SlideShare una empresa de Scribd logo
1 de 74
Descargar para leer sin conexión
Brian Farrington Ltd



Brian Farrington Ltd
Commercial Courses
©Brian Farrington Ltd 2010




Rainford Hall
Crank
St Helens
WA11 7RP

Tel: 01744 20698
Email: info@brianfarrington.com




                                  2010
Brian Farrington Commercial Courses

Table of Contents
PLANNING THE PROCUREMENT STRATEGY ............................................................ 3
COMMERCIAL ACUMEN FOR NON-PROCUREMENT SPECIALISTS ......................... 5
SUSTAINABLE PROCUREMENT – STRATEGIES AND PRACTICE ............................. 7
ENGAGING WITH VOLUNTARY AND COMMUNITY ORGANISATIONS – THE
THIRD SECTOR ............................................................................................................. 9
MANAGING THE PROCUREMENT FUNCTION ......................................................... 11
PROJECT MANAGEMENT AND PROJECT MANAGEMENT METHODOLOGY ......... 13
VFM COLLABORATIVE PROCUREMENT .................................................................. 15
E-PROCUREMENT – A PRACTICAL INSIGHT ........................................................... 17
SUPPLIER RELATIONSHIP MANAGEMENT ............................................................. 19
PROCUREMENT AND ORGANISATIONAL STRATEGIES ......................................... 21
EU PROCUREMENT LEGISLATION ........................................................................... 23
UK PROCUREMENT LEGISLATION ........................................................................... 25
THE LEGAL CONTENT OF AN INVITATION TO TENDER ........................................ 27
CONTRACT LAW – IMPLIED VERSUS EXPRESS OBLIGATIONS ............................. 28
IT SYSTEMS AND SOFTWARE PROCUREMENT ................................................ 29
SPECIFICATION AND QUALITY MANAGEMENT...................................................... 31
SUPPLIER EVALUATION AND SELECTION TECHNIQUES ...................................... 33
CONSTRUCTING AN EFFECTIVE INVITATION TO TENDER ................................... 35
MANAGING THE TENDER PROCESS ......................................................................... 37
TENDER ANALYSIS SKILLS ....................................................................................... 39
CONTRACT AWARD – KEY CONSIDERATIONS ........................................................ 41
CONTRACT MANAGEMENT SKILLS .......................................................................... 43
POST CONTRACT AWARD CONSIDERATIONS ........................................................ 45
“FOOD” PROCUREMENT ........................................................................................ 47
“CONSTRUCTION” PROCUREMENT .......................................................................... 48
PREPARING FOR PURCHASING MANAGEMENT ..................................................... 49
THE PURCHASING CONTRIBUTION TO LONG-TERM BUSINESS PLANNING ....... 51
ORGANISING TO PROCURE ....................................................................................... 53
PROCUREMENT FRAUD............................................................................................. 55
TERMINATING CONTRACTS – COMMERCIAL AND LEGAL CONSIDERATIONS ... 57
PROCUREMENT IN LOCAL GOVERNMENT .............................................................. 59
FINANCE FOR NON-FINANCIAL SPECIALISTS ........................................................ 61
MANAGING PARTNERING AGREEMENTS................................................................ 63
MANAGING CONTRACT DISPUTES ........................................................................... 65
MOBILISING FOR EFFECTIVE CONTRACT DELIVERY ............................................ 67
APPOINTING AND MANAGING EXTERNAL ADVISERS ........................................... 69
WHAT COULD POSSIBLY GO WRONG WITH A PROCUREMENT? .......................... 71
UNDERSTANDING FINANCIAL MODELS .................................................................. 73




  ©Brian Farrington Ltd 2010                                                                                      Page 2
Brian Farrington Commercial Courses

                                 Course Information

Title
              PLANNING THE PROCUREMENT STRATEGY
              Reference PS1
Type          Core knowledge
Target        Purchasing staff who are responsible for high value purchases and high risk
Audience      purchases
Duration      1 Day
Purpose       Understand the need for planning a procurement strategy at the outset
              Understand the prime facets of a procurement strategy
              Understand the format and content of business cases
Content       Establishing the need
                  - defining the commodity group and possible quantity requirement
                  - specification requirements
                  - special characteristics of the purchase
                  - risk issues
              Understanding current supply arrangements
                  - historical demand and supply considerations
                  - profiling the supply market
                  - the contractual nature of existing requirements
                  - performance requirements
              Supply market research and analysis
                  - purchase research methodologies
                  - access to market reports
                  - sources of supply market data
                  - analysis of the supply market, including quality and environmental
                      considerations
              Procurement strategy template
                   key facets of the template
              Planning, defining and agreeing preferred procurement strategy,
              including e-procurement considerations
                  - authorisation of strategy
                  - impact of Gateway review
                  - impact of e-procurement
                  - reverse auctions
              Traditional contracting or partnering
                  - the strengths and weaknesses of traditional contracting
                  - the strengths and weaknesses of partnering
                  - how Partnering Boards operate
                  - agreeing long-term service innovation and continuous improvement
              Outline Business Case
                  - current cost base
                  - implementation costs
                  - cashable benefits
                  - client side management
                  - qualitative benefits
                  - assumptions




 ©Brian Farrington Ltd 2010                                                         Page 3
Brian Farrington Commercial Courses

                 Full Business Case
                     - strategic fit
                     - options appraisal
                     - commercial aspects
                     - affordability
                     - achievability
                 Supply positioning Matrix
                     - strategic security
                     - strategic critical
                     - tactical acquisition
                     - tactical profit
                 Supplier preferencing
                     - what it is
                     - the supplier’s profiling of the buying organisation, relationships and
                        drivers
Delivery Style        Tutorial discussions, preparing a mock strategy, case study and
                        preparing a strategy template
Course                Notes, suggested template and Certificate of Attendance
Materials
Linked                  The purchasing contribution to long-term business planning
Courses




 ©Brian Farrington Ltd 2010                                                             Page 4
Brian Farrington Commercial Courses

                                Course Information

Title
              COMMERCIAL ACUMEN FOR NON-
              PROCUREMENT SPECIALISTS
              Reference PS2
Type          Professional appreciation
Target        All non-procurement specialists who require commercial acumen within their
Audience      role
Duration      2 Days
Purpose       Explain the commercial considerations when procuring goods and services
              Understand the issues around pricing decisions and relevance of costs
              Explain the relevance of contractual clauses to commercial judgments
Content       Price and cost considerations
                   - the range of pricing strategies
                   - exposing cost drivers
                   - clarifying price differentials at the tender stage
              Supplier’s cash flow
                   - the cost of money
                   - milestone payments and valuations
                   - payments discounts
              Supplier’s pricing decisions
                   - absorption costing
                   - knowing the buying organisation
                   - pricing for contingency
              Dealing with contingency
                   - exposing contingency provision
                   - creating the contingency fund and methods for accessing such a fund
                   - risk profiling
              Gainshare/Painshare agreements
                   - gainshare agreements
                   - the provision for damages
                   - involving the supply chain
              Conducting due diligence
                   - financial
                   - operational
                   - supply chain
                   - past track record
              Negotiation skills
                   - when to negotiate
                   - the impact of standing orders and EU procurement directives
                   - developing the skill of negotiation
              Managing contract change
                   - assessing price changes
                   - assessing impact on project programme
              Performance Bonds
                   - the types of bonds
                   - the wording of bonds
              Parent Company Guarantees
                   - assessing the parent company
                   - risk provision


 ©Brian Farrington Ltd 2010                                                       Page 5
Brian Farrington Commercial Courses

                 Imposing Damages for contract non-performance
                      - liquidated damages
                      - unliquidated (consequential loss) damages
                      -
                 Key contract clauses
                      - sample clauses including Escrow, Change of Law and change of
                          ownership
                 Right of Audit clauses
                      - the content of the clause
                      - applying the right of audit in practice
                      - dealing with the findings
                 Supplier visits
                      - organising the visit
                      - who to see
                      - what are we looking for
                 Ethical issues
                      - ethical considerations
                      - hospitality
                 Prevention of corruption
                 - the Prevention of Corruption Acts
Delivery Style         Tutor input, discussion group work, case studies and solution analysis
Course                 Course notes and reference material and Certificate of Attendance
Materials
Linked                  Planning the procurement strategy
Courses




 ©Brian Farrington Ltd 2010                                                            Page 6
Brian Farrington Commercial Courses

                                 Course Information

Title
              SUSTAINABLE PROCUREMENT – STRATEGIES
              AND PRACTICE
              Reference PS3
Type          Core knowledge
Target        Procurement and other officers engaged in implementing sustainable
Audience      procurement strategies and practice
Duration      1 Day
Purpose       Develop a common understanding of sustainable procurement
              Provide tools and techniques of defining sustainable impacts
              Help procurement specialists understand the benefits of incorporating
              sustainability into the procurement process
              Provide an understanding of the benefits of engaging the supply chain into
              sustainability strategies
Content       What is sustainable procurement?
                  - definition
                  - general principles
                  - category specific examples e.g. landfill tax
              Risk based approach to sustainable procurement
                  - Basic risk management
                  - Why the environment is a risk
                  - Climate change
                  - Resource depletion
                  - Emissions
                  - Waste
                  - pollution
              Risk to the organisation from the environment
                  - reputational
                  - supplier failure
                  - legal compliance
                  - environmental taxation
                  - health impacts
              Sources of environmental procurement risks
                  - supplier performance on own site
                  - supplier performance on buyer’s site
                  - supplier provided goods and services
              Control and management
                  - consumption reductions
                  - seek green options
                  - evaluate cost/benefits
                  - green supplier selection
                  - green design
                  - green specifications
              Sustainable procurement assessment toolkit
                  - prioritising categories
                  - demand review
                  - action planning
                  - specification checklist
                  - whole life cycle cost model


 ©Brian Farrington Ltd 2010                                                          Page 7
Brian Farrington Commercial Courses

                 Regulatory and guidance sources
                    - BS EN ISO 14001 Environmental Management
                    - RoHS Regulations (Statutory Instrument S12008 No37)
                    - WEEE Directive
                    - Local Government sustainable procurement strategy
Delivery Style       Case studies, tutor input and tutor led problem solving
Course               Course notes in checklist form and Certificate of Attendance
Materials
Linked                 Planning the Procurement Strategy
Courses




 ©Brian Farrington Ltd 2010                                                          Page 8
Brian Farrington Commercial Courses

                                  Course Information

Title
              ENGAGING WITH VOLUNTARY AND
              COMMUNITY ORGANISATIONS – THE THIRD
              SECTOR
              Reference PS4
Type          Core knowledge, Awareness and Practical Application
Target        Commissioning, procurement, finance and service delivery staff engaged or
Audience      likely to become engaged in procurement from third sector organisations
Duration      1 Day
Purpose       Understand the range of services available from the third sector
              Understand the value added potential from the third sector
              Explain the difference between grant funding and procurement of goods and
              services from the third sector
Content       The Third Sector – range of capabilities
                   - reference to drug treatment, rehabilitation, asylum support services,
                        children’s services, adult social care and crime and disorder reduction
                        partnerships
              Scale, scope and organisational models for the third sector
                   - the emphasis on SME’s
                   - the scope of the third sector
                   - organisational models
              Contract social clauses
                   - community benefits
                   - added value services
                   - drafting the clauses
              Relevant Government policy
                   - Value For Money
                   - practical guidance
                   - reducing barriers
                   - creating level playing fields
                   - the myth that EU Procurement is a barrier
              Value added from the third sector
                   - community links
                   - specialised knowledge
                   - no institutional pressures
                   - innovation
                   - responsiveness
                   - niche markets not generalists
              Pricing considerations
                   - not for profit
                   - full cost pricing considerations and impact
                   - return on investment considerations
              Benefits and barriers to working with the third sector
                   - access to finance
                   - charities competing fro funding
                   - back office capacity and organisation




 ©Brian Farrington Ltd 2010                                                             Page 9
Brian Farrington Commercial Courses

                 Four key areas where action is needed
                    - commissioning
                    - procurement
                    - learning
                    - accountability
                 Using the flexibility inherent in European procurement legislation
                    - contracts falling outside the provisions of EU Procurement Directives
                    - supported businesses and the Special Contracts Arrangements
                    - procurement fully subject to the EU Procurement Directives and
                        partially exempt procurement
Delivery Style       Tutor input and discussion plus practical considerations of
                        procurement
Course               Course notes and checklists and Certificate of Attendance
Materials
Linked                 EU Procurement Directives
Courses




©Brian Farrington Ltd 2010                                                         Page 10
Brian Farrington Commercial Courses

                                 Course Information

Title
              MANAGING THE PROCUREMENT FUNCTION
              Reference PS5
Type          Practical application
Target        Procurement Managers, procurement staff preparing for management and
Audience      managers with significant procurement involvement and/or accountability, e.g.
              Finance Directors.
Duration      2 Days
Purpose       Understand the essential facets of procurement management
              Explain the strategic and policy requirements of procurement
              Understand the requirement for long-term risk management processes to deal
              with the supply chain
              Understand the need for financial, contractual and operation knowledge
Content       The role and influence of procurement
                  - procuring goods and services from third parties
                  - impact on service delivery
                  - managing risk and opportunity
              Managers – key roles and functions
                  - process, roles and tasks
                  - public and private sector approaches
                  - impact of stakeholder groups
                  - managing stakeholders
              Ethics and social responsibility
                  - social responsibility and ethics
                  - ethical codes and rules
                  - organisational goals and strategy
              Span of control and job design
                  - span of control, advantages and disadvantages
                  - the six tenets of job design
              Management decision making
                  - tools for decision making
                  - problem solving approaches
              Policies, procedures and controls
                  - essential policies
                  - process mapping
                  - designing appropriate controls
                  - audit regimes
              Organisation structures
                  - centralised operations
                  - delegated operations
                  - consortia
              Category analysis
                  - identifying appropriate categories
                  - coding and classification
                  - aggregation potential
              Supply base analysis
                  - the Pareto distribution
                  - data provision and analysis
                  - expenditure and risk assessment
              Marketing procurement
                  - understanding stakeholders and their needs

©Brian Farrington Ltd 2010                                                        Page 11
Brian Farrington Commercial Courses

                    - growing supplier interest
                    - simplifying tender procedures
                 Procurement competency profiling
                    - identifying the competencies, skills and knowledge
                    - designing the metrics
                    - public sector differentiators
                 Measuring and reporting procurement performance
                    - inputs, outputs and process
                    - balanced scorecard
                    - relevant management information
                 Managing improvement
                    - continuous improvement
                    - demanding targets
                    - rewarding personal achievement
                    - motivational tools
                 Drivers of change
                    - legislation
                    - costs of service
                    - public demand
                    - emergencies
                 Employment legislation
                    - employment legislation – an outline
                    - TUPE
                    - contractors
                    - employee rights in a disciplinary process
Delivery Style       Tutor led discussions, case studies and problem solving scenarios
Course               CIPS Level 5 Study Guide and Certificate of Attendance
Materials
Linked                  Planning the Procurement Strategy
Courses




©Brian Farrington Ltd 2010                                                         Page 12
Brian Farrington Commercial Courses

