brian farrington ltd training directory 2010-11

Brian Farrington Ltd

2010

Brian Farrington Ltd Commercial Courses ©Brian Farrington Ltd 2010

Rainford Hall

Crank

St Helens

WA11 7RP

Tel: 01744 20698

Email: [email protected]

Brian Farrington Commercial Courses

©Brian Farrington Ltd 2010

Table of Contents PLANNING THE PROCUREMENT STRATEGY ............................................................ 3

COMMERCIAL ACUMEN FOR NON-PROCUREMENT SPECIALISTS ......................... 5

SUSTAINABLE PROCUREMENT – STRATEGIES AND PRACTICE ............................. 7

ENGAGING WITH VOLUNTARY AND COMMUNITY ORGANISATIONS – THE THIRD SECTOR ............................................................................................................. 9

MANAGING THE PROCUREMENT FUNCTION ......................................................... 11

PROJECT MANAGEMENT AND PROJECT MANAGEMENT METHODOLOGY ......... 13

VFM COLLABORATIVE PROCUREMENT .................................................................. 15

E-PROCUREMENT – A PRACTICAL INSIGHT ........................................................... 17

SUPPLIER RELATIONSHIP MANAGEMENT ............................................................. 19

PROCUREMENT AND ORGANISATIONAL STRATEGIES ......................................... 21

EU PROCUREMENT LEGISLATION ........................................................................... 23

UK PROCUREMENT LEGISLATION ........................................................................... 25

THE LEGAL CONTENT OF AN INVITATION TO TENDER ........................................ 27

CONTRACT LAW – IMPLIED VERSUS EXPRESS OBLIGATIONS ............................. 28 IT SYSTEMS AND SOFTWARE PROCUREMENT ................................................ 29

SPECIFICATION AND QUALITY MANAGEMENT ...................................................... 31

SUPPLIER EVALUATION AND SELECTION TECHNIQUES ...................................... 33

CONSTRUCTING AN EFFECTIVE INVITATION TO TENDER ................................... 35

MANAGING THE TENDER PROCESS ......................................................................... 37

TENDER ANALYSIS SKILLS ....................................................................................... 39

CONTRACT AWARD – KEY CONSIDERATIONS ........................................................ 41

CONTRACT MANAGEMENT SKILLS .......................................................................... 43

POST CONTRACT AWARD CONSIDERATIONS ........................................................ 45 “FOOD” PROCUREMENT ........................................................................................ 47

“CONSTRUCTION” PROCUREMENT .......................................................................... 48

PREPARING FOR PURCHASING MANAGEMENT ..................................................... 49

THE PURCHASING CONTRIBUTION TO LONG-TERM BUSINESS PLANNING ....... 51

ORGANISING TO PROCURE ....................................................................................... 53

PROCUREMENT FRAUD ............................................................................................. 55

TERMINATING CONTRACTS – COMMERCIAL AND LEGAL CONSIDERATIONS ... 57

PROCUREMENT IN LOCAL GOVERNMENT .............................................................. 59

FINANCE FOR NON-FINANCIAL SPECIALISTS ........................................................ 61

MANAGING PARTNERING AGREEMENTS ................................................................ 63

MANAGING CONTRACT DISPUTES ........................................................................... 65

MOBILISING FOR EFFECTIVE CONTRACT DELIVERY ............................................ 67

APPOINTING AND MANAGING EXTERNAL ADVISERS ........................................... 69

WHAT COULD POSSIBLY GO WRONG WITH A PROCUREMENT? .......................... 71

UNDERSTANDING FINANCIAL MODELS .................................................................. 73



Course Information

Title

PLANNING THE PROCUREMENT STRATEGY Reference PS1

Type Core knowledge

Target Audience

Purchasing staff who are responsible for high value purchases and high risk purchases

Duration 1 Day

Purpose Understand the need for planning a procurement strategy at the outset Understand the prime facets of a procurement strategy Understand the format and content of business cases

Content Establishing the need

- defining the commodity group and possible quantity requirement

- specification requirements

- special characteristics of the purchase

- risk issues Understanding current supply arrangements

- historical demand and supply considerations

- profiling the supply market

- the contractual nature of existing requirements

- performance requirements Supply market research and analysis

- purchase research methodologies

- access to market reports

- sources of supply market data

- analysis of the supply market, including quality and environmental considerations

Procurement strategy template

key facets of the template Planning, defining and agreeing preferred procurement strategy, including e-procurement considerations

- authorisation of strategy

- impact of Gateway review

- impact of e-procurement

- reverse auctions Traditional contracting or partnering

- the strengths and weaknesses of traditional contracting

- the strengths and weaknesses of partnering

- how Partnering Boards operate

- agreeing long-term service innovation and continuous improvement Outline Business Case

- current cost base

- implementation costs

- cashable benefits

- client side management

- qualitative benefits

- assumptions



Full Business Case

- strategic fit

- options appraisal

- commercial aspects

- affordability

- achievability Supply positioning Matrix

- strategic security

- strategic critical

- tactical acquisition

- tactical profit Supplier preferencing

- what it is

- the supplier’s profiling of the buying organisation, relationships and drivers

Delivery Style Tutorial discussions, preparing a mock strategy, case study and preparing a strategy template

Course Materials

Notes, suggested template and Certificate of Attendance

Linked Courses

The purchasing contribution to long-term business planning



Course Information

Title

COMMERCIAL ACUMEN FOR NON-PROCUREMENT SPECIALISTS Reference PS2

Type Professional appreciation

Target Audience

All non-procurement specialists who require commercial acumen within their role

Duration 2 Days

Purpose Explain the commercial considerations when procuring goods and services Understand the issues around pricing decisions and relevance of costs Explain the relevance of contractual clauses to commercial judgments

Content Price and cost considerations

- the range of pricing strategies

- exposing cost drivers

- clarifying price differentials at the tender stage Supplier’s cash flow

- the cost of money

- milestone payments and valuations

- payments discounts Supplier’s pricing decisions

- absorption costing

- knowing the buying organisation

- pricing for contingency Dealing with contingency

- exposing contingency provision

- creating the contingency fund and methods for accessing such a fund

- risk profiling Gainshare/Painshare agreements

- gainshare agreements

- the provision for damages

- involving the supply chain Conducting due diligence

- financial

- operational

- supply chain

- past track record Negotiation skills

- when to negotiate

- the impact of standing orders and EU procurement directives

- developing the skill of negotiation Managing contract change

- assessing price changes

- assessing impact on project programme Performance Bonds

- the types of bonds

- the wording of bonds Parent Company Guarantees

- assessing the parent company

- risk provision



Imposing Damages for contract non-performance

- liquidated damages

- unliquidated (consequential loss) damages

- Key contract clauses

- sample clauses including Escrow, Change of Law and change of ownership

Right of Audit clauses

- the content of the clause

- applying the right of audit in practice

- dealing with the findings Supplier visits

- organising the visit

- who to see

- what are we looking for Ethical issues

- ethical considerations

- hospitality Prevention of corruption - the Prevention of Corruption Acts

Delivery Style Tutor input, discussion group work, case studies and solution analysis

Course Materials

Course notes and reference material and Certificate of Attendance

Linked Courses

Planning the procurement strategy



Course Information

Title

SUSTAINABLE PROCUREMENT – STRATEGIES AND PRACTICE Reference PS3

Type Core knowledge

Target Audience

Procurement and other officers engaged in implementing sustainable procurement strategies and practice

Duration 1 Day

Purpose Develop a common understanding of sustainable procurement Provide tools and techniques of defining sustainable impacts Help procurement specialists understand the benefits of incorporating sustainability into the procurement process Provide an understanding of the benefits of engaging the supply chain into sustainability strategies

Content What is sustainable procurement?

