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©2019 IACCM
Non-Profit Membership Organization• 55,000+ Members• Across 175+ Countries• With Focus on Training, Benchmarking,
Research and Networking since 1999
Our VisionA world where all trading relationships deliver social and economic benefit.
Our Purpose Dedicated to raising the quality and integrity of trading relationships
©2019 IACCM
Driving Commercial Excellence
IACCM research suggests that poorcontracting practices lead to valueleakage of ~9.2%* of a company’srevenue on average.
* From IACCM Ten Pitfalls to Avoid In Contracting
Our Offerings
LEARNING
MOOC
FUNDAMENTALS
CCM
SRM
NEGOTIATION
BESPOKE/CUSTOM
ADVISORY
CONTRACT BENCHMARKING
CONTRACT DESIGN
CAPABILITY MATURITY ASSESSMENT
CORPORATE SKILLS ASSESSMENT
RELATIONAL WORKSHOPS
COMMERCIAL TRANSFORMATION
EVENTS
WEBINARS
MEMBER MEETINGS
ROUNDTABLES
CONFERENCES
INNOVATION AWARD CEREMONIES
NETWORKING
RESEARCH
RESEARCH FORUM
REGULAR
BESPOKE
©2019 IACCM
Membership Benefits
• Baseline - where you are now• Organizations: Capability maturity assessment (included with corporate membership); contract
benchmarking
• Individuals: Skills assessments (included with individual membership)
• Building capability • Organizations: Contract design; new contracting models/workshops
• Individuals: Training & certification
• Informal learning & community networking(Remain connected to what is happening in this rapidly changing space)
• Annual Conferences ♦ Network
• Ask The Expert (ATE) & Webcasts ♦ Commitment Matters Blog
• Contracting Excellence e-zine, ♦ Research
• JSCAN ♦ Innovation & other Awards
• Executive community – quarterly webcasts, special conference programs
• Additional information – www.iaccm.com
©2019 IACCM
Training and Certification
Train, develop and choose what is best for your organization!
IACCM delivers a range of training in:
• Fundamentals• CCM Commercial and Contract Management• SRM Supplier Relationship• SMARTnership Negotiation• Classroom training• Bespoke and blended training
©2019 IACCM
Latest Research Reports• March 2019: Self Service Contracts –
Streamlining Legal Process
• March 2019: 2019 Benchmark Report – CCM Part One: Organization
• February 2019: Post-award Contract Management in Banking, Financial Services & Insurance
• January 2019: Contract and Commercial Management – Role and Direction
• December 2018: Is Negotiation Dead?
• November 2018: Policy and Practice – Are They Aligned?
• October 2018: The Cost of A Contract
• October 2018: As-a-service Impact on Enterprise Contracting
• October 2018: The Status of E-Signature
• July 2018: Legal Department – Spend and Resource Management
• June 2018: Most Negotiated Terms Report
• May 2018: IACCM – Cap Gemini Automation Report
• March 2018: Organizational Design of Supply Management in Oil & Gas
Recent Blogs• Understanding Commercial Innovation
• The Truth about Invoicing
• Self-service contracts: a revolution waiting to happen
• 5 Steps to Build Commercial Expertise
• Beware of analysts peddling Contract Management software
• Can Traditional Legal Services Survive?
• Losing money on your contracts?
• 4 million contract management jobs at risk
• Does Europe have innovators?
• Top 10 issues for Contract & Commercial Management
• Defining a true professional
• What did King Charles I know about contracts
• Contracts as a driver of employment
• Get ready for change … big change
• Will robots replace Contract Managers?