                                 Course Information

Title
              PROJECT MANAGEMENT AND PROJECT
              MANAGEMENT METHODOLOGY
              Reference PS6
Type          Procurement strategy and professional awareness
Target        Current and potential project managers, others involved in project delivery
Audience
Duration      2 Days
Purpose       Identify the stages in the project management process
              Explain how to build and manage project teams
              Explain the principles of project planning and time management
              Explore examples of project management methodologies

Content       Overview
                  - the nature of project management
                  - methodologies and toolkits
                  - identification of goals
              The ingredients of excellence in project delivery
                  - a team with relevant knowledge and skills
                  - detailed planning
                  - effective risk management
                  - dealing with slippage
                  - learning from failed projects
              Adapting to circumstances
                  - deconstructing the template
                  - developing a flexible framework
                  - identification of timescales
                  - the planning horizon
              Starting a project
                  - project initiation documents
                  - formal approval process
                  - identification of goals and objectives
                  - critical success factors
                  - scope and timescales
                  - assumptions
              Planning
                  - appropriate levels of details
                  - phases in the plan
                  - milestones
                  - outputs, not processes
                  - communicating the plan
              Mapping it out
                  - Working backwards
                  - Gantt charts
                  - Identification of major tasks and durations
                  - Identifying dependencies
                  - Independent tasks
                  - The critical path

              OGC Gateways

©Brian Farrington Ltd 2010                                                          Page 13
Brian Farrington Commercial Courses

                    - the Gateways process and Gates
                    - applicability
                    - guidance
                    - support
                 Communication and collaboration
                    - who need the information?
                    - stimulating action
                    - influencing attitudes and behaviour
                    - encouraging feedback
                    - external stakeholders
Delivery Style       Formal presentations, tutor led discussions, problem solving case
                      studies and personal presentation
Course               Notes, slide set, pre-course reading and Certificate of Attendance
Materials
Linked                  Planning the procurement strategy
Courses                 Finance for Non-Financial Specialists




©Brian Farrington Ltd 2010                                                          Page 14
Brian Farrington Commercial Courses

                                 Course Information

Title
              VFM COLLABORATIVE PROCUREMENT
              Reference PS7
Type          Procurement strategy
Target        Purchasing staff who will be working in areas covered by the protocol and
Audience      developing it in the future
Duration      1 Day
Purpose       Identify the main features of collaborative procurement
              Explain the key features of value for money approaches
              Explain the benefits of collaborative procurement approaches
              Identify the procedures applicable to particular areas of the procurement
              process
Content       Objectives of collaborative procurement
                  - limit the dispersal of procurement processes
                  - standardise prices for goods and services
                  - improved value for money for smaller organisations
                  - simplified access for small and large organisations wishing to provide
                       goods and services to the public sector
              Value Wales joined up approach
                  - enhanced value for money
                  - development of expertise
                  - transfer of knowledge across Wales
                  - co-ordinated approach to the supply market
                  - excellence in supporting public sector services
              Value for money
                  - economy, efficiency and effectiveness
                  - identification of benefits
                  - determination of costs, short and long term
              Procurement strategy
                  - Identification of local priorities
                  - Maximising savings
                  - Development of sourcing strategy
                  - Development of long-term activity plans
              Areas for collaboration
                  - framework contracts
                  - all-Wales frameworks
                  - OGC frameworks
                  - specialist contracts
              Professional services and social care
                  - Features of professional services procurement
                  - Procuring social care
                  - Identifying value and quality of service
              Management information
                  - information to support decisions
                  - break down of spend by departments
                  - consistency of standards
                  - building awareness of collaborative procurement routes across
                       organisations
              Managing and reporting performance
                  - setting targets for savings

©Brian Farrington Ltd 2010                                                         Page 15
Brian Farrington Commercial Courses

                   -   consulting with system users
                   -   use of KPIs
                   -   continuous improvement
Delivery Style        Formal presentations, tutor led discussions, problem solving case
                       studies and personal presentation
Course                Notes, slide set, pre-course reading and Certificate of Attendance
Materials
Linked                Planning the procurement strategy
Courses               Finance for Non-Financial Specialists




©Brian Farrington Ltd 2010                                                           Page 16
Brian Farrington Commercial Courses

                                 Course Information

Title
              E-PROCUREMENT – A PRACTICAL INSIGHT
              Reference PS8
Type          Core knowledge
Target        Procurement staff and others needing an understanding of the breadth of e-
Audience      procurement
Duration      1 Day
Purpose       Understand the detail of e-procurement
              Understand the benefits including cost and time
              Appreciate the practical obstacles to implanting e-procurement
Content       e-procurement tools
                   purchasing cards
                   BACS payment
                   supplier hosted web catalogues
                   internally hosted catalogues
                   on-line ordering
                   electronic requisitioning and ordering
                   on-line EU contract notification and award notices
              e-sourcing
                   what is it?
                   what can it do?
                   demand aggregation
                   requirements definition
                   supplier discovery
                   RFI; RFP; RFQ
                   reverse auctions
              e-tendering
                   why use e-tendering?
                   how to use an e-tendering solution
                   features of e-tendering
                   e-evaluation
                   decryption
                   opening tenders
                   evaluation
                   ranking
                   currency reconciliation
              e- vendor management
                   why use it?
                   features and functionality
              e-contract management
                   the elements of a typical eCMS
                   automation of processes
                   feedback into the sourcing process




              e-auctions

©Brian Farrington Ltd 2010                                                        Page 17
Brian Farrington Commercial Courses

                      how do e-auctions work?
                      the revenue equivalence theorem
                      collusion – coordination
                      e-auction experiences
Delivery Style        Tutor led discussion and explanation of real life experiences with e-
                       procurement, plus group discussion.
Course                Course notes in checklist form and reference sources and Certificate
Materials              of Attendance
Linked                None
Courses




©Brian Farrington Ltd 2010                                                           Page 18
Brian Farrington Commercial Courses

                                 Course Information

Title
              SUPPLIER RELATIONSHIP MANAGEMENT
              Reference PS9
Type          Core knowledge
Target        Procurement, service managers and others actively engaged in supplier
Audience      management
Duration      1 Day
Purpose       Understanding how to create effective relationships
              Understanding the tools available for relationship management
              Explain the benefits from positive relationships
Content       The relationship spectrum
                   formal relationships
                   business trust relationships
                   dependency relationships
              e-procurement and relationship management
                   managing the distant relationship
                   providing adequate briefings on the process
                   reverse auctions and trust in the process
                   tendering processes
              How to establish positive relationships
                  - team building skills
                  - role definition
                  - facing reality when challenges are present
              Working with different personalities and cultures
                  - understanding the respective business drivers
                  - examining the personalities and their drivers
                  - the impact of organisational and country culture
              Consequences of poor relationships
                  - breakdown in performance
                  - lack of trust delaying actions
                  - claims for extras and contract change requirements
              Tools and techniques
                  - team building
                  - personality profiling
                  - off-site review sessions
                  - reward systems
                  - motivational tools
              Relationship issue analysis
                  - key personnel
                  - accountabilities
                  - pressure from senior management
                  - unreasonable demands of individuals
              Buyer seller expectations and values
                   the profit motive
                   service excellence
                   contract length and renewal
              A practical model for developing a relationship
                   explanation of the model

              Dealing with a breakdown in relationships

©Brian Farrington Ltd 2010                                                        Page 19
Brian Farrington Commercial Courses

                   -   the role of the honest broker
                   -   getting the team to solve problems
                   -   documenting agreement
Delivery Style        Tutor led discussion and formal presentation, discussion and study of
                       relationship building and breakdown
Course                Course notes in bullet format and Certificate of Attendance
Materials
Linked                None
Courses




©Brian Farrington Ltd 2010                                                          Page 20
Brian Farrington Commercial Courses

                                 Course Information

Title
              PROCUREMENT AND ORGANISATIONAL
              STRATEGIES
              Reference PS10
Type          Core knowledge
Target        Procurement, finance, audit and service managers actively engaged in
Audience      developing procurement and related strategies
Duration      2 Days
Purpose       Explain organisational strategies and linkage with procurement strategies
              Understand how to develop an effective procurement strategy
              Understand the legislative influences on strategic thinking
              Explain how strategic supplier management is a significant contributor to
              performance
Content       Strategic management defined
                  - levels of decision making
                  - long, medium and short term planning
              Organisational context
                  - relationships with suppliers, customers and other stakeholders
                  - identification of organisational resources
                  - organisational politics and culture
              Strategy over time
                  - re-evaluation of assumptions
                  - changes to objectives
                  - identifying ineffective strategies
                  - addressing areas of implementation
              Stakeholder analysis
                  - identification of stakeholders
                  - stakeholder objectives
                  - power and influence
                  - impact on the organisation
              Value Wales procurement strategy template
                  - content of the template
                  - relating the template to participant’s organisation
              Sector specific strategies – overview
                  - local government
                  - health
                  - education
              Legislative influence
                  - open competition
                  - framework agreements
                  - choice of procurement route
                  - PPP/PFI strategies
              Senior staff strategic awareness
                  - long-term planning
                  - strategies for delivering key services
                  - strategic plans with procurement


              Strategic supplier management

©Brian Farrington Ltd 2010                                                          Page 21
Brian Farrington Commercial Courses

                   -   relationships
                   -   business planning and sharing data
                   -   category management
Delivery Style        Tutor led discussion, case studies and practical strategy development
Course                Course notes, reference material and Certificate of Attendance
Materials
Linked                Planning the Procurement Strategy
Courses




©Brian Farrington Ltd 2010                                                           Page 22
Brian Farrington Commercial Courses

                                 Course Information

Title
              EU PROCUREMENT LEGISLATION


              Reference LF1
Type          Awareness and Career Development
Target        Procurement Managers and Staff with responsibility for ensuring compliance
Audience      with EU Procurement Legislation
Duration      1 day
Purpose       Provide background to the EU General Public Sector Directive and the
              Utilities Directive
              Explain the procedures that contracting authorities must follow under the EU
              Procurement Regime
              Explain the implications of the existing Remedies Directives and new 2007
              Remedies Directive
              Ensure a consistent application of the EU procurement rules across all
              contracting authorities.
              Manage risk during the EU procurement process

Content       Background to EU Public Procurement Regime
                 - Purpose of the EU Public Procurement Rules
                 - Evolution of EU Public Procurement Regime
                 - Who is affected by the EU Public Procurement Regime
              EU Public Procurement Directives
                 - Public Sector Directive – works, supplies and services
                 - Utilities Directive
                 - Original Remedies Directives
                 - 2007 Remedies Directive
                 - Implementation of the Directives in UK
              Contracting Authority’s basic advertising requirements
                 - OJEU – what is it?
                 - Contract thresholds
                 - Types of Notices and timescales
                 - Exemptions to advertising requirements
                 - Basic Treaty Requirements to be satisfied
              Advertising in the OJEU
                 - Contents of Notices
                 - Technical Specifications
                 - Selection Criteria
                 - Award Criteria – dealing with weightings
                 - Dangers of changing selection/ award criteria after contract advertised
                     in OJEU
              Awarding the contract
                 - Selecting the most appropriate procedure
                 - Open Procedure
                 - Restricted Procedure
                 - Negotiated Procedure
                 - Competitive Dialogue
                 - Accelerated Procedure
                 - Alcatel Standstill Provisions and implications of new 2007 Remedies


©Brian Farrington Ltd 2010                                                        Page 23
Brian Farrington Commercial Courses

                         Directive
                 Risks of breaching procurement rules
                     - Damage claims
                     - Injunctions
                     - European Commission investigation
                     - Finding of Illegal Direct Award and potential cancellation of contract
                     - Minimising the risk of breaches
                 Types of procurement
                     - Framework Agreements
                     - Dynamic Purchasing Systems
                     - Electronic Procurement
                     - Dividing contracts into lots
                 Dealing with confidential information during the procurement process
                     - Non Disclosure Agreements with tenderers
                     - Specific issues arising in competitive dialogue
                 Interactive Case Studies
                     - Drafting a contract notice
                     - Establishing Award Criteria
                     - Awarding a contract – correct procedure
                     - Dealing with a request for a disgruntled bidder
Delivery Style        Formal presentations, tutor led discussions, interactive problem
                         solving case studies and personal presentation
Course                Notes, slide set, pre-course reading and Certificate of Attendance
Materials
Linked                  UK Procurement Legislation
Courses                 Managing the Tender Process




                                    Course Information


©Brian Farrington Ltd 2010                                                           Page 24
Brian Farrington Commercial Courses


Title
              UK PROCUREMENT LEGISLATION
              Reference LF2
Type          Awareness and Career Development
Target        Procurement Managers and Staff with responsibility for ensuring compliance
Audience      with UK Procurement Legislation
Duration      1 Day
Purpose       Provide background to how the EU Procurement Directives have been
              implemented in the UK
              Explain the procedures that contracting authorities must follow under UK
              procurement legislation
              Explain guidance that is available from OGC in UK procurement legislation
              Ensure a consistent application of the EU procurement rules across all
              contracting authorities.
              Manage risk during the EU procurement process

Content       Background to EU Public Procurement Regime
                 - Purpose of the EU Public Procurement Rules
                 - Evolution of EU Public Procurement Regime
                 - Who is affected by the EU Public Procurement Regime
              EU Public Procurement Directives
                 - Public Sector Directive – works, supplies and services
                 - Utilities Directive
                 - Original Remedies Directives
                 - 2007 Remedies Directive
                 - Implementation of the Directives in UK
              How EU Public Procurement Rules have been implemented in the UK
                 - Public Contracts Regulations
                 - Public Utilities Contracts Regulations
                 - Remedies Regulations
                 - Forthcoming Regulation implementing 2007 Remedies Directive
              Contracting Authority’s basic advertising requirements
                 - OJEU – what is it?
                 - Contract thresholds
                 - Types of Notices and timescales
                 - Exemptions to advertising requirements
                 - Basic Treaty Requirements to be satisfied
                 - OGC Guidance on advertising requirements
              Advertising in the OJEU – OGC Guidance
                 - Contents of Notices
                 - Technical Specifications
                 - Selection Criteria
                 - Award Criteria – dealing with weightings
                 - Dangers of changing selection/ award criteria after contract advertised
                     in OJEU




              Awarding the contract

©Brian Farrington Ltd 2010                                                       Page 25
Brian Farrington Commercial Courses

                     -   Selecting the most appropriate procedure – OGC Guidance
                     -   Open Procedure
                     -   Restricted Procedure
                     -   Negotiated Procedure
                     -   Competitive Dialogue
                     -   Accelerated Procedure
                     -   Alcatel Standstill Provisions and implications of new 2007 Remedies
                         Directive
                 Risks of breaching procurement rules
                     - Damage claims – examples of UK cases
                     - Injunctions – examples of UK cases
                     - European Commission investigation
                     - Finding of Illegal Direct Award and potential cancellation of contract
                     - Minimising the risk of breaches – OGC Guidance
                 Types of procurement – OGC Guidance
                     - Framework Agreements
                     - Dynamic Purchasing Systems
                     - Electronic Procurement
                     - Dividing contracts into lots
                 Dealing with confidential information during the procurement process
                     - Freedom of Information Act
                     - Non Disclosure Agreements with tenderers
                     - Specific issues arising in competitive dialogue
                 Interactive Case Studies
                     - Drafting a contract notice
                     - Awarding a contract – correct procedure
                     - Dealing with a FOIA request
                     - Dealing with a request for a disgruntled bidder
Delivery Style        Formal presentations, tutor led discussions, interactive problem
                         solving case studies and personal presentation
Course                Notes, slide set, pre-course reading and Certificate of Attendance
Materials
Linked                  EU Procurement Legislation
Courses                 Managing the Tender Process




