IACCM Template: Phase Completion Report
Published: 15 Dec 2015
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Author: IACCM
The contracting process involves a wide variety of activities and a large number of stakeholders. Ensuring speed and consistency is often a problem, but this can be tackled with the help of standard templates.
IACCM offers its members access to a wide range of standard templates which can be used as-is, or adapted to include elements specific to your company or organization.
IACCM's template for Post Award Phase Completion is enclosed. It is a sample template that can support consistency and operational diligence across the organization. It can be adapted for operational use. The templates are especially useful for small to medium sized companies and those who are looking for basic templates to support straightforward operations.
The full list of IACCM templates available for members follows:
- Action Notice Log
- Asset Register
- Budget Control
- Business Case
- Commercial Query Log
- Communication Log
- Contingency Plan
- Contract End Report
- Contract Initiation Document
- Contracts Register
- Contract Sign-off Form
- Contract Summary Form
- Contract Variation Sign-off
- CQ Log
- Exceptions Log
- Handover Document
- Issue Log
- Issue Resolution
- KPI Template
- Lessons Learned Log
- Opportunities Analysis
- Phase Completion Report
- Procurement Log
- Project Brief
- Project Mandate
- Project Plan
- Quality Defect Log
- Risk Register
- Stakeholder Analysis
- VFM
The full list of templates is found here on the enclosed link.
Coming soon! Complete Set of Templates and Interactive Tool!
For those searching for a more hands-on and interoperable answer please see IACCMs Post Award Contract Management Tool. This Tool is designed to provide support, assistance and guidance to those who are responsible for the management of contracts (post award). The process is designed to provide the contract manager (or the end user) with a highly visual and logical pathway through the phases of managing a contract, from handover to contract close out. The process has hyperlinks to all the key documents that are required at each stage of the contract life cycle. The document templates can be down loaded, completed and filed. No information about the contract is stored on the website. It also provides practical guidance and instructions at each the stage of the contract life cycle. In the additional resources section there are helpful guidance notes, web apps, templates and links to useful websites.
Usage: IACCM's sample templates are for guidance and adaption and do not replace professional or legal advice which should always be sought when necessary.
(c) 2015 IACCM. IACCM members are free to use and download this template on the condition that it is not used within commercial products. For more information please contact info@iaccm.com. IACCM gratefully acknowledges DPSS as supporting partner for the templates and the interactive Post Award Contract Management Tool.
Related Discussions
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• IACCM
•
2018-12-07 15:30:57
Interesting point, Michelle.
I´d strongly encourage you to raise this question also within the IACCM technology network, which is a micro-community, where you will be able to get insights to new trends in this specific field and where I am sure you´ll have the opportunity to share ideas regarding the topic you have brought:
www.iaccm.com/gp/technology
Also, please check our library: www.iaccm.com/resources/
where, you will find some articles about 'escrow agreements' for the software arena and other topics associated with risk management in the hardware world as well. By analogy you will explore ideas regarding hardware coming from best practices and escrow programs with the goal of risk mitigation
www.iaccm.com/resources/;
Best regards
Pablo
•
2018-12-29 21:07:59
Hi Michelle - saw your post. For hardware: having a refresh plan with your supplier following a bit of a mutual benchmark, to see how best to provision for your upcoming capacity needs, might give some assurance. For services or subscriptions-based tech: having a documented 'cookbook' of key players and tech needed to recreate the service, including a list of any solutions 'not commercially available' or not easily re-purchased in Canada updated, might also be helpful to gage the difficulty of transitioning off your current tech,if needs be.
Those two governance-type processes, along with the typical supplier obligation to reasonably cooperate with any successor and to provide some mutually-agreed orderly termination assistance, might serve you well (outside escrow for software). Hope that offers some ideas...good luck. Cheers, Robin
Replies: 2
Anonymous
2018-01-06 22:53:15
Exception on a NDA
Hi everyone,
I have, like Vladimir Koval, a question regarding the Non- Disclosure Agreement.
Imagine the following situation: you have to issue a standardized Non-...
Hi everyone,
I have, like Vladimir Koval, a question regarding the Non- Disclosure Agreement.
Imagine the following situation: you have to issue a standardized Non-Disclosure Agreement to your suppliers, that ultimately your Client will review (and he expect that all documents will look the same). However, some suppliers would be keen on modifying clauses, in order to preserve their own company's interest, which as mentioned could be an issue to your Client at the end, as he is expecting a unique document.