• The role of a Contract Manager: 2019 and beyond
Research Reports and Blogs
©2019 IACCM
Advisory Services
• assessing the commercial competency and maturity of the organisation to identify
gaps and prioritize actions
• upskilling the commercial capability of all who touch the contracting process
• understanding potential areas of friction through benchmarking
• developing contracts that are easy to understand though simplification
• building new commercial functions to embrace the full commercial lifecycle
• tech enablement and digitization to gain competitive insight
What: Turning great thinking into great doingWhy: Helping our members to be really easy to do business withHow: By
©2019 IACCM
2019 Conferences
Europe: Madrid, May 13th – 15th
Asia: Sydney, July 24th – 26th
Americas: Phoenix, November 4th to 6th
https://www.iaccm.com/events/
Training and Certification
Skills & Competency Assessment
• IACCM's unique web based assessment tool supports analysis of the current level of competency of an individual or team, in commercial and contract management and supplier relationship management.
• This analysis identifies competence gaps, both within the team and against industry benchmark data. This unique approach enables comprehensive professional development planning and provides an overview of department capabilities.
• Delivers Clear Immediate Benefits
• The ability to measure and build skill levels across a global contract management team
• Assessment of current skill / knowledge capabilities by individual, group and at
department level
• The ability to measure performance in each skill / knowledge area, using external
benchmarks and internal targets
• The ability to identify skill / knowledge gaps and plan remedial action
Commercial and Contract Management (CCM) Learning and Certification Program
• Self Paced and Internet Based
• 12 month license to access the system
• Complete within 4 - 6 months
• 1 – 3 hours per week commitment
• Self Assessment to ascertain level
• Community message boards for knowledge sharing
• Professional Certification upon successful completion
• Curriculum continuously reviewed and improved
• Historical numbers:
– 10+ years of skill assessment & certification
– 20,000+ participants
– 200+ corporate programs
The Certification level descriptions
CCM Associate (Fundamentals Course) – standalone – A person tangential to contracts who after taking the Fundamentals
program obtains a basic understanding of the principles of contract and commercial management.
CCM Practitioner– Works in a early career level commitment management role and is
developing a solid understanding of contracting principles and techniques. Works in an operational role with occasional supervision and has some autonomy.
CCM Advanced Practitioner– Experience practitioner with a higher degree of autonomy. Experience
with a variety of contracts and commercial initiatives and has obtained advanced operational techniques. Often has significant authorization levels.
CCM Expert– A trusted advisor and senior practitioner who takes the lead on the
most complex cases, often of strategic organizational significance. Frequently directs or champions the professional function in the business.
Certification Requirements
14
• CCM Associate (Fundamentals Course) – standalone - Module tests – 80% pass score - 45 Minute Final exam – 45 Multiple Choice Questions – 70% pass score- achieves Certificate of Completion of Fundamentals curriculum
• CCM Practitioner (CCMP)- Self-Assessment Scores validated at Practitioner Level- Practitioner Curriculum Modules Test – 80% pass score- Final 2 hour exam – 120 Multiple Choice Questions – 70% pass score - 5 Message Board postings
• CCM Advanced Practitioner (CCMAP)- Self-Assessment Scores validated at Advanced Practitioner Level- Advanced Practitioner Curriculum Modules Test – 80% pass score- Final 2 hour exam – 109 Multiple Choice Questions – 80% pass score- 5 Message Board postings
• CCM Expert (CCME)- Candidate must have achieved Advanced Practitioner- In person interview to qualify for the course - Identifying a Business Case, developing Business case with at least 3 mentoring
sessions provided- Preparing a presentation to a 3 member Executive panel
SRM Learning and Certification Programs
• Self Paced and Internet Based
• 12 month license to access the system
• Complete within 4 - 6 months
• 1 – 3 hours per week commitment
• Community message boards for knowledge sharing
• Professional Certification upon successful completion
Supplier Relationship Management Certification
Practitioner Level Advanced Practitioner Level Expert level
E-learning – self-paced,
self-directed
Instructor led – virtual
delivery or face-to-face
workshop plus on-the-job
assignments
Workplace based - live
supplier relationship
based case study
Focus:
Develop knowledge in a
comprehensive range of SRM
topical areas.
Delivery:
Self-directed e-learning through
22 self-paced on-line modules.
Certification Process:
• Complete and pass the test
included with each e-learning
module.
• Achieve a pass in the on-line
exam.