- definition

- general principles

- category specific examples e.g. landfill tax Risk based approach to sustainable procurement

- Basic risk management

- Why the environment is a risk

- Climate change

- Resource depletion

- Emissions

- Waste

- pollution Risk to the organisation from the environment

- reputational

- supplier failure

- legal compliance

- environmental taxation

- health impacts Sources of environmental procurement risks

- supplier performance on own site

- supplier performance on buyer’s site

- supplier provided goods and services Control and management

- consumption reductions

- seek green options

- evaluate cost/benefits

- green supplier selection

- green design

- green specifications Sustainable procurement assessment toolkit

- prioritising categories

- demand review

- action planning

- specification checklist

- whole life cycle cost model



Regulatory and guidance sources

- BS EN ISO 14001 Environmental Management

- RoHS Regulations (Statutory Instrument S12008 No37)

- WEEE Directive

- Local Government sustainable procurement strategy

Delivery Style Case studies, tutor input and tutor led problem solving

Course Materials

Course notes in checklist form and Certificate of Attendance

Linked Courses

Planning the Procurement Strategy



Course Information

Title

ENGAGING WITH VOLUNTARY AND COMMUNITY ORGANISATIONS – THE THIRD SECTOR Reference PS4

Type Core knowledge, Awareness and Practical Application

Target Audience

Commissioning, procurement, finance and service delivery staff engaged or likely to become engaged in procurement from third sector organisations

Duration 1 Day

Purpose Understand the range of services available from the third sector Understand the value added potential from the third sector Explain the difference between grant funding and procurement of goods and services from the third sector

Content The Third Sector – range of capabilities

- reference to drug treatment, rehabilitation, asylum support services, children’s services, adult social care and crime and disorder reduction partnerships

Scale, scope and organisational models for the third sector

- the emphasis on SME’s

- the scope of the third sector

- organisational models Contract social clauses

- community benefits

- added value services

- drafting the clauses Relevant Government policy

- Value For Money

- practical guidance

- reducing barriers

- creating level playing fields

- the myth that EU Procurement is a barrier Value added from the third sector

- community links

- specialised knowledge

- no institutional pressures

- innovation

- responsiveness

- niche markets not generalists Pricing considerations

- not for profit

- full cost pricing considerations and impact

- return on investment considerations Benefits and barriers to working with the third sector

- access to finance

- charities competing fro funding

- back office capacity and organisation



Four key areas where action is needed

- commissioning

- procurement

- learning

- accountability Using the flexibility inherent in European procurement legislation

- contracts falling outside the provisions of EU Procurement Directives

- supported businesses and the Special Contracts Arrangements

- procurement fully subject to the EU Procurement Directives and partially exempt procurement

Delivery Style Tutor input and discussion plus practical considerations of procurement

Course Materials

Course notes and checklists and Certificate of Attendance

Linked Courses

EU Procurement Directives



Course Information

Title

MANAGING THE PROCUREMENT FUNCTION Reference PS5

Type Practical application

Target Audience

Procurement Managers, procurement staff preparing for management and managers with significant procurement involvement and/or accountability, e.g. Finance Directors.

Duration 2 Days

Purpose Understand the essential facets of procurement management Explain the strategic and policy requirements of procurement Understand the requirement for long-term risk management processes to deal with the supply chain Understand the need for financial, contractual and operation knowledge

Content The role and influence of procurement

- procuring goods and services from third parties

- impact on service delivery

- managing risk and opportunity Managers – key roles and functions

- process, roles and tasks

- public and private sector approaches

- impact of stakeholder groups

- managing stakeholders Ethics and social responsibility

- social responsibility and ethics

- ethical codes and rules

- organisational goals and strategy Span of control and job design

- span of control, advantages and disadvantages

- the six tenets of job design Management decision making

- tools for decision making

- problem solving approaches Policies, procedures and controls

- essential policies

- process mapping

- designing appropriate controls

- audit regimes Organisation structures

- centralised operations

- delegated operations

- consortia Category analysis

- identifying appropriate categories

- coding and classification

- aggregation potential Supply base analysis

- the Pareto distribution

- data provision and analysis

- expenditure and risk assessment Marketing procurement

- understanding stakeholders and their needs



- growing supplier interest

- simplifying tender procedures Procurement competency profiling

- identifying the competencies, skills and knowledge

- designing the metrics

- public sector differentiators Measuring and reporting procurement performance

- inputs, outputs and process

- balanced scorecard

- relevant management information Managing improvement

- continuous improvement

- demanding targets

- rewarding personal achievement

- motivational tools Drivers of change

- legislation

- costs of service

- public demand

- emergencies Employment legislation

- employment legislation – an outline

- TUPE

- contractors

- employee rights in a disciplinary process

Delivery Style Tutor led discussions, case studies and problem solving scenarios

Course Materials

CIPS Level 5 Study Guide and Certificate of Attendance

Linked Courses




Course Information

Title

PROJECT MANAGEMENT AND PROJECT MANAGEMENT METHODOLOGY Reference PS6

Type Procurement strategy and professional awareness

Target Audience

Current and potential project managers, others involved in project delivery

Duration 2 Days

Purpose Identify the stages in the project management process Explain how to build and manage project teams Explain the principles of project planning and time management Explore examples of project management methodologies

Content Overview

- the nature of project management

- methodologies and toolkits

- identification of goals The ingredients of excellence in project delivery

- a team with relevant knowledge and skills

- detailed planning

- effective risk management

- dealing with slippage

- learning from failed projects Adapting to circumstances

- deconstructing the template

- developing a flexible framework

- identification of timescales

- the planning horizon Starting a project

- project initiation documents

- formal approval process

- identification of goals and objectives

- critical success factors

- scope and timescales

- assumptions Planning

- appropriate levels of details

- phases in the plan

- milestones

- outputs, not processes

- communicating the plan Mapping it out

- Working backwards

- Gantt charts

- Identification of major tasks and durations

- Identifying dependencies

- Independent tasks

- The critical path OGC Gateways



- the Gateways process and Gates

- applicability

- guidance

- support Communication and collaboration

- who need the information?

- stimulating action

- influencing attitudes and behaviour

- encouraging feedback

- external stakeholders

Delivery Style Formal presentations, tutor led discussions, problem solving case studies and personal presentation

Course Materials

Notes, slide set, pre-course reading and Certificate of Attendance

Linked Courses


Finance for Non-Financial Specialists



Course Information

Title

VFM COLLABORATIVE PROCUREMENT

Reference PS7 Type Procurement strategy

Target Audience

Purchasing staff who will be working in areas covered by the protocol and developing it in the future

Duration 1 Day

Purpose Identify the main features of collaborative procurement Explain the key features of value for money approaches Explain the benefits of collaborative procurement approaches Identify the procedures applicable to particular areas of the procurement process

Content Objectives of collaborative procurement

- limit the dispersal of procurement processes

- standardise prices for goods and services

- improved value for money for smaller organisations

- simplified access for small and large organisations wishing to provide goods and services to the public sector

Value Wales joined up approach

- enhanced value for money

- development of expertise

- transfer of knowledge across Wales

- co-ordinated approach to the supply market

- excellence in supporting public sector services Value for money

- economy, efficiency and effectiveness

- identification of benefits

- determination of costs, short and long term Procurement strategy

- Identification of local priorities

- Maximising savings

- Development of sourcing strategy

- Development of long-term activity plans Areas for collaboration

- framework contracts

- all-Wales frameworks

- OGC frameworks

- specialist contracts Professional services and social care

- Features of professional services procurement

- Procuring social care

- Identifying value and quality of service Management information

- information to support decisions

- break down of spend by departments

- consistency of standards

- building awareness of collaborative procurement routes across organisations

Managing and reporting performance

- setting targets for savings



- consulting with system users

- use of KPIs



Course Materials


Linked Courses





Course Information

Title

E-PROCUREMENT – A PRACTICAL INSIGHT Reference PS8

Type Core knowledge

Target Audience

Procurement staff and others needing an understanding of the breadth of e-procurement

Duration 1 Day

Purpose Understand the detail of e-procurement Understand the benefits including cost and time Appreciate the practical obstacles to implanting e-procurement

Content e-procurement tools

purchasing cards

BACS payment

supplier hosted web catalogues

internally hosted catalogues

on-line ordering

electronic requisitioning and ordering

on-line EU contract notification and award notices e-sourcing

what is it?

what can it do?

demand aggregation

requirements definition

supplier discovery

RFI; RFP; RFQ

reverse auctions e-tendering

why use e-tendering?

how to use an e-tendering solution

features of e-tendering

e-evaluation

decryption

opening tenders

evaluation

ranking

currency reconciliation e- vendor management

why use it?

features and functionality e-contract management

the elements of a typical eCMS

automation of processes

feedback into the sourcing process

e-auctions



how do e-auctions work?

the revenue equivalence theorem

collusion – coordination

e-auction experiences

Delivery Style Tutor led discussion and explanation of real life experiences with e-procurement, plus group discussion.

