CIPS L3M3 Contract Administration Assignment Sample UAE
For any organisation, the procurement and supply function is heavily based on contracting. This module will be designed for those who are involved with developing contracts as well as monitoring their success afterwards; they must demonstrate knowledge in how to achieve competitive pricing while also having an understanding of tendering processes.
This course is designed for experienced procurement professionals with at least five years’ experience. It will provide an important update on key developments in the industry, while also considering the implications of Brexit. The module would be suited to those who are involved in developing contracts or monitoring them after they have been developed. They must understand how to achieve competitive pricing while also having an understanding of tendering processes and the implications of Brexit in this area.
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Assignment Activity 1: Identify types of contracts and agreements
There are four types of contracts and agreements that a business might use: Spot Purchases, Term Contracts, Framework Agreements, and Call Offs.
- Spot Purchases are when a business purchases goods or services from another business on an ad hoc basis, without any prior agreement in place. This type of contract is often used for emergency situations or when the buyer needs something immediately and doesn’t have time to go through the formal contracting process.
- Term Contracts are negotiated agreements between two businesses where the buyer agrees to purchase a certain quantity of goods or services from the seller over a fixed period of time. This type of contract can be helpful for businesses that need to plan their purchasing in advance or that want to get a better price by negotiating with a supplier in bulk.
- Framework Agreements are contracts between two businesses where the buyer and seller agree on certain terms and conditions, usually in regards to price and quantity, but do not set out specific details about delivery or payment schedules. By using Framework Agreements, buyers and sellers can avoid committing to potentially unfair pricing structures that may arise from specific contracts.
- Call Offs are agreements between a buyer and a seller that define the terms of a particular purchase or order, but can be cancelled with a reasonable notice period. With a Call Off, a buyer is able to place an order for something only on the condition that they have all of the necessary resources available to fulfill it when it is time to deliver. This type of agreement can help a business reduce its expenses by cancelling contracts that don’t align with the current needs of the company.
Assignment Activity 2: Describe the purpose of the documents that compose a contract for the purchasing or supply of goods and services
A contract for the purchasing or supply of goods and services is a legal agreement between two or more parties that outlines the specific goods or services that will be provided, as well as the associated price and other terms and conditions.
The purpose of a contract is to establish a mutually binding agreement between the parties involved, so that everyone understands their rights and responsibilities. Contracts can be used for both business and personal transactions, and can be written or oral.
When there are inconsistencies between the written contract and what was discussed orally between the parties, it can be difficult to prove that a verbal contract even existed. This is why it’s important to always have any verbal agreement in writing.
A breach of contract occurs when one party fails to meet their contractual obligations. This could be due to something happening that meant they weren’t able to meet their obligations (such as if the supplier of goods went out of business), or simply due to something not happening that they were supposed to do (such as if the buyer didn’t pay for the goods).
Assignment Activity 3: Describe the stages involved in forming contracts for the purchasing or supply of goods and services
There are a few different stages that are typically involved in forming contracts for the purchasing or supply of goods and services. The first stage is usually finding a supplier or vendor who can meet your specific needs and requirements. Once you’ve found a suitable supplier, the next step is to negotiate the terms of the contract, such as pricing, delivery times, and payment terms. Once the contract has been agreed upon by both parties, the final stage is to execute the contract and officially start doing business with each other.
At each stage of the contracting process, it’s important to have a lawyer review your agreement. Legal representation is especially necessary in the final stages of the contract where you are executing your written agreement. A business or commercial lawyer can be instrumental in helping you negotiate favorable terms, avoid any ambiguities, and protect yourself from unexpected liabilities that may arise down the road.
Assignment Activity 4: Describe how to develop and present business cases to justify expenditure on supplies, services or projects
When it comes to justifying expenditure on supplies, services or projects, business cases typically follow a specific framework in order to make the most persuasive argument.
The first step is to identify and quantify the problem that needs solving. Next, brainstorm potential solutions and assess their feasibility and costs. From there, develop a business case for the most promising solution and present it to management with all of the associated financials. If management agrees, then go ahead and implement the solution!
Sounds simple, right? Unfortunately, the process is often plagued with challenges that can cause major delays or derail your efforts altogether. This article aims to give you practical advice for avoiding common obstacles and accelerating the business case development process.
First, let’s explore why it’s important to develop a business case upfront. You’ll need one if you want to secure higher levels of support for your project, not to mention it will help with streamlining communication throughout all steps in the project development process.
Assignment Activity 5: Explain the use and comparison of competition to obtain quotations on price.
The idea behind competition to obtain quotations on price is that one should always try finding the lowest cost producer first, then compare their quotation with other prices.
Some people argue for trying out as many different contractors as possible before settling on one. This assumes that the quality of work will all be similar among the contractors you interview. If it sounds like this would make your decision easier, make sure to ask each contractor about insurance coverage and what happens if they feel underpaid .
