Contract Design and Management
Run by School of History, Law and Social Sciences
15.000 Credits or 7.500 ECTS Credits
Organiser: Dr Ama Eyo
Overall aims and purpose
The design and management of the purchase and supply contract is essential to ensure that the procurement process delivers effective results. This module will provide participants with an understanding of and requisite competencies to design and manage effective contracts in the procurement context. The module will develop participants’ contract drafting and design skills, support them in exploring different contract forms, and enable them to appreciate the significance of different contract clauses. Participants will also examine a number of model contract clauses used in procurement. The concept of value for money will be appraised and the issue of how to introduce appropriate mechanisms into the contract to achieve this will be explored. The module will provide participants with an understanding of the structure of contracts, classification of contract provisions and interpretation of contractual terms and appropriate mechanisms for managing specific issues that arise in contracts such as intellectual property issues; payment and penalty provisions; risks and indemnity; contract variations; and dispute resolution. The module will be of significant benefit to those involved in purchasing, suppliers of good or services and legal advisers.
The module will enable participants to study a range of matters related to contract design, drafting and management within a procurement context including to:
Critically discuss the essential elements in the formation of a valid contract and the relationship with a procurement contract;
Structure and critically apply various contract provisions and model contract forms within a practical procurement context;
Design and structure contractual provisions and contents;
Design and draft contractual provisions that regulate intellectual property ownership and licensing in procurement contexts;
Design and draft contractual provisions that address payment including value for money considerations;
Design and draft contractual provisions to address damages and penalty;
Design and draft contractual provisions that address risks and indemnity provisions;
Design and draft mechanisms to deal with changes and variations to the contract;
Design and draft contractual provisions that address disputes within a procurement context;
Critique contractual issues to consider in Collaborative Procurement situations;
Design and develop a number of Contract management strategies, approaches and mechanisms;
Manage the contract to ensure effective outcomes, including the design of key performance indicators (KPI).
(50-59% / C- to C+)
Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability of apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.
(60-69% / B- to B+)
Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where appropriate, propose hypotheses.
(70%+ / A- to A*)
Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where appropriate, propose hypotheses.
Develop a clear and thorough understanding of good contract pre-planning, drafting, design and management in order to draft well structured and clear procurement contracts which are the foundations for effective contract management.
Critically analyse the various contract forms, including model contracts used by the public sector, and appreciate the essential distinctions between each form.
Critically utilise the knowledge gained to effectively design and draft various contract clauses, using appropriate language and format.
Evaluate critically, and apply appropriately, different contract models and forms appropriate to specific procurement environments and requirements.
Critically assess how to deal with specific practical issues in the contract, such as payment clauses, damages and penalty clauses;, contract variations, intellectual property, risks and indemnity, and dispute resolution.
Critically develop contract management approaches and mechanisms that ensure effective procurement outcomes into the contract form.
Teaching and Learning Strategy
Teaching will be in the form of a dynamic combination of pre-recorded lectures available on Blackboard and on-line live lectures facilitated by the lecturer and driven by class discussions and case study analysis at designated times. Students unable to participate at the time of on-line live delivery would be able to download the recordings. Approximately 50% of the sessions will be pre-recorded with the remainder to be on-line live lectures.
Participants will be provided with additional materials for private study and will also have access to the Bangor University library online catalogues.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
G. Fuller, Purchasing Contracts: a practical guide (Spiramus Press Ltd, 2010)
M. Griffiths, “Law for Purchasing and Supply” (Prentice Hall, 3rd ed, 2002)
I. Longdin, Legal Aspects of Purchasing and Supply Chain Management (Cambridge Academic; 3rd ed, 2009)
E. McKendrick, Contract law: text, cases, and materials, 7th ed, 2016
Courses including this module
Optional in courses:
- M1AY: LLM Procurement Law, Strategy & Practice (Distance Learning) year 1 (LLM/PLSP)