Procurement Contracting

Skills

6-Week Online Program

It is critical that today’s procurement leaders be equipped with solid contract drafting, developing and management skills (including interaction with legal support groups) in a professional manner. Learn how to turn the contracting process into a strategic tool that empowers the supply management organization.

How to Draft, Negotiate and Administer Effective Procurement Contracts?

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Here's How Our 3-Step Learning Process Can Help You

Join this asynchronous learning program and attend from anywhere, anytime conveniently. Our interactive learning platform follows a proven 3-step learning path as outlined below.

Learn Innovative Trends in Procurement Contracts

We will teach you the latest trends in procurement contracts and how they are used by leading companies and governmental agencies.

Expand Your Knowledge Through Discussions

You will have the opportunity to interact with your coach through forums and expand your knowledge as you progress with the learning activities.

Do Exercises and Get Feedback from Your Coach

You will work with our practical exercises and submit to your coach for review to ensure that you are ready to apply the knowledge immediately.

Join as an Individual or a Team and Learn at Your Convenience.

What You Will Learn in 6 Weeks?

Week 1 – The Value of Strategic Contracting

Benefits of Strategic Contracting
The State of Contracts Management in Top Organizations
What is a Contract vs. an Agreement?
What Transactions Should Be Under Written Agreements?
Contracting Management vs. Contracts Management

Best Practices for the Phases of Strategic Contracting

Phase 1 – Developing Contracts
Phase 2 – Negotiating Contracts
Phase 3 – Executing Contracts
Phase 4 – Measuring Contractual Relationships
Phase 5 – Nurturing Contractual Relationships
Phase 6 – Transitioning Contractual Relationships

Week 2 – Metrics That Matter – Measuring & Managing Contract Portfolios

KPIs, CTQs, and SLAs
Key Metrics to Manage Contract Portfolio Performance
Report Formats for Management

Success Factors in Pro-Active Contracting

Pro-Active vs. Re-Active Contracting (Solicitation & Advance Negotiation Techniques)
Key Questions
Tangible vs. Intangible Acquisitions
Use of Contract Lifetime Management (CLM) Technologies which Empower Strategic Contracting; Key Functionality (Risks vs. Rewards)

Week 3 – Trends in Contract Formation

Contract Formats – Master w/SOW vs. Single Document
Modular Sections (General vs. Special Conditions)
Template Agreements
Approved Fallback Clauses
“Legalese” versus Business language
The Rule of Ten
Proper Sentence Structure
Referencing of Terms in Master Agreement
Individual Exercise – Drafting a Contract Element

Laws Governing Contracts

Choice of Governing Law and Venue
Requirements for a Valid Contract to Exist
Convention on the International Sale of Goods (CISG)
Country Law vs. CISG
Recent Changes to UCC Article 2
Common Law (USA)
International Contracting for Services
Principles of Agency
Authorized Parties

Week 4 - Key Contract Components

Master Agreements; Exhibits & Schedules; Sections & Clauses; Subsections & Paragraphs; Statement of Work (SOW)
Terms vs. Conditions – What Are They?
Riders & Amendments

Knowledge of Legal Terms

Importance of Legal Involvement; Tips for simplifying Legal involvement
Understanding confusing legal and technical terms
Risk Management – Balancing Indemnification and Insurance Protections
Overview of key general terms; liability implications
Legal Review Matrix

Week 5 - Contract Special Conditions

Overview of key special conditions (Licensing; Insurance; IP Right Transfer; Limitation of Liability; Indemnification; Harmful Code, etc.)

Statement of Work Development

Definition of a Statement of Work (“SOW”)
Four Types of SOW: Functional, Performance, Design, & Level of Effort
Sources of Information to Create a SOW
The Role of a SOW in the Solicitation Process
Examples of SOW Structures (Review of Actual Examples)
Tips on Writing an Effective SOW
Building Supplier Performance Metrics into a SOW
Contract Management “Life Cycle” Responsibilities

Week 6 – Managing Supplier Performance under a Negotiated Contract

Monitor Performance & Benchmarking
Supplier Performance Management Scorecarding

Dispute Resolution Tactics (Mediation, Arbitration, Litigation)

Key methods: Escalation, Mediation, Arbitration, Litigation
Differences between facilitative mediation vs. evaluative mediation

Our Students Represent World-Class Organizations Around the World

Learn with Mark Trowbridge, CPSM, C.P.M., MCIPS

His 35+ years in procurement includes supply management leadership positions in the Services, Financial, & Manufacturing sectors, eventually, as Director of Strategic Sourcing & Contracting Management for Bank of America, a global financial services company, where during his last two years with the enterprise, his areas of responsibility delivered $250 Million in savings through sourcing and key negotiations of traditional and non-traditional acquisitions.

For the last 20 years, Mark has experienced great success in procurement consulting, exceeding targeted savings objectives on procurement transformation projects in the Oil/Gas, Mining, Telecommunications, Agricultural, Governmental, Food Service, Technology, Chemical, Health Care, Banking, Manufacturing & Insurance sectors. During his decades-long consulting tenure, Mr. Trowbridge has assisted clients in capturing hundreds of millions in cost reductions.

He is one of the original founders of Strategic Procurement Solutions, LLC. Mr. Trowbridge holds a Bachelor's Degree in Business Administration from Pepperdine University. He earned his Certified Purchasing Manager (C.P.M.) designation from the Institute for Supply Management (I.S.M.) in 1993, and Lifetime Certification in 2003. He also is a Certified Professional in Supply Management (CPSM). His MCIPS certification was granted by CIPS in 2011. Mark is currently an active member of the I.S.M., CIPS, and the National Contract Management Association. Mark has served on the I.S.M. committee that creates and reviews certification questions in the CPSM test modules.

He is an invited guest speaker for supply management groups, including numerous seminars for global clients and professional associations. He has been a featured speaker in nearly all of the last 18 I.S.M. annual conferences. His LinkedIn profile is among the 1% most-viewed out of that organization's 250 Million members. Mr. Trowbridge has written articles for Supply Chain Management Review-Journal, eSide Supply Management, and Inside Supply Management Magazine.

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