Course Materials

Course notes in checklist form and reference sources and Certificate of Attendance

Linked Courses

None



Course Information

Title

SUPPLIER RELATIONSHIP MANAGEMENT Reference PS9

Type Core knowledge

Target Audience

Procurement, service managers and others actively engaged in supplier management

Duration 1 Day

Purpose Understanding how to create effective relationships Understanding the tools available for relationship management Explain the benefits from positive relationships

Content The relationship spectrum

formal relationships

business trust relationships

dependency relationships e-procurement and relationship management

managing the distant relationship

providing adequate briefings on the process

reverse auctions and trust in the process

tendering processes How to establish positive relationships

- team building skills

- role definition

- facing reality when challenges are present Working with different personalities and cultures

- understanding the respective business drivers

- examining the personalities and their drivers

- the impact of organisational and country culture Consequences of poor relationships

- breakdown in performance

- lack of trust delaying actions

- claims for extras and contract change requirements Tools and techniques

- team building

- personality profiling

- off-site review sessions

- reward systems

- motivational tools Relationship issue analysis

- key personnel

- accountabilities

- pressure from senior management

- unreasonable demands of individuals Buyer seller expectations and values

the profit motive

service excellence

contract length and renewal A practical model for developing a relationship

explanation of the model Dealing with a breakdown in relationships



- the role of the honest broker

- getting the team to solve problems

- documenting agreement

Delivery Style Tutor led discussion and formal presentation, discussion and study of relationship building and breakdown

Course Materials

Course notes in bullet format and Certificate of Attendance

Linked Courses

None



Course Information

Title

PROCUREMENT AND ORGANISATIONAL STRATEGIES

Reference PS10 Type Core knowledge

Target Audience

Procurement, finance, audit and service managers actively engaged in developing procurement and related strategies

Duration 2 Days

Purpose Explain organisational strategies and linkage with procurement strategies Understand how to develop an effective procurement strategy Understand the legislative influences on strategic thinking Explain how strategic supplier management is a significant contributor to performance

Content Strategic management defined

- levels of decision making

- long, medium and short term planning Organisational context

- relationships with suppliers, customers and other stakeholders

- identification of organisational resources

- organisational politics and culture Strategy over time

- re-evaluation of assumptions

- changes to objectives

- identifying ineffective strategies

- addressing areas of implementation Stakeholder analysis

- identification of stakeholders

- stakeholder objectives

- power and influence

- impact on the organisation Value Wales procurement strategy template

- content of the template

- relating the template to participant’s organisation Sector specific strategies – overview

- local government

- health

- education Legislative influence

- open competition

- framework agreements

- choice of procurement route

- PPP/PFI strategies Senior staff strategic awareness

- long-term planning

- strategies for delivering key services

- strategic plans with procurement Strategic supplier management



- relationships

- business planning and sharing data

- category management

Delivery Style Tutor led discussion, case studies and practical strategy development

Course Materials

Course notes, reference material and Certificate of Attendance

Linked Courses




Course Information

Title

EU PROCUREMENT LEGISLATION

Reference LF1

Type Awareness and Career Development

Target Audience

Procurement Managers and Staff with responsibility for ensuring compliance with EU Procurement Legislation

Duration 1 day

Purpose Provide background to the EU General Public Sector Directive and the Utilities Directive Explain the procedures that contracting authorities must follow under the EU Procurement Regime Explain the implications of the existing Remedies Directives and new 2007 Remedies Directive Ensure a consistent application of the EU procurement rules across all contracting authorities. Manage risk during the EU procurement process

Content Background to EU Public Procurement Regime

- Purpose of the EU Public Procurement Rules

- Evolution of EU Public Procurement Regime

- Who is affected by the EU Public Procurement Regime EU Public Procurement Directives

- Public Sector Directive – works, supplies and services

- Utilities Directive

- Original Remedies Directives

- 2007 Remedies Directive

- Implementation of the Directives in UK Contracting Authority’s basic advertising requirements

- OJEU – what is it?

- Contract thresholds

- Types of Notices and timescales

- Exemptions to advertising requirements

- Basic Treaty Requirements to be satisfied Advertising in the OJEU

- Contents of Notices

- Technical Specifications

- Selection Criteria

- Award Criteria – dealing with weightings

- Dangers of changing selection/ award criteria after contract advertised in OJEU

Awarding the contract

- Selecting the most appropriate procedure

- Open Procedure

- Restricted Procedure

- Negotiated Procedure

- Competitive Dialogue

- Accelerated Procedure

- Alcatel Standstill Provisions and implications of new 2007 Remedies



Directive Risks of breaching procurement rules

- Damage claims

- Injunctions

- European Commission investigation

- Finding of Illegal Direct Award and potential cancellation of contract

- Minimising the risk of breaches Types of procurement

- Framework Agreements

- Dynamic Purchasing Systems

- Electronic Procurement

- Dividing contracts into lots Dealing with confidential information during the procurement process

- Non Disclosure Agreements with tenderers

- Specific issues arising in competitive dialogue Interactive Case Studies

- Drafting a contract notice

- Establishing Award Criteria

- Awarding a contract – correct procedure

- Dealing with a request for a disgruntled bidder

Delivery Style Formal presentations, tutor led discussions, interactive problem solving case studies and personal presentation

Course Materials


Linked Courses

UK Procurement Legislation

Managing the Tender Process

Course Information



Title

UK PROCUREMENT LEGISLATION

Reference LF2 Type Awareness and Career Development

Target Audience

Procurement Managers and Staff with responsibility for ensuring compliance with UK Procurement Legislation

Duration 1 Day

Purpose Provide background to how the EU Procurement Directives have been implemented in the UK Explain the procedures that contracting authorities must follow under UK procurement legislation Explain guidance that is available from OGC in UK procurement legislation Ensure a consistent application of the EU procurement rules across all contracting authorities. Manage risk during the EU procurement process

Content Background to EU Public Procurement Regime

- Purpose of the EU Public Procurement Rules

- Evolution of EU Public Procurement Regime

- Who is affected by the EU Public Procurement Regime EU Public Procurement Directives

- Public Sector Directive – works, supplies and services

- Utilities Directive

- Original Remedies Directives

- 2007 Remedies Directive

- Implementation of the Directives in UK How EU Public Procurement Rules have been implemented in the UK

- Public Contracts Regulations

- Public Utilities Contracts Regulations

- Remedies Regulations

- Forthcoming Regulation implementing 2007 Remedies Directive Contracting Authority’s basic advertising requirements

- OJEU – what is it?

