Contract Management 合同管理

Directors, Managers, Supervisors of Purchasing, Sourcing, Procurement, Supply Chain and other persons who have a vested interest in contract administration, compliance and enforcement.

This training is to familiarize or broaden participants with the key basics of contract management enhancing participative skills that ensures compliance to company policies and legal requirements. As a result, sourcing, purchasing, procurement and supply chain professionals attendees will expand their scope of contract knowledge and sensitivity. Real case studies will be used to reinforce the learning experience.

0900
1. Contract Definition
Spirit of Agreement
2. Contract Management
Authoring and Negotiation
Document Management
Baseline Management
Commitment Management
Contract Visibility and Awareness
Issue and Change Management
Transaction Compliance
Service Level Agreement Compliance
1030 Break
3. Basic Contract Elements
Identify the parties
Describe the subject matter
State the material terms
Include a signature
Integration or Merger Clause
Choice of law
Arbitration clause
Escape clause
CONTRACT MANAGEMENT (cont’d)
1200 - 1300 Lunch
4. Contract Check List
Identity of Parties
General Statement
Obligations of Parties
Performance SLAs
Terms
Price
Payment terms
Warranties
Liabilities
Termination clauses
1500 Break
5. Types of contracts
Fixed price
Cost reimbursable
Indefinite delivery
Basic ordering agreements
Letter contracts
6. Protection elements
Intellectual property rights
Patent
Copyright
Trademark
Royalties
Licensing
1700
Day 2
0900
7. Legal considerations
Force Majeure
Choice of law (comity)
Choice of forum
Breach
Termination
Liquidated damages
8. Contracts classifications
Express
Bilateral
Unilateral
Executed
Executory
CONTRACT MANAGEMENT (cont’d)
9. Contract Administration
Compliance/Legal
Monitoring/Tracking/Reporting
Data Management
Cycle Times
Policy
Process Efficiency
Documentation
1030 Break
10. Purchase Orders
Contracts
Terms & Conditions
11. Statement of Work
Purpose
Writer
12. Law of Agency
Definition
Authority limits
1200 - 1300 Lunch
13. Duties of an Agent
Loyalty
Obedience to the instructions of the employer
Perform with reasonable care
Provide accounting to the employer
Inform the employer
Confidentiality
Bring necessary skills to the job
14. Issues after the Award
How To Deal With Contract Changes
Types Of Contract Termination
Breach of Contract
Contract Clauses For Disputes
1500 Break
15. Contract Terms
Hand out
16. Sarbanes Oxley
17. Contract Law of the PRC
Revised 1999
23 Chapters
427 Articles

Mr. Kelley has over 30 years of key leadership roles with multi-national companies. His
responsibilities covered Sourcing, Purchasing, Supply Chain, Operations, Materials,
Finance, Customer Service, Strategic Planning, Logistics, Quality Assurance and
Information Systems. International business experience spans nine countries in the Far
East, five countries in Europe, as well as Mexico and Canada