Focus:
Apply knowledge and develop
behaviours that demonstrate successful
application of SRM within a supplier
relationship.
Delivery:
For individuals:
Remotely delivered (e.g. via Webex)
instructor led tutorials. Cohort based.
For companies:
In-house delivery of the modules in
an interactive workshop format.
Certification Process:
• Complete practitioner level training
modules.
• Successful submission of course
assignments (e.g. stakeholder map,
supplier scorecard, joint account
plan etc.) to the required standard.
Focus:
Demonstrating quantified business
value through application of the
learning program to a supplier
relationship. Develop the ability to coach and
guide others in the use of SRM techniques
and methods.
Delivery:
Individualised assignment/case study based -
supported by regular coaching against a
personal action plan.
Certification Process:
• Prepare a case study presentation using a
set of defined guidelines and criteria.
• Present case study to a review panel.
• Demonstrate contribution to the SRM body of
knowledge (e.g. deliver a
webinar, contribute a whitepaper).
Who can benefit from this Program?
The IACCM and SMARTnership Negotiation Master Program is designed for:
– Sales Managers,
– Sales Directors,
– Procurement Officers,
– Procurement Directors,
– COOs,
– CFOs,
– Legal Advisors
– Attorneys at Law, Contract Managers,
– Marketing Directors and Project Managers.
SMARTnership Negotiation Master Program
IACCM and SMARTnership Negotiation have partnered to offer IACCM members theopportunity to participate in the award-winning SMARTnership Negotiation OnlineMaster Class. IACCM members can complement the negotiation training provided in theIACCM Contract & Commercial Management Certification Program with this new series,providing additional opportunities to hone their practical and analytical skills to structureand foster agreements that add value to their organizations.
Program Objectives:
• Understand and think about the importance and nature of negotiation and provideanalytic tools for guidance
• Cultivate an instinct for what to do when there are no unambiguously right or wronganswers
• Develop a broad intellectual base from which to systematically evaluate and facilitatenegotiation processes
• Develop confidence in negotiation as an effective means for resolving conflict in groupsand organizations
IACCM – SMARTnership Negotiation Master Class
IACCM – SMARTnership Negotiation Master Class GOLD & BRONZE
The IACCM - SMARTnership TM Negotiation Master Class GOLD consists of approximately 8 weeks of course instruction to be completed on a flexible schedule. The content is applied at the eMBA level, including:
• short videos
• negotiation simulations
• personalized feedback from the instructor
• weekly office hours
• reading materials by award-winning author
• practical toolkits
The IACCM - SMARTnership TM Negotiation Master Class BRONZE consists of approximately 6 weeks of course instruction to be completed on a flexible schedule. The content is applied at the eMBA level, including:
• short videos
• weekly office hours
• reading materials by award-winning author
• practical toolkits
By applying the principles of SMARTnership, parties could work out the asymmetric values between them and create far greater value – mutual value – with the lowest costs and highest profits.
Hot Topic:
Contract Simplification and Visualization
Can we really use graphics to illustrate terms?
Incoterms
©2017 IACCM
Comic Contracts – Robert de Rooy
https://blog.iaccm.com/commitment-matters-tim-cummins-blog/are-comic-contracts-a-joke
Organizations Embracing Contract Simplification and Visualization
©2019 IACCM
Shell Legal Video Link
https://www.youtube.com/watch?v=A6Nauutlr1I&feature=youtu.be
• It demonstrates your commitment to ease of doing business.
• It has been shown to reduce administrative time negotiating and rewording your contracts.
• It encourages the use of contracts as a positive tool supporting collaborative relationships.
• It reduces disputes caused by lack of clarity in terms.
• It tackles the problem that difficult to understand contracts result in business risks – for example: slowing down the implementation process and more likely to be ‘consigned to the drawer’ where they are either ignored or misinterpreted
Benefits of Contract Simplification and Visualization
©2019 IACCM
Key Questions
©2017 IACCM
LANGUAGE - How understandable are the words in your contract?
DESIGN - Does the design make the contract structure clear, consistent and easy to read and navigate?
