CONTRACT AND COMMERCIAL MANAGEMENT PRACTITIONER

Transcription

1 CONTRACT AND COMMERCIAL MANAGEMENT PRACTITIONER

2 Expert Trainer Jim Bergman With extensive contracting and negotiation experience in supply management and strategic sourcing, as well as sales, Jim Bergman serves as Vice President of APAC/Middle East for IACCM and is focused on the effective implementation and execution of leading contracting practices set forth by IACCM. Previously, Mr. Bergman was a contracts attorney for a Fortune 500 petrochemical corporation, Amoco Corporation, and was responsible for legal and negotiations support to the procurement staff. He supported multiple locations globally, where he addressed strategic sourcing and legal issues concerning commodities and services valued at more than $1 billion annually. Mr. Bergman s experience encompasses developing, negotiating and managing contracts for a wide array of projects with multiple clients. He has extensive background in the negotiation and sourcing of hardware, software, system integrators, telecommunication networks, printers, as well as office furniture, equipment, supplies, MRO, process chemicals, engineered equipment, fleet, dispensers, packaging, scaffolding, insulation, insurance products, environmental remediation, waste services, janitorial, landscaping, security services, logistics services, warehousing, and engineering and construction services, plus leasing and outsourcing. Across his wide array of commodity experiences, he has been extensively involved in establishing many customersupplier relationships founded on strategic sourcing, supply chain management, performance metrics and measures, as well as Total Cost of Ownership principles, and has served as editor for publications focusing on the successes associated in such relationships. He has also led in developing and delivering both public and internal training programs. As a strategic management consultant, Jim has assisted numerous clients through all phases and steps of contracting, negotiation, strategic sourcing and bidding processes, and contract management processes, demonstrating savings in excess of $100 million. Jim has also served as a seminar instructor in many topics regarding sourcing, contracting, outsourcing, law and negotiations. His audiences and clients have included attorneys, plus financial, operational and sourcing professionals from multinational corporations and the public sector, including BP, Delphi Automotive, DuPont, FedEx, General Motors, Intuit, Johnson & Johnson, Lam Research, Makro, Maxis, Merck, Monsanto, Petronas, Shell, the State of California, the State of Florida, the State of Texas, Sun Life of Canada, Warburg Dillon Read/Union Bank of Switzerland, WalMart, Wellpoint, and the Workers Comp Board of British Columbia. Jim holds a Law Degree, an MBA, a Bachelor of Arts and a Master of Arts degree. In addition, he is licensed to practice law in Illinois, Texas and Oklahoma, as well as various US federal courts. 2

3 Expert Trainer Martin Chalkley Martin has 15 years experience in supplier management and sourcing strategy, having started his career specialising in Business Demand Management for a global engineering company in the oil refinery / pharmaceuticals sector. Martin joined the IACCM team in March 2011, serves as an IACCM learning and certification coach, is co-author of the IACCM s supplier relationship management program and learning content lead for the Shared Services and Outsourcing Professional program. Martin has wide ranging experience, from supplier relationship management, sourcing strategy development, tender preparation, evaluation and negotiation, commercial management to service delivery and performance management. His main driver is looking at the commercial opportunity available to a company and ensuring that they achieve value for money spent. Martin has worked with clients across many industries including telecommunications, systems integrators, printing and publishing, office equipment and supplies, tax authorities, local, regional and national government, international charities, forestry, environment agencies, research organizations, rail industry, construction. Some examples of Martin s client engagements are: Development and creation of Outline Business Case for a contract renegotiation in an existing outsource relationship, building and analysing all aspects of the outline business case, ensuring specific improvement in value for money could be achieved during contract renegotiation, 200m saving achieved over 5 years. Procurement planning and exit strategy creation, an uncertainty in value for money in a 40m/yr contractual relationship between a government entity and its incumbent systems integrator required Martin to develop a fully costed, activity driven exit strategy from that relationship and also develop the subsequent procurement plan. Shared Services strategy development, from a sourcing and architectural approach, for three London Councils embarking on a radical, ground-breaking programme of change whilst delivering improved value for money for their residents. Development of the sourcing strategy, future operating model and identification of missed commercial opportunity for a UK Government Charity with a global focus, this charity faces significant commercial challenge, however Martin created the strategy for the charity to deliver an increase in the business capacity for revenue generation from its global operations Martin holds a Masters in Research degree, a Bachelor of Science and Warwick Business School s CPD award in Front Line Leadership 3

