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Contract management frameworkOffice of the Chief Advisor - Procurement

Contract management frameworkContract management frameworkv1.5 July 2019The State of Queensland (Department of Housing and Public Works) d.enThis work is licensed under a Creative Commons Attribution 4.0 Australia Licence. You are free to copy,communicate and adapt this work, as long as you attribute by citing ‘Contract management framework, State ofQueensland (Department of Housing and Public Works) 2019’.Contact usThe Office of the Chief Advisor – Procurement is committed to continuous improvement. If you have any suggestionsabout how we can improve this guide, or if you have any questions, contact us atbetterprocurement@hpw.qld.gov.au.DisclaimerThis document is intended as a guide only for the internal use and benefit of government agencies. It may not berelied on by any other party. It should be read in conjunction with the Queensland Procurement Policy, your agency’sprocurement policies and procedures, and any other relevant documents.The Department of Housing and Public Works disclaims all liability that may arise from the use of this document. Thisguide should not be used as a substitute for obtaining appropriate probity and legal advice as may be required. Inpreparing this document, reasonable efforts have been made to use accurate and current information. It should benoted that information may have changed since the publication of this document. Where errors or inaccuracies arebrought to the attention of the Department of Housing and Public Works, a reasonable effort will be made to correctthem.Office of the Chief Advisor – ProcurementPage 2 of 28

Contract management frameworkTable of contentsIntroduction . 5Purpose . 5Scope . 6Contract management planning starts before a contract is signed6Scope of the Contract management framework6Who does the Contract management framework apply to?6Roles and responsibilities . 7Phases and key steps to contract management . 7Phase 1 – Contract set-up . 9Summary9Step 1.1 – Contract hand-over10Step 1.2 – Classify the contract using value/risk assessment11Step 1.3 – Confirm contract management roles12Step 1.4 – Finalise the contract management plan12Step 1.5 – Set-up information management13Step 1.6 – Conduct kick-off meeting14Phase 2 – Contract management . 15Summary15Step 2.1 – Manage performance (establish KPIs)16Step 2.1 – Manage performance (reviewing performance measures)16Step 2.1 – Manage performance (monitoring)17Step 2.1 – Managing underperformance19Step 2.2 – Contract administration (records management)20Step 2.2 – Contract administration (financial administration)20Step 2.2 – Contract administration (risk management)21Step 2.3 – Manage complaints/disputes21Step 2.4 – Manage contract extension, renewal or variation22Phase 3 – Contract close-out . 24Summary24Step 3.1 – Final performance review24Step 3.2 – Lessons learned25Step 3.2 – Contract close-out (managing warranties/defects)25Office of the Chief Advisor – ProcurementPage 3 of 28

Contract management frameworkStep 3.2 – Contract close-out (managing transition)26Step 3.2 – Contract close-out (finalising contract)26Appendix A – Contract management planning . 27Appendix B – RACI . 28Office of the Chief Advisor – ProcurementPage 4 of 28

Contract management frameworkIntroductionThis framework provides a guide to the contract management process as well as tools andtemplates to assist you in effectively managing contracts.The contract management framework describes the required responsibilities associated with thethree major phases involved in the contract management lifecycle.Phase 1 – Contract set-upHow to initiate and plan the contract management process.Phase 2 – Contract managementHow to administer and manage contracts.Phase 3 – Contract close-outHow to close and transition contracts.Within each phase, there are a number of key activities to beperformed. Depending on how the contract is classified basedon value and risk, the activities, focus and amount of effortrequired can vary.Figure 1 - Contract managementframeworkThe effective management of contracts with suppliers is critical to Queensland Governmentmaximising benefits from procurement. These benefits are summarised below.Benefits of contract managementValue for money Enable savings opportunities identified during the procurement or contractmanagement process Enable further benefits through ongoing performance reviews, serviceimprovements, supply chain improvements, innovation, etcRisk management Reduce contractual risks through the robust contract management practicesEnd-user outcomes Maximise outcomes to end-users/customers by managing supplierperformance, maintaining quality, improving productivity and identifyingopportunities for improvement and innovationPurposeThe purpose of the contract management framework is to provide a clear and standardisedapproach to managing and administering contracts for goods and services purchased fromsuppliers.The main objective of contract management is to ensure commitments and obligations from buyersand suppliers are effectively met, by delivering value for money outcomes and managing inherentrisk.Office of the Chief Advisor – ProcurementPage 5 of 28

