic programming and methods from Harvard's Program on Negotiation. His recent pro bono seminar in Vietnam was attended by 145 participants from law, business, and government. The workshops teach practical negotiating skills through short lectures, discussions, role plays, and certification from the World Mediation Organization.
The document is a reprint of the book "Getting to Yes" by Roger Fisher and William Ury. It discusses strategies for negotiating agreements between two parties. The book was originally published in 1981 and reprinted in 1991 by Penguin Books.
A short overview of Principled Negotiation from teh book Getting to Yes by Roger Fisher and William Ury presented by Alec McPhedran of Skills Channel TV.
Negotiations: Separate the People from the ProblemJohn Cousins
This document discusses how to separate people from problems in negotiations. It emphasizes that negotiators are human beings prone to emotions, biases, and differing perspectives. To have successful negotiations, one must acknowledge these human aspects and work to understand other parties' perceptions without judgment. Key strategies include listening actively, addressing emotions respectfully, focusing on interests not positions, and reframing the problem as a shared one to solve rather than an interpersonal conflict. The goal is to maintain a cooperative relationship while productively discussing the substantive issues.
1) The document discusses concepts related to distributive bargaining such as anchoring, reservation prices, bargaining zones, and first offers. It explains that initial values can act as psychological anchors that influence negotiations.
2) Preparation is key - negotiators should determine their best alternative to a negotiated agreement (BATNA) and bargaining zone to maximize their bargaining surplus. However, they should not reveal their true reservation price.
3) First offers can advantage the party making them by anchoring the negotiation, but this effect can be reduced if the responding party focuses on information inconsistent with the implications of the first offer. Overall preparation and understanding of anchoring effects is essential for effective distributive bargaining.
This document discusses strategies and tactics for distributive bargaining. Distributive bargaining is a "win-lose" situation where the goals of each party are in conflict and the resources being negotiated are limited. Key strategies include assessing the other party's alternatives and resistance point in order to push for a settlement near their resistance point. Tactics discussed include managing impressions of offers, modifying the other party's perceptions, and manipulating costs of delay or termination. The document provides guidelines for concession making, establishing commitments, and dealing with hardball tactics like good cop/bad cop.
This document discusses integrative negotiation. It focuses on addressing interests rather than positions, exchanging information to invent options for mutual gain, and using objective criteria. The key steps are to identify and define the problem, understand interests and needs on both sides, generate alternative solutions, and evaluate and select among alternatives. Factors that facilitate success include a shared goal, problem-solving ability, validating each other's perspectives, commitment to working together, trust, and clear communication. Integrative negotiation can be difficult due to past relationships, believing issues can only be resolved distributively, and the mixed-motive nature of most negotiations.
This document provides an overview of key definitions and concepts from the Public Procurement Rules of Pakistan. It defines terms like bidder, blacklisted, corrupt practices, and most advantageous bid. It also summarizes various aspects of the procurement process under the rules, including planning, specification of requirements, approval mechanisms, advertising and notification, response time, pre-qualification of suppliers, and framework agreements. The document aims to outline the main principles, procedures and terminology related to public procurement as governed by the relevant rules and regulations in Pakistan.
This document discusses the role of a Project Implementation Unit (PIU) in managing construction contracts and projects. It outlines the PIU's responsibilities in three key phases: execution, monitoring and control, and closure. During execution, the PIU directs project work, performs quality assurance, and distributes information to stakeholders. In monitoring and control, the PIU oversees project progress, manages changes, and reports performance. Finally, for closure the PIU completes the project/phase and closes procurement contracts by issuing completion certificates and collecting as-built documents. The document provides detailed steps for carrying out each of these responsibilities.
The document discusses the roles and responsibilities of project managers and contract administrators in construction contract management and administration. It defines key terms like project, program, and operations. It outlines the main tasks involved in construction contract administration such as developing accurate bid documents, ensuring quality control, administering payments, and resolving disputes. It also discusses how project managers and contract administrators should work together to plan, schedule, procure, execute, track, and close out projects while meeting time, cost and quality objectives.
The procurement coordinator is responsible for managing the entire procurement process including: formulating contract terms, reviewing submissions, attending meetings, generating and awarding contracts, coordinating feedback, investigating claims, and completing documentation for the procurement of goods and services for projects. Key responsibilities include reviewing documentation, providing input for evaluations, obtaining approvals, coordinating contract generation and management, and liaising between legal, management, and the project team.
