Contract and Commercial Management - The Operational Guide

Name: Contract and Commercial Management - The Operational Guide
Brand: Van Haren Publishing BV
Price: 66.99 EUR
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Katherine Kawamoto Mark David Tim Cummins(Author)

Van Haren Publishing BV

Published on 11. November 2011

657 pages

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978-90-8753-628-2 (ISBN)

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Content

Intro
Foreword: By the Board Members of IACCM
Preface
Acknowledgements
CHAPTER 1 Introduction: contract management - a global context
1.1 The challenge of choice
1.2 Impacts upon contracting
INITIATE PHASE
CHAPTER 2 Understanding markets and industry
2.1 Identifying potential markets
2.2 Market segmentation
2.3 Competitive analysis
2.4 Product definition
2.5 Contracts role in PLM
2.6 Identifying risks
2.7 Matching the agreement to the market
2.8 Summary
CHAPTER 3 Understanding requirements
3.1 Why requirements matter
3.2 Early involvement
3.3 Defining the role of requirements
3.4 Factors driving improved specifications
3.5 Increased frequency of volatility and change
3.6 Managing inevitable change
3.7 Strategic and cultural fit
3.8 What goes wrong
3.9 Five key milestones
3.10 Tools and techniques for ensuring milestones are met
3.11 Common causes for delay or failure
3.12 Summary
CHAPTER 4 Financial considerations - understanding cost and setting charges
4.1 Introduction
4.2 Bid strategy: why does cost matter?
4.3 The role of the contracts professional
4.4 Bid strategy: the importance of cost analysis
4.5 Contract standards as cost management tools
4.5 Contract standards as cost management tools
4.6 Contract terms as a cost management tool
4.7 Contract terms that can potentially reduce cost
4.8 Dependencies
4.9 Bid strategy - how to set your charges
4.10 Contract terms - differences that may have financial impact
4.11 Bid strategy - differences that may have financial impact
4.12 Pre-bid phase: cost/benefit analysis
4.13 Summary
CHAPTER 5 Aligning risk through financial modeling
5.1 Introduction
5.2 The importance of economic alignment
5.3 The basics of financial modeling
5.4 The MediaCity case study
5.5 Making judgments
5.6 Financial model elements
5.7 Some basic principles and terms
5.8 Pricing mechanisms
5.9 Gainshare and shared benefits
5.10 Other factors
5.11 Summary
CHAPTER 6 Routes to market - partnerships, alliances, and distribution and sourcing options
6.1 Primary types of contracts used in large businesses
6.2 Use of agents and representatives
6.3 Local, national and international laws
6.4 Identifying potential suppliers and relationships
6.5 Evaluating project scope
6.6 Options for contracting
6.7 Summary
CHAPTER 7 Request for Information
7.1 Request for Information - Pre-Bid phase
7.2 Selecting and assembling the RFI team
7.3 Beginning the RFI
7.4 RFI content
7.5 Change control and support
7.6 Experience and stability
7.7 Functional, technical and business requirements
7.8 Software and hardware requirements
7.9 Budgetary pricing
7.10 Support
7.11 Security requirements and considerations
7.12 Review, validation and distribution
7.13 RFI conclusion
7.14 Alternatives to an RFI
7.15 Supplier's perspective
CHAPTER 8 Undertaking a Terms Audit
8.1 Reasons for undertaking a Terms Audit
8.2 Purpose of a Terms Audit
8.3 Consequences of inappropriate terms
8.4 When to audit
8.5 The warning signs
8.6 Understanding impacts
8.7 Undertaking a Terms Audit
8.8 Sample audit
8.9 Summary
BID PHASE
CHAPTER 9 Bid process and rules
9.1 Introduction
9.2 Bidding process preliminaries
9.3 Bidding vehicles and when to use them
9.4 Supplier's requirements response
9.5 Scoring and ranking the suppliers
9.6 Managing the RFx process
9.7 Evaluating responses - overall score
9.8 Supplier notification and the BAFO process
9.9 BAFO process and final contract
9.10 Supplier award notification
9.11 Supplier post-award issues
9.12 Summary
CHAPTER 10 Request for Proposal preparation and content
10.1 Introduction
10.2 Defining, managing content and drafting bid requirements
10.3 Pricing information (seller only)
10.4 Security, health and safety requirements and consideration
10.5 Managing the evaluation process (buyers)
10.6 Summary
CHAPTER 11 Responding to a Request for Information or Request for Proposal
11.1 Introduction
11.2 Background: the procurement process
11.3 Identifying an opportunity
11.4 Execution of non-disclosure agreements
