EURO WINGS - Managing & Negotiating with Consultants & Contractors: Selecting, Developing & Working with Suppliers

Introduction

Consultants and Contractors can be a very effective option for all types of organizations. However, managing those individuals (or companies) is essential in achieving the desired costs and benefits your organization desires. This programme is designed to provide knowledge in:

• Sourcing & Selecting Consultants & Contractors
• Issues to be considered before the Tender Invitation and Key contractual clauses
• Raising the Invitation and Managing the Tender Process
• Contract type and language for best outcome with Consultants and Contractors
• Developing “Statements of Work” and Service Level Agreements as contract documents
• Monitoring, measuring Consultant and Contractor performance and Negotiations with Consultants and Firms Supplying Contractors

Objectives

Upon completion of this seminar, participants will know:

• How to evaluate bids and proposals
• What key clauses to include in contract documents
• Structure and application of incentive arrangements
• Best Terms & Conditions to protect your company
• Negotiation Planning and Strategy
• Monitoring and measuring Consultants and Contractors performance

Training Methodology

The training methodology will incorporate both theory and skill training components, utilizing both traditional lectures, as well as hands-on exercises, group discussions and case studies.

Organisational Impact

The organization will benefit by:

• Reduced cost of Contracts for Services
• Improved performance from Consultants and Contractors
• Reduced Risk to the organization from potential liabilities
• Higher productivity from personnel contracting for services
• Greater strategic focus of personnel contracting for Consultant and Contractor Services
• Improved control over on-time and on-budget delivery

Personal Impact

Attendees will gain by participation in the seminar as a result of:

• Increased skill sets in the management of Consultants and Contractors
• A greater sense of Professionalism
• Knowledge of World-Class practices
• Greater ability to negotiate and manage contracts
• Increased recognition by the organization because of improved performance
• Ability to control project progress and delivery against baseline

SEMINAR OUTLINE 

Establishing Contractual Relationships with Consultants and Contractors

• Introductions
• Purpose of the programme and objectives

Defining the Difference between Consultants and Contractors

• Role of Consultants & Responsibilities to Buyer
• Role of Contractors & Responsibilities to Buyer

Defining the Relationship with Consultants and Contractors

• Length of contract with consultant or contractor
• Type of work to be accomplished
• Reason for contracting out the work

Consultants & Contractor Firms Pricing Strategies

• Top Down Strategy - Market based
• Bottom Up Strategy - Cost recovery based

Sourcing & Qualifying Potential Consultants and Contracting Firms

• Basic planning assumptions
• Proactive sourcing & project scheduling
• Use of the Internet
• References from other known past users

Defining the Scope

• Statements of Work (SOWs) – work packages
• Service Level Agreements (SLAs) – Key Performance Indicators (KPIs)
• Importance to overall success
• Clear and Concise to both Buyer and Consultant/Contractor
• Establishing Milestones for future progress reporting

The Bidding and Bid Evaluation Processes

Invitations to Tender (ITT)/Requests for Proposals (RFP)/Requests for Quotation (RFQ)

• What type of request is best for a situation
• Why use competition?

Proposal/Bid Evaluation

• Bid evaluation schedule
• Compliance matrix
• Terms & Conditions Analysis
• Factors that Affect Comparability

Contract Pricing & Price Adjustments

• Fixed price or firm price?
• Costs Plus (Time & Materials); Incentive based pricing
• Contract Price Adjustment Criteria & Clauses
• Price Adjustments using Price Indices
• Price vs. Quality Factors – Value for Money

Cost Analysis of Proposals/Bids

• Reasons for Cost Analysis
• Requesting Additional Cost Information from Bidders
• Cost Estimating Methods

Negotiations and Contract Development

Negotiations Strategies and Techniques

• Supplier/Buyer Positioning – pre-cursor for the negotiation strategy
• With Consultants
• With Firms supplying Contractors
• How to Negotiate with Sole Source
• Incentive Arrangements – Structure and Application

Model Contract Formats

• Formats for Consultants
• Formats for Contractor Firms
• Important Contract Articles

Financial considerations

• Specifics of items included in base price
• Definition of expenses not included in base price
• Hourly/Daily/Weekly/Project rates

Progress Reporting and Payment

• Payment based on Milestones Achieved not Stage Payments (elapsed time)
• Payment terms – When, Where, How, Currency Net payment terms and currency

Termination of Contract

• Reasons for termination – Both Parties
• Processes of terminating

Confidentiality, IPR, Insurance and Warranties

Confidential Information & Non-Disclosure

• Need for Pre-contract arrangements
• Access to confidential or proprietary information
• Agreement not to use or divulge
• How long in force after contract is complete

Insurance Coverage

• What is insurable?
• How much insurance required?
• Nature of proof of insurance and possible impact
• What type of coverage
• Who bears the cost – Consultant/Contractor Firm or Buyer

Intellectual Property Rights–

• Definition of IPR - Patents, Design Rights, Trade Marks & Copyright
• Background & Foreground Rights
• Ownership rights and assignment

Warranties and Representations

• No Conflict with Consultant/Contractor other work
• Consultant/Contractor agrees to perform in professional manner

Restrictive Covenants

• Consultant/Contractor will not provide like services to Buyer’s competitors
• Will not publish without prior written consent of Buyer
• Will not use in advertising, sales promotion or publicity without prior consent

Contract Award and Performance Evaluation

Awarding of Contract

• Contract formation & contract effectiveness conditions
• Notification of successful bidder
• Notification of unsuccessful bidders
• Official signatures and start dates

Monitoring and Measuring Consultant Performance

• Performance based on Statement of Work
• Milestones and progress against them
• Project Management Processes

Monitoring and Measuring Contractor Performance

• Performance based on Statement of Work
• Individual project performance
• Work expectations

Contract Administration

• Ensuring performance of Consultant/Contractor as Invoiced
• Resolving issues/problems from either party
• Preparation for Renewing Agreement
• Preparation for Terminating Agreement

Final Learning Review and analysis

• Delegate feedback forms
• Analysis against objectives