A Quick Guide to Contract Mangement ServicesCogneesol
A Slideshare presentation covering a brief on the remunerations of outsourcing the complex & surplus contract review and management services to the LPO companies overseas in terms to improve the overall productivity of the business. Also find out the factors that drive the need for outsourcing contract Review services.
CREDICON CONSULTING LLP provides multi-disciplinary consulting services to engineering and construction industries, including contract management, dispute resolution, expert witness services, arbitration, litigation, scheduling, and cost engineering. They offer pre-contract consultancy, tender evaluation, risk analysis, cost management, and project change control. With over 70 associates in 40 locations, they bring industry expertise and legal capabilities to complex, high-stakes disputes. Their clientele includes many public and private sector organizations in infrastructure. They provide contract audit services to help contractors manage risks, measure work, develop billing procedures, analyze delays, audit quantities and rates for variations, and maintain contemporary records for claims and disputes.
James Shields has over 30 years of experience in contract management and negotiation for major defense contractors. He currently serves as Division Contracts Manager for Curtiss-Wright Defense Solutions, managing $80M annually across defense and commercial contracts. Previously, he held contracts management roles at ITT Aerospace Controls and Northrop Grumman, gaining experience across various contract types and programs. Shields has a proven track record of successful contract execution and negotiation, as well as developing high-performing teams.
The document discusses contracts management and the Indian Contract Act of 1872. It provides definitions of key terms related to contracts such as offer, acceptance, consideration, void agreements, remedies for breach of contract, and classifications of contracts. It also summarizes general conditions of contracts including scope, time for completion, guarantees and liabilities, and procedures for contract execution and changes.
In less than 30 minutes, this Guide to Contract Management clarifies how to manage contracts. Follow practical steps to control contract risk and improve financial performance. The Guide provides specific recommendations about what contract data to track.
Learn about the 5 principles of contract management. These principles elevate contract management from an administrative burden to a vital risk management function.
The document outlines the contractor's procedures for managing subcontractors on a project. It discusses selecting subcontractors based on their experience and capabilities, developing a subcontracting strategy, monitoring subcontractor performance against standards, and providing an interface for communication and supervision of subcontractors. The objective is to effectively handle subcontractors to enhance project performance.
Negotiation Skills for Not for Profits QED Group Lunch Time WebinarTarun Philip
Part of The QED Group's Lunch Time Webinar Series, this webinar on Negotiation Skills for Not for Profits in Contracting and Procurement was delivered by Peter Spence.
The Key to Success in Negotiation is to have a systematic approach. This Negotiator's Framework -> gives you a direction to guide or lead through the negotiation; helps you evaluate offers and propose counter offers. In a nutshell, the framework offers a disciplined approach to negotiation.
This document provides tips and strategies for effective negotiation. It discusses preparing for negotiation by understanding your goals, alternatives, and the other party's position. During negotiation, it emphasizes listening, building rapport, understanding different perspectives, and focusing on interests rather than positions. The document also recommends reframing issues, exploring multiple options, maintaining credibility and relationships, and getting confirmation of agreed terms in writing. The overall message is that negotiation requires both technical skills and strong interpersonal skills like empathy, communication and finding mutually beneficial outcomes.
In this presentation to the Beta Alpha Psi Fraternity at the University of Baltimore we discussed negotiations as they relate to job placement, work life integration, and knowing the deliverables.
War of the Lotuses - Determining the BATNA - The Best Alternative to a Negoti...drvipmethod
Thomas Giglione is a Canadian mediator, lecturer, and soft skills trainer who offers communication and conflict resolution workshops. He specializes in role plays and techniques from neuro-linguistic programming and methods from Harvard's Program on Negotiation. His recent pro bono seminar in Vietnam was attended by 145 participants from law, business, and government. The workshops teach practical negotiating skills through short lectures, discussions, role plays, and certification from the World Mediation Organization.
The document is a reprint of the book "Getting to Yes" by Roger Fisher and William Ury. It discusses strategies for negotiating agreements between two parties. The book was originally published in 1981 and reprinted in 1991 by Penguin Books.
A short overview of Principled Negotiation from teh book Getting to Yes by Roger Fisher and William Ury presented by Alec McPhedran of Skills Channel TV.
Negotiations: Separate the People from the ProblemJohn Cousins
This document discusses how to separate people from problems in negotiations. It emphasizes that negotiators are human beings prone to emotions, biases, and differing perspectives. To have successful negotiations, one must acknowledge these human aspects and work to understand other parties' perceptions without judgment. Key strategies include listening actively, addressing emotions respectfully, focusing on interests not positions, and reframing the problem as a shared one to solve rather than an interpersonal conflict. The goal is to maintain a cooperative relationship while productively discussing the substantive issues.