RELATIONSHIP - How far does your document help cultivate a positive relationship among the contracting parties?
CONTENT - What is your content and is it organised to deliver your business purpose?
BALANCE - Do the terms of your contract generate a sense of collaboration and trust?
©2019 IACCM
Simplification and Visualization Examples
Street Vendor Code: Before
Typical page from New York City Administrative Codehttp://72.0.151.116/nyc/AdCode/Title20_20-465.asp (October 2013)
Excerpt from Vendor Power! – a visual guide to the rights and duties for street vendors in New York City.© 2009 The Center for Urban Pedagogy.http://welcometocup.org/Store?product_id=17
“Vendor Power! decodes the rules and regulations for New York’s 10,000 street vendors so they can understand their rights, avoid fines, and earn an honest living.”
Design: Candy Chang
Street Vendor Guide: After
Contracts as user guides
[note to clarify the contractual status of this document] 1
How to invoice
Where to send your
invoicesSend your invoices to:Nexen Energy ULC, Attention: Accounts Payable,
Box 2727, Station M, Calgary, Alberta T2P 5C1
Courier delivery: 801 7th Ave SW, Calgary, Alberta T2P 3P7.
You can also use e-invoicing for faster payment.
To register, contact us at [email protected]
When to invoice Invoice us at the end of each month.
Make sure you invoice us regularly, and within 60 days of delivering the
goods or completing the work.
Include all the services completed during the period.
When we willpay We aim to pay you 30 days after we have received your invoice, so long as it
has the correct information and back-up documentation.
Remember: you must back up your invoice with documents that prove
the goods or services were delivered, to avoid payment being delayed or
even refused.
30 days
You mail We receive Payment date is
an invoice your invoice 30 days from when
we get correct invoice
Rejected invoices If your invoice does not have the correct information, we will have to return it
to you. The 30 days payment term will then start from when we receive your
corrected invoice.
You mail We receive We return You mail a Wereceive
an invoice your the invoice new invoice the correct
invoice for correction invoice
30 days
Payment date is
30 days from when
we get correct invoice
How we pay you We prefer to pay you by direct deposit.
To enrol for this, please call us on (403) 699-4505
or email us at [email protected]
Nexen/CNOOC / Guide to Reporting / version 0.0 / April 2015 2
2 Regular reports you need to send
Monthly progress
report
Send the Nexen Representative a progress report at the end of every month.
It should cover:
Progress with the job (what has been done).
Safety update:
• Hours worked
• Notable events
• Actions taken
• Status updates on any outstanding actions from earlier reports.
This report is covered by sections 3.7.1 and 4.11.1 of the Contract General
Terms and Conditions.
Use our Monthly Progress Report template to ensure you structure the
information in the way we need it. You can get it from [www.where?.com]
Annual Payroll
Burden Statement
Payroll Burden means staff benefits you pay for on top of salary (see the
Guide to Pricing for more information).
At the end of the year, or within 15 days of a Contract ending, send us a
Payroll Burden Statement. Use our Payroll Burden Statement template to
ensure you structure the information in the way we need it. You can get it
from [www.where?.com].
The statement should cover:
Payroll Burden (other than Statutory Payroll Burden):
• Total for all employees
• The actual value paid
• The amount of any overpayment we have made in respect of Payroll
Burden.
Statutory Payroll Burden:
• Date on which each employee reached maximum premiums CPP and EI.
You can find out more about this on the Canada Revenue Agency website.
• Man-hours billed.
• Amount of any overpayment we have made.
GST report When GST is due, we will provide each other with the documents we need to
claim any tax credits or rebates we may be allowed.
©2018 IACCM©2019 IACCM
Graphical representations of important concepts
Risk and title during
delivery
9.1 Delivery will be completed and title and risk will pass toyou:
either 9.1.1 for bulk Deliveries
Bulk
deliveries
Lubricant passes
the flange connecting to
your receiving facilities
Shell’s risk Your risk
• when the Marine Lubricants pass the flange
connecting the delivery facilities with the receiving
facilities provided by you.