4 KEY TAKE AWAYS Apply best practices in contracting and contract management Redefine and create greater value to the enterprise Mitigate risk through advanced commercial practices Streamline and build greater effectiveness to the contracting and contract management process Avoid reputation damage through effective contracting LEORON Professional Development Institute is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: WHO SHOULD ATTEND? This highly practical and interactive course has been specifically designed for: Contracting Professionals Contract Negotiators Contract Managers and Administrators Contract Attorneys Contract Drafting Professionals Contract Strategists Procurement Professionals Strategic Sourcing Professionals Supply Chain Management Professionals Commercial Managers Sales Account Managers Commercial Project Managers BENEFITS OF ATTENDING IACCM elearning Resources (12 months access) e-book of the Operational Guide, the core reference work for contract and commercial practitioners Access to insights and tools for a full year Certified candidates become members of IACCM and gain access to global content and advice provided by expert contributors in industry. With members from 151 countries and corporations, IACCM is leading the way in responding to the demands of global networked markets. Our membership is drawn from many industries and is made up of contract and commercial managers, negotiators, attorneys and supply chain professionals. Hundreds of organizations have also established Corporate Memberships, gaining enhanced services that support their performance and understanding of market trends. Through our worldwide presence and networked technology, IACCM members gain access to the thought leadership and practical tools that are essential for competitiveness in today s fiercely contested global markets. We provide insight to the leading-edge contracting and commercial skills, policies, procedures and methods that are fundamental to managing enterprise and individual risks. This insight equips professionals and their leaders to implement best practice governance of contractual commitments and trading relationships. IACCM CERTIFICATION Advance your knowledge, career and standing with the world s most widely recognized professional certification in contract and commercial management. WHY CHOOSE IACCM CERTIFICATION? IACCM Certification demonstrates your achievement of industry-leading standards of professional knowledge, skills and best practice 4

5 COURSE OVERVIEW People desire to advance further through the Contract and Commercial Management discipline, building upon their prior learning. A key benefit of this offering is the additional insights as well as further refinement of existing insights from the CCMA program. This course progresses the learning continuum, relies on the prior content base and tests the learners for their progress. The program also introduces higher level professional standards, and awards the participant with certification to the appropriate standard. LEARNING OUTCOMES Improve the impact of corporate goals and objectives Lead your enterprise to smarter analysis, execution and processes Improve workforce morale through higher levels of investment in skills development Ensure more efficient and effective targeting of learning and development investments EXAMINATION Practical Application: The end of the team work! All delegates will individually sit a two hour exam to demonstrate understanding of the topics and subjects covered during the week. PROGRAM TIMINGS Registration will begin at on Day One. The program will commence at each day and continue until There will be two refreshment breaks and lunch at appropriate intervals. Delivery Type Pre-requisites Level This Program is worth Group Live 2+ years of experience Advanced Training 35 NASBA CPE credits IN-HOUSE If interested to run this course in-house please contact Val Jusufi at or val@leoron.com DISTANCE LEARNING PROG. If interested to run this course with our distance learning program please contact Agron Kurtishi at: or agron.kurtishi@leoron.com PROCUREMENT & CONTRACTS 5

