procurement templates

Contract Management Guide

This contract management guide is used as a practical resource to assist with contract management activities.

Contract management is important post contract award to systematically maximise the expected benefits of the contract and to ensure that operations are getting what they expect to receive whilst minimising risk.

Good contract management means we can achieve the following:

  • Value for money is achieved
  • The supplier is responsive
  • The organisation understands what the contract will deliver and also understands its obligations
  • Disputes are managed and minimised
  • There are no surprises
  • Service review meetings
  • Demonstrable efficiencies
  • Appropriate risk assessment

If the contract changes during the term consider the implications:

  • Has the scope changed? Is this material?
  • Does the change increase or decrease the cost of the contract?
  • Are there any legal ramifications?
  • Do CCN variations require negotiation?

Typically you might track:

  • The balance between cost and VFM
  • Supplier performance versus customer perception
  • Delivery metrics
  • Benefits realised
  • Relationship
  • Responsiveness
  • Continuous improvement

When you implement KPI’s it’s important to not over specify just for the sake of it. Ask yourself what’s actually important to measure, to allow suppliers the opportunity to concentrate on providing a solid service.

Building a relationship

People are more likely to be responsive and go the extra mile if a good relationship is in place. There may be certain situations where the carrot or stick approach is more suitable but think about the following:

  • Are you moving straight to a specific clause in a contract on page X to over come problems. If you do this too frequently it will undermine the effect when its really needed and will most likely affect the relationship;
  • Is the cultural outlook of both organisations aligned, if not are the differences understood, what can you do differently to mitigate misunderstanding;
  • Are suppliers responsive when discussing cost reduction exercises, can VFM be achieved in any other ways;
  • Are appropriate governance and escalation steps in place;
  • Have you clearly defined roles and responsibilities;
  • Are strategic matters separated from daily tactical operations
  • Are communications clear and do they flow both ways?

Managing risk in the contract

  • Capacity, changes in demand
  • reduction in demand- request for higher pricing from the supplier
  • Delays
  • Staff changes
  • Quality issues
  • Force Majeure
  • Global crisis

Exit Plan

When its time to terminate or to end the contract naturally you may require an exit plan.

  • Check all paperwork is in place
  • Check if any outstanding payments are to be made
  • Are all of the goods/ services delivered satisfactorily
  • Are guarantees or warranties in place as required
  • Are there any ongoing contractual obligations
  • Are there material reconciliations that need to be made
  • Is support being provided to onboard a new supplier
  • Is there a retention of records policy in place
  • Is the supplier providing the appropriate assistance to bring things to an appropriate end

Skills framework

BasicSeasonedExpert
Business Case development and ability to read and understand the requirementsInput and collaboration Input’s shapes and development of business case to meet organisation objectives
Input into contract management processDevelops contract management deliverables and technical framework. Work with stakeholdersLeads on implementing the contract management framework. Can recognise gaps, risk and challenges and the contractual consequences
Run a lessons learned exerciseRun a lessons learned exercise and use this information to incorporate into procurement and provide feedback for improvementsIdentifies and shares lessons learned exercises across the business to develop organisation best practice for all contracts and projects. Use the information to help shape procurement projects and policy.
Use data to support the contract management processUse data and work with the stakeholders to design and review KPI’S as part of the contract management processUses expertise to design KPI’s to future manage risk before they become an issue. Manage KPI’s to maximise the contract value and benefits realisation
Seeks to understand the market landscapeProactively uses market insight and awareness to make commercial decisionsTakes on broader PESTLE factors and market conditions to make informed commercial decisions
Able to act act efficiently and within the governance structures Develops and contributes to governance structuresAdvises and sits on project governance groups
Reviews contracts and has a basic understanding on how to mark upPrepare a mark up a contract including ability to assess contractual risk Fully comfortable with reviewing contracts and negotiating with legal or other commercial counterparts
Identifies and benchmark savingsUses benchmark information to measure both performance and savings targetsProvide devolved benchmarking advice for the business to self service. Provide appropriate training
Commercial StrategyContract Approach Contract Lifecycle
Develop strategyEnsure shared understanding Plan for uncertainties
Commercial CapabilityUnderstand risksWork toward business as usual requirements
Tailor capability to risks and opportunitiesDesign performance measures that work Transition and Termination
Clarify commercial and operational balanceContract Management Think about contract end up front
Maintain organisational capabilityManage your own obligationsAllow time to consider potential end of contract
Maintain Management & Sourcing Know what your suppliers are doing
Be an attentive client Show what you care about
Be an intelligent client Understand suppliers motivation
Properly evaluate bids
Keep up competitive tension

Check out other resources on contract management