11.5 Contracts professional involvement
11.6 Why have a bid process?
11.7 Key elements of a bid process
11.8 The role of the contracts organization
11.9 Contract management - adding commercial value
11.10 The bid goes on
11.11 Approvals
CHAPTER 12 Request for Proposal management
12.1 Introduction
12.2 Role of the contracts professional
12.3 The RFP document
12.4 Supplier selection and RFP distribution
12.5 Contract negotiations
12.6 Notifying unsuccessful suppliers
CHAPTER 13 The influence of laws on the bid process
13.1 Introduction
13.2 Basic principles
13.3 The influence of laws: international summary
13.4 The influence of laws: UNCISG
13.5 Offer and acceptance
13.6 Conditional offers and revocation of offers
13.7 Problems with preliminary arrangements
13.8 Closing the deal
13.9 Pre-contractual negotiations
13.10 Arbitration and alternative dispute resolution
13.11 Local law: civil code versus common law
CHAPTER 14 Costs identification
14.1 Cost overview
14.2 Activity-Based Costing
14.3 Tax consequences
14.4 Allocations
14.5 Opportunity costs
14.6 Cost of poor quality
14.7 IT systems costs
14.8 Hardware costs
14.9 Software costs
14.10 Infrastructure costs
14.11 Personnel costs
14.12 Other costs
14.13 Consensus on approach
14.14 Credibility of assumptions
14.15 Risk assessment
CHAPTER 15 Opportunity evaluation
15.1 Introduction
15.2 Involvement
15.3 Preparation
15.4 Evaluating the scope
15.5 Assessing the risk
15.6 Avoiding reference pitfalls
15.7 Evaluating the relationship
15.8 Judging customer sophistication
15.9 Evaluating future opportunity
CHAPTER 16 Proposal preparation
16.1 Introduction
16.2 Is it worth bidding? The four critical questions
16.3 Understanding the customer
16.4 Understanding the customer - buying criteria
16.5 Understanding the competition
16.6 Reviewing and assessing risks
16.7 Working with the pursuit team
16.8 Responding to the RFP documents
16.9 Responding to the RFP documents
16.10 Characteristics of successful bidders
16.11 Customer contact
16.12 Green Team review
16.13 Red Team review
16.14 The Executive Summary
16.15 Bid submission
16.16 Negotiations and pricing
16.17 Relationship selling
CHAPTER 17 Evaluating the proposal
17.1 Overview
17.2 The evaluation framework
17.3 Primary categories
17.4 Product evaluation criteria
17.5 Intangible criteria
17.6 Other evaluation components
17.7 Implementing the evaluation framework
17.8 Alternative approaches
17.9 Factors for success
17.10 Summary
DEVELOPMENT PHASE
CHAPTER 18 Contract and relationship types
18.1 Introduction
18.2 The importance of relationships
18.3 Primary types of contracts used
18.4 Product and services contracts
18.5 Contracts for services
18.6 Solutions contracts
18.7 Outsourcing
18.8 Turnkey contracts
18.9 Summary
CHAPTER 19 Contract terms and conditions overview
19.1 Overview
19.2 Start right
19.3 Purchase contracts and why they matter
19.4 Areas that the contract should address
19.5 Types of contract and some issues
19.6 Separating business and legal terms
19.7 Key elements in contracts
19.8 Summary
CHAPTER 20 Technology contract terms and conditions
20.1 Introduction
20.2 A specialized discipline
20.3 Definitions
20.4 Scope of Use
20.5 License types
20.6 Assignment and rights to use
20.7 License versus ownership
20.8 Audits and compliance
20.9 Software maintenance services
20.10 Hardware contracts: overview
20.11 Performance
20.12 Support and maintenance services
20.13 Upgrades
20.14 Compatibility
20.15 Services contracts: overview
20.16 Statements of Work (SOWs) and milestones
20.17 Termination
20.18 Summary
CHAPTER 21 Term linkages, managing cost and risk
21.1 Overview
21.2 The challenges of term linkages, managing cost and risk
21.3 Contract structure
21.4 Negotiated terms
21.5 Active versus passive terms
21.6 Terms Audit
21.7 Term analysis
21.8 Shifts have impact
21.9 Paradigm shifts
21.10 Legitimate terms that miss the point
21.11 Performance cost of the deal
21.12 Acceptance provisions
21.13 Preferences - supplier versus buyer
21.14 Multi-country projects
21.15 Contract pricing arrangements
21.16 Summary
CHAPTER 22 Statement of Work and Service Level Agreement production
22.1 Introduction
22.2 What is an SOW?
22.3 Why is an SOW required?
22.4 Basic process for developing an SOW
22.5 How do SOWs and SLAs relate?
22.6 Service Level Agreement (SLA)
22.7 IACCM outsourcing survey
22.8 What is included in an SLA?
22.9 Other SLA considerations
22.10 Summary