6 Introduction Introductory Module on Commercial Excellence Understand what Commercial Excellence is and why it matters Know the optimum organizational conditions that produce commercial excellence and the steps to achieve them Understand the role that contract and commercial management and you as a professional should play in supporting the delivery of commercial excellence in your organization Personal / Inter-Personal Skills Leadership and Becoming a Trusted Advisor Be able to describe leadership and influencing behaviors in the context of contract and commercial management. You will also understand the different roles we can choose to adopt, when interacting with internal or external clients and suppliers, and which roles to strive for. You will understand how to motivate yourself and motivate others. And you will gain an awareness of some tools available to you to improve trust in your client and supplier relationships. Negotiating Understand how to achieve maximum value from negotiations and the contracts that you implement Understand what the best organizations do differently to get demonstrable superior results. Understand how planning and preparation improves results» Recognize that negotiation continues after contract signature Understand that the people involved are key to successful negotiations Customer Relationship Management (CRM) The fundamental structure of key customer/supplier relationships; Assessments for changing the relationship structure, based on potential value versus the associated cost and risk; An approach for enhancing key customer relationship management in your organization; and The benefits of CRM Systems Supplier Relationship Management (SRM) When and where SRM is appropriate and important; The value of enhanced Supplier Relationship Management; Industry best practices and lessons learned and options regarding tools which have enabled effective Supplier Relationship Management. Cross Cultural Relationships in Trading Relationships Understand the importance of intercultural awareness and the key role it plays in cross-cultural communication. Appreciate and manage cultural differences, expectations and opportunities between suppliers and customers during negotiations. Manage and integrate techniques that develop trust within cross-cultural teams for effective negotiation and relationship management. Interactive Case Study: Negotiation Preparing for the negotiation; Handling the negotiation; Understanding the different negotiation styles and choosing which to use; Getting the assertiveness/cooperativeness balance right; Running an efficient negotiation; Dealing with power and authority issues; and Relationship forming. Business Acumen Top 10 Pitfalls to Avoid in Contracting The top causes of value erosion in contracts The top ten pitfalls of contract management Suggested actions to take for each of the pitfalls The benefits and challenges of collaborative, outcome-based contracts Your own priorities for action Communication, Visualization and Design Understand the basic design principles of effective contracts, and how to apply them Be familiar with the latest thinking of contract visualization techniques, and how they help clarity and understanding Know the techniques that will enable effective communication of contract requirements to all stakeholders. Benchmarking: 1 Understand why benchmarking matters, and become an advocate for benchmarking where appropriate to drive positive change Identify the three key areas of benchmarking and their respective benefits Understand the process that needs to be followed to complete a successful benchmarking project Know how to present the outcomes from a project in order to gain buy-in to your business recommendations Benchmarking: 2 Understand why benchmarking matters, and become an advocate for benchmarking where appropriate to drive positive change Identify the three key areas of benchmarking and their respective benefits Understand the process that needs to be followed to complete a successful benchmarking project Know how to present the outcomes from a project in order to gain buy-in to your business recommendations Simplification of Contracts and Processes, including Streamlining Contracting Understand why optimal simplification matters See the importance of being a champion of users Be aware of the root causes of complexity Understand simplification of contracts Understand simplification of the contracting process Be able to define your simplification goals and priorities Government Contracting/Public Procurement The trends that require new skills, contracting and relationship models How to embed cultural alignment into bidding and contracting The key considerations on acceptable levels of supplier profitability 6

