This is base on the first assignment information and the teacher feedback to go on.They also need to do as the template
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 brief 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 Manager Contract Number 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 Contractor Document Version Control Version date and number Author 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 Order 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 arrangements. Include any unit price breakdown. 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 breakdown 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 Insurer Policy No. Insured Amount Expiry Date Exclusions The Contract Manager should ensure the above insurances are valid and in accordance with Contract requirements. Warranties Insert your conditions of warranties 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 referred 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 Register 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, Kerrie-Anne Sommerfeld, Rubric Training Solutions. These materials may not be used or significantly modified without a written license agreement from Kerrie-Anne Sommerfeld1 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