Contract Management Workshop

Contract Management Workshop

Objective /Benefits


Course Description

This programme is designed to ensure that participants discover the logic behind contracting principles and practices, and learn the terms, techniques, and tools for managing a contract effectively. They will also learn to ensure successful procurements by gaining an understanding of the roles, responsibilities, and expectations of the internal and external stakeholders involved in the procurement chain and contract management.
In this skills-building course, participants will spend 70% of class time working on contracting activities, from requirements, documentation through to contract closure.
Participants will also learn the elements that make or break a contract.

Course Objective
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At the end of the programme, participants will have a more profound understanding and knowledge of the following areas:-
•    Important and basic requirements of Contract Act 1950
•    Steps and stages of contract management from needs analysis to closure
•    Terms and terminology of contracting and procurement
•    Legal requirements of contracts and their implications / Obligations
•    Understand key areas of risk in a contract
•    How to avoid unwittingly varying your contract
•    Getting to know your contract
•    Establishing an appropriate relationship with your contractor
•    Setting up systems to manage your contract effectively
•    How to manage your communications and contract-related documents

Wo Should Attend
Anyone involved in contracting of any kind. Whether a team member, project manager, or executive, this course will put the mechanics of procurement into perspective.

Training Methodology will be based on the following
:   Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
:   Short Video Presentation
:   Mind Mapping and Recap Sessions
:   Workshop Session – allowing participants to have a hands on participation in the application of Planning, implementation, execution and compliance inspections strategies and work in synergy with other participants
:   Ice Breaking / Monotony Breaking Sessions – Purpose of rejuvenating the mind 

Duration: 2 days (Daily 9am – 5pm)

 


Program Outline

Course Outline 

Day 1    
•    Contracts Act 1950
-    Overview
•    Elements of a valid Contract
-    Offer, Acceptance, Intention to create legal relationship, consideration, certainty, capacity
•    Non-disclosure clause
•    Restraint of Trade clause
•    Terminology - procurement and contracting
•    Contract definition - practical and legal
•    Purpose of contracts
Tea break    
•    Risk transfer through contracting
•    Definition of a successful contract
•    Communications chain
•    Contract types
•    Consequences of wrong contract management
-    Voidable Contracts – elements
-    Void / Illegal Contracts – elements
-    Contract Discharged – Breach, Frustration, Performance
•    Remedies 
-    Specific Performance
-    Damages
-    Restitution
•    Subcontracting
•    Case studies
•    Mind Mapping
Lunch    
•    Short Video Presentation.
•    Contractor Selection Matrix
•    Due Diligence
•    Sourcing
•    Proposal Evaluation
•    Negotiation Phase  
-    Basic Methods 
Tea break    
•    Classroom Session on the following:-
–    Identifying elements of a Contract based on case study basis
–    Identifying contract type
•    Group Presentation
•    Wrap Up
o    Mind Mapping and recap

Day 2
•    Recap Session
•    Common terminologies in a contract
•    Case Study on samples of contracts
•    Standard / Generic Terms
•    Specific terms
Tea break      
•    Drafting Methodology
-    Formation of Contract – Elements
-    Terms – Condition,
Warranty, nd Innominate terms
•    Participants will be segregated into different groups and prepare a
draft of a contract for a particular service.
•    Group Presentation on the above
Lunch     
•    Contractor / Vendor relationship management
•    Monitoring performance
•    Contract change controls
•    Amendment of contract terms 
•    Performance reviews
•    Consequence Management- How to manage non-compliance
•    Classroom discussion on Compliance Inspection methodology
Tea break    
•    Procurement audits
•    Negotiated settlements
•    Contracting problems and their solutions
•    Ingredients for contracting success
•    Lessons Learned
•    Mind Mapping
•    Q&A

Profile


TRAINER PROFILE - SURESH KUMAR

S. Suresh Kumar is a trained and certified Risk Management professional in the area of Supply Chain Management and Brand Protection. He attained his Bachelors Degree in Law from the University of Wolverhampton (UK). He then went on to be trained and certified as an auditor and practitioner in the specialized area of Risk Management under the auspices of United States of America Customs and Border Protection(CTPAT Standards); and; Transported Asset Protection Association (TAPA Standards), Asia. He is also a Human Resources Development Trainer certified by the Human Resources Ministry.