Contract management frameworkScopeContract management planning starts before a contract is signedActivities performed prior to contract award have strong impact on the contract managementprocess. Ensuring that key requirements are fulfilled before the contract starts is fundamental foreffective contract management. These requirements are as follows: contract terms and conditions developed and agreed by all parties performance management activities and reporting agreed contract owner appointed contract management plan implemented.Although these activities are outside the scope of the contract management framework they mustbe aligned with the contract management activities. For more information about how categorymanagement planning and strategic sourcing impact contract management, refer to Appendix A.Scope of the Contract management frameworkThis document focuses on contract management related to post-award activities, e.g. once acontract has been established through the strategic sourcing process (Figure 2).Figure 2 - Strategic sourcing and contract management integrationThe document does not cover: pre-award activities – strategic sourcing, contract negotiation, contract development andcontract award (refer to strategic sourcing process) purchase to pay – process to raise requisitions, purchase orders and process payments.Who does the Contract management framework apply to?The contract management framework applies to all Queensland Government personnel andcontractors that are involved in the management of supplier contracts (including standing offerarrangements) on behalf of Queensland Government.Office of the Chief Advisor – ProcurementPage 6 of 28

Contract management frameworkRoles and responsibilitiesThere are three essential roles for managing contracts effectively. Each role draws on a range ofskill sets. These roles may be assigned to current employees or contractors with the correct skillsand delegations of authority. Where necessary, the same person could be delegated to one, two orall of the roles described below:Roles and responsibilitiesContract owner(CO) Person accountable for the budget/cost centre that funds the contract Employee with delegation to approve contract payments and variations Appoint contract management roles Recommended to be a senior employee from the business who is impacted bythe contract outcomesContract manager(CM) Manage contracts through post-award lifecycle as the single point of contact forsuppliers on all contract matters Monitor contract performance and compliance Recommended to be a representative within the business unit with the relevantcommercial skillsContractadministrator(CA) Perform administrative activities over the contract management lifecycle (e.g.information management, cost control, etc.) Recommended to be a representative from the procurement team (local,regional or state-wide)For more detailed information about roles and responsibilities throughout the contract managementlifecycle, refer to the RACI table in Appendix BPhases and key steps to contract managementThe following table summarises the key steps in each phase of contract management. It showshow the approach to each step can vary, depending on whether the contract is classified (based onvalue and risk) as ‘routine’, ‘strategic’ or ‘leveraged/focused’ (see Step 1.2 for further informationabout these contract classifications).This value/risk approach to contract management recognises (for example), that strategic contractswhich are high risk and high value require a lot more rigour, and experienced resources, tomanage than a routine contract.Office of the Chief Advisor – ProcurementPage 7 of 28

Contract management frameworkContract classificationPhasePhase 1Contractset-upPhase 2ContractmanagementPhase 3Contractclose-outRoutineLeveraged orfocusedStrategic1.1 Contract hand-overRequiredRequiredRequired1.2 Classify contract based onvalue and riskRequiredRequiredRequired1.3 Confirm contract management rolesRequiredRequiredRequired1.4 Finalise contract management plan(CMP)Required(Checklist only)Required(CMP)Required(CMP)1.5 Set-up information managementstructureRecommendedRequiredRequired1.6 Conduct kick-off meetingOptionalRecommendedRequired2.1 Manage performanceRecommendedRequiredRequired2.2 Contract administrationRecommendedRequiredRequired2.3 Manage complaintsRequiredRequiredRequired2.4 Manage edRequired3.1 Final performance reviewOptionalRecommendedRequired3.2 Lessons learnedOptionalRecommendedRecommended3.3 Contract ed – the activity must be performed for the contract.Recommended – the activity is recommended but it is not mandatory.Optional – optional activities where judgment should be applied for weighing up the effort requiredwith the potential benefits of the step.Office of the Chief Advisor – ProcurementPage 8 of 28

Phase 1 – Contract set-upContractManagementContract management frameworkPhase 1 – Contract set-upSummaryThe contract set-up defines the plan, roles and responsibilities for managing a contract. This stepallows the contract manager to agree upfront the key roles and management activities of thecontract during its lifecycle.Phase 1 – Contract set up summaryWhy is contract set-upimportant? To define clear roles and responsibilities for managing the contract To classify the contract depending on its value and risks To define and agree the necessary activities for managing the contractWhat does contractset-up deliver? Clear contract management roles and responsibilities Effective contract management plan Information management structure Contract kick-off meetingWhat are the risks if thecontract set-up is notperformed? Lack of accountability on contract management activities Ineffective allocation of contract management resources to relevantcontracts, without proper consideration of value and risk Failures on contract delivery due to poor planningThe following tools and templates are provided to assist with performing steps in Phase 1.Phase 1 – Contract set up tools and templatesValue/risk assessmentClassify a contract (as either routine, focused or strategic) based onvalue and riskContract managementchecklistSuitable for routine contracts – a brief summary of key informationrelevant to contract managementContract management planDefine the key activities and responsibilities for managing thecontractContract kick-off meetingtemplateA guide for the contract kick-off meeting