7 The pro s and con s of centralization vs. decentralization of contracts Relative success of approaches taken by international banks and agencies Why focusing on the what rather than the how can deliver better value outcomes Advanced Financial Considerations Appreciate some of the more complex financial situations a contracts team may encounter Understand what Total Cost of Ownership and Best Value are Have an understanding of total cost of ownership and best value models You will also be clear about why companies buy and sell based on best value and how to do that You will understand the role played by, and constraints imposed by, revenue recognition, and the invoicing and contract drivers for this You will have an appreciation of the need for margin improvement and some suggested ways of achieving this The module will give you an awareness of how to accelerate cash in the supply chain You will gain an overview of new services pricing, and You will consider some aspects of forecasting and some of the potential pitfalls and solutions in the forecasting process Third Party Channels Provide a deep understanding of both the business side and contracts/legal side of selecting a route to market strategy and then working with the partners How to provide the contracts and commercial oversight and leadership for third party channel activities Options available and their reach Strengths and Weakness in each Ethics, Compliance and Sustainability Understand what is sustainability and its role in ensuring compliance Develop the business case for sustainability Integrate sustainability in contracts and monitor the practices of business partners to avoid risk Interactive Case Study: Workgroup Analysis The interactive case study addresses three key topics. The topics are those which IACCM research shows are the top three reasons for value leakage, issues and disputes and poor contracting outcomes. Taking positive action to manage these issues, to have a major impact on contracting success. The case study considers each of the three topics and answers the following questions, based on IACCM research findings: 1. Why does this happen? 2. What impacts does it have on performance? 3. How might it be addressed or handled better? Technical Managing and Mitigating Cost and Risk Understand a definition of risk and it s key elements Understand and develop behaviors and skills leading to better outcomes Be familiar with and able to use tools and techniques of risk management Understand the most frequent risk factors Understand the balance between impact and likelihood d Consider risk appetite and culture International Trading Raise your awareness of factors relevant to international trading and cross-cultural relationships Help you to understand leading practices in commercial management in an international and cross-cultural context; and to Assist you with increasing the knowledge of these challenges, issues and best practices in your organization Intellectual Property Understand what intellectual property is and how to optimize return on investment Avoid falling into moral and legal pitfalls arising from breach of rights of other owners of intellectual property Have confidence in negotiating contract terms on intellectual property Relational and Outcome-based Contracting The link between outcome / performance based contracting and relational contracting Benefits achieved through relational contracting The barriers to and enablers of collaboration How to create trust in a collaborative relationship The challenges of using outcome-based contracts The typical elements of an outcome-based contract Governance and Standards Explain the role of governance and standards in helping to meet contract and commercial management objectives throughout the contract management lifecycle Understand the difference between an old world and new world view of governance and standards, and be able to apply new world thinking and approaches Apply governance and standards to deliver better contracting outcomes Understand how to apply higher quality measures to the standards used and implement improvement actions Reach an awareness of the need for controlled variability in enabling intelligent contracting at the point of need, and understand the key principles for its implementation Outsourcing Strategies and Tools The different types of outsourcing How those differences impact the issues, Risks or areas for focus. Explore factors that are important to success or failure, Lessons learned from past projects. Competition and Anti-Trust What competition/antitrust law is Its purpose and penalties The most common pitfalls and how to avoid them Do s and don ts, to avoid falling foul of the rules Drafting Operational Terms Which parts of the contract comprise the operational terms, and their importance in contracting success Scopes/Statements of Work 7