©Brian Farrington Ltd 2010                                                           Page 26
Brian Farrington Commercial Courses

                                    Course Information

Title
                 THE LEGAL CONTENT OF AN INVITATION TO
                 TENDER
                 Reference LF3
Type             Core knowledge
Target           Procurement, legal services, audit and service managers involved in designing
Audience         ITT’s
Duration         1 Day
Purpose          Understand the key contract clauses and their potential application
                 Understand typical schedules to a contract and their potential application
                 Explain the need to anticipate contractual non-performance and remedies
                 available
Content          Key Contract Clauses (Examples only - others will be accommodated)
                      - Changes in law
                      - Change in service priorities
                      - Damages and service credits
                      - IPR’s
                      - Specification
                      - Force Majeure
                      - Contract review and contract extension
                      - Jurisdiction
                      - Payment
                      - Change in ownership
                      - Insurances
                      - Right of Audit
                      - Open Book
                      - Termination
                 Schedules to the contract (Examples only – others will be
                 accommodated)
                      - Exit plan
                      - Emergency planning
                      - Novated contracts
                      - Dispute resolution
                      - Performance bond
                      - Contract change
                      - Benchmarking
                      - Key personnel
                      - Security considerations
Delivery Style         Tutor led discussion around actual clauses and schedules, using case
                          law to illustrate practical situations that arise in business.
Course                 Relevant notes with illustrative clauses and Certificate of Attendance
Materials
Linked                  Contract Law
Courses




©Brian Farrington Ltd 2010                                                             Page 27
Brian Farrington Commercial Courses

                                     Course Information

Title
                 CONTRACT LAW – IMPLIED VERSUS EXPRESS
                 OBLIGATIONS
                 Reference LF4
Type             Core knowledge
Target           Procurement, service managers and audit staff
Audience
Duration         ½ Day
Purpose          Highlight typical points of failure in non-commodity procurements
                 Explain the difference between implied and express obligations
                 Explain the concepts surrounding the elevation of the supplier to expert
                 Provide a list of do’s and don’ts in relation to a supplier’s obligations
Content          What is the law that impacts on procurement?

                 When and how contracts are formed

                 Commodities versus solutions

                 Letters of Intent

                 Instructions to Proceed

                 Caveat Emptor

                 The dangers of using the supplier’s contract terms and conditions

                 Implied obligations

                 Express obligations

                 Material breach

                 Remedies at law

                 Do’s and Don’ts for purchasers


Delivery Style          Formal presentation and participant discussion
Course                  Course notes in checklist form and Certificate of Attendance
Materials
Linked                  Tendering and Specification writing
Courses




                                     Course Information

©Brian Farrington Ltd 2010                                                              Page 28
Brian Farrington Commercial Courses


Title
              IT SYSTEMS AND SOFTWARE PROCUREMENT
              Reference PP1
Type          Core knowledge
Target        Procurement, IT, Project Management and Senior Staff engaged in IT Systems
Audience      and Software Procurement
Duration      2 Days
Purpose       Identify the essential commercial and legal considerations when buying IT
              Understand the source of disputes in typical IT contracts
              Explain the crucial role to be played by procurement specialists
              Explain the commercial risks that need optimising
Content       Background to IT Procurement
                  - the technical dominance in procurement
                  - balancing technical and commercial interests
                  - long-term life cycle costs
                  - risk management
                  - Gateway reviews
              A brief history of IT disasters and successes
                   specification issues
                   cost overruns
                   programme overruns
                   technical change
              The role and influence of procurement
                   key phases of the procurement cycle
                   due diligence
                   evaluation criteria and weightings
                   formation of the contract, including letters of intent and Instructions
                       to proceed
                   assignment and novation issues
                   Contracts (Rights of Third Parties) Act 1999
              A robust procurement process through to contract signature
                   managing the tender process
                   documenting discussions
                   reference site visits
                   handling the supplier’s pressure to get to contract signature
                   using OGC Framework Agreements
              Cost drivers, price management and negotiation
                  - hardware, software, labour/development costs, installation and
                       maintenance costs
                  - managing prices in the longer term
                  - price review mechanisms and choice of indexation
                  - when and how to negotiate
              Critical commercial facets of IT and Software
                  - relationship between supply and support contracts
                  - off the shelf contractual issues
                  - testing and acceptance
                  - applying damages and service credits
                  - business continuity

              Software licences and development agreements

©Brian Farrington Ltd 2010                                                        Page 29
Brian Farrington Commercial Courses

                     - key features of software licences
                     - different types of software licences
                     - structure of a typical object licence agreement
                     - licensee obligations
                     - licensor’s warranties and liabilities
                     - indemnities
                 Intellectual property rights in systems and software
                     - copyright in software and databases
                     - trademarks and service marks
                     - Escrow agreements
                 Managing IT contracts – liabilities and dispute management
                     - performance bonds and insurance requirements
                     - intellectual property infringement
                     - calculating a cap on liability
                     - dispute resolution and ADR
                 Long-term IT support contracts
                     - right to terminate
                     - guaranteeing availability of support
                     - help desks
                     - negotiating response times
                     - accessing upgrades and the commercial implications
                     - off-shoring implications
Delivery Style        Tutor led discussions and formal input, case studies, consideration of
                         court judgments on IT cases and problem solving scenarios
Course                Course notes based on practical and proven checklists and Certificate
Materials                of Attendance
Linked                Managing the Tender Process
Courses




©Brian Farrington Ltd 2010                                                           Page 30
Brian Farrington Commercial Courses

                                Course Information

Title
              SPECIFICATION AND QUALITY MANAGEMENT


              Reference PP2
Type          Core knowledge
Target        Procurement, quality management, heads of service and contract management
Audience      staff
Duration      1 Day
Purpose       Ensure a full understanding of writing and presenting specifications
              Stress the importance of quality management throughout the procurement
              process
              Emphasise the linkage with contractual terms and conditions
Content       Writing effective specifications
                   - output versus input specifications
                   - using the right language
                   - the various ways to specify including buying by sample, chemical
                       analysis, etc
                   - guidelines for content and presentation
              Input versus output specifications
                   - the arguments for and against each
                   - the contractual implications
              Key Performance Indicators
                   - defining key performance indicators
                   - the consequences of them not being met
              Acceptance testing and quality standards
                   - the difficulties relying on the supplier’s testing programme
                   - time for acceptance
                   - rework implications
              Linkage with contractual terms and conditions
                   - inspection rights
                   - termination rights
                   - right to audit
                   - supply chain implications
              Applying damages for non-performance
                   - preparing a heads of claim
                   - retendering implications
              Environmental considerations
                   - specifying and accountability for environmental matters
              Sustainability considerations
                   - environmental considerations
              On-site inspection and rejection processes
                   - rights to use third party inspection
                   - rejecting work in progress
              Quality certification
                   - checking the accreditation source
                   - AQAS


              Product guarantees


©Brian Farrington Ltd 2010                                                     Page 31
Brian Farrington Commercial Courses

                     - when do they start
                     - how long
                     - terms of the guarantee
                 Repair or replace
                     - supplier’s right to repair or replace
                     - recommencement of guarantee period
                 As built drawings
                     - Escrow
                     - IPR’s
Delivery Style        Tutor input, discussion, problem solving case studies
Course                Course notes and tender document references and Certificate of
Materials                Attendance
Linked                None
Courses




©Brian Farrington Ltd 2010                                                        Page 32
Brian Farrington Commercial Courses

                                 Course Information

Title
              SUPPLIER EVALUATION AND SELECTION
              TECHNIQUES
              Reference PP3
Type          Core knowledge
Target        Procurement staff and likely Project Board members
Audience
Duration      1 day
Purpose       Explain the rationale for evaluating suppliers at PQQ and tender stages
              Understand the need for robust evaluation criteria and weightings
              Gain an understanding of handling supplier presentations
              Explain the methodology used by effective evaluation panels
Content       Purchases < EU Threshold
                  - the relevance of standing orders and procurement rules
                  - the EU thresholds for supplies, services and construction
              Purchases > EU Threshold
                  - the process for such purchases
                  - aggregation rules
                  - time periods applicable to aggregation
              Risk profiling the intended purchase
                  - the risk register
                  - the different types of risks
                  - obtaining the supplier’s view of risks
              Soft Market Testing
                  - what is legitimate
                  - making notes of meetings
                  - preparing relevant notes
              Informing the supply market
                  - advertising
                  - bidder’s days
                  - internal tender information
              OJEU advertisements
                  - the content of the OJEU advertisement
                  - ensuring the content is appropriate
                  - time for responses
              Bidder’s days
                  - hosting the day
                  - the content of presentations
                  - who shall make the presentation
                  - ensuring the quality of presentations
              Designing the content of a PQQ
                  - the sections of the PQQ
                  - asking relevant questions
                  - making it service/goods specific




              Designing the content of an Invitation to Tender (ITT)

©Brian Farrington Ltd 2010                                                          Page 33
Brian Farrington Commercial Courses

                    - instructions to tenderers
                    - the sections of the ITT
                    - the contract and schedules
                 Evaluation criteria and weighting modelling
                    - determining the criteria
                    - deciding on the weightings (if any)
                    - the scoring system
                 Financial and Technical considerations
                    - cost modelling
                    - specification writing
                 Supplier presentations
                    - assessing the quality of the presentations
                    - controlling the time
                    - asking questions
                 Contract award
                    - the Alcatel standby period
                    - Judicial reviews
                    - Authorisation to sign the contract
Delivery Style       Tutor input, tutor led discussions, analysis of actual documentation
Course               Notes, case studies, templates and Certificate of Attendance
Materials
Linked                  Tender Analysis Skills
Courses




©Brian Farrington Ltd 2010                                                          Page 34
Brian Farrington Commercial Courses

                                 Course Information

Title
              CONSTRUCTING AN EFFECTIVE INVITATION
              TO TENDER
               Reference TB1
Type          Core knowledge
Target        Procurement and Service Managers who are or will be engaged in preparing
Audience      Invitations to Tender
Duration      1 Day
Purpose       Understand what an effective ITT looks like
              Appreciate the benefits of helping tenderers to produce first class tenders
              Understand that innovative solutions can be sought and evaluated
Content       Reference to business case
                  - confirm technical and financial requirements
                  - confirm affordability envelope
                  - confirm decision making timescales
              Instructions to tenderers
                  - defining the essential content
                  - in what medium are tenders to be submitted
                  - tender validity period
                  - are tender bonds required
              Using the right language
                  - avoiding acronyms
                  - providing a glossary of terms
                  - avoidance of pointing to a specific solution
              Explaining the requirement to tenderers
                  - the specification
                  - client specific circumstances impacting on performance
                  - KPI’s
                  - defining ‘must haves’ and ‘nice to haves’.
              Anticipating tenderer’s questions
                  - typical areas of concern
                  - technical questions
                  - procurement questions
                  - the process for resolving queries that arise during the tender process
              Requesting cost information
                  - designing the cost model
                  - anticipating the cost drivers
                  - dealing with contingency provision
              Requesting innovative solutions
                  - encouraging innovative solutions
                  - permitting non-compliant tender solutions
                  - how to evaluate innovation
              Dealing with competitive edge solutions
                  - confidentiality
                  - reaching an understanding of cutting edge solutions
                  - pricing the alternative




©Brian Farrington Ltd 2010                                                         Page 35
Brian Farrington Commercial Courses

                 Explaining the procurement process and timescales to get to contract
                    - setting out the process
                    - evaluation panels
                    - the decision making process
                    - Local Authority call-in periods
                 The ITT evaluation model
                    - criteria and weightings
                    - scoring systems
                 Populating the contract clauses and schedules to contract
                    - boilerplate clauses
                    - contract specific clauses
                    - schedules that may be required
Delivery Style       Tutor led discussions and formal input, problem solving scenarios
Course               Course note checklists and Certificate of Attendance
Materials
Linked                 Tender Analysis Skills
Courses




©Brian Farrington Ltd 2010                                                       Page 36
Brian Farrington Commercial Courses

                                  Course Information

Title
              MANAGING THE TENDER PROCESS
              Reference CA1
Type          Core knowledge
Target        Procurement, finance, audit and service managers actively engaged in tendering
Audience      processes
Duration      1 Day
Purpose       Understand the end-to-end tender process
              Explain the salient considerations for the tender process to work effectively
              Explain the typical pitfalls
Content       Understanding the legal framework surrounding the tendering process
                  - EU Directives
                  - Standing Orders
                  - Standstill period
                  - Tender validity period
              Incorporating the terms and conditions of contract
                  - the rules of offer and acceptance
                  - dealing with contractual non-compliance
                  - dealing with the involvement of external legal advisers
              Determining the rules of the bidding process
                  - communication protocol
                  - receipt and opening of tenders
                  - raising clarification questions
              How to use non-collusion clauses
                  - non-collusion undertakings
                  - consequences of breach
              How to handle bidders’ conferences and/or reference site meetings
                  - organising a bidder’s conference
                  - who should be involved
                  - reference site meetings
                  - contemporaneous notes
              Preparing the pricing schedules
                  - what are the potential cost drivers?
                  - designing the pricing template
                  - instructions for completing the template
              The legal aspects of return of tenders
                  - validity date
                  - tender bonds
                  - making counter offers and the likely consequences
              Evaluating the bids, both commercially and technically
                  - the criteria and weightings
                  - the role of evaluation panel members
                  - technical considerations and impact on price and performance
              Preparing for and undertaking post tender clarification and negotiation
                  - identifying the issues
                  - planning the process
                  - documenting the outcome
                  - ensuring the audit trail is complete



©Brian Farrington Ltd 2010                                                         Page 37
Brian Farrington Commercial Courses

                 The Alcatel period
                    - what does it mean?
                    - how is it applied?
                    - dealing with appeals
                    - judicial reviews
                 Authorisation for contract award
                    - Central government and local authority decision making
                    - Delegated authority implications
                 Advising non-successful bidders
                    - EU Directive guidance
                    - satisfying the formalities
                    - simple What information to provide
                    - Providing a debrief
                 Awarding the contract
                    - simple versus deed contracts
                    - ensuring formal acceptance
Delivery Style       Tutor input, discussion, problem solving and role playing
Course               Notes in checklist form and official guidance references and
Materials               Certificate of Attendance
Linked               Constructing an effective Invitation to Tender
Courses




©Brian Farrington Ltd 2010                                                           Page 38
Brian Farrington Commercial Courses

