STUDENT
RMIT Classification: Trusted
Contractual Agreement
Between:
and
Effective from:
Until:
Contract Ref:
Contract Title:
(If Applicable)
CONTRACT DELEGATION AND AUTHORISATION
DELEGATED AUTHORITY, WHICH MAY INCLUDE A LEGAL REPRESENTATIVE.
The following position has the Delegated Authority and Technical Authority to approve establishment, annual reviews of the contractual agreement, contract variations, and extensions.
CONTRACTUAL AGREEMENT DELEGATED AUTHORITY
CONTRACT AGREEMENT – APPROVAL
To be approved by Accountable Authority/Delegate/Legal Representative
Name (print) Signature Date ……/…../…
Position Title: ………………………………………………………………………
CONTRACTUAL AGREEMENT DELEGATED AUTHORTY
CONTRACT AGREEMENT – APPROVAL
To be approved by Accountable Authority/Delegate/Legal Representative
Name (print) Signature Date ……/…../…
Position Title: ………………………………………………………………………
PLAN FOR MANAGING THE CONTRACT
A summary of the contractual agreement details and the contract management requirements are outlined with this contract.
CONTRACT SUMMARY
BACKGROUND
Provide a
ief summary of the procurement process that led to the contract being established. Items to be addressed may include:
History;
Purpose of the contract;
Objectives/outcomes/deliverables/milestones; and
Scope.
Information should be detailed enough to provide someone at arm’s length with a clear understanding of the contract requirements.
CONTRACT DETAILS
Buyer (Company)
Name of Legal Entity
Business Address
Business Name
Contract Manage
Contract Numbe
Contact Person
Contact Person Position Title
Email
Telephone
Facsimile
Contract Title (If Applicable)
Contract Commencement Date
Contract Term
· Initial Term
· Extension Options
Total value of contract.
Legal Representation Party
CONTRACTOR(S) / SUPPLIER DETAILS
Accepting Party (Company)
Name of Legal Entity
Business Address
Business Name
Contact Person
Contact Person Position Title
Email
Telephone
Facsimile
Supporting Alternative Contracto
Document Version Control
Version date and numbe
Autho
Approved by
Location
(File path if electronic
DETAILS OF GOODS/SERVICES
Description
Insert full general description of goods/services under this contract
Specifications
Insert specific information of the goods/services which may include sizing, design, model numbers, colours etc
Details of Orde
Insert full details of this order based around units, packages etc required
Shipping Documents to be Provided for Clearance
☐Commercial Invoice
☐ Certificate of Origin issued/authorised by…………………………..
☐ Fumigation Certificate
☐ Packing List
☐ Packing Declaration
☐ Transport Insurance including ………………………………………………..
☐ Inspection Certificate
DELIVERY DETAILS
Delivery Terms
Insert full delivery terms and condition, responsibility and risk unless you are using any of the Incoterms publications. If using Incoterms quote which version (year) and points of transfer.
Delivery Point and Date
Insert estimated delivery date and point. These will need to align with your chosen Incoterms.
PRICING
Price Details
Detail pricing a
angements. Include any unit price
eakdown.
A price schedule may also be included (as an attachment if required).
Price or Order Total
Detail pricing base and include any fees or tax
eakdown up to total.
A price schedule may also be included (as an attachment if required).
Payment Details
Detail payment conditions.
Include any specific conditions about payment terms, schedule/dates/milestones, settlement discounts and/or invoicing/payment requirements.
CONTRACT VARIATIONS
Price Variation Details
Detail any price variation mechanism allowed under the Contract.
Reference/detail the process for approval of these variations by the Delegated Authority.
Other Variation Details
Detail any other variation mechanisms allowed under the Contract.
Reference/detail the process for approval of these variations by the Delegated Authority.
Provide details on how this might change any legislative requirements and workplace requirements.
Extension Options
The Contract Manager will undertake a formal review prior to recommending exercising or declining any available extension option.
Reference/detail the process for approval of any extension options by the Delegated Authority.
EVALUATION
List your process of evaluation and what measuring indicators below that have been agreed upon.
Key Performance Indicators
Insert your agreed KPI’s, these will assist with evaluation therefore completing them in a S.M.A.R.T format/style will assist with understanding and evaluation.
Service Level Agreements
As per KPI’s however relevant to service
RISKS / COMPLAINTS / DISPUTES
Risk Assessment and Management Strategy
Risk assessment and management should be ongoing from the planning phase to the contract close out/finalisation.
List examples of risk mitigation or elimination management in your case for this agreement. This may include alternative contractor details listed above.
The risk assessment completed during the phase’s should be reviewed regularly and updated if/when new risks are identified.
A Risk Register can be included as an attachment to this document.
Issues of Complaints
Detail how issues and complaints that arise during the contract term will be managed and documented.
Dispute Resolution
Insert details of your agreed process of resolution in the event of a dispute.
LIABILITY
Liability Limits
Insert levels of liability, this may include degree of responsibility along with a max dollar amount.
Insurances
Detail the transport insurances held by this Contractor if applicable (ie: shipping terms) and applicable other insurance types.
Insurance Type
Insure
Policy No.
Insured Amount
Expiry Date
Exclusions
The Contract Manager should ensure the above insurances are valid and in accordance with Contract requirements.
