Advanced Certificate in Strategic Sourcing & Contract Management

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
  • Relationship building
  • Setting Targets, timelines and periodic review
 
Defining expectations
  • Project Manager – Outsourcing contracts
  • Role definition and responsibilities
  • Features of Contract Management
  • Contract Management Process
  • Contract Administration
  • 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
  • Statement of Works
  • Change Orders
  • Outsourcing Contracts
  • Checklists for IT Outsourcing contracts
  • Services to be performed by the vendor
  • Charges e.g. GST
  • Hardware and software
  • Project managers
  • Employees to be taken by the Vendor
  • Warranties e.g.
  • performance standards
  • Backup and disaster recovery
  • Exclusion of liabilities
  • Turn-back services
  • Indemnity
  • Confidentiality
  • Force majeure
  • Waiver
  • Assignment
  • Entire agreement
  • Governing law
  • Intellectual Property management Issues
  • Patents
  • Trademarks and service marks
  • Confidentiality clauses
  • Copyrights, industrial designs
 
Enforceability: Is the contract enforceable?
  • Offer & Acceptance
  • Invitation to treat e.g. auction and tenders
  • Electronic formation of contract e.g. e-offer or e-acceptance
  • The Enforcement of Bargains
  • Consideration
  • The requirement of a benefit/detriment in a contract
  • Rules of consideration in drafting innovative contracts
  • Intention to Create Legal Relations
  • Capacity to contract
  • Minors
  • Companies
  • Mentally ill persons
  • The Contracts (Rights of Third Parties) Act
 
An Effective Contract Manager’s Essential Negotiation skills
  • Clarifying objectives & goals
  • Bargaining tools
  • Compromising with out losing out
  • PIOC Harvard Techniques
  • Tips for a Successful Negotiation
  • The Contents of Contract – how to manage?
  • Standard form contracts
  • Conditions and Warranties
  • Complex Terms
  • The Suisse Atlantique case
  • Identifying fundamental terms and minor terms
  • Recognising the practical significance of this distinction as remedies vary
  • Express & Implied Terms
  • Parol Evidence Rule
  • 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
  • Files and records
  • Defensive record-keeping for evidential purposes
  • Version controls and software
  • Document sharing and security
  • Vitiating Factors in a Contract
  • Mistake
  • Non-est factum
  • Fundamental mistake about the contractual document
  • Misrepresentation
  • 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
  • Remedies available
  • What is rescission ?
  • Damages under the Misrepresentation Act
  • Restitution, indemnity and damages at Common Law
  • Duress to person and property
  • Illegitimate pressure
  • Voidable contracts
  • Undue Influence
  • Voidable contracts
  • Illegality
  • Presumption
  • Void contracts at common law
  • Contract in restraint of trades
  • Illegal contracts
  • Termination of contracts
 
Discharge of contracts
  • By performance
  • By agreement
  • By frustration
  • Effects of frustration under the Frustrated Contracts Act
  • Money paid or payable
  • Legal impossibility
  • Physical impossibility
  • Impossibility of purpose
  • By repudiatory breach
  • Self-induced frustration
  • Construction of the Contract
  • Express provision
  • Hardship clauses or intervener clauses
  • Force majeure
  • Remedies for the Breach of contract
  • Assessment of damages – the compensatory aim
  • Obtaining injunctions
  • Liquidated damages
  • Penalty clauses
  • The remoteness of damage under the rule in Hadley v Baxendale
  • Speculative damages
  • Mitigation of damages
  • Specific performance
  • Quantum Meruit (for the work done)
  • Enforcement Methods
  • Identifying and evaluating the various strategies in dispute resolution
  • Litigation, arbitration and mediation, mini-trials
  • Ways to structure efficient dispute resolution clause