CONTRACT NEGOTIATION: SKILLS AND TECHNIQUES

CONTRACT NEGOTIATION: SKILLS AND TECHNIQUES

INTRODUCTION :
In many occasions, project managers or the end users usually care less on how the contract will be structured and written. Project managers or the end users tend to forward the contract management process to the procurement, legal & contract department since they assume that such process relates to procurement and/or legal/contractual matters. However, the contract management process is not only a simple contract writing process but it involves a bigger picture of the process. The project managers and/or the end users participation in that process determines whether the entire contract management process is a success. As the executor of the project & user of certain services, project managers and/or end users are highly recommended to participate in the contract management process starting from the beginning of the contract development & bidding process up to the negotiation process, contract execution and close out. This way all requirements related to the project will be well covered in the contract and there will be no flaws that may create disputes at present or in the future. One thing to remember is that project managers & end users are the persons responsible to run and manage the contract for the entire period of the project. Therefore project leaders & end users are recommended to understand about the contract and its financial & legal implications in addition to the scope of work and financing management.

TRAINING MATERIAL OUTLINE :
1. Supply Chain Management
a. What is Supply Chain Management
b. Who are involved in the Supply Chain Management
c. Relationship between Supply Chain Management and Contract Management
d. Prevailing Regulation

2. Procurement Process – Stage 1
a. Planning and Budgeting
b. The existence of Bid Committee
c. Determining the Procurement Process : Direct Appointment, Direct Selection, Tender/Bidding
d. Pre-Qualification Process: Selection of Vendors/ Bidders

3. Procurement Process – Stage 2
a. Preparing the bid package
b. Elucidation Meetings
c. Evaluation of Bids

4. Letters of Intent
a. Award Notification
b. Major issues in Letter of Intents
c. Letter of Intent vs Letter of Award
d. Is Letter of Intent binding ?

5. Tender Compliant/Protests
a. Causes for tender compliant/protests
b. Legal/contractual implication

6. Contract Management
a. What is Contract Management
b. Difference between agreement and contract
c. What is a contract

7. Types of Contract
a. Unilateral contracts
b. Bilateral contracts
c. Multilateral contracts

8. Pre-Contract process
a. Offer
b. Contractual Negotiation
c. Acceptance
d. Agreement

9. Provisions of a Contract
a. Subjects of a contract
b. Contract Term : commencement and expiration date
c. Termination provisions
d. Technical provisions: People and Equipment
e. Commercial provisions : terms of payment
f. Liability provisions
g. Warranty provisions
h. Force Majeure
i. Liquidated Damages
j. Penalty clause
k. Amendment/Addendum /Variation of Contract
l. Assignment provisions
m. Governing Law
n. Dispute Resolution : amicable, mediation, arbitration, or court

10. Legal Advices
a. Who should you ask for Legal Advice
b. Internal Legal Advice
c. External legal advice

11. Contract Execution
a. Time consistency
b. Scope of Work compliance & monitoring
c. Invoicing procedure
d. Cost Control
e. Management of Variation/ Amendment/ Addendum

12. Contract Expiry or Termination
a. Control of the Contract Term
b. Performance based evaluation
c. Cost effective evaluation
d. Contract reference for upcoming future similar project
e. Contract close-out

13. Negotiation Skills and Techniques
a. Types of Negotiation: Positional Negotiation and Interest-Based Negotiation
b. Basic Rules of Negotiations
c. How to represent your company in a negotiation process
d. Determining your objectives in a negotiation
e. Attitude towards negotiation
f. Persuasive attitude
g. Bargaining Position
h. Technical Negotiation
i. Commercial Negotiation
j. Legal/Contractual Negotiation
k. Effective negotiation process: Who should attend, what are being negotiated and the aim of negotiation
l. End result of Negotiation: Win-Win Solution, Agreement, Deadlock or Dispute
m. Requirement on management decision

14. Bonds, Penalty & Liquidated Damages
a. Rules of bonds requirement
b. Penalty implementation & negotiation
c. Liquidated damage philosophy

15. Basic International Contract Types
a. Fixed Price
b. Cost Plus Fixed Fee
c. Outsourcing
d. Time and Material
e. Incentive or Award
f. Economic Price Adjustment
g. Engineering Procurement & contraction

16. Class Activities: Negotiation is Fun

Participants are required to participant in class room discussions by reviewing a draft agreement and role play on negotiation process.

WHO SHOULD ATTEND THIS TRAINING?
The program is designed for Engineering, Operational, Maintenance, Purchasing, and Contracts personnel at all levels who are involved in the planning, development, approval, and management or contracts that cover the acquisition of materials, equipment, software, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities

INSTRUCTOR :
Ir. Joko Margono, MBA. And Team

VENUE :
Hotel Golden Flower Bandung

TRAINING DURATION :
3 days

TRAINING TIME :
18 – 20 October 2010

INVESTATION PRICE/PERSON :
1. Rp 5.250.000/person (full fare) or
2. Rp 5.000.000/person (early bird, payment before 11 October 2010) or
3. Rp 4.750.000/person (if there are 3 persons or more from the same company)

FACILITIES FOR PARTICIPANTS:

1. Training Module
2. Training CD Contains Training Material
3. Certificate
4. Stationeries: NoteBook and Ballpoint
5. Jacket or Waistcoat or T-Shirt
6. Bag or Backpackers
7. Training Photo
8. Training Room with Full AC Facilities and multimedia
9. Once lunch and twice coffeebreak every day of training
10. Qualified and experienced instructor
11. Transportation for participants from hotel of participants to/from venue of training(if minimal number of participants from one company is 4 persons)

INSTRUKTUR TRAINING
Ir. Joko Margono, MBA. graduated from Bachelor Degree of Civil Engineering, Surabaya Technology Institute. During his career as a head inspectorate at several companies in Indonesia, he also earns his Business Master Degree of Belgium University. In additional his experiences, he lead various courses such as Supply Chain Management, Logistic & material Management, The Art & Power of negotiation, team Building, Problem Solving & Decision Making, Owner Estimate Analysis and many others. Active as a leader, he is also actives as American Railway Engineering and Maintenance of Way Association and as a Chairman Representative Information Centre West Java of Forum on Good Corporate Governance Indonesia (FCGI).