NAME OF THE COURSE |
Advanced Certificate in Strategic Sourcing & Contract Management |
|
CERTIFICATION |
Advanced Certificate in Strategic Sourcing & Contract Management |
|
COURSE OVERVIEW |
Strategic sourcing refers to the process of identifying the spend profile of an organization and its supplier base to ensure their business requirements are aligned with the suppliers. |
The boom in the adoption of strategic sourcing implies that almost everyone has heard of it. However, being a term that encompasses a large number of sub-concepts, understanding strategic sourcing might get complex. Hence, this article attempts to cover what constitutes strategic sourcing, how it differs from tactical sourcing, and its driving forces and processes. |
|
TRAINING DURATION |
Training Hours per day : 4-6 Hours |
Total Training Hours : 20-24 Hours |
Training Duration : 5 Days |
Total Training Days : 5-10 Working Days |
|
TRAINING SCHEDULE |
Weekdays (Sunday to Thursday) |
Regular Sessions : 4 – 6 Hrs Per day (9am to 2pm or 3.00pm to 9.00 pm) |
Food & refreshments Included |
Weekends (Friday & Saturday) |
Fast Track Sessions: 8 Hours per day (9am to 5pm) |
Food & refreshments Included |
|
CERTIFICATION |
Globally recognized certificate from “Kings Global Career Academy” |
|
TEST |
No |
|
LEARNING AIDS |
Yes |
|
COURSE MATERIAL |
Hard & Soft Copies of Study Material |
|
LANGUAGE OF INSTRUCTION |
English |
|
INSTRUCTOR HELPLINE |
Yes |
1. Email |
2. Social Media (For Emergency requirements) |
|
REGISTRATION REQUIREMENTS |
1. Passport Copy |
2. Curriculum Vitae |
3. Passport size photographs |
4. Course Fee |
|
MODE OF PAYMENT |
Cash / Cheque / Credit Card / Bank Transfer. |
|
ELIGIBILITY |
Managers, executives, officers and specialists in Purchasing, Procurement, Supply-chain Management, Sub-contracting, Material, Internal Auditors, AVL Assessors, Project & Contract whose functions and responsibilities are involved in the planning, organising, negotiating and control of purchasing activities. |
|
COURSE BENEFITS |
- Understand how contract management adds value to your organisation
|
- Learn the stages of the contract management process
|
- Understand the role and responsibilities of a contract manager
|
- Apply tools and techniques used in contract management
|
- Discover the link between contract management and supplier relationship management
|
- Recognise the importance of buyer-supplier relationships
|
|
COURSE CONTENTS |
|
Drafting skills |
- Formalities, structure and format
|
- Drafting with or without precedents
|
- Commencing the contractual process
|
|
- Setting Targets, timelines and periodic review
|
|
Defining expectations |
- Project Manager – Outsourcing contracts
|
- Role definition and responsibilities
|
- Features of Contract Management
|
- Contract Management Process
|
|
- Negotiating and Managing Performance through Service Level
|
|
Agreements |
- Identify issues to be managed
|
- Establish an effective team
|
- Lists of services and deliverables expected
|
- Importance of having a well-constructed SLA
|
|
Evaluating and managing contractor performance |
Developing, implementing and measuring Key Performance |
|
- Indicators to monitor the quality of service
|
- Drive business value to meet the company’s goals
|
|
|
|
- Checklists for IT Outsourcing contracts
|
- Services to be performed by the vendor
|
|
|
|
- Employees to be taken by the Vendor
|
- Warranties e.g.
- performance standards
|
- Backup and disaster recovery
|
|
|
|
|
|
|
|
|
|
- Intellectual Property management Issues
|
|
- Trademarks and service marks
|
|
- Copyrights, industrial designs
|
|
Enforceability: Is the contract enforceable? |
|
- Invitation to treat e.g. auction and tenders
|
- Electronic formation of contract e.g. e-offer or e-acceptance
|
- The Enforcement of Bargains
|
|
- The requirement of a benefit/detriment in a contract
|
- Rules of consideration in drafting innovative contracts
|
- Intention to Create Legal Relations
|
|
|
|
|
- The Contracts (Rights of Third Parties) Act
|
|
An Effective Contract Manager’s Essential Negotiation skills |
- Clarifying objectives & goals
|
|
- Compromising with out losing out
|
|
- Tips for a Successful Negotiation
|
- The Contents of Contract – how to manage?
|
|
- Conditions and Warranties
|
|
- The Suisse Atlantique case
|
- Identifying fundamental terms and minor terms
|
- Recognising the practical significance of this distinction as remedies vary
|
|
|
- Unconscionable bargains and unreasonable terms of the contract
|
The incorporation of terms |
– Implication by custom |
– Implication by fact |
– Implication by law |
Interpretation of Terms |
– From literal to contextual interpretation |
– Inadmissible evidence |
Exclusion Clauses |
– Contra pro-referendum rule |
– Exceptions of negligence liability under the Unfair Contract Terms Act |
– The enforcement mechanism under Statutory restrictions |
|
Managing Contract Performance |
- Variations to the existing contract – Negotiating variations and potential legal pitfalls
|
- Extensions and renewals – effective use of extension and renewal clauses – best practices with regard to notices
|
- Completion of works and original expectations – reviewing contract specifications and matching with performance
|
- Withdrawing from the contract – understanding the legalities of wrongful withdrawal
|
- Termination and post-termination actions
|
- The Effective Use of Service Level Agreements
|
- Measuring performance levels
|
- Key Performance Indicators
|
- SLA and the substantive Contract between the parties
|
- Penalties, Charges, Earn back points and Invoice Adjustments
|
- Contract Review and Meetings
|
- Identifying performance issues
|
- Constructing an Agenda for a meeting
|
- Setting out specific roles for participants in the meeting
|
- Anticipating the positions and expectations of the other party
|
- Managing the meeting process
|
- Managing Contract Documentation
|
|
- Defensive record-keeping for evidential purposes
|
- Version controls and software
|
- Document sharing and security
|
- Vitiating Factors in a Contract
|
|
|
- Fundamental mistake about the contractual document
|
|
- Identifying representations from terms of the contract
|
- Identifying actionable statements and omissions
|
- Silence (non-disclosure) to constitute misrepresentation
|
- The three types of fraudulent, negligent and innocent misrepresentation
|
- Consequences of misrepresentation
|
|
|
- Damages under the Misrepresentation Act
|
- Restitution, indemnity and damages at Common Law
|
- Duress to person and property
|
|
|
|
|
|
|
- Void contracts at common law
|
- Contract in restraint of trades
|
|
|
|
Discharge of contracts |
|
|
|
- Effects of frustration under the Frustrated Contracts Act
|
|
|
|
|
|
|
- Construction of the Contract
|
|
- Hardship clauses or intervener clauses
|
|
- Remedies for the Breach of contract
|
- Assessment of damages – the compensatory aim
|
|
|
|
- The remoteness of damage under the rule in Hadley v Baxendale
|
|
|
|
- Quantum Meruit (for the work done)
|
|
- Identifying and evaluating the various strategies in dispute resolution
|
- Litigation, arbitration and mediation, mini-trials
|
- Ways to structure efficient dispute resolution clause
|