Delivery bybarge:
thirdparty
ex-IBCservice
immediately before
pump ex-IBC service
Shell’s risk Your risk
• or when delivering by barge, and you have
contracted with a third-party service provider
or operator to provide pump ex-IBC service,
immediately before the pump ex-IBC service.
or 9.1.2 for Delivery in containers
Deliveryin
containers
toquay
Goods are landed
from vehicle to ground
Shell’s risk Your risk
• when delivering to a quay or other point on land,
when the goods are landed from the delivery
vehicle to the ground;
Goods are landed
on deck
Deliveryin
containers:
Shell’sbarge
& lifting gear Shell’s risk Your risk
• or when delivering by a barge operated by us and
using our barge’s lifting equipment, when the
goods are landed on the deck of the vessel;
9Risk and Title
9.1 Delivery will be completed and title and risk will pass to
you either:
9.1.1 for bulk Deliveries, when the Marine Lubricants
pass the flange connecting the delivery facilities
with the receiving facilities provided by you; or
9.1.2 for Delivery in containers:
9.1.2.1 when delivering to a quay or other point on land,
when the goods are landed from the delivery
vehicle to the ground;
9.1.2.2 when delivering by a barge operated by us and
using our barge’s lifting equipment, when the
goods are landed on the deck of the vessel;
9.1.2.3 when delivering by barge or vehicle and using
lifting equipment provided and operated by you,
when the goods are lifted off the deck of the
barge or off the vehicle; or
9.1.2.4 when delivering by barge, and you have
contracted with a third-party service provider or
operator to provide pump ex-IBC service,
immediately before the pump ex-IBC service.
9
Before * After
The small printBefore * - this is after language simplification
©2019 IACCM
Rewriting Definitions
3
1 Defini t ions
Affiliate
Branded Material
An Affiliate is a person or organisation who you control or are controlled by. The
controlling relationship can be direct or indirect (for example through an intermediary).
Control can be maintained by a contract, share ownership, or some other kind of legal
agreement.
Any advertising materials, signs, or other items or materials showing ourTrademarks.
Buyer The purchaser of our Products and/or Services, also referred to as ‘you’.
Commercial
TermsThe commercial terms agreed by the parties that make up part of this agreement.
Change of
ControlThe most common Change of Control is if your company changes ownership.
Operating
Standards
How we supply our Products, including our standard ordering processes, delivery
times, min imum orders and discounts. W e will communicate these to you in a written
document.
Intellectual
Property Rights• OurTrademarks
• All patents, copyrights and database rights, rights in know-how, moral rights or other
similar rights
• Any literature, manuals, materials or information supplied in connection with this
agreement, whether or not they are registered
• Any applications for registration of any of these things, and all rights to apply to register
any of them.
Person Any individual, partnership, limited partnership, f irm, trust, body corporate, government,
governmental body, agency or instrumentality, unincorporated body of persons or
association.
Product(s) Any Product offered by us f rom t ime to t ime under this agreement.
Services Any Services offered by us f rom t ime to t ime under this agreement.
Prohibited
Country
Prohibited countries are: Cuba, Iran, Sudan, Syria, Belarus, North Korea and Libya. This
list may be amended by us f rom time to t ime by giving notice to the buyer.
Our company The entity def ined in the Commercial Terms. Also referred to as ‘we’.
X Trade
Marks
The name “X, and any trademark, trading name, house mark, mark of ownership,
unregistered mark, or service name.
This includes package shapes, colour schemes, styles of labelling, emblems, registered and
unregistered designs, retail and other formats, slogans, signage, communications
materials, and other manifestat ions as specif ied f rom t ime to t ime by us, characteristic of
companies of the our Group, their goods, services and activities.