- Contract thresholds

- Types of Notices and timescales

- Exemptions to advertising requirements

- Basic Treaty Requirements to be satisfied

- OGC Guidance on advertising requirements Advertising in the OJEU – OGC Guidance

- Contents of Notices

- Technical Specifications

- Selection Criteria

- Award Criteria – dealing with weightings

- Dangers of changing selection/ award criteria after contract advertised in OJEU

Awarding the contract



- Selecting the most appropriate procedure – OGC Guidance

- Open Procedure

- Restricted Procedure

- Negotiated Procedure

- Competitive Dialogue

- Accelerated Procedure

- Alcatel Standstill Provisions and implications of new 2007 Remedies Directive

Risks of breaching procurement rules

- Damage claims – examples of UK cases

- Injunctions – examples of UK cases

- European Commission investigation

- Finding of Illegal Direct Award and potential cancellation of contract

- Minimising the risk of breaches – OGC Guidance Types of procurement – OGC Guidance

- Framework Agreements

- Dynamic Purchasing Systems

- Electronic Procurement

- Dividing contracts into lots Dealing with confidential information during the procurement process

- Freedom of Information Act

- Non Disclosure Agreements with tenderers

- Specific issues arising in competitive dialogue Interactive Case Studies

- Drafting a contract notice

- Awarding a contract – correct procedure

- Dealing with a FOIA request

- Dealing with a request for a disgruntled bidder

Delivery Style Formal presentations, tutor led discussions, interactive problem solving case studies and personal presentation

Course Materials


Linked Courses

EU Procurement Legislation




Course Information

Title

THE LEGAL CONTENT OF AN INVITATION TO TENDER

Reference LF3 Type Core knowledge

Target Audience

Procurement, legal services, audit and service managers involved in designing ITT’s

Duration 1 Day

Purpose Understand the key contract clauses and their potential application Understand typical schedules to a contract and their potential application Explain the need to anticipate contractual non-performance and remedies available

Content Key Contract Clauses (Examples only - others will be accommodated)

- Changes in law

- Change in service priorities

- Damages and service credits

- IPR’s

- Specification

- Force Majeure

- Contract review and contract extension

- Jurisdiction

- Payment

- Change in ownership

- Insurances

- Right of Audit

- Open Book

- Termination Schedules to the contract (Examples only – others will be accommodated)

- Exit plan

- Emergency planning

- Novated contracts

- Dispute resolution

- Performance bond

- Contract change

- Benchmarking

- Key personnel

- Security considerations

Delivery Style Tutor led discussion around actual clauses and schedules, using case law to illustrate practical situations that arise in business.

Course Materials

Relevant notes with illustrative clauses and Certificate of Attendance

Linked Courses

Contract Law



Course Information

Title

CONTRACT LAW – IMPLIED VERSUS EXPRESS OBLIGATIONS

Reference LF4 Type Core knowledge

Target Audience

Procurement, service managers and audit staff

Duration ½ Day

Purpose Highlight typical points of failure in non-commodity procurements Explain the difference between implied and express obligations Explain the concepts surrounding the elevation of the supplier to expert Provide a list of do’s and don’ts in relation to a supplier’s obligations

Content What is the law that impacts on procurement? When and how contracts are formed Commodities versus solutions Letters of Intent Instructions to Proceed Caveat Emptor The dangers of using the supplier’s contract terms and conditions Implied obligations Express obligations Material breach Remedies at law Do’s and Don’ts for purchasers

Delivery Style Formal presentation and participant discussion

Course Materials

Course notes in checklist form and Certificate of Attendance

Linked Courses

Tendering and Specification writing

Course Information



Title

IT SYSTEMS AND SOFTWARE PROCUREMENT

Reference PP1 Type Core knowledge

Target Audience

Procurement, IT, Project Management and Senior Staff engaged in IT Systems and Software Procurement

Duration 2 Days

Purpose Identify the essential commercial and legal considerations when buying IT Understand the source of disputes in typical IT contracts Explain the crucial role to be played by procurement specialists Explain the commercial risks that need optimising

Content Background to IT Procurement

- the technical dominance in procurement

- balancing technical and commercial interests

- long-term life cycle costs

- risk management

- Gateway reviews A brief history of IT disasters and successes

specification issues

cost overruns

programme overruns

technical change The role and influence of procurement

key phases of the procurement cycle

due diligence

evaluation criteria and weightings

formation of the contract, including letters of intent and Instructions to proceed

assignment and novation issues

Contracts (Rights of Third Parties) Act 1999 A robust procurement process through to contract signature

managing the tender process

documenting discussions

reference site visits

handling the supplier’s pressure to get to contract signature

using OGC Framework Agreements Cost drivers, price management and negotiation

- hardware, software, labour/development costs, installation and maintenance costs

- managing prices in the longer term

- price review mechanisms and choice of indexation

- when and how to negotiate Critical commercial facets of IT and Software

- relationship between supply and support contracts

- off the shelf contractual issues

- testing and acceptance

- applying damages and service credits

- business continuity Software licences and development agreements



- key features of software licences

- different types of software licences

- structure of a typical object licence agreement

- licensee obligations

- licensor’s warranties and liabilities

- indemnities Intellectual property rights in systems and software

- copyright in software and databases

- trademarks and service marks

- Escrow agreements Managing IT contracts – liabilities and dispute management

- performance bonds and insurance requirements

- intellectual property infringement

- calculating a cap on liability

- dispute resolution and ADR Long-term IT support contracts

- right to terminate

- guaranteeing availability of support

- help desks

- negotiating response times

- accessing upgrades and the commercial implications

- off-shoring implications

Delivery Style Tutor led discussions and formal input, case studies, consideration of court judgments on IT cases and problem solving scenarios

Course Materials

Course notes based on practical and proven checklists and Certificate of Attendance

Linked Courses




Course Information

Title

SPECIFICATION AND QUALITY MANAGEMENT

Reference PP2

Type Core knowledge

Target Audience

Procurement, quality management, heads of service and contract management staff

Duration 1 Day

Purpose Ensure a full understanding of writing and presenting specifications Stress the importance of quality management throughout the procurement process Emphasise the linkage with contractual terms and conditions

Content Writing effective specifications

- output versus input specifications

- using the right language

- the various ways to specify including buying by sample, chemical analysis, etc

- guidelines for content and presentation Input versus output specifications

- the arguments for and against each

- the contractual implications Key Performance Indicators

- defining key performance indicators

- the consequences of them not being met Acceptance testing and quality standards

- the difficulties relying on the supplier’s testing programme

- time for acceptance

- rework implications Linkage with contractual terms and conditions

- inspection rights

- termination rights

- right to audit

- supply chain implications Applying damages for non-performance

- preparing a heads of claim

- retendering implications Environmental considerations

- specifying and accountability for environmental matters Sustainability considerations

- environmental considerations On-site inspection and rejection processes

- rights to use third party inspection

- rejecting work in progress Quality certification

- checking the accreditation source

- AQAS Product guarantees



- when do they start

- how long

- terms of the guarantee Repair or replace

- supplier’s right to repair or replace

- recommencement of guarantee period As built drawings

- Escrow

- IPR’s

Delivery Style Tutor input, discussion, problem solving case studies

Course Materials

Course notes and tender document references and Certificate of Attendance

Linked Courses

None



Course Information

Title

SUPPLIER EVALUATION AND SELECTION TECHNIQUES

Reference PP3 Type Core knowledge

Target Audience

Procurement staff and likely Project Board members

Duration 1 day

Purpose Explain the rationale for evaluating suppliers at PQQ and tender stages Understand the need for robust evaluation criteria and weightings Gain an understanding of handling supplier presentations Explain the methodology used by effective evaluation panels

Content Purchases < EU Threshold

- the relevance of standing orders and procurement rules

- the EU thresholds for supplies, services and construction Purchases > EU Threshold

- the process for such purchases

- aggregation rules

- time periods applicable to aggregation Risk profiling the intended purchase

- the risk register

- the different types of risks

- obtaining the supplier’s view of risks Soft Market Testing

- what is legitimate

- making notes of meetings

- preparing relevant notes Informing the supply market

- advertising

- bidder’s days

- internal tender information OJEU advertisements

- the content of the OJEU advertisement

- ensuring the content is appropriate

- time for responses Bidder’s days

- hosting the day

- the content of presentations

- who shall make the presentation

- ensuring the quality of presentations Designing the content of a PQQ

- the sections of the PQQ

- asking relevant questions

- making it service/goods specific Designing the content of an Invitation to Tender (ITT)



- instructions to tenderers

- the sections of the ITT

- the contract and schedules Evaluation criteria and weighting modelling

- determining the criteria

- deciding on the weightings (if any)

- the scoring system Financial and Technical considerations

- cost modelling

- specification writing Supplier presentations

- assessing the quality of the presentations

- controlling the time

- asking questions Contract award

- the Alcatel standby period

- Judicial reviews

- Authorisation to sign the contract

Delivery Style Tutor input, tutor led discussions, analysis of actual documentation