                                  Course Information

Title
              TENDER ANALYSIS SKILLS
              Reference CA2
Type          Core knowledge
Target        Procurement and other functional specialists engaged in tender analysis
Audience
Duration      1 Day
Purpose       Explain the importance of professional analysis of tenders
              Understand the nuances included in tenders by bidders
              Understand that detailed evaluation is a task requiring diligence
Content       Linking the content of a tender to the evaluation model
                 - facets of the evaluation model
                 - locating specific answers to evaluation facets
                 - ensuring the right criteria are used
              Dealing with vague statements
                 - examples of vague statements
                 - drafting clarification questions
                 - determining the impact of the vagueness
              Dealing with non-compliance
                 - what was said in the tender?
                 - were alternative solutions requested?
                 - deciding to pursue non-compliance
              Taking up references
                 - written or verbal requests
                 - going beyond the façade of references
                 - the necessity for due diligence
              Dealing with contradictions
                 - the nature of contradictions
                 - clarification process
              Technical analysis
                 - compliance with specification
                 - method statements
                 - quality management of the service or manufacturing
              Commercial analysis
                 - pricing detail
                 - supply chain issues
                 - financial health of the supplier
                 - payment and/or funding issues
              Financial analysis
                 - the supplier’s accounts
                 - performance bonds/PCG
                 - comprehensiveness of pricing detail
                 - remedies for non-performance
              Contractual analysis
                 - identifying the impact of any non-compliance
                 - dealing with other matters raised
                 - analysing alternative clauses suggested

              Identifying questions for clarification

©Brian Farrington Ltd 2010                                                          Page 39
Brian Farrington Commercial Courses

                     - responsibility to draft the questions
                     - accountability for raising questions with bidders
                 Briefing the evaluation team
                     - ensuring that all the evaluation panel understand the model
                     - explaining the scoring system
                 Resolving in-house differences of findings
                     - the formality of recording differences
                     - discussing and agreeing the consensus
                 Qualifying words and phrases
                     - working examples of such phrases and words
                     - understanding the impact of them
Delivery Style        Tutor input using actual examples from a range of tenders, plus notes
                         in checklist form
Course                Course notes and reference material and Certificate of Attendance
Materials
Linked                  Constructing an effective tender and the Legal Content of a Tender
Courses




©Brian Farrington Ltd 2010                                                           Page 40
Brian Farrington Commercial Courses

                                 Course Information

Title
              CONTRACT AWARD – KEY CONSIDERATIONS
              Reference CA3
Type          Core knowledge
Target        Procurement, finance, audit and service managers actively engaged in contract
Audience      award processes
Duration      2 Days
Purpose       Understand the formalities of contract award
              Explain the benefits of debriefs
              Understand how to comply with EU Directives and other Regulations
Content       Recommendation to award a contract
                  - preparing the report
                  - complying with MEAT
                  - explaining the process
              Approval processes
                  - Departmental sign off
                  - Council and other bodies’ approval
                  - Role of scrutiny panel
                  - Call in periods and implications
              Contract standstill period
                  - Alcatel period and implications
                  - Relevance to contract signature
                  - Appeals within the period
              Letters to successful and unsuccessful bidders
                  - model letters
                  - offering debriefs
              Supplier debriefs
                  - the content of the debrief
                  - participants
                  - recording the comments and responses
              Contract award notice
                  - complying with EU Directives
                  - timescales
              Securing and recording benefits
                  - analysis, recording and reporting benefits
                  - ensuring that through life costs are taken into account
              Contract signature
                  - authorised signatures
                  - delegated authority
                  - simple or contracts under seal
              Security and CRB clearance
                  - security clearance levels
                  - security clearance processes and timescales
                  - CRB requirements



              Health & Safety briefings
                 - the importance of health & safety

©Brian Farrington Ltd 2010                                                         Page 41
Brian Farrington Commercial Courses

                     - briefings prior to site engagement
                     - the legal requirements
                 Hand over to contract management
                     - formal handover to contract management
                     - explaining contract terms and conditions
                     - pointing out contractual obligations on the client side
                 Publicising contract award in-house
                     - advising interested parties
                     - explaining whether the contract is mandatory
                     - understanding Framework Agreements
                 Efficiencies and reporting
                     - the requirements for efficiency improvement
                     - continuous improvement plans
                     - reporting performance
                     - public satisfaction surveys
                 Capturing lessons learned
                     - what are the lessons learned
                     - transferring the learning by communication
Delivery Style        Formal inputs, case studies, role plays and review of actual situations
Course                Course notes in checklist form with extracts of formal advice and
Materials                Certificate of Attendance
Linked                Managing the Tender Process
Courses




©Brian Farrington Ltd 2010                                                             Page 42
Brian Farrington Commercial Courses

                                Course Information

Title
              CONTRACT MANAGEMENT SKILLS
              Reference CM2
Type          Core knowledge for procurement and contract management staff
Target        Procurement and contract management staff
Audience
Duration      2 Days
Purpose       Understand the contract complexities that need handling
              Understand the legal framework in which contract management takes place
              Explain the practical steps in obtaining and analysing performance data
Content       Understanding the contract
                 - contractual terms and conditions
                 - schedules to the contract
                 - the specification
                 - reporting performance
              Formal contract reviews
                 - scheduled review meetings
                 - the agenda
                 - who should be present
                 - timing
              Contract monitoring approaches
                 - formal
                 - informal
                 - escalating the involvement
                 - electronic monitoring
              Provision of relevant Management Information (MI)
                 - the content required by the contract
                 - when it is to be provided
                 - accuracy
                 - inadequate and misleading data
              Managing contract review meetings
                 - chairing the meeting for positive outcomes
                 - establishing facts
                 - getting a balanced picture of performance
                 - agreeing and documenting actions
              Monitoring performance against KPI’s and National Indicators
                 - KPI’s and National Indicators
                 - linking performance to gainshare and painshare
                 - implementing damages and/or service credits
              Preparing a contract management plan
                 - the content of a plan
                 - the specific proposed contract management structure
                 - time lines
              Conducting spot audits
                 - when to make them
                 - involving internal audit
                 - having the right skills and knowledge present



©Brian Farrington Ltd 2010                                                      Page 43
Brian Farrington Commercial Courses

                 Dealing with non-performance
                     - resolving amicably
                     - formal disputes
                     - contract termination
                 Serving notices of breach of contract
                     - the legal process
                     - maintaining the audit trail
                 Responses to contractor default
                     - acquiescence
                     - dispute resolution
                     - action plans
                 Contract renewal planning
                     - establishing the data base
                     - avoiding breaching EU Regulations and Standing Orders
Delivery Style        Tutor input, discussions, case studies and role playing
Course                Course notes in checklist form, reference material and Certificate of
Materials               Attendance
Linked                Contract Law, Managing Disputes
Courses




©Brian Farrington Ltd 2010                                                            Page 44
Brian Farrington Commercial Courses

                                 Course Information

Title
              POST CONTRACT AWARD CONSIDERATIONS
              Reference CM2
Type          Core knowledge
Target        Purchasing and Contract Management Staff
Audience
Duration      1 Day
Purpose       Explain the typical considerations for post contract award actions
              Understand the contractual linkages impacting on contract performance
              Experience problem solving based on actual contract defaults
              Understand the principle of acquiescence
Content       Contract Management
                  - knowledge and skills requirements
                  - understanding the contract
                  - taking decisive action
              Provision of Management Information
                  - defining this in the contract
                  - frequency and detail required
                  - the medium in which the MI will be provided
              Contract change
                  - contract change processes
                  - impact on cost and programme
                  - timescales for decision making
              Key personnel
                  - acceptability or otherwise
                  - replacing key personnel
                  - involvement in the contract and cost
              Client obligations
                  - information turnaround
                  - payment
                  - partnering actions
              Supplier obligations
                  - performance
                  - continuous improvement
                  - quality, sustainability and equality
              Exit strategies
                  - when the exit strategy and exit plan will be agreed
                  - the detailed content of the exit plan
                  - retendering actions
                  - linkage with termination
              Dispute resolution
                  - ADR process
                  - Binding or not
              Contract reviews
                  - frequency
                  - content
                  - minutes




©Brian Farrington Ltd 2010                                                       Page 45
Brian Farrington Commercial Courses

                 Benchmarking
                    - contract provision
                    - price matching clauses
                    - confidentiality
                 Defining material breach
                    - the definition of material breach
                    - linkage with termination rights
Delivery Style       Tutor input, group discussion, case study
Course               Notes, slide deck and bibliography and Certificate of Attendance
Materials
Linked                 Contract Management Skills
Courses




©Brian Farrington Ltd 2010                                                         Page 46
Brian Farrington Commercial Courses

                                    Course Information

Title
                 “FOOD” PROCUREMENT
                  Reference ERP2
Type             Core knowledge and subject matter appreciation
Target           Procurement, finance, audit and service managers actively engaged in food
Audience         procurement
Duration         2 Days
Purpose          Understand the specialist nature of food procurement
                 Develop Strategies for food procurement
Content
                        Definition of food procurement
                        The Public Sector Food Procurement Initiative (PSFPI)
                        Menu of priority objectives
                        Menu of other objectives
                        Strategic stakeholders
                        The policy landscape
                        NAO report ‘Smarter Food procurement in the public sector’
                         [HC 963-1 2005-2006]
                        Costs, quality and sustainability
                        Reviewing current practice
                        Initiatives that may be taken
                        Delivering an effective food procurement process
                        The food supply chain
                        Catering contracts – some key considerations
                        School, hospital and prison food procurement
                        Characteristics of successful food procurement
                        School Food Trust Survey February 2009-07-27
                        Sustainable food procurement
                        Sustainable food defined
                         Collaborative procurement case study
Delivery Style          Tutor input, group discussion, case study
Course                  Notes, slide deck and bibliography and Certificate of Attendance
Materials
Linked                  Supplier Evaluation and Analysis Techniques
Courses




©Brian Farrington Ltd 2010                                                            Page 47
Brian Farrington Commercial Courses

                                    Course Information

Title
                 “CONSTRUCTION” PROCUREMENT
                 Reference ERP3
Type             Core knowledge and subject matter appreciation
Target           Procurement, finance, audit and service managers actively engaged in
Audience         Construction Procurement
Duration         2 Days
Purpose          Understand the specialist nature of construction procurement
Content
                        Critical success factors
                        Engaging architects, quantity surveyors and consultants
                        Project Team
                        Integrated process
                        Procurement and contract strategies
                        Risk and value management
                        PFI, Prime Contracting, Design and Build, Leasehold
                        Whole life costing
                        Gateway reviews
                        Framework for integrated procurement
                        PPC 2000                                 New Engineering Contract
                        The legal and regulatory framework Payment mechanisms
                        Construction contract clauses and conditions
                        Model form contracts and their usage
                        Contract administration and management
                        Risk management throughout the procurement process
                        Claims management
                        Supply chains
                        The Latham report and its impact
                        The Egan report and its impact
                        Delivering to budget and time
                        Auditing site practices
                        ProCure 21
Delivery Style          Tutor input, group discussion, case study
Course                  Notes, slide deck and bibliography and Certificate of Attendance
Materials
Linked                  Contract Management Skills
Courses




©Brian Farrington Ltd 2010                                                              Page 48
Brian Farrington Commercial Courses

                                  Course Information

Title
              PREPARING FOR PURCHASING MANAGEMENT
              Reference S1

Type          Career Development
Target        Purchasing staff who have been identified for promotion to more senior
Audience      positions
Duration      2 days
Purpose       Identify the role and challenges of managing a purchasing function
              Explain how to develop purchasing strategies
              Explain how to effectively manage staff and to establish positive relations with
              stakeholders
              Explain how the budgeting and financial controls operate
Content       Management defined
                  - the nature of management
                  - the systems concept and the management process
              The development of management concepts
                  - emphasis on human relations
                  - emphasis on administration
                  - emphasis on performance
                  - emphasis on change
              Objectives and ethics
                  - the range of purchasing objectives
                  - service excellence characteristics
                  - ethics
                  - prevention of corruption acts
              Planning
                  - fundamental concepts of planning
                  - types of plans
                  - criteria for evaluating plans
                  - summary of principles
              Management information systems
                  - functions of an information system
                  - capturing supply market research
              Decision making
                  - the decision making process
                  - creativity in decision making
                  - options appraisal
              Organisational relationships
                  - line/staff relationships
                  - stakeholder engagement
                  - centralised versus decentralised options
              Leadership patterns
                  - theories of leadership
                  - components of leadership
                  - personality dynamics in leadership
                  - selecting a leadership pattern
              Communications
                  - principles of communication


©Brian Farrington Ltd 2010                                                           Page 49
Brian Farrington Commercial Courses

                    - media for communications
                    - problems in communication
                 Motivating staff
                    - the basis of motivation
                    - setting realistic and achievable objectives
                 The basis of control
                    - the nature of control
                    - the control process
                    - characteristics of good control
                 Managing and reporting performance
                    - setting departmental performance objectives
                    - consulting with stakeholders
                    - key reporting of KPI’s with management and stakeholders
                    - linkage to pay and rewards
Delivery Style       Formal presentations, tutor led discussions, problem solving case
                        studies and personal presentation
Course               Notes, slide set, pre-course reading and Certificate of Attendance
Materials
Linked                  Procurement and Organisational Strategies
Courses                 Managing the Procurement Function
                        Finance for Non-Financial Specialists




©Brian Farrington Ltd 2010                                                          Page 50
Brian Farrington Commercial Courses

                                     Course Information
Title
                 THE PURCHASING CONTRIBUTION TO LONG-
                 TERM BUSINESS PLANNING

                 Reference S2
Type             Core knowledge
Target           Purchasing staff who are engaged in strategic and policy planning
Audience
Duration         1 Day
Purpose          Identify procurement strategic options for long-term benefit
                 Explain policy development and planning
                 Explain the key facets of linking procurement to long-term business needs
Content          The essence of long-term business planning
                     - financial planning
                     - operational planning
                     - supply market risks and mitigation strategies
                     - human capital planning
                 Working with stakeholders
                     - explaining procurement and supply chain planning criteria
                     - key strategic issues and decisions
                     - engaging with the supply market
                 Cost and Price considerations
                     - identifying the key cost drivers of goods and services
                     - devising effective cost models
                     - public sector comparators
                     - benchmarking prices
                     - long-term price control
                 Understanding the supplier’s long range business plan
                     - customer analysis
                     - working capital and financial considerations
                     - workforce planning
                     - acquisitions and mergers
                     - market risks
                 Contractual issues
                     - contracting for the longer term
                     - PFI/PPP considerations
                     - long-term pricing considerations
                     - rights of termination
                     - change of supplier ownership
                 The impact of extreme supply market considerations
                     - supply market capacity
                     - milestone payments
                     - retention considerations
                     - transfer of title and risk
                     - Escrow considerations

Delivery Style          Tutor led discussions, practical formulation of strategy and policy
                         documents, case study comments and presentations
Course                  Notes, slide set and references to access on the web and Certificate of


©Brian Farrington Ltd 2010                                                             Page 51
Brian Farrington Commercial Courses

Materials             Attendance
Linked               Procurement and Organisational Strategies
Courses




©Brian Farrington Ltd 2010                                        Page 52
Brian Farrington Commercial Courses