1) The document discusses concepts related to distributive bargaining such as anchoring, reservation prices, bargaining zones, and first offers. It explains that initial values can act as psychological anchors that influence negotiations.
2) Preparation is key - negotiators should determine their best alternative to a negotiated agreement (BATNA) and bargaining zone to maximize their bargaining surplus. However, they should not reveal their true reservation price.
3) First offers can advantage the party making them by anchoring the negotiation, but this effect can be reduced if the responding party focuses on information inconsistent with the implications of the first offer. Overall preparation and understanding of anchoring effects is essential for effective distributive bargaining.
This document discusses strategies and tactics for distributive bargaining. Distributive bargaining is a "win-lose" situation where the goals of each party are in conflict and the resources being negotiated are limited. Key strategies include assessing the other party's alternatives and resistance point in order to push for a settlement near their resistance point. Tactics discussed include managing impressions of offers, modifying the other party's perceptions, and manipulating costs of delay or termination. The document provides guidelines for concession making, establishing commitments, and dealing with hardball tactics like good cop/bad cop.
This document discusses integrative negotiation. It focuses on addressing interests rather than positions, exchanging information to invent options for mutual gain, and using objective criteria. The key steps are to identify and define the problem, understand interests and needs on both sides, generate alternative solutions, and evaluate and select among alternatives. Factors that facilitate success include a shared goal, problem-solving ability, validating each other's perspectives, commitment to working together, trust, and clear communication. Integrative negotiation can be difficult due to past relationships, believing issues can only be resolved distributively, and the mixed-motive nature of most negotiations.
This presentation had been used internally in a Lunch & Learn session at KMS Technology which is one of the types of knowledge sharing at KMS Technology Vietnam (www.kms-technology.com)
Getting To Yes - Negotiating Agreement Without Giving Indre229
The document summarizes the key ideas from the book "Getting to Yes: Negotiating Agreement Without Giving In" by Roger Fisher, William Ury, and Bruce Patton. It outlines the Harvard Negotiation Project and describes the authors' concept of principled negotiation as a third approach between soft and hard bargaining. Principled negotiation focuses on separating people from the problem, understanding interests rather than positions, generating options before deciding on solutions, and basing results on objective criteria rather than one side giving in.
This document summarizes the six principles of cooperative negotiation from Harvard's negotiation methodology. The principles are: 1) Separate the people from the problem. 2) Focus on interests, not positions. 3) Generate a variety of possibilities before deciding what to do. 4) Insist that the result be based on some objective standard. 5) Develop your BATNA. 6) Commit to the agreed-upon solution. The document provides explanations and examples for effectively applying each principle to achieve win-win negotiations.
This document discusses the concept of a Best Alternative To a Negotiated Agreement (BATNA) and its importance in negotiations. It defines a BATNA as the best option if an agreement cannot be reached through negotiation. It explains that having a strong BATNA gives a negotiator more power. The document provides tips for negotiators such as identifying your BATNA based on your situation, improving your BATNA, considering the other side's BATNA, knowing the zone of possible agreement, and using stretch goals and anchoring techniques to get the best outcome.
The document provides an overview of a two-day training program on negotiation skills. The training will demonstrate theoretical aspects of negotiation, identify effective negotiation characteristics and skills, apply different negotiation strategies and styles, and use a four-phase negotiation process. Participants will complete assessments to determine their negotiation style and skills, engage in role-playing exercises, and discuss techniques for preparing, exchanging information, bargaining, and reaching agreements. The goal is for participants to approach negotiations differently by focusing on preparation, collaboration, and developing sustainable agreements.
CONFLICTS & NEGOTIATIONS IN ORGANIZATIONST HARI KUMAR
This document summarizes a term paper presentation on conflicts and negotiations in organizations. It discusses the definition of conflict, types of conflict including task, relationship and process conflicts. It also discusses the stages of conflict from potential opposition to outcomes. The document then covers negotiation strategies like distributive and integrative bargaining. It discusses the negotiation process and individual differences and gender differences that influence negotiations. Finally, it summarizes the roles of third parties in negotiations like mediators, arbitrators, conciliators and consultants.
This document discusses key concepts in negotiations including:
1) Negotiation is a process where parties come to agreement on allocating scarce resources, and they are interdependent with neither having complete power.