All of the following are tactics that should be avoided.
Do not ask for a quote on price without telling your contractor what you want done. By withholding this information, you will only receive an inflated estimate from the contractor who guesses at how much time and effort it will take to complete your project.
Don’t allow contractors to suggest changes in the scope of your project without getting additional quotes on price. This is a trick to increase their profit margin on the backs of you, the homeowner (See How Much Should I Allow For Changes?).
Do not allow contractors to reuse any materials left over from an earlier job. These goods are usually “seconds” that will only be sold at a reduced price – the contractor makes more money this way, but you end up paying too much.
Assignment Activity 6: Recognise the role of commercial negotiations in the work of procurement and supply.
Commercial negotiations are essential for the procurement and supply process for two reasons. Firstly, negotiation is the only way to ensure that both parties achieve a fair and balanced outcome. Secondly, good negotiation skills can help to expedite the procurement process by ensuring that all necessary information is exchanged quickly and efficiently.
In order to get the best deals for their organisation, procurement professionals need to be able to negotiate effectively with their suppliers. This involves understanding the supplier’s business, being able to identify areas where
concessions can be made, and having a clear idea of what is important to the buyer organisation. By negotiating effectively, procurement professionals can secure better prices, improved delivery timescales, and more favourable terms and conditions.
This one-day course is suitable for everyone involved in the procurement process, including contract managers, buyers, purchasing officers and suppliers. It offers participants an introduction to negotiation skills which can be applied to specific scenarios in order to ensure that they are fully equipped with the knowledge required to complete their role successfully.
In this article, we review the content and objectives of the course as well as providing a brief outline of its key contents.
The Negotiation Skills Course is designed to provide delegates with an understanding of the negotiation process and to equip them with practical skills that can be applied within their organisation.
Assignment Activity 7: Explain approaches to negotiate competitive prices.
There are a few different approaches that can be used to negotiate competitive prices:
1) Compare Costs – The first step is to compare the costs of the products being offered by each business. This will help to establish a baseline for negotiations.
2) Understand Margins and Mark-ups – It’s important to understand how margins and mark-ups work in order to negotiate better prices. For example, if a company is offering a product with a 50% margin, they are not likely to lower the price very much, if at all. However, if they are offering a product with a 10% margin, they may be more likely to lower the price in order to make a sale.
3) Research Competitors – A competitor may be offering the same product for a lower price than another business. If this is the case it is important to let the vendor know in order to prove that they are over-charging.
4) Get Creative – There are many different ways that prices can be negotiated including discounting for bulk purchases, free add-ons or services, and even offering to pay in cash so the vendor doesn’t have to pay credit card processing fees.
5) Be Willing to Walk Away – The best way for a buyer to negotiate a good price is by being willing to walk away from the deal if they don’t get a good enough offer. This provides incentive for vendors sell at a lower cost.
Assignment Activity 8: Identify the initial actions processes associated with the tendering process.
The initial actions processes associated with the tendering process are supply/market research, early supplier engagement, and pre-contract dialogue.
It’s never too early to engage potential suppliers, so it is good practice to actively seek out new suppliers within your industry before issuing a price request or finalizing project scope after identifying an opportunity worth pursuing. This way you have the chance to do some due-diligence ahead of time. After all, even if you ultimately decide that this particular opportunity isn’t for you because it doesn’t suit your company or aligns with corporate goals at this time, there are many other ways in which engaging supplier can provide great value.
Information about what each action means included under each category will be followed by a brief summary of what should be done. The actions associated with the tendering process are sequential and must be pursued in order to achieve optimal results. For example, engaging suppliers cannot happen without doing some form of market research first (although you might talk to some people informally).
If you skip ahead, other actions will be more difficult to complete or could potentially hold up the process later on. The sequence of events that follows is the result of years of research and experience in SBI’s Network.
Market Research – what you need to know about the market, your competitors, and your business environment.
Pre-Contract Dialogue – how you will engage with suppliers before reaching an agreement. This is also known as ‘Pre-Bid Planning’ or ‘Sourcing Strategy’.
The Tendering Process – what you need to do when actually soliciting bids or proposals. The process usually includes Request for Information (RFI), Request for Proposal (RFP), and Request for Quote (RFQ).
Assignment Activity 9: Describe initial tender process documentation and associated content.
It’s important to start with the initial tender documentation, by outlining what responses are required of bidders and how they’re contended. The answer should include information about the content of these documents (invitations to tender, KPI’s, contract terms) and prequalification questionnaires. It is also important that your document be properly indexed with keywords in order for it to be found both online and offline.
The tender documentation will need to include details on the criteria which bidders will be scored against, as well as a breakdown of how these scores impact position on the shortlist. This initial document should outline what each section is worth and whether weighting exists. The final decision on weighting rests with the procuring authority, however they often follow weights provided by the industry or in standardised guidelines published online.
