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STUDENT RMIT Classification: Trusted Contractual Agreement Between: and Effective from: Until: Contract Ref: Contract Title: (If Applicable) CONTRACT DELEGATION AND AUTHORISATION DELEGATED AUTHORITY,...

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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
Answered 23 days After Oct 24, 2021

Solution

Asif answered on Nov 10 2021
116 Votes
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.
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
History: Though the contracted in initiated in 2021, planning for the contract was started from 2010.
Purpose of the contract: The contract is intended to make supplier contacts and draw the agreements.
Objectives: The objective is to get informed about the terms and conditions of the supplier.
Scope: The scope of the contract covers, extent, and the space of the contract.                                                                             
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
Specifications
Details of Orde
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
The terms, and conditions of delivery include that, only those supplies will be accepted which are in right condition, and desired temperature. The responsibility of delivery is that, it will be ensured that all of the ordered products will be delivered to the desired destination, and in required conditions. The risk of bad weather conditions lies in the delivery terms.
Delivery Point and Date
10.11.2021
PRICING
Price Details
Price or Order Total
Payment Details
The payment should be cleared from time to time. It should be made in advance including the taxes.
CONTRACT VARIATIONS
Price Variation Details
No price variation is allowed under the contract. The opposition party is expected to pay the negotiated payment made during the supplier agreement.
EVALUATION
Key Performance Indicators
    KPIs
    Specific
    Measurable
    Achievable
    Realistic
    Time bound
    Quality of supplies
    The KPI is specific , as it talks about the quality of supplies
    The quality of the supplies is measurable by matching it with the standards mentioned in the order form.
    Evaluating the supplier agreement in terms of quality of the supplies is achievable, since the materials can be tested as per the quality specifications
    Checking the quality of goods is a realistic objective since, the materials can be hand tested or infused through laboratory procedure for checking.
    The KPI is time bound as the quality of the supplies need to be checked before incorporating them in the production process.
    Time required for delivery
    The metric is specific about the delivery time
    The time is obviously a measurable KPI, as the duration of delivery can be measured in terms of days, months, hours, and minutes.
    This indicator is also achievable to implement for evaluation, since the time required for delivery can be measured.
    It is quite realistic to measure the time of delivery to evaluate the effectiveness of the supplier agreement
    The checking of delivery time needs to be done during the product getting delivered to the destination. So, it has to be done in particular time.
    Payment terms
    The metric is specific about the payment that has been completed
    It can be measurable that how much payment has been done against each of the supplied goods
    Payment transactions do have bank statements, which can be utilised to check that whether they are done adequately or not. Hence, this indicator is also achievable in the evaluation of supplier agreements.
    
    The checking of payment terms and the following of the terms need to be done after the supplies are received, and within 2 to 3 working days. This is because objections (if any) regarding the payment terms need to be raised as soon as the supplies got delivered.
Service Level Agreements
As per the KPIs, quality of supplies, time required for delivery, and payment terms are relevant to the service.
RISKS / COMPLAINTS / DISPUTES
Risk Assessment and Management Strategy
    Risk description
    Likelihood
    Impact
    Severity
    Owner
    Mitigating action
    Cost ove
un
    Medium
    High
    High
    Finance manager
    Doing a budget analysis before execution of the contract
    Damage to business
    Low
    High
    High
    Production manager
    Testing the supplies before incorporating them in the main business
    Quality failures
    High
    Medium
    High
    Production manage
    Quality testing procedures should be deployed before accepting the delivered supplies.
Issues of Complaints
There will be complaints manager who will be charged...
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