CHAPTER 23 Drafting guidelines
23.1 Introduction
23.2 Clarity
23.3 Contracting transformation
23.4 The contract document
23.5 Why a written contract?
23.6 What form should be used?
23.7 Rules of contract interpretation
23.8 Other contract interpretation guidelines
23.9 Background to contract drafting
23.10 Drafting best practice
23.11 Before you start
23.12 Drafting a complete agreement
23.13 Amendments and attachments
23.14 Drafting techniques
23.15 Contract terminology
23.16 Writing style
23.17 Tools
23.18 Summary
NEGOTIATION PHASE
CHAPTER 24 Approaches to negotiations - framing, strategy and goals
24.1 Negotiations overview
24.2 Introduction to framing, strategy and goals
24.3 Framing
24.4 Goals
24.5 Strategy
24.6 Stages of negotiation
24.7 Leveraging your experience
24.8 Planning and tactics
24.9 Tools for establishing a negotiation foundation
24.10 Summary
CHAPTER 25 Negotiation styles - positional versus principled negotiations
25.1 Introduction
25.2 Perspective and precedent
25.3 Negotiation options: positional versus principled
25.4 Factors that influence your choice
25.5 Positional versus principled negotiation
25.6 Characteristics of positional negotiating
25.7 Characteristics of principled negotiation
25.8 Recognizing positional negotiation
25.9 Advantages and disadvantages of positional negotiating
25.10 Advantages and disadvantages of principled negotiating
25.11 Non-negotiable issues
25.12 Countering the positional negotiator
25.13 Is principled negotiation worthwhile?
25.14 Summary
CHAPTER 26 Negotiating techniques
26.1 Introduction
26.2 Preparation
26.3 Negotiation power
26.4 Abuse of power
26.5 Opening offers
26.6 Physical/logistical considerations
26.7 Connecting with the other side
26.8 What happens if there is no agreement?
26.9 Technological challenges
CHAPTER 27 Tactics, tricks and lessons learned
27.1 Introduction
27.2 The last gap
27.3 How to cross the last gap in negotiations
27.4 Competitive tricks and ploys
27.5 Another perspective
27.6 Summary
MANAGE PHASE
CHAPTER 28 Manage phase overview
28.1 Introduction
28.2 Manage phase overview
28.3 Contract management activities
28.4 Contract management software
28.5 Contract management resource planning
28.6 Communication
28.7 Summary
CHAPTER 29 Transition
29.1 Introduction
29.2 Contract management after signature
29.3 Contract analysis
29.4 What is 'the contract'?
29.5 Analyzing and understanding terms and conditions
29.6 Core contract elements analysis
29.7 Setting priorities
29.8 Transition meeting
29.9 Transition and organization
29.10 Transition - meeting goals
29.11 Summary
CHAPTER 30 Risk and opportunity
30.1 Introduction
30.2 Understanding risk and opportunity
30.3 Understanding and managing opportunity in contracts
CHAPTER 31 Monitoring performance, tools and techniques
31.1 Introduction
31.2 The contract management role
31.3 Post award contract management activities
31.4 Status reviews: internal
31.5 Status reviews: external
31.6 Typical issues and problems
31.7 Summary
CHAPTER 32 Change control and management
32.1 Introduction
32.2 The realities of change
32.3 Designing a change control procedure
32.4 Contract claim
32.5 When parties do not want a change control and management process
32.6 Case studies
32.7 Summary
CHAPTER 33 Dispute handling and resolution
33.1 Introduction
33.2 What is a dispute and what causes a dispute?
33.3 Common operational disputes causing ongoing problems
33.4 What does the contract say about dispute resolution?
33.5 Possible consequences of a formal dispute
33.6 How to avoid a dispute
33.7 Dispute handling and resolution: recovery
33.8 Resolution steps: from least to most complex
33.9 Solutions to disputes: negotiation
33.10 Solutions to disputes: mediation
33.11 Solutions to disputes: arbitration
33.12 Solutions to disputes: litigation
33.13 Case study: an actual dispute and how it was resolved
33.14 Summary
CHAPTER 34 Contract close-out and lessons learned
34.1 Introduction
34.2 Types of termination or close-out
34.3 Final acceptance
34.4 Final acceptance: actions
34.5 Expiry of term
34.6 Termination
34.7 Expiry of term or termination: actions
34.8 Close-out - key risks after the delivery of the contract
34.9 Continuing obligations
34.10 Lessons learned
34.11 Summary
Annex A Glossary
Annex B IACCM training
Index

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Contract and Commercial Management - The Operational Guide

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