Course Materials

Notes, case studies, templates and Certificate of Attendance

Linked Courses

Tender Analysis Skills



Course Information

Title

CONSTRUCTING AN EFFECTIVE INVITATION TO TENDER

Reference TB1 Type Core knowledge

Target Audience

Procurement and Service Managers who are or will be engaged in preparing Invitations to Tender

Duration 1 Day

Purpose Understand what an effective ITT looks like Appreciate the benefits of helping tenderers to produce first class tenders Understand that innovative solutions can be sought and evaluated

Content Reference to business case

- confirm technical and financial requirements

- confirm affordability envelope

- confirm decision making timescales Instructions to tenderers

- defining the essential content

- in what medium are tenders to be submitted

- tender validity period

- are tender bonds required Using the right language

- avoiding acronyms

- providing a glossary of terms

- avoidance of pointing to a specific solution Explaining the requirement to tenderers

- the specification

- client specific circumstances impacting on performance

- KPI’s

- defining ‘must haves’ and ‘nice to haves’. Anticipating tenderer’s questions

- typical areas of concern

- technical questions

- procurement questions

- the process for resolving queries that arise during the tender process Requesting cost information

- designing the cost model

- anticipating the cost drivers

- dealing with contingency provision Requesting innovative solutions

- encouraging innovative solutions

- permitting non-compliant tender solutions

- how to evaluate innovation Dealing with competitive edge solutions

- confidentiality

- reaching an understanding of cutting edge solutions

- pricing the alternative



Explaining the procurement process and timescales to get to contract

- setting out the process

- evaluation panels

- the decision making process

- Local Authority call-in periods The ITT evaluation model

- criteria and weightings

- scoring systems Populating the contract clauses and schedules to contract

- boilerplate clauses

- contract specific clauses

- schedules that may be required

Delivery Style Tutor led discussions and formal input, problem solving scenarios

Course Materials

Course note checklists and Certificate of Attendance

Linked Courses

Tender Analysis Skills



Course Information

Title

MANAGING THE TENDER PROCESS

Reference CA1 Type Core knowledge

Target Audience

Procurement, finance, audit and service managers actively engaged in tendering processes

Duration 1 Day

Purpose Understand the end-to-end tender process Explain the salient considerations for the tender process to work effectively Explain the typical pitfalls

Content Understanding the legal framework surrounding the tendering process

- EU Directives

- Standing Orders

- Standstill period

- Tender validity period Incorporating the terms and conditions of contract

- the rules of offer and acceptance

- dealing with contractual non-compliance

- dealing with the involvement of external legal advisers Determining the rules of the bidding process

- communication protocol

- receipt and opening of tenders

- raising clarification questions How to use non-collusion clauses

- non-collusion undertakings

- consequences of breach How to handle bidders’ conferences and/or reference site meetings

- organising a bidder’s conference

- who should be involved

- reference site meetings

- contemporaneous notes Preparing the pricing schedules

- what are the potential cost drivers?

- designing the pricing template

- instructions for completing the template The legal aspects of return of tenders

- validity date

- tender bonds

- making counter offers and the likely consequences Evaluating the bids, both commercially and technically

- the criteria and weightings

- the role of evaluation panel members

- technical considerations and impact on price and performance Preparing for and undertaking post tender clarification and negotiation

- identifying the issues

- planning the process

- documenting the outcome

- ensuring the audit trail is complete



The Alcatel period

- what does it mean?

- how is it applied?

- dealing with appeals

- judicial reviews Authorisation for contract award

- Central government and local authority decision making

- Delegated authority implications Advising non-successful bidders

- EU Directive guidance

- satisfying the formalities

- simple What information to provide

- Providing a debrief Awarding the contract

- simple versus deed contracts

- ensuring formal acceptance

Delivery Style Tutor input, discussion, problem solving and role playing

Course Materials

Notes in checklist form and official guidance references and Certificate of Attendance

Linked Courses

Constructing an effective Invitation to Tender



Course Information

Title

TENDER ANALYSIS SKILLS


Target Audience

Procurement and other functional specialists engaged in tender analysis

Duration 1 Day

Purpose Explain the importance of professional analysis of tenders Understand the nuances included in tenders by bidders Understand that detailed evaluation is a task requiring diligence

Content Linking the content of a tender to the evaluation model

- facets of the evaluation model

- locating specific answers to evaluation facets

- ensuring the right criteria are used Dealing with vague statements

- examples of vague statements

- drafting clarification questions

- determining the impact of the vagueness Dealing with non-compliance

- what was said in the tender?

- were alternative solutions requested?

- deciding to pursue non-compliance Taking up references

- written or verbal requests

- going beyond the façade of references

- the necessity for due diligence Dealing with contradictions

- the nature of contradictions

- clarification process Technical analysis

- compliance with specification

- method statements

- quality management of the service or manufacturing Commercial analysis

- pricing detail

- supply chain issues

- financial health of the supplier

- payment and/or funding issues Financial analysis

- the supplier’s accounts

- performance bonds/PCG

- comprehensiveness of pricing detail

- remedies for non-performance Contractual analysis

- identifying the impact of any non-compliance

- dealing with other matters raised

- analysing alternative clauses suggested Identifying questions for clarification



- responsibility to draft the questions

- accountability for raising questions with bidders Briefing the evaluation team

- ensuring that all the evaluation panel understand the model

- explaining the scoring system Resolving in-house differences of findings

- the formality of recording differences

- discussing and agreeing the consensus Qualifying words and phrases

- working examples of such phrases and words

- understanding the impact of them

Delivery Style Tutor input using actual examples from a range of tenders, plus notes in checklist form

Course Materials

Course notes and reference material and Certificate of Attendance

Linked Courses

Constructing an effective tender and the Legal Content of a Tender



Course Information

Title

CONTRACT AWARD – KEY CONSIDERATIONS


Target Audience

Procurement, finance, audit and service managers actively engaged in contract award processes

Duration 2 Days

Purpose Understand the formalities of contract award Explain the benefits of debriefs Understand how to comply with EU Directives and other Regulations

Content Recommendation to award a contract

- preparing the report

- complying with MEAT

- explaining the process Approval processes

- Departmental sign off

- Council and other bodies’ approval

- Role of scrutiny panel

- Call in periods and implications Contract standstill period

- Alcatel period and implications

- Relevance to contract signature

- Appeals within the period Letters to successful and unsuccessful bidders

- model letters

- offering debriefs Supplier debriefs

- the content of the debrief

- participants

- recording the comments and responses Contract award notice

- complying with EU Directives

- timescales Securing and recording benefits

- analysis, recording and reporting benefits

- ensuring that through life costs are taken into account Contract signature

- authorised signatures

- delegated authority

- simple or contracts under seal Security and CRB clearance

- security clearance levels

- security clearance processes and timescales

- CRB requirements Health & Safety briefings

- the importance of health & safety



- briefings prior to site engagement

- the legal requirements Hand over to contract management

- formal handover to contract management

- explaining contract terms and conditions

- pointing out contractual obligations on the client side Publicising contract award in-house

- advising interested parties

- explaining whether the contract is mandatory

- understanding Framework Agreements Efficiencies and reporting

- the requirements for efficiency improvement

- continuous improvement plans

- reporting performance

- public satisfaction surveys Capturing lessons learned

- what are the lessons learned

- transferring the learning by communication

Delivery Style Formal inputs, case studies, role plays and review of actual situations

Course Materials

Course notes in checklist form with extracts of formal advice and Certificate of Attendance

Linked Courses




Course Information

Title

CONTRACT MANAGEMENT SKILLS

Reference CM2 Type Core knowledge for procurement and contract management staff

Target Audience

Procurement and contract management staff

Duration 2 Days

Purpose Understand the contract complexities that need handling Understand the legal framework in which contract management takes place Explain the practical steps in obtaining and analysing performance data

Content Understanding the contract

- contractual terms and conditions

- schedules to the contract

- the specification

- reporting performance Formal contract reviews

- scheduled review meetings

- the agenda

- who should be present

- timing Contract monitoring approaches

- formal

- informal

- escalating the involvement

- electronic monitoring Provision of relevant Management Information (MI)