                                 Course Information

Title
              ORGANISING TO PROCURE
              Reference S3
Type          Core knowledge
Target        Purchasing and other relevant staff engaged in procurement activities
Audience
Duration      1 Day
Purpose       Explain and emphasise the importance of planning procurements
              Emphasise the major facets of organising procurement actions
              Recognise that the identification and management of risk is vital
              Consider the impact of effective team work
Content       Creating an effective team
                  - team members
                  - terms of reference
                  - team building skills
              Prince 2
                  - the methodology
                  - identifying key milestones
                  - project reviews
              Project Boards
                  - their composition
                  - terms of reference
                  - frequency and content of meetings
              Milestone and timescale considerations
                  - time for decision making
                  - obtaining authority to procure
                  - ‘calling in’ period
                  - impact on financial planning
              Choice of procurement procedure
                  - the different procedures, their strengths and weaknesses
                  - impact of client and bidder’s costs
                  - implications for resources
              IT support
                  - nature of IT support required
                  - data rooms, content and access rules
              Risk register management
                  - the detail of risk register content
                  - mitigation strategies
                  - owners of risks
                  - financial impact of the risk occurring
              Project planning and reporting outline
                  - project dependencies
                  - milestone management
                  - project reports
              Stakeholder involvement
                  - who are the stakeholders
                  - explaining the procurement terminology and process
                  - identifying roles and accountability

              Trade Union involvement

©Brian Farrington Ltd 2010                                                            Page 53
Brian Farrington Commercial Courses

                   -   workforce issues
                   -   membership of Project Boards
                   -   involvement in evaluation modelling
                   -   TUPE implications
                   -   Pension implications
Delivery Style        Tutor led discussions, discuss brief case studies and practice problem
                       solution skills
Course                Notes, slide deck and Certificate of Attendance
Materials
Linked                Project Management and Project Management Methodology
Courses




©Brian Farrington Ltd 2010                                                           Page 54
Brian Farrington Commercial Courses

                                Course Information

Title
              PROCUREMENT FRAUD
              Reference S4
Type          Core professional knowledge
Target        Procurement, finance and audit managers
Audience
Duration      1 Day
Purpose       Understanding the opportunities for fraud
              Explain the indicators that fraud may be present
              Understand how to conduct a fraud enquiry
              Understand the importance of controls in the procurement process
Content       Types of procurement fraud
                 - fixing tender processes
                 - fixing payment
                 - fixing delivery and acceptance
                 - ghost deliveries
              Auditing for fraud
                 - training the audit team
                 - avoiding mechanistic audits
                 - ensuring the audit trail is complete
              The warning signs
                 - no change in suppliers
                 - contract changes
                 - false VAT numbers
                 - False company registered numbers
              Risk in procurement processes and decisions
                 - closed loop scenarios
                 - delegated authority
                 - waivers to procedures
              Organisational controls
                 - authority sign off for different value of contracts
                 - random checks on decisions
                 - approved contracts and suppliers
                 - robust supplier selection methodologies
              Managing for security
                 - involving internal security
                 - checking deliveries
                 - signing for goods and services
              Randomised checking in payment approval system
                 - selection of invoices for checking
                 - the Pareto distribution
                 - checking contract change and impact on price
              Whistle blowing
                 - having a policy
                 - dealing with the whistle blower
                 - obtaining statements



              Dealing with suspicions and allegations regarding fraud

©Brian Farrington Ltd 2010                                                       Page 55
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11
Brian Farrington Ltd Training Directory 2010-11

Más contenido relacionado

Similar a Brian Farrington Ltd Training Directory 2010-11

090119 Enabling Strategic Sourcing
090119 Enabling Strategic Sourcing090119 Enabling Strategic Sourcing
090119 Enabling Strategic SourcingHan Driessen
 
Procurement Training|Introduction to procurement and best practice procuremen...
Procurement Training|Introduction to procurement and best practice procuremen...Procurement Training|Introduction to procurement and best practice procuremen...
Procurement Training|Introduction to procurement and best practice procuremen...Sheila Elliott
 
PURCHASING DECISION AND BUSINESS STRATEGY
PURCHASING DECISION  AND BUSINESS STRATEGYPURCHASING DECISION  AND BUSINESS STRATEGY
PURCHASING DECISION AND BUSINESS STRATEGYZamri Yahya
 
Sales institute11 01 19 v3 [read only](1)
Sales institute11 01 19 v3 [read only](1)Sales institute11 01 19 v3 [read only](1)
Sales institute11 01 19 v3 [read only](1)Sales Institute Ireland
 
12-designing-channel-systems
 12-designing-channel-systems 12-designing-channel-systems
12-designing-channel-systemsManilyn Angel
 
Collaborative Planning Forecasting & Replenishment
Collaborative Planning Forecasting & ReplenishmentCollaborative Planning Forecasting & Replenishment
Collaborative Planning Forecasting & ReplenishmentSampat Patnaik
 
Value based sourcing put into practice_online
Value based sourcing put into practice_onlineValue based sourcing put into practice_online
Value based sourcing put into practice_onlineJanus Heie
 
Conduct procurements
Conduct procurements Conduct procurements
Conduct procurements Shereef Sabri
 
Sourcing and purchasing management overview
Sourcing and purchasing management overview   Sourcing and purchasing management overview
Sourcing and purchasing management overview Tools4management.com
 
Introducing Bid Dynamics 2012
Introducing Bid Dynamics 2012Introducing Bid Dynamics 2012
Introducing Bid Dynamics 2012bid-dynamics
 

Similar a Brian Farrington Ltd Training Directory 2010-11 (20)

090119 Enabling Strategic Sourcing
090119 Enabling Strategic Sourcing090119 Enabling Strategic Sourcing
090119 Enabling Strategic Sourcing
 
SCM Smart Spending
SCM Smart SpendingSCM Smart Spending
SCM Smart Spending
 
Procurement Training|Introduction to procurement and best practice procuremen...
Procurement Training|Introduction to procurement and best practice procuremen...Procurement Training|Introduction to procurement and best practice procuremen...
Procurement Training|Introduction to procurement and best practice procuremen...
 
PURCHASING DECISION AND BUSINESS STRATEGY
PURCHASING DECISION  AND BUSINESS STRATEGYPURCHASING DECISION  AND BUSINESS STRATEGY
PURCHASING DECISION AND BUSINESS STRATEGY
 
Strategic Sourcing 2012
Strategic Sourcing 2012Strategic Sourcing 2012
Strategic Sourcing 2012
 
Market Research
Market ResearchMarket Research
Market Research
 
Sales institute11 01 19 v3 [read only](1)
Sales institute11 01 19 v3 [read only](1)Sales institute11 01 19 v3 [read only](1)
Sales institute11 01 19 v3 [read only](1)
 
12-designing-channel-systems
 12-designing-channel-systems 12-designing-channel-systems
12-designing-channel-systems
 
Enews 09-28-06
Enews 09-28-06Enews 09-28-06
Enews 09-28-06
 
Chapter 1
Chapter 1Chapter 1
Chapter 1
 
Collaborative Planning Forecasting & Replenishment
Collaborative Planning Forecasting & ReplenishmentCollaborative Planning Forecasting & Replenishment
Collaborative Planning Forecasting & Replenishment
 
Bid dynamics 2012
Bid dynamics 2012Bid dynamics 2012
Bid dynamics 2012
 
Bid Dynamics 2012
Bid Dynamics 2012Bid Dynamics 2012
Bid Dynamics 2012
 
Bid dynamics 2012
Bid dynamics 2012Bid dynamics 2012
Bid dynamics 2012
 
Value based sourcing put into practice_online
Value based sourcing put into practice_onlineValue based sourcing put into practice_online
Value based sourcing put into practice_online
 
Conduct procurements
Conduct procurements Conduct procurements
Conduct procurements
 
Sourcing and purchasing management overview
Sourcing and purchasing management overview   Sourcing and purchasing management overview
Sourcing and purchasing management overview
 
Introducing Bid Dynamics 2012
Introducing Bid Dynamics 2012Introducing Bid Dynamics 2012
Introducing Bid Dynamics 2012
 
