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Government & Public Sector

 
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THE IACCM PUBLIC SECTOR NETWORK

The purpose of the public sector network is to provide its members with insights to new trends and emerging practices in the fields of contract, commercial and relationship management. While these will be in the context of the public sector, they will draw from knowledge and ideas that are current and relevant in the private sector. A key goal is to improve the performance of public sector contracts and relationships.

The objectives will be met by sharing ideas, discussing challenges, exploring new directions and, where appropriate, initiating research or inviting experts to present on key topics related to contract, commercial and relationship management.

Meetings will be virtual (by phone or webinar) unless in specific cases there is an agreed wish to have physical meetings or workshops to develop specific initiatives.

 

Please take a minute to participate in the following survey https://www.surveymonkey.co.uk/r/IACCMPublicSector

 
 
Network Updates

Ask the Expert: *ASIA PAC Time Friendly* Why we need the right Commercial Model to Drive Collaboration

Why we need the right Commercial Model to Drive Collaboration?The benefits of collaboration are legion. In the IACCM research report “Unpacking Relational Contracts”, we see that the role of collaboration in commercial dealings is becoming even more important as the new economy embraces more volatility, uncertainty, complexity and ambiguity. How then do we ensure our commercial approach is crafted to maximise the value of collaboration and minimise leakage in our contracts? In this webinar we will explore why business as usual commercial approaches regularly fail to realise benefits, especially in complex environments.  We will explore how to craft a commercial strategy that is best suited to drive collaboration. This exploration will not just look at the contract terms and conditions but also effective market engagement and negotiation strategies. The webinar will close with an examination of how we can best integrate the commercial function with other organisational disciplines to ensure we achieve enterprise outcomes.      7:30 am Mumbai / New Dehli / Gurugram  9:00 am Bangkok 10:00 am Beijing / Shanghai / Singapore / Hong Kong / Kuala Lumpur / Manilla / Perth  12:00 pm Brisbane 12:30 pm Adelaide / Darwin 1:00 pm Sydney / Melbourne 3:00 pm Wellington / Auckland / ChristchurchOur Expert:John Davies, Principal Consultant, Parallax Project Management. John is a project and commercial manager who specialises in providing strategic commercial advice in complex environments. John has conducted extensive research into relational contracts and governance frameworks from both the buy-side and sell-side. John has authored collaborative contract better practice guides, performance-based contract evaluation guides, and tender evaluation guidelines for Federal and State governments.  John also delivers postgraduate courses in project management, contract law, and risk management at the University of New South Wales.   You can find John’s CV at LinkedIn.  https://www.linkedin.com/in/jdavies71/     The session will be recorded if you can not attend live, Simply register below for the recording.

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Honesty in Contracting

Conventional wisdom is that Sales and Marketing should extol the benefits of a product or service and avoid mention of any possible drawbacks or negatives. Those aspects are covered by the contract, typically in the form of limitations with regard to performance or use, but also in terms of potential recourse. In other words, we all know that sales people and marketing materials tell only part of the story and the contract often conveys a very different message.

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Are negotiators in the Western world stupid?

Are negotiators in the Western world stupid? This may seem a rather provocative question - but it is apparently a question frequently asked by business people in Asia, based on their experiences with counterparts from the Western world.

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Justifying a commercial item in Defence Contracting

Hi all, Working in a UK Defence Company, we are relatively new to contracting with the U.S Department of Defence. We are attempting to justify our product as a Commercial Item under Paragraph 8 of the US DoD Guidebook for determining a Commercial Item. This pertains to our product being developed at our own expense and sold in substantial quantities to State and Local governments. The area for debate is the word 'State'. We have sold our product to foreign 'States' but not local U.S. State Governments, and this is proving to be the area of contention, the interpretation of the word 'State.' As part of our Bid submission we provided price justification which satisfied that the price we charged the government via a Prime Contractor was our established market price and this satisfied their approval to place a Purchase Order, so I am trying to establish the risk associated with the rights to cost and pricing data which is associated with Non-Commercial Items. Any help would be gratefully received.

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Commercial & Contract Management: Reflecting on a Decade

A report card for Commercial and Contract Management over the last decade would note several key developments.

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Commercial & Contract Management: Resolution for a New Decade

Aspirational visions such as eliminating hunger, poverty or child mortality are often dismissed as unrealistic. Yet while they are certainly challenging, progress towards these goals has been remarkable. Over the last four decades, the proportion of the world's population living in extreme poverty has dropped from 42% to 10%. Since 1950, the percentage dying during childhood has dropped from 27% to 4%. Major challenges remain - but history suggests we will succeed in addressing them.