1. DEFINITIONS: “Affiliate” means, in reference to a Person, any other Personwhich: (i) directly or indirectly controls or is controlled by the first Person; or(ii) is directly or indirectly controlled by a Person which also directly or indirectly
controls the first Person; and for the purposes of this definition, a Person controls
another Person if such Person has the power to direct or cause the direction of the
management and policies of the other Person, whether directly or indirectly,
through one or more intermediaries or otherwise, and whether by ownership of
shares or other equity interests, the holding of voting rights or contractual rights,
by being the general partner of a limited partnership, or otherwise. “Branded
Material” means any advertising materials,
signs or other items or materials bearing our Trade Marks. “Buyer” means the
purchaser of the Product and/or Services offered by us “Commercial Terms”
means the commercial terms agreed by the Parties that makes up part of this
Agreement. “Change of Control” occurs whenever a legal or natural person (other
than an Affiliate of that party) either ceases to have control of a party or acquires
such control. “Operating Standards” means any brochure of ours (as may be
updated and issued to Buyer from time to time) relating to supply of the Products
and setting out details of such matters as ordering processes, delivery times,
minimum orders and discounts. “Intellectual Property Rights” mean our Trade
Marks, and all patents, copyrights and database rights, rights in know-how, moral
rights or other similar rights in any country in or connected with the Products or
any of them or any literature, manuals, materials or information supplied in
connection with this Agreement, in each case whether or not registered, and any
applications for registration of any of the foregoing, and all rights to apply to
register any of the foregoing. “Person” means any individual, partnership, limited
partnership, firm, trust, body corporate, government, governmental body, agency
or instrumentality, unincorporated body of persons or association. “Product(s)”
means any product offered by us from time to time under this Agreement.
“Services” means any services offered by Shell from time to time under this
Agreement. “Prohibited Country” means a country on the following list of
countries: Cuba, Iran, Sudan, Syria, Belarus, North Korea and Libya, as such list may
be amended by us from time to time by notice to Buyer. “X” means the relevant X
entity as defined in the Commercial Terms. “X Trade Marks” means the name “X”,
and any trade mark, trading name, house mark, mark of ownership, unregistered
mark, service name, package shapes, colour schemes, styles of labelling, emblems,
registered and unregistered designs, retail and other formats, slogans, signage,
communications materials, and other manifestations as specified from time to
time by us, characteristic of companies of the our Group, their goods, services and
activities.
©2019 IACCM
Operationalizing Payment Terms: before
2. PAYMENT TERMS: Payment for Product and/or Services shall be due in
accordance with the payment terms agreed by X and Buyer which are confirmed
on the invoice. Payment shall be made by direct debit unless otherwise agreed
by X. If payment is not made in accordance with the agreed terms X reserves the
right to claim interest or a late payment charge at a rate of 0.05% per day on late
payment and additional compensation for debt recovery costs but such rate and
compensation shall be capped at the maximum permitted under applicable law.
Where the last day for payment falls on a day other than a “Business Day”
(meaning a day that is neither a Saturday nor a Sunday nor a public holiday in X’s
principal place of business) then any such payment shall be made on the nearest
preceding Business Working Day. X may at any time withhold and set off any
sum due from X to Buyer against any sum due from Buyer or any of Buyer’s
Affiliates to X under this Agreement or otherwise.
©2019 IACCM
Operationalizing Payment Terms: after
2 Payment terms
When is payment due? Look on your invoice, which shows the payment terms.
How should you pay? Pay us by direct debit, unless we specifically agree on another
way to pay.
What if your payment is late? X has the right to claim either interest or a late payment
charge of 0.05% per day. W e may also claim the cost of
recovering the debt, up to any legal maximum.
What if the payment deadline is
on a weekend?
Shell’s right to set off any debts
If the payment deadline is on a weekend or public holiday, make
the payment on the last business day before the deadline.
If you owe us money, we have the right to set off this amount
against any money that we owe you or any of your affiliates.
Graphic idea for payment terms
What if your payment is late? Xhas the right to claim interest or a late payment charge of
0.05% per day.
W e may also claim the cost of debt recovery, up to any maximum
permitted by law.
©2019 IACCM
Remember….
“In an age of fast-growing complexity, the winners are those who simplify the
lives of others”