Bid dynamics 2012
Bid dynamics 2012Bid dynamics 2012
Bid dynamics 2012
 
Bid dynamics 2012
Bid dynamics 2012Bid dynamics 2012
Bid dynamics 2012
 

Brian Farrington Ltd Training Directory 2010-11

  • 1. Brian Farrington Ltd Brian Farrington Ltd Commercial Courses ©Brian Farrington Ltd 2010 Rainford Hall Crank St Helens WA11 7RP Tel: 01744 20698 Email: info@brianfarrington.com 2010
  • 2. Brian Farrington Commercial Courses Table of Contents PLANNING THE PROCUREMENT STRATEGY ............................................................ 3 COMMERCIAL ACUMEN FOR NON-PROCUREMENT SPECIALISTS ......................... 5 SUSTAINABLE PROCUREMENT – STRATEGIES AND PRACTICE ............................. 7 ENGAGING WITH VOLUNTARY AND COMMUNITY ORGANISATIONS – THE THIRD SECTOR ............................................................................................................. 9 MANAGING THE PROCUREMENT FUNCTION ......................................................... 11 PROJECT MANAGEMENT AND PROJECT MANAGEMENT METHODOLOGY ......... 13 VFM COLLABORATIVE PROCUREMENT .................................................................. 15 E-PROCUREMENT – A PRACTICAL INSIGHT ........................................................... 17 SUPPLIER RELATIONSHIP MANAGEMENT ............................................................. 19 PROCUREMENT AND ORGANISATIONAL STRATEGIES ......................................... 21 EU PROCUREMENT LEGISLATION ........................................................................... 23 UK PROCUREMENT LEGISLATION ........................................................................... 25 THE LEGAL CONTENT OF AN INVITATION TO TENDER ........................................ 27 CONTRACT LAW – IMPLIED VERSUS EXPRESS OBLIGATIONS ............................. 28 IT SYSTEMS AND SOFTWARE PROCUREMENT ................................................ 29 SPECIFICATION AND QUALITY MANAGEMENT...................................................... 31 SUPPLIER EVALUATION AND SELECTION TECHNIQUES ...................................... 33 CONSTRUCTING AN EFFECTIVE INVITATION TO TENDER ................................... 35 MANAGING THE TENDER PROCESS ......................................................................... 37 TENDER ANALYSIS SKILLS ....................................................................................... 39 CONTRACT AWARD – KEY CONSIDERATIONS ........................................................ 41 CONTRACT MANAGEMENT SKILLS .......................................................................... 43 POST CONTRACT AWARD CONSIDERATIONS ........................................................ 45 “FOOD” PROCUREMENT ........................................................................................ 47 “CONSTRUCTION” PROCUREMENT .......................................................................... 48 PREPARING FOR PURCHASING MANAGEMENT ..................................................... 49 THE PURCHASING CONTRIBUTION TO LONG-TERM BUSINESS PLANNING ....... 51 ORGANISING TO PROCURE ....................................................................................... 53 PROCUREMENT FRAUD............................................................................................. 55 TERMINATING CONTRACTS – COMMERCIAL AND LEGAL CONSIDERATIONS ... 57 PROCUREMENT IN LOCAL GOVERNMENT .............................................................. 59 FINANCE FOR NON-FINANCIAL SPECIALISTS ........................................................ 61 MANAGING PARTNERING AGREEMENTS................................................................ 63 MANAGING CONTRACT DISPUTES ........................................................................... 65 MOBILISING FOR EFFECTIVE CONTRACT DELIVERY ............................................ 67 APPOINTING AND MANAGING EXTERNAL ADVISERS ........................................... 69 WHAT COULD POSSIBLY GO WRONG WITH A PROCUREMENT? .......................... 71 UNDERSTANDING FINANCIAL MODELS .................................................................. 73 ©Brian Farrington Ltd 2010 Page 2
  • 3. Brian Farrington Commercial Courses Course Information Title PLANNING THE PROCUREMENT STRATEGY Reference PS1 Type Core knowledge Target Purchasing staff who are responsible for high value purchases and high risk Audience purchases Duration 1 Day Purpose Understand the need for planning a procurement strategy at the outset Understand the prime facets of a procurement strategy Understand the format and content of business cases Content Establishing the need - defining the commodity group and possible quantity requirement - specification requirements - special characteristics of the purchase - risk issues Understanding current supply arrangements - historical demand and supply considerations - profiling the supply market - the contractual nature of existing requirements - performance requirements Supply market research and analysis - purchase research methodologies - access to market reports - sources of supply market data - analysis of the supply market, including quality and environmental considerations Procurement strategy template  key facets of the template Planning, defining and agreeing preferred procurement strategy, including e-procurement considerations - authorisation of strategy - impact of Gateway review - impact of e-procurement - reverse auctions Traditional contracting or partnering - the strengths and weaknesses of traditional contracting - the strengths and weaknesses of partnering - how Partnering Boards operate - agreeing long-term service innovation and continuous improvement Outline Business Case - current cost base - implementation costs - cashable benefits - client side management - qualitative benefits - assumptions ©Brian Farrington Ltd 2010 Page 3
  • 4. Brian Farrington Commercial Courses Full Business Case - strategic fit - options appraisal - commercial aspects - affordability - achievability Supply positioning Matrix - strategic security - strategic critical - tactical acquisition - tactical profit Supplier preferencing - what it is - the supplier’s profiling of the buying organisation, relationships and drivers Delivery Style  Tutorial discussions, preparing a mock strategy, case study and preparing a strategy template Course  Notes, suggested template and Certificate of Attendance Materials Linked  The purchasing contribution to long-term business planning Courses ©Brian Farrington Ltd 2010 Page 4
  • 5. Brian Farrington Commercial Courses Course Information Title COMMERCIAL ACUMEN FOR NON- PROCUREMENT SPECIALISTS Reference PS2 Type Professional appreciation Target All non-procurement specialists who require commercial acumen within their Audience role Duration 2 Days Purpose Explain the commercial considerations when procuring goods and services Understand the issues around pricing decisions and relevance of costs Explain the relevance of contractual clauses to commercial judgments Content Price and cost considerations - the range of pricing strategies - exposing cost drivers - clarifying price differentials at the tender stage Supplier’s cash flow - the cost of money - milestone payments and valuations - payments discounts Supplier’s pricing decisions - absorption costing - knowing the buying organisation - pricing for contingency Dealing with contingency - exposing contingency provision - creating the contingency fund and methods for accessing such a fund - risk profiling Gainshare/Painshare agreements - gainshare agreements - the provision for damages - involving the supply chain Conducting due diligence - financial - operational - supply chain - past track record Negotiation skills - when to negotiate - the impact of standing orders and EU procurement directives - developing the skill of negotiation Managing contract change - assessing price changes - assessing impact on project programme Performance Bonds - the types of bonds - the wording of bonds Parent Company Guarantees - assessing the parent company - risk provision ©Brian Farrington Ltd 2010 Page 5
  • 6. Brian Farrington Commercial Courses Imposing Damages for contract non-performance - liquidated damages - unliquidated (consequential loss) damages - Key contract clauses - sample clauses including Escrow, Change of Law and change of ownership Right of Audit clauses - the content of the clause - applying the right of audit in practice - dealing with the findings Supplier visits - organising the visit - who to see - what are we looking for Ethical issues - ethical considerations - hospitality Prevention of corruption - the Prevention of Corruption Acts Delivery Style  Tutor input, discussion group work, case studies and solution analysis Course  Course notes and reference material and Certificate of Attendance Materials Linked  Planning the procurement strategy Courses ©Brian Farrington Ltd 2010 Page 6
  • 7. Brian Farrington Commercial Courses Course Information Title SUSTAINABLE PROCUREMENT – STRATEGIES AND PRACTICE Reference PS3 Type Core knowledge Target Procurement and other officers engaged in implementing sustainable Audience procurement strategies and practice Duration 1 Day Purpose Develop a common understanding of sustainable procurement Provide tools and techniques of defining sustainable impacts Help procurement specialists understand the benefits of incorporating sustainability into the procurement process Provide an understanding of the benefits of engaging the supply chain into sustainability strategies Content What is sustainable procurement? - definition - general principles - category specific examples e.g. landfill tax Risk based approach to sustainable procurement - Basic risk management - Why the environment is a risk - Climate change - Resource depletion - Emissions - Waste - pollution Risk to the organisation from the environment - reputational - supplier failure - legal compliance - environmental taxation - health impacts Sources of environmental procurement risks - supplier performance on own site - supplier performance on buyer’s site - supplier provided goods and services Control and management - consumption reductions - seek green options - evaluate cost/benefits - green supplier selection - green design - green specifications Sustainable procurement assessment toolkit - prioritising categories - demand review - action planning - specification checklist - whole life cycle cost model ©Brian Farrington Ltd 2010 Page 7
  • 8. Brian Farrington Commercial Courses Regulatory and guidance sources - BS EN ISO 14001 Environmental Management - RoHS Regulations (Statutory Instrument S12008 No37) - WEEE Directive - Local Government sustainable procurement strategy Delivery Style  Case studies, tutor input and tutor led problem solving Course  Course notes in checklist form and Certificate of Attendance Materials Linked  Planning the Procurement Strategy Courses ©Brian Farrington Ltd 2010 Page 8
  • 9. Brian Farrington Commercial Courses Course Information Title ENGAGING WITH VOLUNTARY AND COMMUNITY ORGANISATIONS – THE THIRD SECTOR Reference PS4 Type Core knowledge, Awareness and Practical Application Target Commissioning, procurement, finance and service delivery staff engaged or Audience likely to become engaged in procurement from third sector organisations Duration 1 Day Purpose Understand the range of services available from the third sector Understand the value added potential from the third sector Explain the difference between grant funding and procurement of goods and services from the third sector Content The Third Sector – range of capabilities - reference to drug treatment, rehabilitation, asylum support services, children’s services, adult social care and crime and disorder reduction partnerships Scale, scope and organisational models for the third sector - the emphasis on SME’s - the scope of the third sector - organisational models Contract social clauses - community benefits - added value services - drafting the clauses Relevant Government policy - Value For Money - practical guidance - reducing barriers - creating level playing fields - the myth that EU Procurement is a barrier Value added from the third sector - community links - specialised knowledge - no institutional pressures - innovation - responsiveness - niche markets not generalists Pricing considerations - not for profit - full cost pricing considerations and impact - return on investment considerations Benefits and barriers to working with the third sector - access to finance - charities competing fro funding - back office capacity and organisation ©Brian Farrington Ltd 2010 Page 9
  • 10. Brian Farrington Commercial Courses Four key areas where action is needed - commissioning - procurement - learning - accountability Using the flexibility inherent in European procurement legislation - contracts falling outside the provisions of EU Procurement Directives - supported businesses and the Special Contracts Arrangements - procurement fully subject to the EU Procurement Directives and partially exempt procurement Delivery Style  Tutor input and discussion plus practical considerations of procurement Course  Course notes and checklists and Certificate of Attendance Materials Linked  EU Procurement Directives Courses ©Brian Farrington Ltd 2010 Page 10
  • 11. Brian Farrington Commercial Courses Course Information Title MANAGING THE PROCUREMENT FUNCTION Reference PS5 Type Practical application Target Procurement Managers, procurement staff preparing for management and Audience managers with significant procurement involvement and/or accountability, e.g. Finance Directors. Duration 2 Days Purpose Understand the essential facets of procurement management Explain the strategic and policy requirements of procurement Understand the requirement for long-term risk management processes to deal with the supply chain Understand the need for financial, contractual and operation knowledge Content The role and influence of procurement - procuring goods and services from third parties - impact on service delivery - managing risk and opportunity Managers – key roles and functions - process, roles and tasks - public and private sector approaches - impact of stakeholder groups - managing stakeholders Ethics and social responsibility - social responsibility and ethics - ethical codes and rules - organisational goals and strategy Span of control and job design - span of control, advantages and disadvantages - the six tenets of job design Management decision making - tools for decision making - problem solving approaches Policies, procedures and controls - essential policies - process mapping - designing appropriate controls - audit regimes Organisation structures - centralised operations - delegated operations - consortia Category analysis - identifying appropriate categories - coding and classification - aggregation potential Supply base analysis - the Pareto distribution - data provision and analysis - expenditure and risk assessment Marketing procurement - understanding stakeholders and their needs ©Brian Farrington Ltd 2010 Page 11
  • 12. Brian Farrington Commercial Courses - growing supplier interest - simplifying tender procedures Procurement competency profiling - identifying the competencies, skills and knowledge - designing the metrics - public sector differentiators Measuring and reporting procurement performance - inputs, outputs and process - balanced scorecard - relevant management information Managing improvement - continuous improvement - demanding targets - rewarding personal achievement - motivational tools Drivers of change - legislation - costs of service - public demand - emergencies Employment legislation - employment legislation – an outline - TUPE - contractors - employee rights in a disciplinary process Delivery Style  Tutor led discussions, case studies and problem solving scenarios Course  CIPS Level 5 Study Guide and Certificate of Attendance Materials Linked  Planning the Procurement Strategy Courses ©Brian Farrington Ltd 2010 Page 12
  • 13. Brian Farrington Commercial Courses Course Information Title PROJECT MANAGEMENT AND PROJECT MANAGEMENT METHODOLOGY Reference PS6 Type Procurement strategy and professional awareness Target Current and potential project managers, others involved in project delivery Audience Duration 2 Days Purpose Identify the stages in the project management process Explain how to build and manage project teams Explain the principles of project planning and time management Explore examples of project management methodologies Content Overview - the nature of project management - methodologies and toolkits - identification of goals The ingredients of excellence in project delivery - a team with relevant knowledge and skills - detailed planning - effective risk management - dealing with slippage - learning from failed projects Adapting to circumstances - deconstructing the template - developing a flexible framework - identification of timescales - the planning horizon Starting a project - project initiation documents - formal approval process - identification of goals and objectives - critical success factors - scope and timescales - assumptions Planning - appropriate levels of details - phases in the plan - milestones - outputs, not processes - communicating the plan Mapping it out - Working backwards - Gantt charts - Identification of major tasks and durations - Identifying dependencies - Independent tasks - The critical path OGC Gateways ©Brian Farrington Ltd 2010 Page 13
  • 14. Brian Farrington Commercial Courses - the Gateways process and Gates - applicability - guidance - support Communication and collaboration - who need the information? - stimulating action - influencing attitudes and behaviour - encouraging feedback - external stakeholders Delivery Style  Formal presentations, tutor led discussions, problem solving case studies and personal presentation Course  Notes, slide set, pre-course reading and Certificate of Attendance Materials Linked  Planning the procurement strategy Courses  Finance for Non-Financial Specialists ©Brian Farrington Ltd 2010 Page 14
  • 15. Brian Farrington Commercial Courses Course Information Title VFM COLLABORATIVE PROCUREMENT Reference PS7 Type Procurement strategy Target Purchasing staff who will be working in areas covered by the protocol and Audience developing it in the future Duration 1 Day Purpose Identify the main features of collaborative procurement Explain the key features of value for money approaches Explain the benefits of collaborative procurement approaches Identify the procedures applicable to particular areas of the procurement process Content Objectives of collaborative procurement - limit the dispersal of procurement processes - standardise prices for goods and services - improved value for money for smaller organisations - simplified access for small and large organisations wishing to provide goods and services to the public sector Value Wales joined up approach - enhanced value for money - development of expertise - transfer of knowledge across Wales - co-ordinated approach to the supply market - excellence in supporting public sector services Value for money - economy, efficiency and effectiveness - identification of benefits - determination of costs, short and long term Procurement strategy - Identification of local priorities - Maximising savings - Development of sourcing strategy - Development of long-term activity plans Areas for collaboration - framework contracts - all-Wales frameworks - OGC frameworks - specialist contracts Professional services and social care - Features of professional services procurement - Procuring social care - Identifying value and quality of service Management information - information to support decisions - break down of spend by departments - consistency of standards - building awareness of collaborative procurement routes across organisations Managing and reporting performance - setting targets for savings ©Brian Farrington Ltd 2010 Page 15
  • 16. Brian Farrington Commercial Courses - consulting with system users - use of KPIs - continuous improvement Delivery Style  Formal presentations, tutor led discussions, problem solving case studies and personal presentation Course  Notes, slide set, pre-course reading and Certificate of Attendance Materials Linked  Planning the procurement strategy Courses  Finance for Non-Financial Specialists ©Brian Farrington Ltd 2010 Page 16
  • 17. Brian Farrington Commercial Courses Course Information Title E-PROCUREMENT – A PRACTICAL INSIGHT Reference PS8 Type Core knowledge Target Procurement staff and others needing an understanding of the breadth of e- Audience procurement Duration 1 Day Purpose Understand the detail of e-procurement Understand the benefits including cost and time Appreciate the practical obstacles to implanting e-procurement Content e-procurement tools  purchasing cards  BACS payment  supplier hosted web catalogues  internally hosted catalogues  on-line ordering  electronic requisitioning and ordering  on-line EU contract notification and award notices e-sourcing  what is it?  what can it do?  demand aggregation  requirements definition  supplier discovery  RFI; RFP; RFQ  reverse auctions e-tendering  why use e-tendering?  how to use an e-tendering solution  features of e-tendering  e-evaluation  decryption  opening tenders  evaluation  ranking  currency reconciliation e- vendor management  why use it?  features and functionality e-contract management  the elements of a typical eCMS  automation of processes  feedback into the sourcing process e-auctions ©Brian Farrington Ltd 2010 Page 17
  • 18. Brian Farrington Commercial Courses  how do e-auctions work?  the revenue equivalence theorem  collusion – coordination  e-auction experiences Delivery Style  Tutor led discussion and explanation of real life experiences with e- procurement, plus group discussion. Course  Course notes in checklist form and reference sources and Certificate Materials of Attendance Linked  None Courses ©Brian Farrington Ltd 2010 Page 18