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Agenda 2030 and public procurement driving it

Lately, I have come across strong initiatives in the Nordic countries that intend to drive Agenda 2030 and all it´s goals by embedding the content within the public procurement activities. As you know, the public sector is very large in my Country, Sweden, and I expect this move to have a fundamental effect on trade in general. For obvious reasons they (state, regional and local governments) are looking for insights and inspiration from us at IACCM. I do not know if I am an early observer (I am not first) or "the last one to figure it out". Regardless, I am interested in understanding if, and if so how, such initiatives are launched elsewhere in the world and a bit more "meat on the bones" if available. It would be very beneficial to me. Very best regards, Erik Nordling, IACCM Fellow

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Men vs. Women in Contract & Commercial Management

The field of Contract & Commercial Management still has some way to go in creating equality between male and female professionals. It begins with the finding that overall just 32% of the community are women and is compounded by the fact that they are less than half as likely to be in a senior management role. This is especially the case in Procurement, where the ratio of women is just under 30% (compared with 40% in sales contracting).

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Municipalities not required by law to indemnify a Vendor

During negotiations, municipal/city customers tell me they are not required to indemnify a vendor as required by state law. I'm not arguing the law, but (i) this does not seem fair while attempting to negotiate a fair contract and (ii) if this must be the way, does anyone have a great idea to provide a counter to this. Currently, I change our customer indemnity language to state "the Customer is responsible for its acts and omission etc....

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Amendment vs. Change Order

My organization (public organization)has a new Procurement Leadership that is requesting that we (Buyers) issue contract amendments for change orders the Engineers (Project Managers) send in for additional work (increase in scope). I see this as change orders for the project and not amendments to the contract. We also have language in the contracts and the change orders follow this process, using the change order document provided in the contracts. I cannot seem to understand why we are doing an amendment for a change order. In my opinion, the scope is increasing but the work (project) is still the same, so there is no need for a contract amendment. Please can anyone provide an insight? Is it required that contract amendment be issued for, and in addition to change orders when there is an increase in scope?

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Contract Management Training

I am about the develop in-house online training for contract management and supplier performance management. Do you have training material that you can share with me? I will be happy to share the end result to you if you have contributed.

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ManIntellectual Property

The management of Intellectual Property Rights in Contracting has continued to grow in importance over the years. In the context of U.S. Government (DoD) contracting, whereby the Government did not pay for any development of the technical solution, my most recent experience has been that the Government has become extremely aggressive in attempting to obtain Unlimited Rights, as defined in DFAR 252.227-7013 (Rights in Technical Data - Noncommercial Items). I'm wondering if I'm simply dealing with an over-zealous Government IP attorney, or has it now become the norm? Any sharing of experiences will be greatly appreciated.

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Contract Management Software - UK and/or Other Government Contracts

Do any UK Suppliers working with the UK MOD and/or other national Governments utilise any cloud-based Contract Management Software for their organisation which allow them to comply with security requirements involved in holding contract data? Any information that can be provided in terms of providers and/or whether this is even actually possible and currently being done would be appreciated.

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Government vs Private Contracting - Training

I am a commercial pilot with a Bachelors Degree in Aviation that decided not to fly, but rather work on the business/office side of aviation. Therefore, I tend to think like a pilot. In flying, when something changes, such as an avionics suite, you attend a "differences" training course. I bring this up because I am having a difficult time finding training that would meet my needs. I currently negotiate the sale of multi-million dollar executive jets and spend a majority of my time in the private sector. That said, a few times per year I am faced with responding to a government related RFP (be it in the USA or other nation). I am very comfortable dealing with corporations, high net worth individuals, etc, however I recognize that I lack experience when it comes to government contracting. Can anyone recommend a course, online or otherwise, that could help me further understand government related contracting? I've found courses/classes on Google, however it is hard to tell what would be valuable and what would be a waste of time & money. Any recommendations would be appreciated. Thank you, Jon

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SME Policy

Hello Folks. I am currently developing a SME / SME Friendly Policy and would be interested to hear from anyone else who has developed such a policy or is thinking of doing so. We are a large UK company (>4,000 employees and turnover of around GBP1.0bn) and already trade with a number of SMEs but are looking to formalise our approach in policy. Best wishes Stephen

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