Wa
anties
Insert your conditions of wa
anties as accepted by both parties
TERMINATION
Termination Rights
Insert termination rights only.
Notice Period and/or Conditions for Termination
Terms and conditions of termination follow the rights
STANDARD CONDITIONS
Intellectual Property Rights
Insert any IP conditions relevant to this contract, goods or services
Confidential Information
Confidential information may be at risk under this contract. Insert any conditions relevant to this contract in the event this transaction may pose any risk.
Product Compliance/Standards
All or any product compliance standards including those in accordance with relevant legislation, workplace procedures and negotiated conditions of service and supply.
List examples of compliance or standards required for your case and product (including Act) plus any workplace legislation that they may be subject to.
Special Conditions
All or any additional special conditions across all categories of this agreement can be listed here. These will be part of your initial agreement.
Force Majeure
This area is should be refe
ed to a legal representative for advice and/or assistance.
Insert your agreed condition/s here. (if applicable)
COMMUNICATION
Evaluation Reporting
Detail the strategy that will be used to evaluate both parties and any stakeholders during the contract term. This may include regular progress reports or updates to the executive team, how any changes to the contract will be communicated to staff, feedback to contractor, changeover of staff etc).
Detail the reporting requirements and frequencies as outlined in the contract negotiations. This may include information on the reporting type, format or frequency, data analysis and the use of the results.
General Communication Strategy
If applicable, detail the strategy that will be used to communicate between parties and any stakeholders during the contract term. This may include regular progress reports or updates to the executive team, how any changes to the contract will be communicated to staff, feedback to contractor, changeover of staff etc).
Detail the reporting requirements as outlined in the contract negotiations. This may include information on the reporting type, format or frequency, data analysis and the use of the results.
Provide details of where data will be saved.
Provide details of communication methods that are to be applied to various communication requirements. (eg: meetings, reports etc)
Audit and Records Strategy
The Public Authority and Contractor are required to comply with various policy, procedural, reporting, record keeping and contractual obligations. The Contract Manager and Contractor are responsible for ongoing management of these requirements.
Provide details of your required audit processes (eg: frequency, methods etc)
CONTRACT REVIEW
Formal contract reviews need to be planned well in advance of extension or expiry dates to maximise the options available to the public authority.
Detail the process and timeframes for completing any proposed contract reviews. A review schedule could be included as an attachment to this document.
A formal contract review should identify whether objectives are being met and if the value for money claim has been validated by assessing:
1. Whether there is a change in demand for the products/services (i.e. an increase, decrease or no longer any requirement)
1. Strengths and/or weaknesses
1. Issues and/or efficiencies
1. New risks identified
1. Contractor performance
1. Variations
1. Expenditure versus budget
Note: Contract Review templates are available on the Department of Finance’s website under ‘I’m a Contract Manager’.
CONTRACT EXECUTION
Signed for and on behalf of the Buyer ………………………………………………………..(ABN XX XXX XXX XXX) by its duly authorised representative/s in the presence of:
Witness
Authorised representative
Name of Witness (print)
Name of authorised representative (print)
Date:
Date:
Signed for and on behalf of the Supplier ………………………………………………………. by its duly authorised representative/s in the presence of:
Witness
Authorised representative
Name of Witness (print)
Name of authorised representative (print)
Date:
Date:
Authenticated Copies Provided:
To:
Date:
To:
Date:
To:
Date:
To:
Date:
ATTACHMENTS
Depending upon the type and scope of the Contract a variety of documents may be required.
The Contract Manager will need to determine whether documents should be listed with the file reference number or whether they should be included as an attachment to this contract.
Examples include documents such as:
Attachment Reference
Document
A
Insurances
B
Risk Registe
DELETE IF NOT APPLICABLE
RISK MANAGEMENT STRATEGY - RISK REGISTER
Insert a risk register here IF APPLICABLE.
There is no single risk register or table that must be used in this section. There has been a risk register template provided in the resource section on Canvas, or any other risk register, table can be used from other sources.
As a minimum, this appendix should describe the risks identified, along with their ratings and treatment strategies.
The Appendix title can be edited as appropriate.
Internal Contract Management Plan
[Goods and services Contract Management Plan template]
TITLE:
[Insert Contract Title Here]
CONTRACT NUMBER:
[Insert the Contract Number]
EFFECTIVE FROM:
[Insert the Date]
Approved by:
/201X
[Insert Title]
Red text is an instruction and should be deleted after reading
Blue text should be edited or deleted as required
Black text should generally be considered as fixed text, however, can be edited to better suit the Public Authority's requirements where necessary
This document is for internal use only
STUDENT
RMIT Classification: Trusted
Assessor guide - Ass 2 Negotiate a Contract 2019.docx
© Copyright 2015, Ke
ie-Anne Sommerfeld, Ru
ic Training Solutions. These materials may not be used or significantly modified without a written license agreement from Ke
ie-Anne Sommerfeld 1
Negotiate A Contract_Internal Contract Management Plan Template_September 2019
© Content is subject to copyright, RMIT University
Page 2 of 11
INTERNAL CONTRACT MANAGEMENT PLAN DELEGATION AND AUTHORISATION
DELEGATED AUTHORITY
The following position has the Delegated Authority and Technical