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Contracting & Negotiations (1A) (Manage the preparation and/or…
Contracting & Negotiations (1A)
Administer contracts/POs from
award to completion or
termination(1A5)
Supplier management
concepts
Annual work plan
Standards of performance
Statement of Work (SOW)
Supplier feedback
Supervision
of supplier
On-site
Remote
Management by exception
Progress reports
Customer feedback
Internal customers
External customers
Conflict/dispute resolution
Contract administration concepts
Financial responsiblity
Complaince
Approving systems
Work control
Administrative responsiblities
Contract terms & conditions
Documentation requirments
Contract closeout
Termination options
Manage the preparation and/or issuance of contracts/Purchase orders/agreements (1A4)
Letter of intent
Types
Nonbinding
Binding
Purpose
Contract/
agreement types
Indefinite delivery
contracts
Indefinite delivery/indefinite quantity
Task order & delivery order
Time & material contract
Blanket agreement
Requirements contract
Letter contracts
Cost
reimbursable
Cost plus a fixed fee
Cost plus percentage of cost
Cost plus incentive fee
Cost plus award fee
Cost without fee
Cost sharing
Dealer's agreement
Fixed price
Fixed price with incentive
Fixed price level of effort
Fixed price with redeterminatioan
Fixed price with downward price praotection
Fixed price with escalation
Fixed price with remedies
Firm fixed price
Service agreements
Professional service agreements
Maintenance agreements
Master service agreement
Performance based agreements
Licensing agreements
General
Technology
Software
Construction contracts
Master purchase agreements (Eg. IT, hardware, desktop, supplies, materials)
Purchase orders
PO Confirmation &
acknowledgments
Unilateral versus bilateral instruments
Exceptions to terms and conditions
Sellers's exceptions to purchaser's items
Purchaser's exceptions to seller's items
When to use
Types of obligation
documents
Written vs oral contrats
Circumstances where oral contracts are acceptable
Electronic
Trading partner agreements
Statute of frauds
Reasons for written contract
Considerations in preparing
obligation documents
Source code escrow accounts
Protests
Assignablity provisions
Claims
Customer confidentiality
Limitation of liability
Security issues (homeland Securities, US)
Waiver of consequential damges
Restraint of trade issues
Collusive offers
Force majeure
Suspension
Termination & exit clauses
Reservation of rights
Insurance & indemnification
Estoppel
Payment terms
Social responsibility issues
Notice of award
State of domain/jurisdiction
Liquidated damges
Contractor flowdowns
Warranties
Advance notification & consent to subcontract
Consideration of domestic & international laws
Royalties
Intellectual property
Trademarks
Licensing
Copyrights
Confidentiality
Patents
Remedies
Elements of a contract
Legality of purpose
Competent parties
Consideration
Offer and acceptance
Counteroffer
Acknowledgment
Statements of work
Hold prices/milestones
Performance evaluation factors
Work breakdown structure
Lead/Conduct/support
negotiation with suppliers
to obtain desired results (1A3)
Negotiation tactics
Special considerations in counducting negotiations
Final proposal revisions
Negotiating with sole offer-or vs entire competitive range
Fact finding sessions
Documentation of negotiations
Negotiations as a consortium or cooperative
Prepare for & develop strategies & tactics for negotiations, including def of roles & resp. of team members (1A2)
Preparation for
negotiations
Negotiation
objectives
Control over how the contract is performed
Maximum supplier cooperaation
Meeting the minimum
essential needs of the org.
Defining must haves & wants
Sound relations with suppliers
Timely performance
Fair & reasonable price
Relevant information
Analysis of sellers &
purchasers position
Best alternative to negotiated agreement (BANTA)
Sellers competitive position (Sole source or otherwise)
Adequacy of cot/price analysis
Skill & authority level of the negotiator/negotiation team
Amount of time for negotiation
Extent of planning for a negotiation
Sellers certainty of getting the contract
Sellers financial condition
Sellers desire for a contract
Buyers financial condition
Market & product conditions
Organizational cultural factors
Development of stratergies & tactics
Team selection
Negotiation site
Fallback alternatives
Negotiation Philosophies
Win-Lose/adversarial/Competitive
Lose-Lose or Confrontational
Win-Win/Cooperational
Prepare solicitations for bids, quotations & proposals with specs, T&C (1A1)
bonds & other types of surety
bid bonds
performance bonds
payment bonds
deposits
letter of credit
real estate
cash
earnest money
Request for information
when to use
potential benefits
bidders conference
when to use
how to arrange & conduct
selection of participants
potential benifits
potential problems
Communicating attributes of
product or service
performance & design specification
internal vs. external spec
supplier samples
Scope of work (SOW)
types of Solicitation bids
offer to buy vs. offer to sell
Lotting strategies
informal bid/quotation
electronic solicitation
competitive propsals
selaed bids/formal advetesing
restricted competition
pricing models/market baskets
alternative/innovative proposal
non-competitive neg.
invitation for bid
two step bidding
pre qualified biddding
Request for proposal
terms & conditions of solicitation
types
When to use
Solicitation procedure & concepts
comparability
fairness/business ethics
format/content of bid request
far response time
issue dates
opening/closing dates
contract, terms & Condition
problems of solicitation and receipt of offers
time extentions
Late bid (without time extensions)
conflict of interest
Confidentiality/security
Offers with errors
alternate proposals
Protests
Cancellation of solicitation
Debriefing process
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