Contract Management Guide
Contract Management Guide
Contract Management Guide
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
A fair & reasonable price for a high quality & on-time Scope of Work
To achieve the objectives of contract management as highlighted above, the scope of work
plays a very important role. You need to ensure that the scope of work is well defined & leaves
no room for misconstruction or misinterpretation. Part of this is achieved thru a well construed
statement of work (SOW).
S TAT E M E N T O F W O R K ( S O W )
Statement Of Work (SOW) is one of the most important aspects of contract administration.
What we need to understand is that most conflicts and problems in contract execution result
from a poor statement of work.
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
Writing an SOW
Writing a Statement of Work (SOW) effectively is essential as SOWs are the most essential
documents in any tender or contract. They are read and interpreted by both buyers and
suppliers with very diverse backgrounds.
Therefore, when you want to determine how to write a statement of work, you need to write in
such a way that technical and non-technical readers can understand them during the risk
assessment, contract development, solicitation, award, administration, acceptance, and
closeout.
To ensure that when writing a SOW it accurately reflects what the contracting parties have
agreed to, follow these tips:
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
You need to avoid incorporating extraneous material and requirements which may add
unnecessary cost Data and test requirements are common examples of problems in this area.
P O S T AWA R D CO N F E R E N C E
Once the contract is awarded (of course after you selected the right type of contract and
incorporated an excellent SOW which meets contract performance objectives), it is very
important that a Post Award Conference is conducted.
The purposes of the post award conference are:
1. Achieve clear, mutual understanding of all contract requirements.
2. Identify and resolve potential problems.
3. Avert misunderstandings
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
Heres a checklist of 19 items that you want to cover in a post award conference:
Function & Authority of Owner Personnel
Function & Authority of Contractor Personnel
Work Progress Reporting
Manpower Reports
Subcontracts
Consent Process for Placement of Subcontracts
Prime Responsibility for Subcontractor Administration
Source Inspection
Special Procedures for Imported Material
Special Procedures for Foreign Workers
Delivery Schedules
Warranties
Overtime
Transportation
Invoicing & Billing Instructions
Training
Inspection & Acceptance
Disposition of Confidential Material
Clean-Up
S TA R T I N G T H E C O N T R A C T F I L E
In order for you ensure that everything goes smoothly during the contract and have full
documentation even if things go wrong, paper work trail is very important. You do this with the
Contract File.
The contract file ensures that all important contract information is exchanged by many
individuals. This is done thru various means. To ensure you have a proper contract file, ensure
that you observe the following 4 procedures:
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
CONTRACT MEASUREMENT
You Cant Manage What You Dont Measure
Needless to say, you cannot manage what you dont measure. Contracts are no exceptions to this. What
do you measure in contracts? Heres a list:
Adherence to Plan Schedule
Problem Resolution
Plan Maintenance
Customer Satisfaction
Work Appearance
Competence
Quality of Personnel
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
Performance to Cost Estimate
Reject Rate
Maintenance Cost
Quantity Accuracy
Responsiveness
Technical Support
CONTRACT MONITORING
To measure effectively you need to monitor effectively. The contract itself should have formal
documents that outline the requirements for production, delivery schedules and even the means of
reporting progress by the contractor. Essentially you want to know the following:
Did the Contract/Project achieve the milestones/performance due since the last report?
What milestones are due before the next report?
Has anything happened that will impact the final delivery date?
Are there any new significant risks, and if so what is being done to mitigate the risk?
When you closely monitor these you minimize the risk of unexpected things happening, or if they
happen you will at the least have a backup plan in place. Heres how to actually check the status &
progress of work.
Status Checking
The most accurate and effective way to determine current progress, promised delivery, shipping status
is by sending your own personnel to the suppliers location. It is best to use those training in project
monitoring. And remember: dont say youre going to check, use surprise visits. If it is not possible to
visit, or you cant visit as often as you would want to, consider the following when obtaining status:
Use open ended questions that cannot be answered without checking eg
o
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
T H E 5 W S O F I N S P E C T I O N & A C C E P TA N C E
If youve done your work right i.e. you have mentioned clearly your specifications in the SOW,
documented the whole contract process effectively and ensured prospering monitoring and
measurements, you will hopefully be at the stage of accepting the goods/services.
Now, even when youve done a great job with your contract it does not necessarily follow that you will
receive is what you asked. Thats why Inspection & Acceptance is one of the most important phases of
contract management. Further the word acceptance is very significant in most contract laws.
First, before acceptance occurs, the buyer has few obligations and some very good remedies for any
non-conforming items it receives, including the right not to pay for those items not accepted and even
possibly cancelling the contract.
Second, after the acceptance the buyer has abandoned his right to reject the goods and the buyers
rights become more limited and its obligations increase. So ensure that you are very detailed in your
specifications about delivery.
The inspection and acceptance section, which is normally included in the SOW, should include the 5 Ws:
What is going to be inspected and accepted;
Where inspection and acceptance are to take place;
When inspection and acceptance are to take place;
Who will be responsible for the inspection and acceptance;
How the inspection and acceptance to occur
CONCLUSION
Contract Management & Administration can be fun when you really know what youre doing.
Understanding that the main objectives of contract management are a fair & reasonable price
for a high quality & on-time Scope of Work, you would ensure that the statement of work
(SOW) is clearly written & defined to support these objectives.
What we need to remember however, is that the contract administration process is as much as
the buyers responsibility as well as that of the supplier. A clear intent and desire from the
supplier to successfully perform the contract & the buyer to reward the supplier for that
performance will go a long way towards fulfilling the contract.
C O N T R AC T M A NAG E M E N T & A D M I N I ST R AT I O N G U I D E
The information in this quick guide is provided with the help of Robi Bendorf, CPSM, MCIPS,
C.P.M.
Part of the contents used in this guide, are taken from Robi Bendorfs comprehensive 2 days
program on Contract Administration: From Award to Completion. This 2 days training will
provide the many steps of contract administration from the time the award is made through to
the final acceptance, payment, and the contract close out so that you achieve the total
objectives of entering into the contract.
To get full information about this 2 days program as well as the venues where it is being held
email to [email protected]