- the content required by the contract

- when it is to be provided

- accuracy

- inadequate and misleading data Managing contract review meetings

- chairing the meeting for positive outcomes

- establishing facts

- getting a balanced picture of performance

- agreeing and documenting actions Monitoring performance against KPI’s and National Indicators

- KPI’s and National Indicators

- linking performance to gainshare and painshare

- implementing damages and/or service credits Preparing a contract management plan

- the content of a plan

- the specific proposed contract management structure

- time lines Conducting spot audits

- when to make them

- involving internal audit

- having the right skills and knowledge present



Dealing with non-performance

- resolving amicably

- formal disputes

- contract termination Serving notices of breach of contract

- the legal process

- maintaining the audit trail Responses to contractor default

- acquiescence

- dispute resolution

- action plans Contract renewal planning

- establishing the data base

- avoiding breaching EU Regulations and Standing Orders

Delivery Style Tutor input, discussions, case studies and role playing

Course Materials

Course notes in checklist form, reference material and Certificate of Attendance

Linked Courses

Contract Law, Managing Disputes



Course Information

Title

POST CONTRACT AWARD CONSIDERATIONS

Reference CM2 Type Core knowledge

Target Audience

Purchasing and Contract Management Staff

Duration 1 Day

Purpose Explain the typical considerations for post contract award actions Understand the contractual linkages impacting on contract performance Experience problem solving based on actual contract defaults Understand the principle of acquiescence

Content Contract Management

- knowledge and skills requirements

- understanding the contract

- taking decisive action Provision of Management Information

- defining this in the contract

- frequency and detail required

- the medium in which the MI will be provided Contract change

- contract change processes

- impact on cost and programme

- timescales for decision making Key personnel

- acceptability or otherwise

- replacing key personnel

- involvement in the contract and cost Client obligations

- information turnaround

- payment

- partnering actions Supplier obligations

- performance


- quality, sustainability and equality Exit strategies

- when the exit strategy and exit plan will be agreed

- the detailed content of the exit plan

- retendering actions

- linkage with termination Dispute resolution

- ADR process

- Binding or not Contract reviews

- frequency

- content

- minutes



Benchmarking

- contract provision

- price matching clauses

- confidentiality Defining material breach

- the definition of material breach

- linkage with termination rights

Delivery Style Tutor input, group discussion, case study

Course Materials

Notes, slide deck and bibliography and Certificate of Attendance

Linked Courses

Contract Management Skills



Course Information

Title

“FOOD” PROCUREMENT

Reference ERP2 Type Core knowledge and subject matter appreciation

Target Audience

Procurement, finance, audit and service managers actively engaged in food procurement

Duration 2 Days

Purpose Understand the specialist nature of food procurement Develop Strategies for food procurement

Content

Definition of food procurement

The Public Sector Food Procurement Initiative (PSFPI)

Menu of priority objectives

Menu of other objectives

Strategic stakeholders

The policy landscape

NAO report ‘Smarter Food procurement in the public sector’ [HC 963-1 2005-2006]

Costs, quality and sustainability

Reviewing current practice

Initiatives that may be taken

Delivering an effective food procurement process

The food supply chain

Catering contracts – some key considerations

School, hospital and prison food procurement

Characteristics of successful food procurement

School Food Trust Survey February 2009-07-27

Sustainable food procurement

Sustainable food defined

Collaborative procurement case study


Course Materials


Linked Courses

Supplier Evaluation and Analysis Techniques



Course Information

Title

“CONSTRUCTION” PROCUREMENT

Reference ERP3 Type Core knowledge and subject matter appreciation

Target Audience

Procurement, finance, audit and service managers actively engaged in Construction Procurement

Duration 2 Days

Purpose Understand the specialist nature of construction procurement

Content

Critical success factors

Engaging architects, quantity surveyors and consultants

Project Team

Integrated process

Procurement and contract strategies

Risk and value management

PFI, Prime Contracting, Design and Build, Leasehold

Whole life costing

Gateway reviews

Framework for integrated procurement

PPC 2000 New Engineering Contract

The legal and regulatory framework Payment mechanisms

Construction contract clauses and conditions

Model form contracts and their usage

Contract administration and management

Risk management throughout the procurement process

Claims management

Supply chains

The Latham report and its impact

The Egan report and its impact

Delivering to budget and time

Auditing site practices

ProCure 21


Course Materials


Linked Courses

Contract Management Skills



Course Information

Title

PREPARING FOR PURCHASING MANAGEMENT

Reference S1

Type Career Development

Target Audience

Purchasing staff who have been identified for promotion to more senior positions

Duration 2 days

Purpose Identify the role and challenges of managing a purchasing function Explain how to develop purchasing strategies Explain how to effectively manage staff and to establish positive relations with stakeholders Explain how the budgeting and financial controls operate

Content Management defined

- the nature of management

- the systems concept and the management process The development of management concepts

- emphasis on human relations

- emphasis on administration

- emphasis on performance

- emphasis on change Objectives and ethics

- the range of purchasing objectives

- service excellence characteristics

- ethics

- prevention of corruption acts Planning

- fundamental concepts of planning

- types of plans

- criteria for evaluating plans

- summary of principles Management information systems

- functions of an information system

- capturing supply market research Decision making

- the decision making process

- creativity in decision making

- options appraisal Organisational relationships

- line/staff relationships

- stakeholder engagement

- centralised versus decentralised options Leadership patterns

- theories of leadership

- components of leadership

- personality dynamics in leadership

- selecting a leadership pattern Communications

- principles of communication



- media for communications

- problems in communication Motivating staff

- the basis of motivation

- setting realistic and achievable objectives The basis of control

- the nature of control

- the control process

- characteristics of good control Managing and reporting performance

- setting departmental performance objectives

- consulting with stakeholders

- key reporting of KPI’s with management and stakeholders

- linkage to pay and rewards


Course Materials


Linked Courses

Procurement and Organisational Strategies

Managing the Procurement Function




Course Information

Title

THE PURCHASING CONTRIBUTION TO LONG-TERM BUSINESS PLANNING

Reference S2

Type Core knowledge

Target Audience

Purchasing staff who are engaged in strategic and policy planning

Duration 1 Day

Purpose Identify procurement strategic options for long-term benefit Explain policy development and planning Explain the key facets of linking procurement to long-term business needs

Content The essence of long-term business planning

- financial planning

- operational planning

- supply market risks and mitigation strategies

- human capital planning Working with stakeholders

- explaining procurement and supply chain planning criteria

- key strategic issues and decisions

- engaging with the supply market Cost and Price considerations

- identifying the key cost drivers of goods and services

- devising effective cost models

- public sector comparators

- benchmarking prices

- long-term price control Understanding the supplier’s long range business plan

- customer analysis

- working capital and financial considerations

- workforce planning

- acquisitions and mergers

- market risks Contractual issues

- contracting for the longer term

- PFI/PPP considerations

- long-term pricing considerations

- rights of termination

- change of supplier ownership The impact of extreme supply market considerations

- supply market capacity

- milestone payments

- retention considerations

- transfer of title and risk

- Escrow considerations

Delivery Style Tutor led discussions, practical formulation of strategy and policy documents, case study comments and presentations

Course Notes, slide set and references to access on the web and Certificate of



Materials Attendance

Linked Courses

Procurement and Organisational Strategies



Course Information

Title

ORGANISING TO PROCURE

Reference S3 Type Core knowledge

Target Audience

Purchasing and other relevant staff engaged in procurement activities

Duration 1 Day

Purpose Explain and emphasise the importance of planning procurements Emphasise the major facets of organising procurement actions Recognise that the identification and management of risk is vital Consider the impact of effective team work

Content Creating an effective team

- team members

- terms of reference

- team building skills Prince 2

- the methodology

- identifying key milestones

- project reviews Project Boards

- their composition

- terms of reference

- frequency and content of meetings Milestone and timescale considerations

- time for decision making

- obtaining authority to procure

- ‘calling in’ period

- impact on financial planning Choice of procurement procedure

- the different procedures, their strengths and weaknesses

- impact of client and bidder’s costs

- implications for resources IT support

- nature of IT support required

- data rooms, content and access rules Risk register management

- the detail of risk register content

- mitigation strategies

- owners of risks

- financial impact of the risk occurring Project planning and reporting outline

- project dependencies

- milestone management

- project reports Stakeholder involvement

- who are the stakeholders

- explaining the procurement terminology and process

- identifying roles and accountability

Trade Union involvement



- workforce issues

- membership of Project Boards

- involvement in evaluation modelling

- TUPE implications

- Pension implications

Delivery Style Tutor led discussions, discuss brief case studies and practice problem solution skills