2) Common negotiation problems include leaving money on the table, settling for too little, walking away, and agreeing to worse terms than your current situation.
3) People are ineffective negotiators due to lack of feedback, satisficing instead of optimizing, and self-reinforcing behaviors. Myths include that good negotiators are born not made and experience alone teaches.
4) Key concepts discussed are BATNA, reservation price, bargaining zone, and aspiration level. The document
The document discusses effective contract management and administration. It defines contract management as all activities that occur during the contracting process, while contract administration refers to managing contract compliance after award. Key aspects of effective administration include establishing clear expectations, anticipating and resolving disputes, and ensuring compensation for deliverables. The contract manager serves as the focal point, protects financial interests, and ensures all contractual requirements are fulfilled. An important task is developing a contract administration plan that identifies milestones, reports, and responsibilities. Monitoring performance against the contract and managing any changes or disputes are also important responsibilities of contract administration.
Post Award Contract Management for IT Suppliers v1.0 20200701Peter Soetevent
1. Contract management involves managing a contract throughout its life to ensure both parties meet their obligations and objectives. It aims to achieve value for money through optimizing efficiency, effectiveness and economy while balancing costs and risks.
2. Key aspects of contract management include agreed service levels, pricing, incentives, communication procedures, and an exit strategy. The lifecycle begins with setting objectives, identifying needs, acquiring services, and transitioning to contract management with ongoing analysis of needs.
3. Different types of contracts require varying levels of management. Routine contracts are low value and low risk while strategic contracts are high value, complex, and high risk, requiring formal risk assessment and management.
Manage Your Organization's Contract Risks FinalFred Travis
This document provides guidance on implementing a contract risk management program. It begins by outlining the importance of conducting a risk assessment of procurement and contracting controls. This involves examining existing contract policies, processes, terms and conditions to identify gaps. It then recommends formalizing contract requirements, standardizing terms and conditions based on risk levels, and implementing a standard review process. Exceptions should be made "exceptional" by requiring documentation and approval. The presentation concludes by emphasizing the need to train relevant parties, conduct audits, and communicate lessons learned to continuously improve the program.
This document provides an overview of key aspects of contract management. It defines contract management as ensuring all parties understand their responsibilities and obligations under a contract to allow efficient performance. It describes the important role of the contract manager in obtaining value, ensuring obligations are met, improving communication and controlling risks. The document outlines the contract manager's responsibilities, required skills, and tasks like implementing plans, monitoring performance, handling variations, and maintaining records. It emphasizes the importance of risk management, occupational health and safety, and complying with relevant policies.
Maximizing value through vendor mgt july, lagosPetro Nomics
This document provides an overview and details of a training course on maximizing value through vendor management. The 3-day course will be held in Lagos, Nigeria in July 2015 and will teach participants how to effectively negotiate, execute, and manage agreements with suppliers. The course will cover topics like contract drafting, risk management, supplier selection, contract performance monitoring, and software tools for contract management. The goal is to help organizations improve procurement processes and ensure successful business relationships with vendors.
Neo Jurix LPO Solutions Pvt. Ltd. provides contract management and legal outsourcing services. They offer solutions such as contract review, abstraction, creation of a contract database, risk analysis, and obligation management. Their services help companies maintain uniformity in contracts, improve visibility and organization of contracts, and properly manage legal obligations. Neo Jurix has experienced attorneys and uses processes like redlining, comparison of contract versions, and drafting of contract summaries to provide efficient contract management solutions.
Contracting process paper cpmgt302september 21, 2015SONU61709
This patient presents with menopausal symptoms including hot flushing, night sweats, and genitourinary symptoms. She has a history of hypertension treated with Norvasc and HCTZ. Her blood pressure is elevated at her current visit.
I would recommend starting this patient on a low-dose estrogen therapy. Estrogen is first-line treatment for vasomotor symptoms of menopause like hot flashes and works by opposing declining estrogen levels. I would start with a low dose of conjugated equine estrogens 0.3mg orally daily to address her symptoms while minimizing risks. Her cardiovascular risk factors including family history of breast cancer warrant a low starting dose. I would also counsel continuing her current antihypertens
Baker Tilly Presents: New to Cost Reimbursement Contracts? Meet Your New Frie...BakerTillyConsulting
Presented at NCMA's World Congress 2016
Presenters: Baker Tilly's Brent Calhoon, CPA, Partner and Jennifer Flickinger, Partner
The world of cost reimbursement contracts has many exciting twists and turns. Contractors have to be ready to tackle the roller-coaster ride that comes with these complex contracts. This session provides an overview of some of the strict regulatory requirements that come into play as contract value and risk increase. The presenters will touch on the business system criteria, annual cost reporting requirements, the Cost Accounting Standards, and more. www.bakertilly.com/governmentcontractors
This document discusses best practices for contract management. It describes key activities for contract management including delivery management, relationship management, and contract administration. It outlines important aspects of managing the contract relationship such as initial meetings, ongoing communication, and review meetings. It also discusses establishing performance controls and managing risks. The overall goal of contract management is ensuring suppliers meet delivery and quality obligations while maintaining an open relationship.
