However, if the project scope is not fixed and is exploratory, you should choose the Cost Reimbursable contract. In short, the manager needs to know the universally applied fundamentals of contract and procurement management that apply the world over and when and how to get the legal department involved.
Another drawback of a Firm Fixed-Price contract is possible disputes between the buyer and the seller if the scope is not clear. It is not necessary for the manager to become a lawyer, nor even an expert in laws of his or her own country.
There are nine key areas which should be checked: The seller has to complete the job forUSD within 18 months. Legal responsibility is good news for procurement managers, too.
In this contract, since the buyer pays for all cost, he bears the risk. But if you make yourself aware of procurement laws and case precedents, you can take actions that prevent you being on the receiving end of a claim. How can you be sure that they have imposed similar terms on their sub-contractor.
In a world of joint ventures, partnerships, contractors and sub-contractors, it may not be clear exactly with whom you have a contract. Good contracting is fundamental to any healthy 21st century business — and it requires a new breed of contract managers who are commited to professionalism.
You must ensure that you take all appropriate measures to prevent, identify and remedy conflicts of interest and include measures to combat fraud through the life of the contract.
So what has changed in the last years. Any cost increase due to bad performance of the seller will be the responsibility of the seller, who is contractually bound to complete the job within the agreed amount. Life has become easier for organizations because of procurement.
Companies can no longer do everything for themselves, or afford to do so, and almost, if not all, major companies depend on a wide range of suppliers for services and materials.
Contract Management for Joint Procurements If you are entering into a joint procurement exercise with one or more public sector organisations you will have already agreed the legal status of and requirements of such an exercise.
Gone are the days when organizations did every process they needed. If the scope of work is well defined and fixed, you should go for a Fixed-Price contract. This may be achieved partly by assigning liability within the contract, but is more commonly achieved by the choice of pricing mechanism for example lump-sum, cost-re-imbursement or a variation.
Some transactions could be illegal if structured in a certain manner. The Importance Of The Role The original article highlighted the extent to which a global networked economy had elevated the role of contract management within high-performance organizations.
Although procurement laws may seem like annoying obstacles, laws like The Agreement on Internal Trade were enacted to prevent discrimination based on province of origin.
These laws also exist to ensure an open, fair, and competitive procurement process. Who paid for the helicopter. So the role of a contract manager has been made substantially more important — and more strategic — as a result of the economic crisis.
The Contracting parties must be understood. Start your exploration of the world of contracting by focusing on the universally applied fundamentals that work in any region of the world first. As a project manager, you must understand the procurement concepts, regardless of whether you are a buyer or a seller.
Expending the effort to do the hard work early establishes the foundation and documents what needs to happen so that if things go awry, you know what to do and how to resolve the issues. Why it is important for a procurement manager to understand contract formation?
Businesses depend on the subject matter expertise of their procurement manager. In order for any business to succeed, it is crucial for the procurement manager to thoroughly understand all aspects contract formation.
The use of contracts provides all stake holders the means to clearly articulate their.
The Role Of A Contract Manager – Revisited. April 14, It’s about C-level perception. A strong C-level who understand benefits of effective contract management, will support a structured contract management in both pre and post arenas.
The Contracts and Strategic Procurement Manager is responsible for formulation of contracts. Using the Webster library, locate and read an article on contracts. Based on your reading of the article, post a comment on why it is important for a procurement manager to understand contract formation.
Although I was unable to reference much details in the Webster University Library, I did find a lot of details on the Defense Acquisition. In short, the manager needs to know the universally applied fundamentals of contract and procurement management that apply the world over and when (and how) to get the legal department involved.
If a contract is set up and run correctly, there will be minimal need to get the lawyers involved. Procurement & Contract Manager Oct 15 JOB DESCRIPTION Procurement and Contract Manager Post Ref Reporting To Associate Director Finance Pay Band SEO Line Management, Accountable For N/A Budget Management N/A Job Purpose.
Procurement management training article explores the legal issues, contract law not just for lawyers, checking supplier terms and conditions and purchasing key issues knowledge purchaser. It is also important to understand some of the fundamental basics of contract.
For example, many people are still under the mistaken belief that a.Importancae for a procurement manager to understand contract formation