Phase 1 – Contract set-upContractManagementContract management frameworkStep 1.1 – Contract hand-overPerson responsible:Sourcing leadWhen the sourcing process ends, the sourcing lead must conduct a handover meeting of thesigned contract to the contract manager. This includes the following: request contract owner to appoint a contract manager for the contract (if one has not beenappointed already) review and document scope and expected outcomes for the contract ensure the contract is registered in the contract management system (e.g. QContracts) hand-over key contractual documents to the contract manager (as per the following table).Step 1.1 Contract hand-over documentsSigned contract(hard copy and electronic format)Health and safety requirements (summary where applicable)(electronic format sufficient)Supplier proposal(electronic format sufficient)Draft Contract management checklist orContract management plan including details of:(electronic format sufficient) Contract classification based on value/riskContract scope and objectivesExpected deliverables and milestonesPayment termsInsurance and securities provided KPIs and performance measures/service levels (where applicable)Risk assessment (if previously conducted)(electronic format sufficient)Contract implementation plan (if applicable)(electronic format sufficient)Documentation confirming contract award(hard copy and electronic format)Certificates of currency of insurances(electronic format sufficient)Any other documents (e.g. securities such as bank guarantees etc.) (hard copy and electronic format)Hard copies are also required for some documents. The above documents should also be savedin electronic form (preferably in in the contract management system). Handover can occur by thesourcing lead physically handing over hard copies, and providing instructions on where to locatedocuments in electronic format.Office of the Chief Advisor – ProcurementPage 10 of 28

Phase 1 – Contract set-upContractManagementContract management frameworkStep 1.2 – Classify the contract using value/risk assessmentPerson responsible:Sourcing leadClassifying contracts based on their value and risk will help contract managers to identify the keyactivities to focus on for a particular contract. The sourcing lead must complete a value/riskassessment to classify the contract based on its value and risk/strategic importance forQueensland Government. It is recommended that the Value riskmatrix is used for this purpose (Figure 3).This will help the sourcing lead identify whether a contractmanagement checklist, or contract management plan is requiredfor the contract. Where a contract management plan is required,understanding the value/risk assessment of the contract willinform the approach to contract management, with areas of focusto be captured in the draft contract management plan.A copy of the value/risk assessment for the contract should bekept with the contract records (or as part of the contractmanagement plan).Figure 3 – Value/risk assessmentContracts can be classified as either routine, leveraged, focused or strategic.Step 1.2 – Classifying contracts based on value/risk assessmentRoutine Low value, low risk contracts. Usually transactional in nature. A ‘lighttouch’ approach is recommended (i.e. doing the minimum)Leveragedor focused ‘Leveraged’ and ‘focused’ contracts cover any contract that is notclassified as ‘routine’ or ‘strategic’. They are usually either of highervalue, or higher risk than routine contracts. These contracts will require acontract management plan, but judgment can be exercised as to whichaspects of the contract require more focused management. For example:- the priority for managing contracts that are high risk will be to focuson contract management activities that will help minimise risk (e.g.closely monitoring performance against KPIs, regular reporting andmeetings with the supplier etc. to pro-actively address any issuesabout performance)- for contracts that are high value (but low risk), the focus will be onhow to leverage the value as much as possible (e.g. monitoringspend, leakage, application of rebates, volume discounts etc)Strategic Strategic contracts are high value and high risk to the organisation. Thesecontracts require the most amount of rigour and attention to manage thecontract. Experienced contract managers should be allocated to thesecontracts. Detailed contract management plans are requiredHigh value, high risk contracts will require significant effort to manage, while others may onlyrequire a ‘light touch’ approach where selected activities are performed.Office of the Chief Advisor – ProcurementPage 11 of 28

