--- To enhance the value and performance of procurement and SCM practitioners and their organizations worldwide ---

1 year access to Beyond the Basics of Contract Writing - 3953

Non-Member Price:$299
Member Price:$199

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7 CEHs

This online course is designed for experienced purchasing and supply management professionals to analyze and draft various types of contracts. Participants should have fundamental knowledge of business contracts, purchasing law, and the UCC prior to taking in this course.

I. Assessment of Needs and Supplier Selection

  • Assess needs within the purchasing organization
    • Describe steps necessary to determine needs to be met by a contract
    • Describe and apply process for identifying resources
    • Identify appropriate performance indicators / standards for a contract
  • Determine appropriate process / criteria for supplier selection:
    • List and describe steps used for supplier selection in federal government contracting
    • Describe purpose and process of obtaining a price quotation
    • Describe purpose and process of requesting a contract proposal
  • Identify procedures analyzing contract bids / proposals to award a contract

II. Identification of Contract Type and Contract Outline

  • Classify contract on basis of its subject matter, pricing, carriage and performance schedule:
    • Identify legal ramifications between goods and services contracts
    • Describe three fixed-price and two cost-based approaches to pricing
    • Distinguish between carriage and non-carriage contracts
    • Describe three different performance schedules
  • Identify sample language / templates appropriate for a contract and determine what provisions require review by legal counsel prior to finalization:
    • Identify three sources of sample contract language
    • Identify specific provisions that requires review by legal counsel
  • Review general contracting issues and identify words that need to be defined:
    • Identify seven general contracting issues to be answered prior to drafting any contract
    • Explain importance of defining certain words to be used within a contract

III. Contract Drafting

  • Identify operational language to achieve the desired end results:
    • Identify key elements of a statement of work
    • Describe how warranties may be created
    • Explain importance of inspection and acceptance procedures
    • Describe how performance schedules and payment arrangements may be interrelated
  • Determine applicability of other contract terms:
    • Describe applicability of Confidentiality, Indemnification, Termination/Cancellation and Dispute Resolution clauses to a contract
    • Describe purpose of Force Majeure, Choice of Forum, Choice of Law, Severability and Waiver provisions

IV. Supplier's Perspective/Negotiation/Finalization

  • Anticipate contract-related concerns of the supplier and develop approaches to negotiating final contract language with an eye to maximizing the satisfaction of both parties:
    • Identify four major issues of concern to contractors when they enter into contractual relationships
    • Describe three approaches for alleviating or minimizing the impact of supplier's contracting concerns
    • Distinguish between negotiating a contract and negotiating contract language
    • Describe how a supply management professional might approach four different contract negotiation scenarios
  • Identify specific provisions within any contract that requires legal counsel review:
    • Identify appropriate procedures for contract finalization
    • Describe relationship between contract formation and contract performance

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