Course Materials

Notes, slide deck and Certificate of Attendance

Linked Courses

Project Management and Project Management Methodology



Course Information

Title

PROCUREMENT FRAUD

Reference S4 Type Core professional knowledge

Target Audience

Procurement, finance and audit managers

Duration 1 Day

Purpose Understanding the opportunities for fraud Explain the indicators that fraud may be present Understand how to conduct a fraud enquiry Understand the importance of controls in the procurement process

Content Types of procurement fraud

- fixing tender processes

- fixing payment

- fixing delivery and acceptance

- ghost deliveries Auditing for fraud

- training the audit team

- avoiding mechanistic audits

- ensuring the audit trail is complete The warning signs

- no change in suppliers

- contract changes

- false VAT numbers

- False company registered numbers Risk in procurement processes and decisions

- closed loop scenarios

- delegated authority

- waivers to procedures Organisational controls

- authority sign off for different value of contracts

- random checks on decisions

- approved contracts and suppliers

- robust supplier selection methodologies Managing for security

- involving internal security

- checking deliveries

- signing for goods and services Randomised checking in payment approval system

- selection of invoices for checking

- the Pareto distribution

- checking contract change and impact on price Whistle blowing

- having a policy

- dealing with the whistle blower

- obtaining statements Dealing with suspicions and allegations regarding fraud



- supplier initiated

- sources of information

- maintaining confidentiality HR implications

- avoiding HR complications

- involvement of HR Legal implications

- dismissal

- court action Case Histories

a selection of fraud investigations

Delivery Style Tutor led problem solving and consideration of case histories

Course Materials

Course notes in checklist form and fraud report references. Certificate of Attendance

Linked Courses




Course Information

Title

TERMINATING CONTRACTS – COMMERCIAL AND LEGAL CONSIDERATIONS

Reference S5 Type Core knowledge

Target Audience

Procurement, legal, finance and contract managers

Duration 1 Day

Purpose Understand the implications of termination Explain the legal process Appreciate the need to understand the basis of disputes Understand the consequences of termination

Content Why terminate?

- existing contract no longer value for money

- discontinuation of service

- change in law

- non-performance

- change of control

- for convenience Categories of contracts

- initial term and subsequent termination by notice

- fixed term

- rolling term

- termination on occurrence of defined events

- renewable for fixed term by agreement Early termination

- by buyer

- by supplier Material Breach

- what is it?

- examples from service contracts Termination for insolvency

- model clause Force majeure

- what shall constitute Force Majeure

- the period of the event Consequences of termination

- IPR’s

- TUPE

- unrecovered investment

- co-operation with new supplier

- dealing with retention amounts

- plant and equipment, capital assets

- hand over of records and information

- unsold stock

- impact of Romalpa clause Exit Plans



- when they are to be produced

- the content High Court decisions

- recent High Court cases and lessons learned IT Systems and refreshment

- who owns the assets

- has the refreshment policy been adhered to?

- valuation of assets

Delivery Style Tutor input and examination of contract clauses and case law

Course Materials

Course notes, model clauses and Certificate of Attendance

Linked Courses

The legal content of an Invitation to Tender

Course Information



Title

PROCUREMENT IN LOCAL GOVERNMENT

Reference S6 Type Core knowledge and strategy

Target Audience

Procurement and heads of service involved in procurement

Duration 1 Day

Purpose Identify the Local Government procurement differentiators Understand the opportunities for enhancing VFM Review the procurement methods available to Local Government organisations

Content What makes Local Government different from a procurement perspective

- Standing orders and relevant regulations

- Service specific requirements What is world-class procurement?

- taking initiatives

- high level knowledge and skills

- innovative contracting The typical spectrum of Local Government procurement needs

- goods

- services

- projects

- outsourcing Gershon savings

- the mandatory element

- year on year requirements

- knowledge of the supplier’s cost drivers Value For Money

- long term cost in use

- MEAT standard

- Innovation in service delivery The role of Scrutiny

- call in

- independent challenge

- linkage to Gateway reviews Horses for courses – catalogues, quotations and tendering

- when to apply each

- on-line catalogues Direct Purchases – OJEU and OGC

- when to OJEU

- the quality of the advertisement

- OGC contracts and frameworks Collaboration – Purchasing Consortia

- examples

- benefits Shared Services

- benefits

- staffing considerations Outsourcing



- long term implications

- the Trade Union response

- TUPE

- Pensions

- Attracting inward investment Public-Private Partnering

- contractual considerations

- cost of services Delivering service excellence

- dependence on the suppliers

- what happens when standards fall

- public surveys Contract terms and conditions

- standard forms of contract

- buyer’s terms and conditions Contract Management

- skills required

- knowledge of the contract

- contract reviews

Delivery Style Formal presentation, tutor led discussions, case studies and Q&A session

Course Materials

Course notes, slide set and Certificate of Attendance

Linked Courses

EU and UK procurement legislation

Course Information



Title

FINANCE FOR NON-FINANCIAL SPECIALISTS

Reference S7

Type Appreciation and practical applications

Target Audience

Procurement and service managers who require a financial understanding to discharge their duties

Duration 1 Day

Purpose Understand the budgeting process Explain how Annual Reports and Accounts are helpful in making procurement decisions Understand the structure and intent of a set of accounts Using financial information in negotiations

Content The budgeting process and purpose

- who drives the process?

- reviewing all current expenditure heads

- what is its purpose? Reading supplier’s annual reports and accounts

- notes to the accounts

- auditors qualifications to the accounts

- exempt information Identifying operating costs, overheads and profits

- labour costs

- material costs

- capital expenditure

- overheads – fixed and variable Key ratio analysis

- the 10 key ratios and their relevance to procurement decisions Working capital and it sources and cost

- working capital defined

- sources of capital

- the cost of capital Using financial information in negotiations

- broad brush estimates using published financial information

- identifying profit

- looking for loss provisions The FORM 10K and FORM 10Q

- the content of Form 10K

- the content of Form 10Q

- the information contained in them and benefits for the procurement specialist

Cash flow

- impact on payment terms

- advance payments

- ownership of work produced The impact of pensions deficits

- pension information and its interpretation Profit and return on capital employed



- Net and gross profit calculations

- ROCE calculations The impact of issuing performance bonds

- call on the bonds

- limit on issue Long-term business and financial planning

- the short and long-range business plan

- ensuring investment Third party financial opinions

- the use and abuse of credit agencies

- the legal status of third party opinions

Delivery Style Scrutiny of real financial information with tutor analysis and comment

Course Materials

Analysis of accounts and annual reports – interpretive notes. Certificate of Attendance

Linked Courses

None

Course Information



Title

MANAGING PARTNERING AGREEMENTS

Reference S8 Type Specialist core knowledge

Target Audience

Procurement and other staff who are actively engaged with partnering agreements

Duration 1 Day

Purpose Understand the nature of partnering agreements Emphasise the behavioural and trust concepts underpinning partnering Understand the decision and review structures of partnering Review the history of partnering between the public and private sector

Content The relationship angle

- high level relationships

- operational relationships

- developing trust

- open behaviour

- establishing a no blame culture

- changing the culture of organisations How are these different than a traditional contract?