Phase 1 – Contract set-upContractManagementContract management frameworkStep 1.3 – Confirm contract management rolesPerson responsible:Contract owner (CO)The contract owner must assign the personnel that will be responsible for the contractmanagement roles – contract owner, contract manager and contract administrator (Figure 4). Inaddition, they must ensure that the people assigned understand their respective roles andresponsibilities (refer to Appendix B – RACI for details of the key roles and responsibilities).It’s important that the right people are assigned to the right roles. In order to ensure effective teamperformance, consider the following when selecting a contract management team: do you need someone with specialist skills and experience to manage the contract (e.g. tomanage strategic contracts)? You may need to look outside of your organisation for thisexpertise do the people have the required experience, knowledge and authority for the role given thecontract classification and risk profile? do they have enough time to undertake this role? can one person assume multiple roles? are they willing to take accountability for this role?Figure 4 - Contract governanceStep 1.4 – Finalise the contract management planPerson responsible:Contract manager (CM)A contract management plan (CMP) contains key information about how a contract will bemanaged. It establishes systems and processes to ensure that the supplier and QueenslandGovernment complies with the terms and conditions during the life of the contract. It alsoestablishes a framework against which the performance of both parties can be monitored andproblems easily identified – either before or as they occur.A draft of the CMP should have been developed during the sourcing process by the sourcing lead.Throughout the sourcing process, the sourcing lead will gain valuable information about thearrangements under the contract that will be important to reflect in the contract management plan,such as: detailed knowledge of the goods/services purchased under the contract and the objectivesof both partiesOffice of the Chief Advisor – ProcurementPage 12 of 28

Phase 1 – Contract set-upContractManagementContract management framework issues raised by the supplier that were negotiated as part of the contract performance measures and governance frameworks developed and agreed with thesupplier any risks that were identified (relating to either the goods/services purchased or thesupplier) that need to be managed under the contract any savings or benefits that are expected to be achieved under the contract that need to bemonitored and managed.The contract manager is responsible for finalising the CMP during the contract set-up step.For routine contracts, a Contract management checklist can be completed instead of a detailedCMP. For all other contracts, a Contract management plan throughout the term of the contract.Step 1.5 – Set-up information managementPerson responsible:Contract administrator (CA)The contract administrator must establish a contract information record structure (Figure 5) in theContract Management System with the correct access controls. The contract administrator mustensure the following documentation is complete and in place: signed contract (physical paper copy and electronic copy)approved bank guarantees (physical paper copy and electronic copy where applicable)certificates of currency of insurances (where applicable)scope of work (if separate to the signed contract)supplier proposal /tender response (where applicable)tender documents issued by Queensland Government (where applicable)contract management plan or contract management checklist.Figure 5 - Recommended contract information record structureOffice of the Chief Advisor – ProcurementPage 13 of 28

Phase 1 – Contract set-upContractManagementContract management frameworkStep 1.6 – Conduct kick-off meetingPerson responsible:Contract manager (CM)Kick-off meetings are a good way to start a relationship with a supplier. The contract managershould organise the kick-off meeting as soon as practically possible after the contract award. Somecontracts (e.g. routine contracts) don’t warrant having a kick-off meeting. Exercise judgment as towhen a kick-off meeting will be a worthwhile use of time, depending on the contract.The contract manager and supplier representative must attend the kick-off meeting. Any keystakeholders, (such as the main customers/biggest buyers of the goods/services, or otherstakeholders directly impacted by the contract) should also attend.The purpose of the meeting is to: ensure ‘everyone is on the same page’ in regards to the contract objectives andexpectations of both parties establish and agree communication, reporting, delegation of authorities, performancemeasurement, operational and commercial issues, and escalation pathways under thecontract.The contract manager is responsible for conducting the kick-off meeting, taking minutes anddistributing the completed minutes to all parties. The contract manager can delegate the task ofrecording and distributing minutes to the contract administrator in some circumstances.Use the Contract kick-off meeting template for guidance.Office of the Chief Advisor – ProcurementPage 14 of 28

Phase 2 – Contract managementContractManagementContract management frameworkPhase 2 – Contract managementSummaryContract management is the key step to manage the contract in order to successfully deliver thegoods/services at the agreed level and costs, to the agreed timeframe, with minimal risks.Phase 2 – Contract management summaryWhy is contractmanagementimportant?What does contractmanagement deliver?What are the risks ifthe contractmanagement is notperformed? To effectively deliver contracted goods/services at agreed levels To ensure ongoing contract compliance and performance To maintain relationship with suppliers without formal mediation or litigation To effectively deliver contracts at or under agreed costs/rates Enables Queensland Government to enforce and fulfil the contractualobligations of the supplier and buyer Correct reporting to key stakeholders Mechanisms to establish changes to the contract and resolve disputes Disruption of supply of goods or services Increasing disputes and contract issues Queensland Government may be exposed to potential claims Issues can be escalated to the wrong individuals and/or at the wrong timeplacing an unnecessary burden on management Reputational damage for Queensland Government and the supplier Value for money is not maximised Forecast savings are not realisedThe following tools and templates are provided to assist with performing steps in Phase 2:Phase 2 – Contract management tools and templatesContract performance reviewmeeting templateSupport the contract manager to conduct and document acontract performance review meetingRisk register templateRecord and maintain a single repository for contract risksChecklist for contractextensions/renewalsRecord the value for money assessment of a contract extensionor renewal (suitable for routine contracts)Contract review reportRecord the analysis performed and recommendation to extend orrenew a contract, or transition to other suppliers