  • 19. Brian Farrington Commercial Courses Course Information Title SUPPLIER RELATIONSHIP MANAGEMENT Reference PS9 Type Core knowledge Target Procurement, service managers and others actively engaged in supplier Audience management Duration 1 Day Purpose Understanding how to create effective relationships Understanding the tools available for relationship management Explain the benefits from positive relationships Content The relationship spectrum  formal relationships  business trust relationships  dependency relationships e-procurement and relationship management  managing the distant relationship  providing adequate briefings on the process  reverse auctions and trust in the process  tendering processes How to establish positive relationships - team building skills - role definition - facing reality when challenges are present Working with different personalities and cultures - understanding the respective business drivers - examining the personalities and their drivers - the impact of organisational and country culture Consequences of poor relationships - breakdown in performance - lack of trust delaying actions - claims for extras and contract change requirements Tools and techniques - team building - personality profiling - off-site review sessions - reward systems - motivational tools Relationship issue analysis - key personnel - accountabilities - pressure from senior management - unreasonable demands of individuals Buyer seller expectations and values  the profit motive  service excellence  contract length and renewal A practical model for developing a relationship  explanation of the model Dealing with a breakdown in relationships ©Brian Farrington Ltd 2010 Page 19
  • 20. Brian Farrington Commercial Courses - the role of the honest broker - getting the team to solve problems - documenting agreement Delivery Style  Tutor led discussion and formal presentation, discussion and study of relationship building and breakdown Course  Course notes in bullet format and Certificate of Attendance Materials Linked  None Courses ©Brian Farrington Ltd 2010 Page 20
  • 21. Brian Farrington Commercial Courses Course Information Title PROCUREMENT AND ORGANISATIONAL STRATEGIES Reference PS10 Type Core knowledge Target Procurement, finance, audit and service managers actively engaged in Audience developing procurement and related strategies Duration 2 Days Purpose Explain organisational strategies and linkage with procurement strategies Understand how to develop an effective procurement strategy Understand the legislative influences on strategic thinking Explain how strategic supplier management is a significant contributor to performance Content Strategic management defined - levels of decision making - long, medium and short term planning Organisational context - relationships with suppliers, customers and other stakeholders - identification of organisational resources - organisational politics and culture Strategy over time - re-evaluation of assumptions - changes to objectives - identifying ineffective strategies - addressing areas of implementation Stakeholder analysis - identification of stakeholders - stakeholder objectives - power and influence - impact on the organisation Value Wales procurement strategy template - content of the template - relating the template to participant’s organisation Sector specific strategies – overview - local government - health - education Legislative influence - open competition - framework agreements - choice of procurement route - PPP/PFI strategies Senior staff strategic awareness - long-term planning - strategies for delivering key services - strategic plans with procurement Strategic supplier management ©Brian Farrington Ltd 2010 Page 21
  • 22. Brian Farrington Commercial Courses - relationships - business planning and sharing data - category management Delivery Style  Tutor led discussion, case studies and practical strategy development Course  Course notes, reference material and Certificate of Attendance Materials Linked  Planning the Procurement Strategy Courses ©Brian Farrington Ltd 2010 Page 22
  • 23. Brian Farrington Commercial Courses Course Information Title EU PROCUREMENT LEGISLATION Reference LF1 Type Awareness and Career Development Target Procurement Managers and Staff with responsibility for ensuring compliance Audience with EU Procurement Legislation Duration 1 day Purpose Provide background to the EU General Public Sector Directive and the Utilities Directive Explain the procedures that contracting authorities must follow under the EU Procurement Regime Explain the implications of the existing Remedies Directives and new 2007 Remedies Directive Ensure a consistent application of the EU procurement rules across all contracting authorities. Manage risk during the EU procurement process Content Background to EU Public Procurement Regime - Purpose of the EU Public Procurement Rules - Evolution of EU Public Procurement Regime - Who is affected by the EU Public Procurement Regime EU Public Procurement Directives - Public Sector Directive – works, supplies and services - Utilities Directive - Original Remedies Directives - 2007 Remedies Directive - Implementation of the Directives in UK Contracting Authority’s basic advertising requirements - OJEU – what is it? - Contract thresholds - Types of Notices and timescales - Exemptions to advertising requirements - Basic Treaty Requirements to be satisfied Advertising in the OJEU - Contents of Notices - Technical Specifications - Selection Criteria - Award Criteria – dealing with weightings - Dangers of changing selection/ award criteria after contract advertised in OJEU Awarding the contract - Selecting the most appropriate procedure - Open Procedure - Restricted Procedure - Negotiated Procedure - Competitive Dialogue - Accelerated Procedure - Alcatel Standstill Provisions and implications of new 2007 Remedies ©Brian Farrington Ltd 2010 Page 23
  • 24. Brian Farrington Commercial Courses Directive Risks of breaching procurement rules - Damage claims - Injunctions - European Commission investigation - Finding of Illegal Direct Award and potential cancellation of contract - Minimising the risk of breaches Types of procurement - Framework Agreements - Dynamic Purchasing Systems - Electronic Procurement - Dividing contracts into lots Dealing with confidential information during the procurement process - Non Disclosure Agreements with tenderers - Specific issues arising in competitive dialogue Interactive Case Studies - Drafting a contract notice - Establishing Award Criteria - Awarding a contract – correct procedure - Dealing with a request for a disgruntled bidder Delivery Style  Formal presentations, tutor led discussions, interactive problem solving case studies and personal presentation Course  Notes, slide set, pre-course reading and Certificate of Attendance Materials Linked  UK Procurement Legislation Courses  Managing the Tender Process Course Information ©Brian Farrington Ltd 2010 Page 24
  • 25. Brian Farrington Commercial Courses Title UK PROCUREMENT LEGISLATION Reference LF2 Type Awareness and Career Development Target Procurement Managers and Staff with responsibility for ensuring compliance Audience with UK Procurement Legislation Duration 1 Day Purpose Provide background to how the EU Procurement Directives have been implemented in the UK Explain the procedures that contracting authorities must follow under UK procurement legislation Explain guidance that is available from OGC in UK procurement legislation Ensure a consistent application of the EU procurement rules across all contracting authorities. Manage risk during the EU procurement process Content Background to EU Public Procurement Regime - Purpose of the EU Public Procurement Rules - Evolution of EU Public Procurement Regime - Who is affected by the EU Public Procurement Regime EU Public Procurement Directives - Public Sector Directive – works, supplies and services - Utilities Directive - Original Remedies Directives - 2007 Remedies Directive - Implementation of the Directives in UK How EU Public Procurement Rules have been implemented in the UK - Public Contracts Regulations - Public Utilities Contracts Regulations - Remedies Regulations - Forthcoming Regulation implementing 2007 Remedies Directive Contracting Authority’s basic advertising requirements - OJEU – what is it? - Contract thresholds - Types of Notices and timescales - Exemptions to advertising requirements - Basic Treaty Requirements to be satisfied - OGC Guidance on advertising requirements Advertising in the OJEU – OGC Guidance - Contents of Notices - Technical Specifications - Selection Criteria - Award Criteria – dealing with weightings - Dangers of changing selection/ award criteria after contract advertised in OJEU Awarding the contract ©Brian Farrington Ltd 2010 Page 25
  • 26. Brian Farrington Commercial Courses - Selecting the most appropriate procedure – OGC Guidance - Open Procedure - Restricted Procedure - Negotiated Procedure - Competitive Dialogue - Accelerated Procedure - Alcatel Standstill Provisions and implications of new 2007 Remedies Directive Risks of breaching procurement rules - Damage claims – examples of UK cases - Injunctions – examples of UK cases - European Commission investigation - Finding of Illegal Direct Award and potential cancellation of contract - Minimising the risk of breaches – OGC Guidance Types of procurement – OGC Guidance - Framework Agreements - Dynamic Purchasing Systems - Electronic Procurement - Dividing contracts into lots Dealing with confidential information during the procurement process - Freedom of Information Act - Non Disclosure Agreements with tenderers - Specific issues arising in competitive dialogue Interactive Case Studies - Drafting a contract notice - Awarding a contract – correct procedure - Dealing with a FOIA request - Dealing with a request for a disgruntled bidder Delivery Style  Formal presentations, tutor led discussions, interactive problem solving case studies and personal presentation Course  Notes, slide set, pre-course reading and Certificate of Attendance Materials Linked  EU Procurement Legislation Courses  Managing the Tender Process ©Brian Farrington Ltd 2010 Page 26
  • 27. Brian Farrington Commercial Courses Course Information Title THE LEGAL CONTENT OF AN INVITATION TO TENDER Reference LF3 Type Core knowledge Target Procurement, legal services, audit and service managers involved in designing Audience ITT’s Duration 1 Day Purpose Understand the key contract clauses and their potential application Understand typical schedules to a contract and their potential application Explain the need to anticipate contractual non-performance and remedies available Content Key Contract Clauses (Examples only - others will be accommodated) - Changes in law - Change in service priorities - Damages and service credits - IPR’s - Specification - Force Majeure - Contract review and contract extension - Jurisdiction - Payment - Change in ownership - Insurances - Right of Audit - Open Book - Termination Schedules to the contract (Examples only – others will be accommodated) - Exit plan - Emergency planning - Novated contracts - Dispute resolution - Performance bond - Contract change - Benchmarking - Key personnel - Security considerations Delivery Style  Tutor led discussion around actual clauses and schedules, using case law to illustrate practical situations that arise in business. Course  Relevant notes with illustrative clauses and Certificate of Attendance Materials Linked  Contract Law Courses ©Brian Farrington Ltd 2010 Page 27
  • 28. Brian Farrington Commercial Courses Course Information Title CONTRACT LAW – IMPLIED VERSUS EXPRESS OBLIGATIONS Reference LF4 Type Core knowledge Target Procurement, service managers and audit staff Audience Duration ½ Day Purpose Highlight typical points of failure in non-commodity procurements Explain the difference between implied and express obligations Explain the concepts surrounding the elevation of the supplier to expert Provide a list of do’s and don’ts in relation to a supplier’s obligations Content What is the law that impacts on procurement? When and how contracts are formed Commodities versus solutions Letters of Intent Instructions to Proceed Caveat Emptor The dangers of using the supplier’s contract terms and conditions Implied obligations Express obligations Material breach Remedies at law Do’s and Don’ts for purchasers Delivery Style  Formal presentation and participant discussion Course  Course notes in checklist form and Certificate of Attendance Materials Linked  Tendering and Specification writing Courses Course Information ©Brian Farrington Ltd 2010 Page 28
  • 29. Brian Farrington Commercial Courses Title IT SYSTEMS AND SOFTWARE PROCUREMENT Reference PP1 Type Core knowledge Target Procurement, IT, Project Management and Senior Staff engaged in IT Systems Audience and Software Procurement Duration 2 Days Purpose Identify the essential commercial and legal considerations when buying IT Understand the source of disputes in typical IT contracts Explain the crucial role to be played by procurement specialists Explain the commercial risks that need optimising Content Background to IT Procurement - the technical dominance in procurement - balancing technical and commercial interests - long-term life cycle costs - risk management - Gateway reviews A brief history of IT disasters and successes  specification issues  cost overruns  programme overruns  technical change The role and influence of procurement  key phases of the procurement cycle  due diligence  evaluation criteria and weightings  formation of the contract, including letters of intent and Instructions to proceed  assignment and novation issues  Contracts (Rights of Third Parties) Act 1999 A robust procurement process through to contract signature  managing the tender process  documenting discussions  reference site visits  handling the supplier’s pressure to get to contract signature  using OGC Framework Agreements Cost drivers, price management and negotiation - hardware, software, labour/development costs, installation and maintenance costs - managing prices in the longer term - price review mechanisms and choice of indexation - when and how to negotiate Critical commercial facets of IT and Software - relationship between supply and support contracts - off the shelf contractual issues - testing and acceptance - applying damages and service credits - business continuity Software licences and development agreements ©Brian Farrington Ltd 2010 Page 29
  • 30. Brian Farrington Commercial Courses - key features of software licences - different types of software licences - structure of a typical object licence agreement - licensee obligations - licensor’s warranties and liabilities - indemnities Intellectual property rights in systems and software - copyright in software and databases - trademarks and service marks - Escrow agreements Managing IT contracts – liabilities and dispute management - performance bonds and insurance requirements - intellectual property infringement - calculating a cap on liability - dispute resolution and ADR Long-term IT support contracts - right to terminate - guaranteeing availability of support - help desks - negotiating response times - accessing upgrades and the commercial implications - off-shoring implications Delivery Style  Tutor led discussions and formal input, case studies, consideration of court judgments on IT cases and problem solving scenarios Course  Course notes based on practical and proven checklists and Certificate Materials of Attendance Linked  Managing the Tender Process Courses ©Brian Farrington Ltd 2010 Page 30
  • 31. Brian Farrington Commercial Courses Course Information Title SPECIFICATION AND QUALITY MANAGEMENT Reference PP2 Type Core knowledge Target Procurement, quality management, heads of service and contract management Audience staff Duration 1 Day Purpose Ensure a full understanding of writing and presenting specifications Stress the importance of quality management throughout the procurement process Emphasise the linkage with contractual terms and conditions Content Writing effective specifications - output versus input specifications - using the right language - the various ways to specify including buying by sample, chemical analysis, etc - guidelines for content and presentation Input versus output specifications - the arguments for and against each - the contractual implications Key Performance Indicators - defining key performance indicators - the consequences of them not being met Acceptance testing and quality standards - the difficulties relying on the supplier’s testing programme - time for acceptance - rework implications Linkage with contractual terms and conditions - inspection rights - termination rights - right to audit - supply chain implications Applying damages for non-performance - preparing a heads of claim - retendering implications Environmental considerations - specifying and accountability for environmental matters Sustainability considerations - environmental considerations On-site inspection and rejection processes - rights to use third party inspection - rejecting work in progress Quality certification - checking the accreditation source - AQAS Product guarantees ©Brian Farrington Ltd 2010 Page 31
  • 32. Brian Farrington Commercial Courses - when do they start - how long - terms of the guarantee Repair or replace - supplier’s right to repair or replace - recommencement of guarantee period As built drawings - Escrow - IPR’s Delivery Style  Tutor input, discussion, problem solving case studies Course  Course notes and tender document references and Certificate of Materials Attendance Linked  None Courses ©Brian Farrington Ltd 2010 Page 32
  • 33. Brian Farrington Commercial Courses Course Information Title SUPPLIER EVALUATION AND SELECTION TECHNIQUES Reference PP3 Type Core knowledge Target Procurement staff and likely Project Board members Audience Duration 1 day Purpose Explain the rationale for evaluating suppliers at PQQ and tender stages Understand the need for robust evaluation criteria and weightings Gain an understanding of handling supplier presentations Explain the methodology used by effective evaluation panels Content Purchases < EU Threshold - the relevance of standing orders and procurement rules - the EU thresholds for supplies, services and construction Purchases > EU Threshold - the process for such purchases - aggregation rules - time periods applicable to aggregation Risk profiling the intended purchase - the risk register - the different types of risks - obtaining the supplier’s view of risks Soft Market Testing - what is legitimate - making notes of meetings - preparing relevant notes Informing the supply market - advertising - bidder’s days - internal tender information OJEU advertisements - the content of the OJEU advertisement - ensuring the content is appropriate - time for responses Bidder’s days - hosting the day - the content of presentations - who shall make the presentation - ensuring the quality of presentations Designing the content of a PQQ - the sections of the PQQ - asking relevant questions - making it service/goods specific Designing the content of an Invitation to Tender (ITT) ©Brian Farrington Ltd 2010 Page 33
  • 34. Brian Farrington Commercial Courses - instructions to tenderers - the sections of the ITT - the contract and schedules Evaluation criteria and weighting modelling - determining the criteria - deciding on the weightings (if any) - the scoring system Financial and Technical considerations - cost modelling - specification writing Supplier presentations - assessing the quality of the presentations - controlling the time - asking questions Contract award - the Alcatel standby period - Judicial reviews - Authorisation to sign the contract Delivery Style  Tutor input, tutor led discussions, analysis of actual documentation Course  Notes, case studies, templates and Certificate of Attendance Materials Linked  Tender Analysis Skills Courses ©Brian Farrington Ltd 2010 Page 34
  • 35. Brian Farrington Commercial Courses Course Information Title CONSTRUCTING AN EFFECTIVE INVITATION TO TENDER Reference TB1 Type Core knowledge Target Procurement and Service Managers who are or will be engaged in preparing Audience Invitations to Tender Duration 1 Day Purpose Understand what an effective ITT looks like Appreciate the benefits of helping tenderers to produce first class tenders Understand that innovative solutions can be sought and evaluated Content Reference to business case - confirm technical and financial requirements - confirm affordability envelope - confirm decision making timescales Instructions to tenderers - defining the essential content - in what medium are tenders to be submitted - tender validity period - are tender bonds required Using the right language - avoiding acronyms - providing a glossary of terms - avoidance of pointing to a specific solution Explaining the requirement to tenderers - the specification - client specific circumstances impacting on performance - KPI’s - defining ‘must haves’ and ‘nice to haves’. Anticipating tenderer’s questions - typical areas of concern - technical questions - procurement questions - the process for resolving queries that arise during the tender process Requesting cost information - designing the cost model - anticipating the cost drivers - dealing with contingency provision Requesting innovative solutions - encouraging innovative solutions - permitting non-compliant tender solutions - how to evaluate innovation Dealing with competitive edge solutions - confidentiality - reaching an understanding of cutting edge solutions - pricing the alternative ©Brian Farrington Ltd 2010 Page 35
  • 36. Brian Farrington Commercial Courses Explaining the procurement process and timescales to get to contract - setting out the process - evaluation panels - the decision making process - Local Authority call-in periods The ITT evaluation model - criteria and weightings - scoring systems Populating the contract clauses and schedules to contract - boilerplate clauses - contract specific clauses - schedules that may be required Delivery Style  Tutor led discussions and formal input, problem solving scenarios Course  Course note checklists and Certificate of Attendance Materials Linked  Tender Analysis Skills Courses ©Brian Farrington Ltd 2010 Page 36