Bidders may be required to submit their tenders electronically using a common platform. There are several major suppliers of e-tendering systems for government contracts, which offer free downloads to registered buyers and also offer subscription services for on-going tender publishing.
Some tendering authorities prefer to receive hard copies of proposals which are then scanned in order to upload into the e-tendering system. While this is more time consuming, it ensures that security and confidentiality are maintained by direct control of documents submitted on paper.
The tender documentation should outline what information is required of bidders to demonstrate their experience, technical expertise and financial standing. This often includes the submission of certificates relating to safety, licensing (if it’s a construction contract) etc. Your document should also reflect confirmation that all necessary approvals have been obtained for the performance of the work by the bidder, along with proof that they have the necessary financial resources to carry out the contract. The tender document should also outline specific requirements, such as a minimum number of years’ experience for key staff members and a breakdown of any mandatory ‘soft skills’ required from each member of staff or director involved in the contract.
Assignment Activity 10: Identify the tender evaluation and acceptance process
The tender evaluation and acceptance process can vary depending on the organization, but usually it goes something like this:
- Check tender details and take any necessary remedial actions – This could include things like verifying the correct specifications have been included in the tender documents, checking that all the required supporting documentation has been provided, or making sure you meet the eligibility criteria. If there are any discrepancies or missing information, you’ll need to take steps to correct them before proceeding further.
- Evaluate submissions against set criteria – Once all bids have been received, you’ll need to evaluate them against the predetermined criteria for selection (e.g. price, technical capabilities, delivery schedule etc.). This can be done by using a scoring sheet (the scores of all the bidders are totalled and the lowest bid is awarded the highest score) or by using a ‘first past the post’ approach (highest scoring bidder is awarded the work).
- Award contract – Once you’ve evaluated and selected a winning bid it’s time to let that contractor know they’ll be working with you. This is best done with an official letter of award including the financial terms of the contract, the name and information of your organization, and contact details for both parties.
- Sign a contract – If you used a tendering process where members of your team are not allowed to work directly with bidders (e.g. a Request For Proposal), only the person in your organization holding a signing authority for contracts should be involved in this stage of the process. To complete this step, simply sign or stamp the contract and keep a copy with all other tender documentation for future reference.
- Notify unsuccessful bidders – This is an important final step which many tendering processes omit. Even if you’ve awarded the work to another contractor, it’s polite and courteous to let your unsuccessful bidders know that they didn’t get the job. This will avoid any misunderstandings over contract requirements or conflicts arising from similar work being performed in parallel.
The following suggestions are intended to create well-organized, legally sound, and ethical relationships with your suppliers. Legal requirements for tendering will vary depending on local legislation so it’s important to take the time to understand your obligations when selecting a supplier.
Tendering is not an indication of unfavourable treatment in the future. Even if you only choose one supplier, it does not mean that your organization will not use other suppliers in future. The same rules for legal requirements and ethical behaviour should be applied when working with any supplier regardless of whether they have been awarded a contract or not.
If your organization intends to let several contracts, it may be worth considering a fixed-term contract with all suppliers. This means that contractors who missed out on this round do not need to go through the tendering process all over again next time round.
Assignment Activity 11: Outline the regulations that can impact on the tendering process
There are a number of regulations that can impact the tendering process, including the Freedom of Establishment, Equality of Treatment, Transparency, and Code of Ethics.
The Freedom of Establishment allows companies to bid for public contracts in other EU countries. The Equality of Treatment requires all companies bidding for public contracts to be treated equally, regardless of their nationality. The Transparency Directive requires all contracting authorities to publish notices inviting tenders, as well as contract award notices. Finally, the Code of Ethics sets out principles that must be followed by contracting authorities when awarding contracts. These principles include fairness, impartiality, and transparency. Equality of treatment
When tendering for public contracts, companies are required to abide by the Equality of Treatment Directive. This means that all companies need to be treated equally throughout the tender process. For example, an advertising agency must not be excluded from a tender because it is owned by women. When determining whether equality has been breached under this directive, contracting authorities are required to take into account all appropriate information and explanations. This means that it is the responsibility of contracting authorities to justify their decision if they choose not to award a contract based on the company’s gender.
Transparency If you are running a company that is bidding on public contracts, then the new Transparency Directive can have an impact on your business. The main purpose of this directive is to increase transparency throughout the European Union’s procurement process. Every contracting authority must now publish all relevant information pertaining to its tender procedures for publicly available works or services. This includes the name of the contracting authority, an indicative description of the goods or services to be supplied, and any changes they make to this description. On top of publishing information relating to the different tenders that are being run by its organisation, there are further requirements for contracting authorities with regards to publishing contract awards.