Phase 2 – Contract managementContractManagementContract management frameworkStep 2.1 – Manage performance (establish KPIs)Person responsible:Sourcing lead & contract manager (CM)Implementing performance management activities is a fundamental element for delivering theexpected value from contracts. Improving the process for capturing and reporting relevantperformance metrics will deliver greater value for Queensland Government.The KPIs to be measured in the contract should be identified in the sourcing step, before thecontract is signed. Both parties will need to agree: what KPIs will be measured, how they will bemeasured, who is responsible for tracking performance and how frequently. This should beincorporated into the contract.As part of the contract management plan development, the contract manager will need todetermine if any additional measures are necessary to track performance.Key components of an effective performance management approach are: development of appropriate/effective KPIs aligned with contract objectives setting up clear/suitable targets defining the monitoring and reporting processes.Example of KPIsQualityLevel of quality of the goods/ services deliveredOutputsTotal output delivered by the supplier to deliver the contractProductivityMeasures the output produced/delivered per unit of input (e.g. number ofservices performed per day/week)CostTotal cost incurred to deliver a good/serviceSavingsTotal savings delivered by the supplier to deliver the contractResponsivenessLead-time to respond to requestsCustomer delivery% of orders delivered on timeThe Contract KPIs development template is recommended for developing contract KPIs.Step 2.1 – Manage performance (reviewing performance measures)Person responsible:Contract manager (CM)Over time the contract manager should review the validity of performance measures from acontract. Performance measures may require updating due to a number of reasons, for example: a greater understanding of how the contract works significant organisational change from either parties to the contract a change in Government (including direction and focus) modification or introduction of new legislation or government policy.Office of the Chief Advisor – ProcurementPage 16 of 28

Phase 2 – Contract managementContractManagementContract management frameworkThe contract manager should conduct periodic reviews of contract performance measures takinginto consideration the following key factors: can the key performance indicators be objectively measured? If not, can the contract bevaried to ensure performance is measurable? are the measurements ‘SMART’ – Specific, Measurable, Actionable, Realistic and Timebased? does the performance process drive better contract outcomes, or is it performancemanagement for performance management sake? is the data readily available or will additional methods need to be implemented? if there are instances of underperformance, is there an agreed process for addressing thepoor performance, or escalating continued performance issues?If necessary amend the current contract through the contract variation process to include theupdated KPIs.Step 2.1 – Manage performance (monitoring)Person responsible:Contract manager (CM)The contract manager should collect performance data based on KPIs in the agreement andcontract management plan. The contract manager should receive regular contract performancereports from suppliers in accordance with the contract obligations. Obtaining regular feedback fromsuppliers about any concerns they have regarding stakeholder behaviour will help earlyidentification of any internal issues that might be impacting the supplier’s performance, or ability toprovide the best quality of service.Key contract stakeholders need to be aware of the contract deliverables and KPIs, in order toprovide feedback on a regular basis.The contract manager should establish a reporting process that is appropriate for the contractbased on its value and risk. See example below for guidance:Performance monitoring - reportingRoutine contractsLeveraged orFocused contractsStrategic contractsEstablish contractreporting processOptionalRequiredRequiredFrequencyBy exceptionQuarterlyMonthly / Bi-monthlyAudience Key users Supplier Contract owner Supplier Contract users Contract owner Supplier Contract usersIn addition, the contract manager, with support of the contract administrator, should conductregular contract performance reviews. Guidelines for these meetings (informal and formal) areshown below.Office of the Chief Advisor – ProcurementPage 17 of 28

Phase 2 – Contract managementContractManagementContract management frameworkMeetings to review contract performanceRoutine contractsLeveraged orfocused contractsStrategic contractsInformal reviewmeetingsAs requiredRecommended quarterlyRecommended monthlyFormal reviewmeetingsOptionalRequiredBi-annually or annuallyRequiredQuarterly or bi-annually Recommendedattendees Contract manager Key users (optional) SupplierContract managerContract administratorKey usersSupplierContract ownerContract managerContract administratorKey usersSupplierThe re

The contract management framework describes the required responsibilities associated with the three major phases involved in the contract management lifecycle. Phase 1 - Contract set-up How to initiate and plan the contract management process. Phase 2 - Contract management How to administer and manage contracts. Phase 3 - Contract close-out

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