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
White Paper : It Is Time To Switch Outsourcing VendorISHIR
It Is Time To Switch Outsourcing Vendor. - As more and more companies are sharing dissatisfaction with their existing software development outsourcing arrangements, companies are evaluating risks and rewards of switching outsourcing vendors. In this white paper, you will discover: Risks in switching an outsourcing provider How to choose a new outsourcing vendor Planning the vendor switch
This document discusses consultants, contracts, and quality in three sections. It describes what consultants do, where they work, why they are used, and the differences between consultants and contractors. It also outlines the stages of a typical consultant assignment. The second section covers contract law, the importance of contract management, and what should be included in a contract. The third section discusses the current focus on quality, methods like total quality management and ISO 9001 standards, and approaches to software quality management.
The document provides an overview of the Conduct Procurements process, which involves obtaining seller responses, selecting a seller, and awarding a contract. It lists the key inputs, tools and techniques, and outputs of the process. The inputs include the project management plan, project documents, procurement documentation, seller proposals, enterprise environmental factors, and organizational process assets. The tools and techniques involve expert judgment, advertising, bidder conferences, data analysis, and negotiation. The outputs are selected sellers, agreements, change requests, and updates to project documents and plans.
Developing Contracts That Fit Your Needs: The Commercial FrameworkAli Zeeshan
For other Informa Webinars: http://www.informa-mea.com/webinars
To view recording: https://youtu.be/M3Spo18Jo30 or watch the video at end of the slide
Many businessmen and women see contracts as legal documents, but a healthier approach is to see them as business documents which must be written the right way if they are to be legally enforceable. For many of us, therefore, leaving the contracts to the lawyers means that we miss an opportunity to have a contract which can be used as a working document which prevents problems with suppliers and customers. This webinar explains an approach which can be used to ensure that contracts prevent problems from occurring, or fully prescribe your rights and remedies should things go wrong.
About the Presenter:
Eric Evans has held Director level positions in the automotive, retail, fast moving consumer goods and healthcare sectors. He is the author of three books on procurement and negotiation, and a speaker on MBA programmes across Europe and the Gulf region.
As a management consultant, he has delivered improvement programmes in demand management and inventory management, and has coached organisations as they implement collaborative replenishment and customer-led approaches to demand management.
This document outlines a service level agreement between an RPO provider and client. It defines the key terms of their arrangement, responsibilities of each party, services covered, metrics and reporting requirements. Specifically, it details the recruitment processes and timelines to be followed, fees and pricing, procedures for requests, incident management, and defines rewards/penalties for meeting or missing service level targets. The goal is to ensure both parties clearly understand expectations and have accountability for success of the outsourced recruitment engagement.
The document outlines the key steps in conducting project procurements, including developing a procurement plan, conducting a make-or-buy analysis, issuing procurement documents, and establishing source selection criteria. It also discusses contract administration policies and procedures such as defining project scope and payment terms. Tools for contract administration include a contract change control process, procurement performance reviews, inspections and audits. The document also covers techniques for resolving conflicts, the seven steps to close out procurements, and how external influences can impact both the procurement process and risk management plans.
This document provides information about a two-day training program called "Maximizing Value through Vendor Management" held in Lagos, Nigeria from August 6-8, 2014. The training will address how to effectively negotiate, execute, and manage agreements with suppliers in order to avoid issues like cost overruns and delays. It will teach participants about procurement processes, contract drafting, risk management, supplier selection and development, and software for contract management. The fee for the program is N126,000 per participant, and it will be presented by Petronomics Training, an organization that provides training and expertise in the energy sector.
This document provides information about a two-day training program called "Maximizing Value through Vendor Management" held in Lagos, Nigeria from August 6-8, 2014. The training will address how to effectively negotiate, execute, and manage agreements with suppliers in order to avoid issues like cost overruns and delays. It will teach participants about procurement processes, contract drafting, risk management, supplier selection and development, and software for contract management. The fee for the program is N126,000 per participant, and it will be presented by Petronomics Training, an organization that provides training and expertise in the energy sector.
