Outlined below are a number of steps and related actions that can be useful in understanding the contract and used as a basis for developing an effective working relationship with the contractor.
• Analyse the contract and agree the contractor's understanding of the contract:
- identify deliverables and how their achievement will be measured
- ascertain timeframes, particularly any critical deadlines
- understand payment arrangements, including links between payments and performance
- identify the roles and responsibilities of both parties, allocate responsibilities within the acquiring entity, and
- confirm agreement with the contractor, especially in relation to any sensitive matters.
It may be necessary to meet with the contractor to address any issues the contract has specified require resolution during the operation of the contract. A typical example of such a provision is detailed development of the performance regime.
• Gain an understanding of the background to the contract and the relationship that has been developed with the contractor:
- discuss the relationship that has developed with the contractor over the preceding phases of the contracting cycle, and
- meet with the contractor, as necessary, to further develop the relationship and address issues that may impinge on effective contract management.
• Establish any required systems for monitoring and reporting, protocols for communication and recordkeeping arrangements:
- establish contract management or data collection systems or processes
- draw up a monitoring plan or checklist covering key timelines, critical deliverables and performance reporting priorities
- develop any procedures or protocols, and
- establish recordkeeping arrangements.
• Obtain or confirm any insurances, indemnities and deeds or licences in relation to intellectual property that have not already been obtained:
- ensure that relevant confirmation has been obtained
- confirm all documentation is up-to-date, and
- store evidence of these matters appropriately.
• Brief any team members or stakeholders:
- set out meeting arrangements for the life of the contract
- confirm stakeholder involvement and their requirements for information
- set up and/or brief any committees or working groups, and
- brief any members of the contract management team regarding their roles and responsibilities.