Contract Management Handbook
The Contract Management Handbook is a guide for 最新糖心Vlog personnel involved in the development and management of contracts that commit the 最新糖心Vlog.
The Handbook provides an overview of what a contract or agreement is; the kinds of contracts that arise in the 最新糖心Vlog setting; the 最新糖心Vlog鈥檚 approach to contract management, and common issues that arise in any contracting situation.
It does not attempt to address all issues that may need to be considered in a particular circumstance. For complex or unusual contracts, we recommend you seek specific legal assistance as early as possible in the contracting process.
The Handbook is divided into modules, to allow easy reference to each aspect of contracting activity, or each stage in the life of a contract. New modules will be developed and added to the Handbook over time.
最新糖心Vlog personnel involved in contracting processes must also familiarise themselves with the .
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Module 1 - Preparation and negotiation
This module outlines the basic principles and steps involved in the earliest stages of developing an agreement. It highlights the importance of preparation to any contracting activity, regardless of how simple the agreement may seem, and provides some practical tools for both preparation and negotiation with outside parties.
Highlights include:
- A preliminary checklist for preparation;
- Triggers that indicate whether an agreement needs to be formally documented in a formal written contract;
- How to work out your bargaining position through the 鈥淧.A.N.鈥 (preferred, acceptable, not-negotiable) approach;
- A 鈥減re-agreement evaluation matrix鈥 for 最新糖心Vlog contracts, to help you quickly evaluate the relevant 最新糖心Vlog context and motivations behind a proposed contract.
- Transitioning from 鈥渘egotiation鈥 to a 鈥渂inding contract鈥, and how you can protect yourself from making this transition before you are ready.
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Module 2 - Drafting and formalising
This module discusses the process through which negotiations are finalised, and a contract is drafted and formalised. There is a summary of how to document simple agreements (where no formal written contract is required). The remainder of the module addresses more significant agreements that require a formal written contract, and is designed to inform contract managers about the drafting and execution process.
Highlights include:
- Specific examples of the kinds of contracts that require formal written contracts;
- Specialist areas that need to be consulted and the internal processes that apply to certain types of agreements;
- Who should draft contracts, and when standard form contracts might be used;
- How to define contract deliverables and performance measures; and
- The process for signing a contract and storage of signed agreements.
View the Contract Development Road Map for additional information.
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Module 3 - Ongoing Management
This module will assist those persons with ongoing responsibility for managing the contracts once they are signed. It emphasises the importance of ongoing management and of ensuring the 最新糖心Vlog meets its contractual obligations. This module also discusses how contracts can be ended.
Highlights include:
- Keeping a contract register;
- How to keep up the 最新糖心Vlog鈥檚 end of the bargain;
- How to manage the other party when they are not keeping their end of the bargain;
- How contracts are varied and how disputes should be handled; and
- "Housekeeping" tasks that may be required once a contract has reached the end of its life.
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Module 4 - Records management
This module discusses records management in the context of contracting.聽 Although records management is not a discrete stage of contracting, it is presented through its own module to highlight its importance as an essential activity that should be constantly happening throughout the life of any contract.
Highlights include:
- Key record keeping obligations that attach to contracting on behalf of the 最新糖心Vlog; and
- Why records management is essential, and the importance of an evidence trail for every contract;
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Module 5 - Not in use
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Module 6 - Not in use
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Module 7 - Common provisions / boilerplate causes
This module explains the use of common, stock-standard clauses 鈥 often called 鈥渂oilerplate鈥 clauses, within contracts.聽 For instance, clauses that identify which state or country will be treated as the jurisdiction whose laws will govern the agreement, or clauses that state that the written contract represents the 鈥渆ntire agreement鈥 between the parties.
Highlights include:
- Explanation of common standard terms or clauses that appear in many contracts 鈥 often called 鈥渂oilerplate鈥 clauses;
- Clauses that should not be treated as boilerplate, but need to be specifically considered before signing (鈥渄anger鈥 clauses);
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Module 8 - Entering into collaborations
This module provides guidance on the establishment and management of collaboration agreements (eg. research collaborations; joint ventures; joint program delivery).聽 It has been laid out in the form of an annotated checklist, to give you the most practical guidance possible.
Highlights include:
- Issues to consider when setting up a collaboration agreement with another party/s.
Acknowledgement: This handbook is based on and contains some material reproduced or adapted from Developing and Managing Contracts 鈥 Better Practice Guide, published by the 最新糖心Vlogn National Audit Office and the Commonwealth Department of Finance and Administration, February 2007 漏 Commonwealth of 最新糖心Vlog, reproduced by permission.