He is currently the Managing Director of Paradigm Resources (his own business entity), specialized in providing risk management / assessment services for internal / external associates; Consultation on Brand Standards / Management / Protection; Contract Management; Outsourcing & Subcontracting; and; Human Resources training and development programmes on various specialized topics, predominantly, Risk Management related subject matters, either on an one off  or Project basis.

Due to his passion for training and knowledge sharing, he is also currently a Lecturer for Asia e University, lecturing both undergraduate and post graduate students on Risk Management module.

With his background of a law degree, he is able to invoke legal implications in his programmes to make it more comprehensive and value added substance. In addition,  his fluency in English and Bahasa Malaysia enables him to conduct training programmes effectively in both languages.

Prior to his involvement in this field, the facilitator has wide working experience throughout his 15 years of working career in the specialized area of Risk Management, Security Management and Investigations (HR, Security (Operational and Information Security) and Safety, Corporate Governance and Ethics). Being a Head of Department in each of this portfolios, he has acquired substantial job related knowledge and experience in sectors comprising of Manufacturing, Telecommunications, Hospitality Management (Brand Standard & Management) and Contract Manufacturing (Brand Protection and Management).  He is also a trained Workplace Counselor and by virtue of his portfolio of having to deal with people of different job hierarchy, he has very profound people management skills, negotiation skills and effective interaction skills. His previous employers and related portfolios were as follows:-

> Infineon technologies (M) Sdn Bhd – Security Manager (Backend Manufacturing Plant, Melaka)
> Celcom Axiata Sdn Bhd – Manager, Head of Risk Management (Nationwide)
> Rennaisance Melaka Hotel (Marriott International) – Loss Prevention and Brand Standard Manager ( Melaka Hotel Facility)
> Flextronics Penang -  Loss Prevention Manager ( 5 Contract Manufacturing Sites in Penang)

Project Involvement and Lead
> Enhancement Project of Campus wide Access Control and CCTV System
> Anti Fraud Awareness Lead
> Information & Data Protection Policy and Enforcement Project Plan Lead
> Setting up Framework for Corporate Governance and Ethical Conduct
> Ethics Awareness Programme
> Social Accountability 8000 (SA 8000) compliance project
> Site enhancement based on established standards ( OSH, ESH, EMS,CTPAT, TAPA)
> Environmental, Occupational Health and Safety Management System for Site
> Environmental, Occupational Health and Safety Training for plant wide employees and     Contractors ( Contractors Green Card Programme)
> ISO 14001 and OHSAS 18001 Environmental, Occupational Health and Safety Audit for Site and Contractor’s Site (Quarterly Awareness Training and Compliance Audits0
> Campus wide risk assessment to support customer requirements and potential customer     requirements, inclusive of external warehouse loss prevention requirements and compliance inspection based on EHS, EMS, PDPA 2010 and Supply Chain Security Standards (TAPA & CTPAT)
> Risk assessment for a newly Flextronics Research and Development Centre in Manila, Philippines based on on EHS, EMS, Supply Chain Security Standards (TAPA & CTPAT)
> Warehouse (Internal /External) Audits – Operations and Information Security Standards
> Transport Security requirement and compliance audit (Replacement of Third Party Escort Services with In built Security features)
> Outsourcing & Subcontracting of Business and Manufacturing Process
> New Site set up and critical infrastructure planning for the Flextronics Penang Mechanical fab.
> Setting up of Crisis Management Team and functionality in collaboration with the Melaka State Crisis Management Team
> Plant wide Access Control System & Digital Patrolling System.
> Security and Safety Enhancement Project for Chip Card Business at Wuxi, China.
> Sub-Contractor Site Business Process, Security, Safety and Business Continuity Standards Enhancement Project
    - Munich, Germany
    - Manila, Philippines.
    - Nantong, China.
    - Melaka, Malaysia
> Supply Chain Security Enhancement Project
    - Warehouse (Internal/External) Audits
    - Route Audit.
    - Ground Handling at Cargo Area - Malaysian Airlines System (MAS), Manila Airport, Philippines &    
      Pudong Airport, China.


Professional Recognition
•    Supply Chain Security Practices & Risk Management Methodology recognized, absorbed and gazetted by Royal Malaysian Customs as guidelines for Customs Golden Client application.
•    Trained Workplace Counsellor
•    Trained and Certified Information & Data Security Auditor
•    Television interview by National Hong Kong Television (NHK TV) on Crisis Management of the missing Malaysian Aircraft (MH370)