Assignment Activity 12: Describe the use of data as a contract performance measure
There are many types of data that managers could use for contract performance measures. One category is ‘Quality Performance Measures’, which evaluates solutions based on actual results, not predicted quantified goals. Another category is ‘Financial Performance Measures’, which evaluates the full financial upside that a solution promises to deliver to shareholders or other stakeholders. And finally, there’s ‘Performance Measurement Types for Strategic Goals’ (which can include innovation, talent management or sustainable development), among others.
Data gathering and analysis methods depend on the type of performance measure being analyzed; however, generally speaking there are three common approaches: The first approach entails obtaining hard data about the problem through surveys; the second involves collecting soft information (pain points) through interviews or discussions with employees or customers; and finally there is an approach that looks at historical data to measure how well the company has performed in the past.
Ascertaining success based on hard data obviously provides more reliable results than an interview, but is still open to bias since major stakeholders may have differing opinions on what metrics are important for measuring achievement. Basing success on historical data, by contrast, is not open to bias but can be misleading since it does not show how well an organization has performed with respect to the actual problem at hand.
The article continues with the following points:
- Performance measures are vital to determining if an organization is achieving its goals and what changes, if any, need to be made.
- The quality of performance measures varies widely depending on their type, but they can range from hard data that produce objective results to soft information that reflects views held by certain stakeholders.
- Performance measures that rely on historical data to ascertain success are not open to bias but can be misleading since they do not show how well an organization has performed with regard to the actual problem at hand.
- The best performance measures use both hard and soft information while avoiding reliance on unhelpful biases or misinformation, and rely on input from all major stakeholders.
- Performance is best measured using a combination of hard and soft information, as well as feedback from all major stakeholders.
Performance measures are vital to determining if an organization is achieving its goals and what changes, if any, need to be made. The quality of performance measures varies widely depending on their type, but they can range from hard data that produce objective results to soft information that reflects views held by certain stakeholders.
Assignment Activity 13: Explain the use of Key Performance Indicators (KPI)
A Key Performance Indicator, or KPI, is a metric used to track and measure the success of an organization or individual in achieving specific objectives.
There are different types of KPIs, but most commonly they fall into one of three categories: quality performance, cost management, or resources and delivery. Quality performance indicators track how well an organization is meeting customer requirements and maintaining standards of quality. Cost management KPIs track spending and efficiency, while resources and delivery KPIs monitor things like speed of service and on-time delivery.
KPIs are important because they provide a snapshot of how well an organization is performing against its objectives. They can help managers identify areas where improvement is needed and make decisions about where to allocate resources in order to make the highest impact.
A successful KPI program can help an organization in many ways, but one of the most important is that it allows for consistent, regular assessment of progress across all areas of business operations. And when combined with Key Performance Indicators like Lean Six Sigma project metrics , KPIs can provide valuable insight into how well an organization is utilizing its resources and improving its performance to achieve set goals.
This article will explore the purpose of KPIs, the different types that exist, and how they can be used effectively.
Key Performance Indicators Defined Whether you’re tracking an individual or an entire organization, KPIs are defined as metrics that track your success in reaching specific goals and objectives. They help you monitor the performance of your business across different areas, such as efficiency and profitability.
For example, a manufacturing company might choose to monitor KPIs such as on-time delivery, product quality, and scrap rate in three separate categories.
Assignment Activity 14: Explain types of contractual risk and how to manage them
There are many types of contractual risk, but some of the most common are market economic risk, performance based risk, and delivery based risk. Each type of risk can impact a contract in different ways, and must be managed differently.
One way to manage contractual risks is by using a risk register. A risk register is a tool that helps identify and track risks associated with a particular project or activity. It allows for better decision making by providing a systematic way to assess risks and their potential impacts.
Another way to manage contractual risks is through market analysis. By understanding the markets in which your organisation operates, you can better assess the financial risks associated with doing business. This includes assessing things like currency fluctuations, interest rates, and supply and demand.
A third way to manage contractual risks is by conducting due diligence on your suppliers. A thorough supplier analysis can help you identify potential risks associated with the services, capabilities, and business practices of potential suppliers. This helps in comparing contract terms offered by different providers in a typical procurement scenario.
Understanding how these three methods work together to mitigate risk will help your organisation create and maintain dependable business relationships.
Contractual risks can also be mitigated by using market analysis. Market analysis is the process of analysing the markets in which you operate, to assess financial risks associated with doing business. This includes assessing things like currency fluctuations, interest rates, and supply and demand. By understanding these factors, you should be able to make better decisions about your business.
Another way to manage contractual risks is through performing due diligence on your suppliers. Conducting a thorough supplier analysis can help you identify potential risks associated with the services, capabilities, and business practices of potential suppliers. This helps in comparing contract terms offered by different providers in a typical procurement scenario.
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