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LATEST FROM THE IACCM NETWORK

Estoppel

Hi, could anyone help me on the definition of Estoppel?

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Contract Automation and CMS Implementation - how to avoid the pitfalls and what to consider when selecting a vendor

Hello. I am wondering if any members have read the 'Automation: Essential Insights for Contract Management' Report and if so, does it address what to consider or pitfalls? My company is looking to implement a new CMS solution and will need to have current hard copies scanned into OCR format. Several people we have talked to have used software to get ocr and metadata and others have used companies; we are not sure what route to take. Also, what do we need to think about when ascertaining whether to have a third party technology implementation partner and a third party business implementation partner...we only have one chance to get set up correct. Thanks

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Diminishing Reward

Have members noticed decline in remuneration packages in the UK and Europe? There seems to be a distinct trend in recruitment to aggrandise job titles. Data input and procurement clerks are now being termed "Contract Managers". Further, certain major employers (esp in renewables) are holding down remuneration by stating "...offering i.r.o. 35k" for complex, multi million dollar, senior contracts management positions and rejecting any professional looking for a respectable reward.

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Default Contractual acceptance of a proposal

Is it standard practice to have a default in a contract that a proposal shall be deemed by the Parties to have been accepted if no acceptance or rejection is provided within an agreed timescale?

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Imminent Contract Execution with insufficient escalation costs and time baseline - what should l do as the Contract Manager?

We are nearing the end of the bid period for a major alliance project, and it would now appear that there is a high likelihood of the project requiring an additional 6 to 12 months to deliver based upon their project directors opinion. In addition, the escalation cost built into the bid appears low and I know that considerable portions of our costs are escalating at 4% to 5% per annum. Our bid team advised that the escalation costs were calculated by the other alliance partners. Our Project Director wants to submit the bid as presented for Board endorsement and doesn't want to delay commencement of the project. Any advice would be greatly appreciated.......

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Enterprise CLM Solutions - Possible Assessment criteria

Hi Everyone, My team is in the beginning phases of looking at an enterprise CLM solution. Many of the assessment matrices I've been able to find seem too truncated (are outdated) to assess proposed innovative enterprise CLM solution. Does anyone have any guidance/ proposed criteria/ best practices that I could use to supplement what we have now? Thank you!

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"Willful Misconduct" and "Gross Negligence"-Upstream Oilfield Service Contract

Please suggest standard definitions of "Willful Misconduct" and "Gross Negligence" for an upstream oilfield Service Contract? The requirement is to cover the best possible potential risks.

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Provisions for Non-disclosure agreements

In the case of NDAs is it appropriate to carve out consequential losses? In my opinion, any breach of NDA will lead to consequential losses. For example in a pre-award stage, if the NDA is breached by subcontractors by leaking information and as a result with the tender is lost, can it be termed consequential loss and be exempted from remedy? Any thoughts will be appreciated

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Sub Contract Programme Management

Hi - I work for a global Aerospace & Defence company and am based in the UK. We have found it very difficult to source Sub Contract Programme Managers; we are now going to grow our own. Is this capability recognised out there? Do others find it almost impossible to source? What providers can you recommend to lead the development of our strategy and training content? Is IACCM seen as the appropriate professional institution, or is APM / RICS / CIPS a better partner professional organisation? Thanks, David

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Acquisition of Companies

Hi All, I'm interested to know what steps you take when a company notifies you of an acquisition? We get a lot of requests to move the contract and invoices to new entity since the existing contract holder is no longer in a position to pay for services (been absorbed / no longer trading under contracted name). We do our checks to make sure it's a legitimate request so I understand the need to transfer the contract but is there a standard way of dealing with these types of requests to avoid potential risks? I know a novation would not be appropriate as we would be unable to obtain Director signature of a company that no longer exists. What other methods are available? Thanks!

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On boarding of vendors for As a Service offering

Hi There, does anyone have a governance /framework for on boarding "as a service" vendors ? What stand outs that are different compared to the "normal" vendor on boarding.? What if there are a number vendors services in the one particular "As a service" offering ? How is this handled for onboarding? How does this differ from Service integration and Management (SIAM) from a vendor management perspective? Any feedback would be appreciated

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