- the partnering agreement and differentiation from a traditional contract

- the behaviours of those involved

- acknowledging that profit is positive achievement

- the concept of accountability The Partnering Board

- its constitution

- its terms of reference

- frequency of meetings

- agreeing a forward business strategy

- aligning the needs of both organisations The Operations Board

- its constitution

- its terms of reference

- frequency of meetings

- agreeing improvement plans Day to Day problem resolution

- the role of the respective contract managers

- recognising that there is a problem

- risk analysis Training the delivery team

- the content of the training

- the purpose of the training

- a typical training agenda Problem definition

- defining the problem

- ascribing the source of the problem

- preventing re-occurrence of the problem Continuous improvement



- the financial requirement

- the operational requirement

- cost reduction requirement

- efficiency targets Dealing with contingency provision

- declaring contingency provision

- accessing contingency funds

- VECP’s and the process for dealing with them Managing long-term cost

- the cost model

- monitoring cost movements

- benchmarking and the contractual implication

Delivery Style Discussion and tutor led problem solving and input

Course Materials

Course notes and extracts from long-term partnering agreements. Certificate of Attendance

Linked Courses

None

Course Information



Title

MANAGING CONTRACT DISPUTES Reference S10

Type Core knowledge

Target Audience

Procurement, audit, service managers and others likely to get involved in disputes

Duration 1 Day

Purpose Understand the seriousness of managing disputes Understand the range of options to deal with disputes Explain the potential roles and responsibilities

Content Triggers for disputes

financial imperatives

interpretation of contracts

unanticipated events

unrealised expectations

requested variations 5 levels of dispute resolution

what are the five levels

the consequences of escalating the levels Litigation

- retaining lawyers

- the cost of litigation

- the process of litigation Programme delay analysis

- linking to time and resource plans at the tender stage

- on site and off site work analysis

- accounting for delays Forensic research

- evidence gathering

- access to records

- dealing with sub-contractor dependencies Making claims

- what is a Heads of Claim

- what is allowable

- no double counting Writing a position paper

- description of the dispute

- sources of liability

- estimate of range of amounts involved

- options available

- estimate of costs

- recommended next steps Negotiating in a dispute scenario

- the implications of negotiating

- without prejudice

- who should negotiate

- the skills and knowledge required Who should be involved



- the interested in-house parties

- accountability of each individual

- the respective roles and briefs

Delivery Style Scrutiny of actual disputes including construction and services, problem solving scenarios

Course Materials

Course notes and reference sources. Certificate of Attendance

Linked Courses

Contract Law and Contract Management

Course Information



Title

MOBILISING FOR EFFECTIVE CONTRACT DELIVERY

Reference S9 Type Core knowledge and Career Development

Target Audience

Procurement and service managers actively engaged in shaping contract delivery

Duration 1 Day

Purpose Understand the process for ensuring effective contract delivery Understand the nature of confirming key dependencies Explain the practical implications of failing to mobilise for contract performance

Content Resources in place

- supplier confirms that all planned resources are in place

- buying organisation checks the resources against the tender resource plan

- grades of resources confirmed as matching planned costs Equipment in place

- where equipment is required all arrangements confirmed

- if plant hire equipment involved check ownership and risk

- delivery to site and off-loading arrangements confirmed In-house briefings

- all relevant staff informed of contract arrangements

- Health & safety planned

- dependencies identified where client provides support e.g. transfer of data

- if site relocation required for services all arrangements made On-site storage

- confirm if on site storage required

- bonded store organised

- Insurance arrangements confirmed

- Security arrangements confirmed Insurances in place

- confirm all insurances are valid

- confirm amounts appropriate

- log renewal dates for future action

- check impact on client insurance Key personnel appointed

- identify key personnel

- confirm availability

- confirm roles and responsibilities IT support in place

- confirm that all IT systems are in place

- ensure the correct IT hardware is in place

- confirm ownership when project ends Communication and reporting lines defined



- check communication protocol

- confirm reporting mechanism

- agree press releases Emergency planning complete

- check impact on emergency planning

- agree consequences of emergency arising Service delivery plan/equipment manufacturing plan complete

- ensure the necessary plans are in place and robust

- check slippage and critical path

- check risk management planning Long-lead items ordered and any CFE organised

- confirm that all long-lead items are ordered

- if CFE a feature check availability Accommodation available

- if site accommodation is required confirm arrangements

- examine security considerations Sub-contractors identified and contracts placed

- confirm that all sub-contractors are signed up to contracts

- when necessary check the detail of sub-contracting contracts TUPE/Pensions dealt with

- finalise TUPE arrangements

- confirm pension arrangements are finalised

Delivery Style Tutor led discussion, case studies and problem solving

Course Materials

Course notes in checklist form and reference sources. Certificate of Attendance

Linked Courses

Contract Award – key considerations



Course Information

Title

APPOINTING AND MANAGING EXTERNAL ADVISERS

Reference S11 Type Procurement planning

Target Audience

Project managers and project board members, in-house specialists

Duration 1 Day

Purpose Identify the areas where external advisers can add value to the procurement process Identify routes for procuring external advisers Build capacity in developing a scope of work for advisory support Explore approaches to the management of advisers

Content Advisory roles

- financial

- technical

- legal

- highly specialised service specific services e.g. security Adding value

- adviser or in-house provision?

- costs and benefits

- time scale

- specialist expertise

- capped fees

- due diligence on past performance Procuring advisers

- keep it simple

- existing frameworks

- limited time/cost appointments

- encouraging smaller firms The scope of work

- the scope of work

- indicative versus prescriptive

- finding out what you need to know

- allowing for the unexpected Managing advisers

- clear points of contact

- liaison meetings

- quality of staff

- output driven payments

- working as part of a team

- ‘on the clock’ charges

- Numbers attending meetings Long –term benefits



- skills transfer

- reduced costs for repeat business

- ideas from elsewhere

- networking

- access to knowledge bank


Course Materials


Linked Courses


Course Information



Title

WHAT COULD POSSIBLY GO WRONG WITH A PROCUREMENT?

Reference S13 Type Procurement planning

Target Audience

Project managers, project board members, those involved in developing procurement strategy

Duration 1 Day

Purpose Identify the main features of the procurement strategy template Explore the sections included in the template, building awareness of issues related Identify actions arising from each section applicable to organisations Identify guidance helpful in developing procurement strategies

Content Overview

- examples of delay and failure in a wide variety of procurements

- common themes and opportunities to mitigate risk Policy and governance

- changes in policy

- lack of wider buy-in

- short-term funding Risk management

- passing too much risk to supplier

- excessive supplier liability

- discouraging smaller players

- fixed price versus best price

- not identifying dependencies The competitive process

- over-complexity of procurement

- lack of specification

- forcing prices too low

- insufficient competition

- no courage to abandon the procurement

- supplier driven actions Resources

- insufficient funding for key personnel

- lack of in-house expertise

- under-estimation of input required

- lack of engagement by senior officers

- lack of negotiation expertise

- lack of technical competence

- no history of similar purchases Lessons



- spend enough, spend wisely

- just enough information

- realistic timescales

- commitment to long-term funding

- strategic vision

- value before price

- link payment to performance


Course Materials


Linked Courses


Course Information



Title

UNDERSTANDING FINANCIAL MODELS

Reference S12 Type Procurement planning, contract award

Target Audience

Project managers, project board members, those involved in business case development and tender evaluation

Duration 1 Day

Purpose Identify the main areas where financial models are used in the procurement process Explore the main features of a typical model Develop the capacity of non-finance specialists to appreciate the financial aspects of procurement process Improve financial planning and evaluation capacity

Content Information from financial models

- project budgeting

- affordability

- option appraisal

- tender evaluation

- performance management

- cost drivers

- supply chain costs

- contingency provision The project budget

- budgeting templates

- allowing for variances

- assumptions and delays Affordability and option appraisal

- assumptions

- building in risk

- optimism bias

- costs of delay

- discounted cash flow

- presenting results Tender evaluation

- features of bidder’s financial models

- real and nominal information

- funding costs

- summary sheets

- red flags and errors

- use of pro-forma outputs Performance management

- payment mechanisms and performance regimes

- calibration

- balancing risk and reward

Delivery Style Formal presentations, tutor led discussions, worked examples



Course Materials


Linked Courses

Constructing and effective Invitation To Tender

Tender Analysis skills

brian farrington ltd training directory 2010-11

Documents

european commission

tutor led

illegal direct

specific issues

basic treaty

personal presentationcourse

personal presentationcourse

problem solving