Contract management policy

Policy

Intent and objectives

To establish sound and consistent management practices with respect to University contracts.

Objectives

To ensure that:

the University enters into and manages contracts in a manner which facilitates University business and minimises risk;
University staff understand the University’s responsibilities under a contract;
obligations under a contract are performed; and
the University receives the benefit of the contract

Scope

All contracts and other documents which create legally binding obligations on the University including, but not limited to, supply and procurement contracts. This Policy will apply to a contract until contractual obligations have concluded.

Exclusions

Employment contracts

Non-binding memoranda of understanding

Policy provisions

Appointment of Contract Manager

1. A Contract Manager shall be appointed in respect of a University contract covered by this Policy. The Contract Manager will oversee and take responsibility for the negotiation of the contract, performance by the University of its obligations under the contract and transition from the contract upon termination or expiry.

2. Where a contract is likely to be performed over a number of distinct phases or stages, a different Contract Manager may be appointed for each phase or stage. A Contract shall not have more than one Contract Manager at any given time during the term of that contract.

3. The Contract Manager should be a staff member closely connected with the University project the subject of the relevant contract, with appropriate skill and experience to carry out his or her responsibility as Contract Manager.

4. If a Contract Manager is not appointed, then the signatory to the contract becomes the Contract Manager for the purposes of this Policy.

5. The Contract Manager may delegate or assign to another staff member particular functions or obligations, but remains responsible as Contract Manager under this Policy and the Procedure. The right to delegate or assign functions or obligations does not confer upon the Contract Manager any greater rights than the Contract Manager may have under the Delegations Policy,

Pre-contractual

The Contract Manager shall take responsibility for:-

Negotiation of the contract on behalf of the University.
Assessment of risk.
Obtaining legal and financial advice where necessary.
Acquainting himself/herself with the University’s obligations under the contract.
Provision of sign-off to the authorised University signatory or University Secretary (where the common seal is to be affixed).
Ensuring that the contract and contractual details are filed in relevant University repositories in accordance with the Records and Document Management Policy.

Contract Period

The Contract Manager shall be responsible for:

Ensuring that the University performs its obligations under the contract.
Monitoring performance by the other party(ies) of its/their performance under the contract.

Contract termination/expiry

The Contract Manager shall:

Take appropriate action to protect the University’s interest in the event of contractual default by the other party(ies)
Take appropriate internal remediation steps where the University is in breach of its contractual obligations.
Take a leadership role in dispute resolution.
Take effective steps to ensure that the contract is properly finalised or extended where necessary.

Contract management policy

Supporting documents and information

Supporting procedures and guidelines

Contract management policy

Definitions

Contract - includes an agreement, exchange of letters, heads of agreement, binding memorandum of understanding, response to tender, grant application, trust deed and any other document which creates or which may create legally binding obligations on the University.

Contract management policy

Accountability

Revision number	V 1.0	Accountability	Vice-President Resources
Document ref	POL/2010/00035	Operational responsibility
Date approved	1 April 2010	Last reviewed
Approval authority	Vice-Chancellor	Next review	30 April 2015

Commencement date

30 April 2010

Interpretation and advice

Legal Services Group

Implementation

General Counsel