This document provides information about a two-day training program called "Maximizing Value through Vendor Management" held in Lagos, Nigeria from August 6-8, 2014. The training will address how to effectively negotiate, execute, and manage agreements with suppliers in order to avoid issues like cost overruns and delays. It will teach participants about procurement processes, contract drafting, risk management, supplier selection and development, and software for contract management. The fee for the program is N126,000 per participant, and it will be presented by Petronomics Training, an organization that provides training and expertise in the energy sector.
This document provides information about a two-day training program called "Maximizing Value through Vendor Management" held in Lagos, Nigeria from August 6-8, 2014. The training will address how to effectively negotiate, execute, and manage agreements with suppliers in order to avoid issues like cost overruns and delays. It will teach participants about procurement processes, contract drafting, risk management, supplier selection and development, and software for contract management. The fee for the program is N126,000 per participant, and it will be presented by Petronomics Training, an organization that provides training and expertise in the energy sector.
Similar to Getting ML Contracting and procurement right! (20)
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4. Electrocardiogram, StatPearls - https://www.ncbi.nlm.nih.gov/books/NBK549803/
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2. DISCLAIMER
This presentation contains information, statements and commentary by the
Peter Spence of SPANS and Marissa Jank of Jank & Associates (“the
Consultants”) , from publicly available material and from discussions held
with ML stakeholders. The Consultants do not express an opinion as to the
accuracy or completeness of the information provided, the assumptions
made by the parties that provided the information or any conclusions
reached by those parties.
The QED Group
3. KEY DIFFERENCES BETWEEN A CONTRACTOR
AND SUBCONTRACTOR
•
A contractor is an entity directly contracted by the principal to provide
goods and services or perform particular tasks
•
A sub-contractor is a third party hired by the principal‟s contractor to
provide goods and services or perform certain tasks as part of the
contracted statement of works
•
The sub-contractor is not liable to the principal for performance of the
contract or part thereof – the contactor assumes all liability of the
subcontractor as if the contractor was performing the goods and/ or
services themselves.
The QED Group
4. KEY DIFFERENCES BETWEEN A CONTRACTOR
AND SUBCONTRACTOR
•
According to the ML deed of funding, you are not permitted to contract
out the program to a third party
•
Any tasks that you subcontract to a third party over the value threshold
of $22,000 (Inc. GST) requires Departmental approval
•
The primary deed and ML Accreditation Standards require certain
minimum terms to be met and these terms should flow onto
subcontracting arrangements – i.e. insurance, credentialing,
accreditation
•
You cannot divest your contractual obligations to a third party
(subcontractor)
•
Ensure your contract includes appropriate risk treatments to ensure you
have the capability to comply with the primary contract
The QED Group
5. CONTRACTING AND PROCUREMENT LIFECYCLE
Simple or Complex
Clinical
Relevant Contract
type and process
(purchase order,
contract, RTF, RTQ,
EOI )
Contract audit and
reporting
Review contract
performance
Decide to renew or
terminate
Compliance
management
Contract
Amendment
Recording and
storing (contract
register)
Assess the risks – If
and how you intend
to accept, transfer,
mitigate or avoid
risks through the
contract design
Obtain approval to
contract and/or
tender in
accordance with ML
delegation of
authority
Contract Creation
and Authoring –
Drafting the
contract
Negotiate terms,
conditions,
specifications and
Statement of Works
The QED Group
6. COMMONWEALTH GRANT GUIDELINES 2ND ED
(JUNE 2013)
ML need to be aware of the guidelines which are written to promote proper
use of commonwealth resources through collaboration with the nongovernment sector to achieve government policy outcomes. This
guidelines include:
The legislative, policy and reporting framework for grants administration;
The seven key principles for better practice grants administration: robust
planning and design; collaboration and partnership; proportionality; an
outcomes orientation; achieving value with public money; governance and
accountability; and probity and transparency; and
Agency specific grants administration practices.
You can find a copy of the guidelines at
http://www.finance.gov.au/publications/fmg-series/3-commonwealth-grantguidelines.html
The QED Group
7. CONTESTABLE TENDERING
•
Medicare Locals are required under the MLA Standards to use
contestable tendering processes.
•
Contestable tendering is a process of understanding which services
should be put out to competition and which services necessitate a co
operative approach. It is about creating competition, where a choice of
providers does not already exist, where services would benefit.
•
The MLA Standards also recognise that in areas where the market
supply is limited, it may be appropriate to establish preferred supplier
arrangements that ensure effective and efficient service provision.
•
The decisions on the level of contestable tendering should be contained
in the ML delegation of authority.
The QED Group
8. ML DELEGATION OF AUTHORITY - ALIGNMENT
TO CONTRACT MANAGEMENT
•
Your ML instrument of delegated authority should clearly set out who is
authorised to approve and manage contracts, contract variations and
expenditure
•
The instrument of delegated authority should also specify the
organisation‟s financial thresholds for determining the appropriate
contract form (i.e. purchasing order, short form or long form contracts,
tender).
•
Do all ML contracts align with the ML delegation of authority? Without
this alignment the organisation‟s control over contract standards,
probity, legal affect, risk management and exposure may be
compromised.
The QED Group
9. ADHERENCE TO ML CONTRACT AND
PROCUREMENT POLICIES AND PROCEDURES
Any ML contracting arrangements that deviate from the organisation‟s
contract and procurement policies and procedures (ML Accred. Standard
1.4.7) as well as instrument to delegated authority (ML Accred. Standard
1.2.4) leave the organisation exposed to:
•
Allegations of Fraud and Corruption
•
Poor due diligence and probity
•
Risk of financial mismanagement
•
Poor contract management
•
Inconsistencies in the affect and application of contracts across the
organisation
•
Potential financial, reputation and stakeholder relationship costs
associated with unauthorised and/or poor contracting processes
The QED Group
10. ML CONTRACT PERFORMANCE MANAGEMENT
AND REPORTING REQUIREMENTS
• ASSIGN CONTRACT MANAGEMENT ROLES AND
RESPONSIBILITIES
• RELATIONSHIP MANAGEMENT – Specify in the contract,
communication protocols and mechanisms, Complaint and
Dispute Resolution processes
• CONTRACT MANAGEMENT PLAN – assign responsibilities,
tasks, communication strategy, performance review and
reporting schedules; Determine work to be performed
• CONTRACT MANAGEMENT SYSTEM – develop or select a
CMS that enables you to record, assigned management
responsibilities and tasks; credentialing and insurance;
monitors, reviews and reports key compliance and payment
dates; performance deliverable schedule; contract value;
variations and reviews
The QED Group
11. ML CONTRACT PERFORMANCE MANAGEMENT
AND REPORTING REQUIREMENTS
• CONTRACT REVIEW – Review contract compliance –
performance deliverables and milestones, invoicing,
reporting
• RISK MANAGEMENT – Record, Assess, Monitor and
Review Risks as part of the contracting and
procurement cycle; Manage the risks by drafting
contract terms and conditions that will enable you to
either avoid, transfer, accept or reduce the identified
risks
• REPORTING – Ensure the contract performance
reporting schedule, mechanisms and processes to
report are clearly outlined in your contract. Set up a
contract register or reporting system, with reminders,
to ensure timely reporting against the delivery
schedule to meet your contractual obligations
The QED Group
12. THE CONTRACTS REGISTER
The ML should maintain a contracts register (ML Accred. Standard 4.1.1)
that records and contains details of all contracts and contracted entities. It
is recommended that your contract register should at a minimum assign:
•
An authorised individual or work group to manage the register
•
System controls to limit unauthorised persons from accessing,
amending and/or altering contract details
•
Identification of each contract manager
•
Identification and details of the contractor (and where appropriate
subcontractors)
•
Attachment of copies or links to copies of the contracts
The QED Group
13. THE CONTRACTS REGISTER
•
Contract performance reporting schedules
•
Contract risk management and performance tasks
•
Confirmations (attach or link to evidence) of credentialing and recredentialing, certificates of insurance confirmation, accreditation and
other key contract terms and conditions
•
Reminders and reporting functions (if automated)
•
All original contract copies should be centrally filed within the
organisation under control of the contract manager (copies retained by
authorised staff)
•
Scan and attach copies of each contract with your contracts register
(provides risk management backup, ease of access to review and
confirmation)
The QED Group
14. WHAT CONTRACT MANAGEMENT MEANS
Contract Management involves the management of contracts with third
parties, including suppliers, funders, partners, customers and employees
throughout all steps of the contracting and procurement lifecycle. The
contract manager is responsible for:
•
•
•
•
•
•
•
•
Authoring (drafting) the contract
Negotiating the terms and conditions of the contract
Obtaining approval for the contract to be awarded
Execution of the contract
Ensuring compliance with terms and conditions of the contract
Authorising any variations or amendments to the contract during
implementation or execution
Managing the contract documentation (contract register, filing, required
certificates/documents etc.)
