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Understanding and Drafting Specifications and Scopes of Supply Training Course (ONLINE EVENT: January 21, 2025)

  • Training

  • 1 Day
  • Jan 21, 2025 09:30-17:00 GMT
  • Falconbury Ltd
  • ID: 5993306

A Specification / Scope of Supply is a medium of communicating between buyers and suppliers. It is critical that you understand the starting position of any specification - the Sale of Goods Act (Implied terms). From here you can determine how best to write your express term specification to clarify, amend or deviate from the starting position in statute.

A Specification / Scope of Supply details the buyers needs and the promises / obligations of both parties. A buyer may draft it for incorporation into a Request for Quotation (RFQ) / Invitation to Tender (ITT), a supplier may need to respond to a buyer's proposed specification, or draft their own for inclusion within their quotation to the buyer.

This course will enable delegates to draft and evaluate a specification to ensure that the written communication, that legally binding agreement between the contracting parties, is effective and achieves optimum outcome at the keenest price. Appreciating the independent nature of the relationship between buyers and suppliers is critical for a successful outcome. Remember, if a supplier fails, the buyer’s project fails:

A company is as strong as its weakest supply chain partner(Cousins 2003).

Our expert trainer has designed this course specifically to show delegates how to extract the information necessary from those stakeholders who have the knowledge and expertise which provides the necessary clarity of the contractual obligations. To ask the right questions of them. It also advocates practical solutions enabling a project to move forward when a risk materialises, rather than monetary compensation and litigation.

This course focuses on the promotion of teamwork when drafting a specification to ensure consistency across all the documents which make up the legally binding contract.

Drawing on the trainer’s real-life experiences and using case studies and exercises, the topics are approached in a practical manner to help embed the learning. 

Benefits of attending

By attending this course, you will:

  • Get to grips with the elements of a contract
  • Learn about the benefits of express terms
  • Understand the extent of promise: best endeavours v reasonable endeavours
  • Evaluate good governance in supply chain management
  • Boost your knowledge of risk management 
  • Appreciate the importance of good drafting to achieve best value for money

Course Content


Introduction
Components of a contract and benefits of express terms
  • Implied terms (statute)
  • Express terms (negotiated terms agreed verbally, in writing or by conduct)
  • Benefits of express terms:
    • Clarity
    • Governance/Supply Chain Management (SCM)
    • Proactive risk management
  • Exercise - Silence exercise on Sale of Goods Act
Drafting a specification: for clarity of obligation and liability
  • To comprehensively capture and clarify ALL contractual promises and ownership of them.
    • Use of exclusions, disclaimers, assumptions and caveats.
  • To clarify extent of promise:
    • ‘Best endeavours v reasonable endeavours’.
    • Ownership of ‘fitness for purpose’ obligation, the difference between a Conformance and Performance specification
  • To define the measurement criteria ‘satisfactory quality’ (Sale of Goods Act).
    • Quantitative not qualitative measurement mechanisms, SMART measures.
    • Using Key Performance Indicators (KPIs)
    • How to use KPIs to reflect the type of specification: input (conformance specification) v output (performance specification)
  • To appreciate the significance of terminology used: ‘shall/will’ v ‘could/may/ recommend’ and the associated risk
  • To understand intent behind buyer’s involvement: visibility or liability. Understanding when and why an indemnity may be requested
  • Exercise - review of a real life scope of supply using ‘word search’ methodology to identify ambiguity
  • Exercise - Completing proforma table identifying what promises have been made, whether they are ambiguous, and ownership of them, plus consequences/liability if a promise is broken and ownership of that liability (reflecting the disclaimer, exclusion, assumptions, caveats and indemnity express term clauses)
  • Exercise - drafting clear output KPIs for a performance specification
Drafting a specification: for good governance and supply chain management
  • Proactive inclusion of express terms for transparency and control:
    • Change control, waiver/concessions, notices, authorised representative
    • Subcontracting
    • Progress reports, meetings, reviews etc.
      • Rights of transparency and associated cost.
      • Use of this information to incentivise or to merely recoup losses, carrot vstick.
      • Relationship objectives
      • Realising opportunities/value engineering
  • Exercise - drafting KPIs - carrots v sticks
Drafting a specification: for proactive risk management
  • Solutions not money. Monetary compensation v practical solutions/remedies/Plan Bs/contingency plans to move the project forward. Avoiding litigation
  • Benefits of incorporating proactive risk management solutions into the legally binding contract at the outset, at time of signing, to promote a harmonious relationship and avoid unnecessary delays
  • Exercise - identifying practical solutions
Drafting a specification: cross checking
  • Cross checking the specification with all other documents which make up the complete agreement for consistency
  • Order of precedence express term clause
Drafting a specification: to achieve best value for money
  • Exercise - Price v Scope or Risk
Final questions

Course Provider

  • Catherine Hurst
  • Ms Catherine Hurst,
    Consultant & Trainer ,
    Falconbury Ltd


    Catherine Hurst is an independent commercial consultant and trainer. She was formerly a Commercial Manager at BAe Systems, following previous contract and commercial roles with GEC and Siemens, and has extensive practical experience of contract management, contract negotiation, commercial risk management and bid management.

    She has been providing public training courses and in-house training courses for more than 10 years. Her success is demonstrated by the long standing relationship she has developed with numerous clients, to whom she provides regular repeats of her in-house courses.

    Her training clients cross all sectors, including commercial companies, the government sector and charities. She is a highly experienced and a very popular trainer. Her style and manner of training brings the subject matter to life, making it enjoyable and easy to understand for all.

Who Should Attend

This course has been specifically designed for:

  • Contract and commercial managers and engineers
  • Project and procurement managers
  • Business development managers
  • Contract administrators, officers and specialists