  • 37. Brian Farrington Commercial Courses Course Information Title MANAGING THE TENDER PROCESS Reference CA1 Type Core knowledge Target Procurement, finance, audit and service managers actively engaged in tendering Audience processes Duration 1 Day Purpose Understand the end-to-end tender process Explain the salient considerations for the tender process to work effectively Explain the typical pitfalls Content Understanding the legal framework surrounding the tendering process - EU Directives - Standing Orders - Standstill period - Tender validity period Incorporating the terms and conditions of contract - the rules of offer and acceptance - dealing with contractual non-compliance - dealing with the involvement of external legal advisers Determining the rules of the bidding process - communication protocol - receipt and opening of tenders - raising clarification questions How to use non-collusion clauses - non-collusion undertakings - consequences of breach How to handle bidders’ conferences and/or reference site meetings - organising a bidder’s conference - who should be involved - reference site meetings - contemporaneous notes Preparing the pricing schedules - what are the potential cost drivers? - designing the pricing template - instructions for completing the template The legal aspects of return of tenders - validity date - tender bonds - making counter offers and the likely consequences Evaluating the bids, both commercially and technically - the criteria and weightings - the role of evaluation panel members - technical considerations and impact on price and performance Preparing for and undertaking post tender clarification and negotiation - identifying the issues - planning the process - documenting the outcome - ensuring the audit trail is complete ©Brian Farrington Ltd 2010 Page 37
  • 38. Brian Farrington Commercial Courses The Alcatel period - what does it mean? - how is it applied? - dealing with appeals - judicial reviews Authorisation for contract award - Central government and local authority decision making - Delegated authority implications Advising non-successful bidders - EU Directive guidance - satisfying the formalities - simple What information to provide - Providing a debrief Awarding the contract - simple versus deed contracts - ensuring formal acceptance Delivery Style  Tutor input, discussion, problem solving and role playing Course  Notes in checklist form and official guidance references and Materials Certificate of Attendance Linked  Constructing an effective Invitation to Tender Courses ©Brian Farrington Ltd 2010 Page 38
  • 39. Brian Farrington Commercial Courses Course Information Title TENDER ANALYSIS SKILLS Reference CA2 Type Core knowledge Target Procurement and other functional specialists engaged in tender analysis Audience Duration 1 Day Purpose Explain the importance of professional analysis of tenders Understand the nuances included in tenders by bidders Understand that detailed evaluation is a task requiring diligence Content Linking the content of a tender to the evaluation model - facets of the evaluation model - locating specific answers to evaluation facets - ensuring the right criteria are used Dealing with vague statements - examples of vague statements - drafting clarification questions - determining the impact of the vagueness Dealing with non-compliance - what was said in the tender? - were alternative solutions requested? - deciding to pursue non-compliance Taking up references - written or verbal requests - going beyond the façade of references - the necessity for due diligence Dealing with contradictions - the nature of contradictions - clarification process Technical analysis - compliance with specification - method statements - quality management of the service or manufacturing Commercial analysis - pricing detail - supply chain issues - financial health of the supplier - payment and/or funding issues Financial analysis - the supplier’s accounts - performance bonds/PCG - comprehensiveness of pricing detail - remedies for non-performance Contractual analysis - identifying the impact of any non-compliance - dealing with other matters raised - analysing alternative clauses suggested Identifying questions for clarification ©Brian Farrington Ltd 2010 Page 39
  • 40. Brian Farrington Commercial Courses - responsibility to draft the questions - accountability for raising questions with bidders Briefing the evaluation team - ensuring that all the evaluation panel understand the model - explaining the scoring system Resolving in-house differences of findings - the formality of recording differences - discussing and agreeing the consensus Qualifying words and phrases - working examples of such phrases and words - understanding the impact of them Delivery Style  Tutor input using actual examples from a range of tenders, plus notes in checklist form Course  Course notes and reference material and Certificate of Attendance Materials Linked  Constructing an effective tender and the Legal Content of a Tender Courses ©Brian Farrington Ltd 2010 Page 40
  • 41. Brian Farrington Commercial Courses Course Information Title CONTRACT AWARD – KEY CONSIDERATIONS Reference CA3 Type Core knowledge Target Procurement, finance, audit and service managers actively engaged in contract Audience award processes Duration 2 Days Purpose Understand the formalities of contract award Explain the benefits of debriefs Understand how to comply with EU Directives and other Regulations Content Recommendation to award a contract - preparing the report - complying with MEAT - explaining the process Approval processes - Departmental sign off - Council and other bodies’ approval - Role of scrutiny panel - Call in periods and implications Contract standstill period - Alcatel period and implications - Relevance to contract signature - Appeals within the period Letters to successful and unsuccessful bidders - model letters - offering debriefs Supplier debriefs - the content of the debrief - participants - recording the comments and responses Contract award notice - complying with EU Directives - timescales Securing and recording benefits - analysis, recording and reporting benefits - ensuring that through life costs are taken into account Contract signature - authorised signatures - delegated authority - simple or contracts under seal Security and CRB clearance - security clearance levels - security clearance processes and timescales - CRB requirements Health & Safety briefings - the importance of health & safety ©Brian Farrington Ltd 2010 Page 41
  • 42. Brian Farrington Commercial Courses - briefings prior to site engagement - the legal requirements Hand over to contract management - formal handover to contract management - explaining contract terms and conditions - pointing out contractual obligations on the client side Publicising contract award in-house - advising interested parties - explaining whether the contract is mandatory - understanding Framework Agreements Efficiencies and reporting - the requirements for efficiency improvement - continuous improvement plans - reporting performance - public satisfaction surveys Capturing lessons learned - what are the lessons learned - transferring the learning by communication Delivery Style  Formal inputs, case studies, role plays and review of actual situations Course  Course notes in checklist form with extracts of formal advice and Materials Certificate of Attendance Linked  Managing the Tender Process Courses ©Brian Farrington Ltd 2010 Page 42
  • 43. Brian Farrington Commercial Courses Course Information Title CONTRACT MANAGEMENT SKILLS Reference CM2 Type Core knowledge for procurement and contract management staff Target Procurement and contract management staff Audience Duration 2 Days Purpose Understand the contract complexities that need handling Understand the legal framework in which contract management takes place Explain the practical steps in obtaining and analysing performance data Content Understanding the contract - contractual terms and conditions - schedules to the contract - the specification - reporting performance Formal contract reviews - scheduled review meetings - the agenda - who should be present - timing Contract monitoring approaches - formal - informal - escalating the involvement - electronic monitoring Provision of relevant Management Information (MI) - the content required by the contract - when it is to be provided - accuracy - inadequate and misleading data Managing contract review meetings - chairing the meeting for positive outcomes - establishing facts - getting a balanced picture of performance - agreeing and documenting actions Monitoring performance against KPI’s and National Indicators - KPI’s and National Indicators - linking performance to gainshare and painshare - implementing damages and/or service credits Preparing a contract management plan - the content of a plan - the specific proposed contract management structure - time lines Conducting spot audits - when to make them - involving internal audit - having the right skills and knowledge present ©Brian Farrington Ltd 2010 Page 43
  • 44. Brian Farrington Commercial Courses Dealing with non-performance - resolving amicably - formal disputes - contract termination Serving notices of breach of contract - the legal process - maintaining the audit trail Responses to contractor default - acquiescence - dispute resolution - action plans Contract renewal planning - establishing the data base - avoiding breaching EU Regulations and Standing Orders Delivery Style  Tutor input, discussions, case studies and role playing Course  Course notes in checklist form, reference material and Certificate of Materials Attendance Linked  Contract Law, Managing Disputes Courses ©Brian Farrington Ltd 2010 Page 44
  • 45. Brian Farrington Commercial Courses Course Information Title POST CONTRACT AWARD CONSIDERATIONS Reference CM2 Type Core knowledge Target Purchasing and Contract Management Staff Audience Duration 1 Day Purpose Explain the typical considerations for post contract award actions Understand the contractual linkages impacting on contract performance Experience problem solving based on actual contract defaults Understand the principle of acquiescence Content Contract Management - knowledge and skills requirements - understanding the contract - taking decisive action Provision of Management Information - defining this in the contract - frequency and detail required - the medium in which the MI will be provided Contract change - contract change processes - impact on cost and programme - timescales for decision making Key personnel - acceptability or otherwise - replacing key personnel - involvement in the contract and cost Client obligations - information turnaround - payment - partnering actions Supplier obligations - performance - continuous improvement - quality, sustainability and equality Exit strategies - when the exit strategy and exit plan will be agreed - the detailed content of the exit plan - retendering actions - linkage with termination Dispute resolution - ADR process - Binding or not Contract reviews - frequency - content - minutes ©Brian Farrington Ltd 2010 Page 45
  • 46. Brian Farrington Commercial Courses Benchmarking - contract provision - price matching clauses - confidentiality Defining material breach - the definition of material breach - linkage with termination rights Delivery Style  Tutor input, group discussion, case study Course  Notes, slide deck and bibliography and Certificate of Attendance Materials Linked  Contract Management Skills Courses ©Brian Farrington Ltd 2010 Page 46
  • 47. Brian Farrington Commercial Courses Course Information Title “FOOD” PROCUREMENT Reference ERP2 Type Core knowledge and subject matter appreciation Target Procurement, finance, audit and service managers actively engaged in food Audience procurement Duration 2 Days Purpose Understand the specialist nature of food procurement Develop Strategies for food procurement Content  Definition of food procurement  The Public Sector Food Procurement Initiative (PSFPI)  Menu of priority objectives  Menu of other objectives  Strategic stakeholders  The policy landscape  NAO report ‘Smarter Food procurement in the public sector’ [HC 963-1 2005-2006]  Costs, quality and sustainability  Reviewing current practice  Initiatives that may be taken  Delivering an effective food procurement process  The food supply chain  Catering contracts – some key considerations  School, hospital and prison food procurement  Characteristics of successful food procurement  School Food Trust Survey February 2009-07-27  Sustainable food procurement  Sustainable food defined  Collaborative procurement case study Delivery Style  Tutor input, group discussion, case study Course  Notes, slide deck and bibliography and Certificate of Attendance Materials Linked  Supplier Evaluation and Analysis Techniques Courses ©Brian Farrington Ltd 2010 Page 47
  • 48. Brian Farrington Commercial Courses Course Information Title “CONSTRUCTION” PROCUREMENT Reference ERP3 Type Core knowledge and subject matter appreciation Target Procurement, finance, audit and service managers actively engaged in Audience Construction Procurement Duration 2 Days Purpose Understand the specialist nature of construction procurement Content  Critical success factors  Engaging architects, quantity surveyors and consultants  Project Team  Integrated process  Procurement and contract strategies  Risk and value management  PFI, Prime Contracting, Design and Build, Leasehold  Whole life costing  Gateway reviews  Framework for integrated procurement  PPC 2000 New Engineering Contract  The legal and regulatory framework Payment mechanisms  Construction contract clauses and conditions  Model form contracts and their usage  Contract administration and management  Risk management throughout the procurement process  Claims management  Supply chains  The Latham report and its impact  The Egan report and its impact  Delivering to budget and time  Auditing site practices  ProCure 21 Delivery Style  Tutor input, group discussion, case study Course  Notes, slide deck and bibliography and Certificate of Attendance Materials Linked  Contract Management Skills Courses ©Brian Farrington Ltd 2010 Page 48
  • 49. Brian Farrington Commercial Courses Course Information Title PREPARING FOR PURCHASING MANAGEMENT Reference S1 Type Career Development Target Purchasing staff who have been identified for promotion to more senior Audience positions Duration 2 days Purpose Identify the role and challenges of managing a purchasing function Explain how to develop purchasing strategies Explain how to effectively manage staff and to establish positive relations with stakeholders Explain how the budgeting and financial controls operate Content Management defined - the nature of management - the systems concept and the management process The development of management concepts - emphasis on human relations - emphasis on administration - emphasis on performance - emphasis on change Objectives and ethics - the range of purchasing objectives - service excellence characteristics - ethics - prevention of corruption acts Planning - fundamental concepts of planning - types of plans - criteria for evaluating plans - summary of principles Management information systems - functions of an information system - capturing supply market research Decision making - the decision making process - creativity in decision making - options appraisal Organisational relationships - line/staff relationships - stakeholder engagement - centralised versus decentralised options Leadership patterns - theories of leadership - components of leadership - personality dynamics in leadership - selecting a leadership pattern Communications - principles of communication ©Brian Farrington Ltd 2010 Page 49
  • 50. Brian Farrington Commercial Courses - media for communications - problems in communication Motivating staff - the basis of motivation - setting realistic and achievable objectives The basis of control - the nature of control - the control process - characteristics of good control Managing and reporting performance - setting departmental performance objectives - consulting with stakeholders - key reporting of KPI’s with management and stakeholders - linkage to pay and rewards Delivery Style  Formal presentations, tutor led discussions, problem solving case studies and personal presentation Course  Notes, slide set, pre-course reading and Certificate of Attendance Materials Linked  Procurement and Organisational Strategies Courses  Managing the Procurement Function  Finance for Non-Financial Specialists ©Brian Farrington Ltd 2010 Page 50
  • 51. Brian Farrington Commercial Courses Course Information Title THE PURCHASING CONTRIBUTION TO LONG- TERM BUSINESS PLANNING Reference S2 Type Core knowledge Target Purchasing staff who are engaged in strategic and policy planning Audience Duration 1 Day Purpose Identify procurement strategic options for long-term benefit Explain policy development and planning Explain the key facets of linking procurement to long-term business needs Content The essence of long-term business planning - financial planning - operational planning - supply market risks and mitigation strategies - human capital planning Working with stakeholders - explaining procurement and supply chain planning criteria - key strategic issues and decisions - engaging with the supply market Cost and Price considerations - identifying the key cost drivers of goods and services - devising effective cost models - public sector comparators - benchmarking prices - long-term price control Understanding the supplier’s long range business plan - customer analysis - working capital and financial considerations - workforce planning - acquisitions and mergers - market risks Contractual issues - contracting for the longer term - PFI/PPP considerations - long-term pricing considerations - rights of termination - change of supplier ownership The impact of extreme supply market considerations - supply market capacity - milestone payments - retention considerations - transfer of title and risk - Escrow considerations Delivery Style  Tutor led discussions, practical formulation of strategy and policy documents, case study comments and presentations Course  Notes, slide set and references to access on the web and Certificate of ©Brian Farrington Ltd 2010 Page 51
  • 52. Brian Farrington Commercial Courses Materials Attendance Linked  Procurement and Organisational Strategies Courses ©Brian Farrington Ltd 2010 Page 52
  • 53. Brian Farrington Commercial Courses Course Information Title ORGANISING TO PROCURE Reference S3 Type Core knowledge Target Purchasing and other relevant staff engaged in procurement activities Audience Duration 1 Day Purpose Explain and emphasise the importance of planning procurements Emphasise the major facets of organising procurement actions Recognise that the identification and management of risk is vital Consider the impact of effective team work Content Creating an effective team - team members - terms of reference - team building skills Prince 2 - the methodology - identifying key milestones - project reviews Project Boards - their composition - terms of reference - frequency and content of meetings Milestone and timescale considerations - time for decision making - obtaining authority to procure - ‘calling in’ period - impact on financial planning Choice of procurement procedure - the different procedures, their strengths and weaknesses - impact of client and bidder’s costs - implications for resources IT support - nature of IT support required - data rooms, content and access rules Risk register management - the detail of risk register content - mitigation strategies - owners of risks - financial impact of the risk occurring Project planning and reporting outline - project dependencies - milestone management - project reports Stakeholder involvement - who are the stakeholders - explaining the procurement terminology and process - identifying roles and accountability Trade Union involvement ©Brian Farrington Ltd 2010 Page 53
  • 54. Brian Farrington Commercial Courses - workforce issues - membership of Project Boards - involvement in evaluation modelling - TUPE implications - Pension implications Delivery Style  Tutor led discussions, discuss brief case studies and practice problem solution skills Course  Notes, slide deck and Certificate of Attendance Materials Linked  Project Management and Project Management Methodology Courses ©Brian Farrington Ltd 2010 Page 54
  • 55. Brian Farrington Commercial Courses Course Information Title PROCUREMENT FRAUD Reference S4 Type Core professional knowledge Target Procurement, finance and audit managers Audience Duration 1 Day Purpose Understanding the opportunities for fraud Explain the indicators that fraud may be present Understand how to conduct a fraud enquiry Understand the importance of controls in the procurement process Content Types of procurement fraud - fixing tender processes - fixing payment - fixing delivery and acceptance - ghost deliveries Auditing for fraud - training the audit team - avoiding mechanistic audits - ensuring the audit trail is complete The warning signs - no change in suppliers - contract changes - false VAT numbers - False company registered numbers Risk in procurement processes and decisions - closed loop scenarios - delegated authority - waivers to procedures Organisational controls - authority sign off for different value of contracts - random checks on decisions - approved contracts and suppliers - robust supplier selection methodologies Managing for security - involving internal security - checking deliveries - signing for goods and services Randomised checking in payment approval system - selection of invoices for checking - the Pareto distribution - checking contract change and impact on price Whistle blowing - having a policy - dealing with the whistle blower - obtaining statements Dealing with suspicions and allegations regarding fraud ©Brian Farrington Ltd 2010 Page 55