8 Service Level Agreements Key Performance Indicators Other key contractual documents and terms The role of the Contract/Commercial Manager in drafting and reviewing operational terms and documents The key principles of drafting operational terms: clarity, understanding, prioritization, ease of use, behavioral impact, measures and terms leading to successful outcomes Change control and authorization Governance terms Industries and Contract Types The range of industries and sectors and the different contract models used, from products to services, from public to private sectors From commodity to complex services, The associated contract types Key characteristics of each Key pitfalls and approaches to tackle them Agile Contracting and Managing Change Agile contracting within fast changing environments Key principles of agile contracting and change: speed vs. risk Key factors for successful change: people, process, technology Managing change successfully Communications and go-live Creating a Contract Management Plan Creating a Contract Management Plan that will enable you to maintain and improve business outcomes throughout the life of the contract Knowing how to use the plan to maintain and improve value Becoming confident in using the Contract Management Plan to effectively manage risk Using Technology to Become More Effective Good practice in the use of technology today? Awareness of how technology might be used to support contract and commercial management excellence in the future Appreciate what impact broader technological development may have on contracting and commercial practices Interactive Case Study: Using Technology to Become More Effective What went wrong, and why? What lessons can we learn? We ll then reveal IACCM s view on the answers to the questions and give you the opportunity to draw your own conclusions and learning points from the case study. CCM LEVELS Associate (CCMA) is open to anyone working in a contracts / commercial management role who can demonstrate the appropriate skills and knowledge. Practitioner (CCMP) is for those who can demonstrate the required skills and knowledge, and have a minimum of two years experience in the field. Expert (CCME) requires a minimum of seven years experience in a management or senior specialist role, and a more extensive assessment and peer review. Fellow (FCCM) represents outstanding experience and career performance, and a record of contribution to the profession and its development. Peer interview and confirmation by the IACCM Board. TESTIMONIALS I really appreciated the entire IACCM Training Program. The structure and the content of the program are very well designed and I found it very useful and relevant. Above all it really feels that the IACCM knows exactly what CCM is all about. JAROSLAW LACKI, Senior Commercial Contracts Manager, Ericsson Poland I was very satisfied with the program and felt strongly that the materials were extremely beneficial to my role as a Contract Consultant. CHRISTOPHER J. LAGOE I CONTRACT CONSULTANT, Law and Risk Management Division, Kelly Services The experience was truly enjoyable and I was very thankful that it was at my pace so that I could still keep up with my regular job and family! I found the certification exam to be enormously beneficial and can see how it will improve my day to day skills going forward. IRENE RIVERA, Accenture, Contract Management 8

9 CONTRACT AND COMMERCIAL MANAGEMENT PRACTITIONER registration form Date: April 10-14, 2016 COURSE DETAILS Location: Jeddah, KSA DELEGATE DETAILS Name: Job Title: Tel: Mob: Name: Job Title: Tel: Mob: Name: Job Title: Tel: Mob: Company: Post Code: Tel: COMPANY DETAILS Address: Country: Fax: BOOK EARLY SAVE US$ 400 SAVINGS & DISCOUNTS Register 2 months before Register 1 month before EARLY BIRD DISCOUNTS 4 EASY WAYS TO REGISTER register@leoron.com US$ 3990 US$ 4190 Final Price US$ 4390 GROUP DISCOUNTS 3-4 Delegates 20% 5 Delegates 25% *please note that all group discount are given on the final price PAY BY CREDIT CARD PAY BY INVOICE TERMS & CONDITIONS 1. Payment Terms 100% payment of the full amount upon receipt of the invoice. The Withholding Tax and other transfer related charges should be covered by the payer 2. Cancellation Policy i. All cancellations must be done in writing. ii. Full refund for cancellations will only be paid to a maximum of one week from the invoice date. iii. 50% refund for cancellations will only be paid to a maximum of two weeks from the invoice date. iv. No refund for cancellations done after 2 weeks from the invoice date. Substitute is always welcomed; if not possible a credit will be given which can be used for any of LEORON PDI up to 1 year. 3. Force Majeure: If the event is postponed, canceled or abandoned by reason of war, fire, storm, explosion, national emergency, labor dispute, strike, lock-out, civil, disturbance, actual or threatened violence by any terrorist group, or any other cause not within the control of our organization, we shall be under no liability to Company for non-performance or delay in performance of obligations under this contract or otherwise in respect of any actions, claims, losses (including consequential losses) costs or expenses whatsoever which may be brought against or suffered or incurred by Company, as the result of the happening of any such events. 4. Complaint and Refund: For more information regarding administrative policies such as complaint and refund, please contact Val Jusufi, Managing Director at: Tel: , Fax: , val@leoron.com 5. Governing Law: This contract shall be governed by and construed in accordance with the Laws and Regulations of DMCCA. I have read and agreed to the following terms and conditions Signature: