Starting with the fundamentals of disputes and disagreements, moving on to managing claims, then the various methods of alternate dispute resolution and finally the process of closing procurement along with a checklist and protocol upon termination of contract

1. claims, settlement
& closing
01
claims and disputes
understanding claims and disputes
in procurement arrangements
03
dispute resolution
different options available, their
characteristics and process
02
claims management
managing through traceability and
contracts terms
04
closing procurement
checklist for closing procurement,
activities and termination process

2. claims
disputes
disagreement
parties fail to reach an agreement
over claims
claims
failure to get agreement of the
other party
difference
parties have different sets of
perspectives
disputes
failure of both parties to stay on
the same page
default
violation of any contractual term
by either party

3. managing
claims
01 reference logs
parameters
• Change log
• Issue log
02 contract terms
arrangement
• BOQ (Bill of Quantities) or
• BOM (Bill of Materials)
• Change terms
• Price variation terms
• Delivery conditions

4. managing
claims
inspection notes
can point deviation or variance in
actual from planned and ordered
minutes of meeting
commitments from both parties
during official meetings
process documents
documented processes to be
utilized as submitted by supplier
test reports
test reports of the material and
product for grade or performance
pro-forma invoice
provisional invoices submitted for
milestone payments with details

5. dispute
resolution
types of dispute resolution
• Mutual settlement
• Alternate Dispute Resolution
• Mediation
• Arbitration
• Litigation
• Court
• Tribunal
mentioned in
contract
• type of dispute resolution
• arrangement of process
• applicable tribunal
• applicable jurisdiction

6. mutual
settlement
no third party
does not require involvement of third party
amicable
both parties openly discuss and mutually agree upon a solution
first option
being the quickest and most inexpensive, first explored option

7. alternate
dispute resolution
avoid litigation
given the complications of litigation, primary objective of resorting
to alternate dispute resolution
time and money
ADR is being more efficient on time; it results in direct as well as
indirect cost savings for parties
mediation & arbitration
two different types of ADR, primary difference is one being solved
by wisdom other being regulated by tribunal

8. mediation
proceedings
third party mediator
appointed mutually by both
parties as per agreed criteria
separate meeting
to know the details of each side
and confidential information
combined meeting
to know the level of disagreement
and varying perspectives
solution
solve the situation through a win-
win arrangement between parties

9. third party
arbitration
third party arbitrator/s
appointed mutually by both
parties as per agreed criteria or,
each party appoints one arbitrator
and both arbitrators mutually
appoint a third arbitrator
proceedings
conducted at mutual third-party
venue
as per the international tribunal
representation
equal representation of both
parties with prior agreed upon
number of participants
must have first-hand account of
the situation
expensive
with the arrangement and
resource requirement, most
expensive ADR option

10. litigation
avenues
civil suit
usually business disputes fall under civil suits
criminal suit
business disputes involving harm to life or fraud
recovery tribunal
certain claims pertaining to recovery of advances

11. closing
procurement
inspection
ensure that the goods or services
are of required quality
claims
insurance claims or any other
claims pertaining to this supply
payment of dues
all payment milestones are met,
and other balances are settled
inspection release
issue of release note or test
certificate for ‘fit-to-use’
avail warranty
bank guarantee or corporate
guarantee as applicable
completion certificate
issuance of completion certificate
to supplier & involved third parties

12. internal
processes
01 supplier rating
parameters
• Cost
• Quality
• Time
• Coordination
• Facilitation
02 document archival
types
• Update OPAs (Organizational
Process Assets)
• Note EEFs (Enterprise
Environmental Factors)

13. terminating
procurement
types of termination
• Mutual agreement
• Convenience of buyer
• Default
• Time
• Quality
• Payment
mentioned in
contract
• billing terms
• material ownership
• grace period
• transfer or delivery

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product costing and pricing
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ultimate guide to managing procurement by understanding the
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