Audit and Reporting on contract performance
The QED Group
15. WHAT YOUR CONTRACT SHOULD INCLUDE
•
Contract Particulars – details representatives, term of contract, start
and end date.
•
Formal instrument may list what is included in the contract and the
execution page noting execution is in accordance with the delegation of
authority
•
Schedule for Scope of Services/ Goods (can include performance
assessment and KPIs or have the performance assessment in a
separate schedule
•
Schedule for Technical Specification
•
Schedule of Fees
•
Schedule Of Deliverables
•
Schedule for Specific ML Policies/ Procedures
•
Schedule for negotiated terms & conditions
•
General condition of contract for the specific contract.
The QED Group
16. WHAT IS AN MOU
•
An MoU is generally considered „an agreement to agree‟ or an
agreement to enter into a more specific and comprehensive contract or
agreement at a later time after further negotiations.
•
An MoU will typically establish a framework for the collaboration
between the organisations and express the common goals or vision of
the parties to the MoU. In general, an MOU will not deal with the specific
details of particular projects. An MOU is therefore usually more of a
'high level' agreement.
The QED Group
17. APPROPRIATE USE OF AN MOU
•
When organisations wish to work together and/or share information
with each other, allowing each to make the most of the other's specialist
skills or knowledge.
•
When there is a need for a formal agreement to clarify the parties
intention of working together,
•
When one or more of the parties are not legal entities
•
When the agreement is not intended to be legally binding or enforceable
(MoUs are generally intended to have an administrative and not legal
affect)
•
As a preliminary agreement between parties to work toward (and prior
to entering) a formal contractual relationship
The QED Group
18. IN APPROPRIATE USE OF MOU
•
Where intellectual property is involved and an agreement is required on
the ownership and rights to the use the property
•
Confidential Information needs to be protected
•
Privacy or personal information needs to be protected under the
Commonwealth Privacy Act (1998)
•
Clinical safety, Work, Health and Safety and other legislative
responsibilities must be complied with
•
Offer and acceptance of consideration is involved
The QED Group
19. USE OF MOU
MoU‟s should include:
•
Particulars of the ML/ organisations or persons entering into the MOU;
•
Objectives of the arrangement and goals or expected benefits;
•
Agreed actions, services areas of support;
•
Strategies and mechanisms for dealing with common issues;
•
The term of the MoU (an agreed start and review date);
•
The agreed roles of each ML/ organisation;
•
The naming of a position in each ML/ organisation as a central point of
contact for the MOU; and
•
A communication plan or dispute resolution statement.
The QED Group
20. USE OF MOU
•
MoUs should not include provisions such as indemnities, liabilities and
warranties that purport to have legal effect.
•
To help avoid any uncertainty about whether a MOU is legally binding,
your ML should make sure the MoU contains a specific statement to the
effect that it is or is not intended to create legally binding.
•
If your ML wants to enter into an arrangement that is legally binding on
the other party, an MoU is typically not a suitable arrangement. Your ML
should consider entering into a contract with the other party.
The QED Group
21. DEED VS SIMPLE CONTRACTS
DEED
CONSIDERATION
CONTRACT
X
X
OFFER AND ACCEPTANCE
X
X
INTENT TO BE LEGALLY BINDING
X
IN WRITING
X
WITNESSED BY AT LEAST ONE PARTY WHO IS NOT PARTY TO THE DEED
X
EXPRESSED TO BE A DEED
X
DELIVERED TO THE OTHER PARTY/S
X
EVIDENCE TO SUPPORT THE PARTIES INTENT TO EXECUTE THE DOCUMENT AS A DEED AND BE LEGALLY
BOUND BY IT
X
X
MINIMUM 12 YEAR LIMITATION PERIOD TO ENFORCE THE AGREEMENT *
SIX YEAR LIMITATION PERIOD FOR ENFORCEMENT OF BREACH OF CONTRACT
X
When the existence of consideration is in doubt, a deed may be the
preferable option as it remains enforceable without the existence of
consideration.
The QED Group
22. FOR MORE INFORMATION
•
Thanks for attending, if you would like more information please contact:
•
02 9925 4022
•
Email: info@kwelasolutions.com
The QED Group