I was therefore wondering when working with multiple suppliers, if the terms of an NDA can me modified for some of them or standardization in this case is the norm.
thanks for any thoughts. I hope I am clear.
Mathieu
• Freeport LNG
•
2018-01-08 15:33:22
Mathieu,
While standardization may be a noble ambition, achieving it is usually quite difficult. You can improve your odds through the use of mutual NDAs that protect the confidential information of both parties and by having fair and balanced agreements, but expecting all suppliers to sign them as-is may be expecting too much.
Your role is to understand their requested changes and to determine the impact to your company and whether the changes are acceptable, and to advise your internal client accordingly.
Hope that helps. Sincere regards.
• CommonAccord.org
•
2018-01-14 10:29:18
Consider whether you might be able to use a "standard" and have each negotiated difference stand out as a specific change. There are a number of ways to do this. The most systematic would be to use a master and generate each of the documents from the master, with a patch for the differences. That's possible in a number of technologies. A broad example is shown here: www.commonaccord.org/index.php
• Tata Communications
•
2018-02-22 04:33:24
Hi Vladimir,
We have standard NDA template and additional clauses in the clause library if the vendor pushes for Mutual NDA. This helps build the agility in NDA execution. My experience says that we are able to push 80% cases on standard NDA template and the balance needs engagement.
•
2018-03-27 17:30:53
If a NDA is well drafted, clear, fair and equitable then it should be signed without issue.
If the client has specific requirements that are reasonable and equitable they should be acceptable to all parties.
If there is an element of inequity or unreasonableness then expect suppliers to push back. The simplest test is "would I sign this on behalf of my organisation": if not, then why expect the other party to sign?
What could be up for discussion: whether the NDA is one-way or mutual? what law and jurisdiction apply? the length/duration of the NDA and of any surviving obligations? whether personal NDAs/statements are required?
I would have concerns if I have received unacceptable terms in an NDA - it wouldn't bode well for any subsequent contract discussions negotiations.
• Health Quest
•
2018-07-12 21:57:19
In my organization we use a Mutual Non-Disclosure and Confidentiality Agreement. I can see where there may be a need for specifics to be outlines, and in that event, I would consider an addendum as a sufficient protocol. The addendum can include the customer specifics that would otherwise present as "sticking points" that tie up getting the project off the ground.
Replies: 5
• Ngamuru Advisory
•
2019-06-15 23:42:10
In terms of the 8 different payment schemes I was specifically referring to what we call 'payment curves' (see attached graphic) as opposed to payment regimes such as cost+ (time and material), fixed price, cost + fixed fee, etc. In this light these are grouped into 5 main families with a couple of variations inside each. These are as follows:
- 'all or none' payment curves
- Linear payment curves
- Non-linear payment curves
- Alternative payment such as demerit point and visual payment curves
- Matrix payment curves
The intent of this discussion is to simply highlight that the choice of payment curve, similar to the choice of performance measure and level, can have a significant impact on the success (or otherwise) of the overall performance management framework. My blog (www.performancebasedcontracting.com) has 3 posts specifically on this topic including the graphics.
I hope this helps and answers your questions. However, please let me know if you have any further questions.
Replies: 1
Occidental Petroleum Corporation
2019-02-12 17:17:02
Cloud Contracting
I am interested in perspectives on various issues and contracting approaches for the use of cloud services, particularly from niche providers who may, in-turn, actuall...
I am interested in perspectives on various issues and contracting approaches for the use of cloud services, particularly from niche providers who may, in-turn, actually have their applications hosted on a third-party provider like Microsoft, Amazon, Rackspace, etc. I'm looking for perspectives on the entire gambit of issues, including - protection measures used for data at-rest and in-transit; protection of video and images; right of return of all data upon request of customer; obligations of the supplier to delete data when no longer needed (either during the course of performing the services or upon termination of the services and return of the data to the customer); background checks on employees who may have access to the data; monitoring of access by all supplier personnel; business terms like fluctuations in the use of the service (bandwidth, storage space, processing capabilities); right to move the data to different locations in the same country; right to move data to a different country for processing and/or storage; obligations to notify in the case of suspected or actual breach/compromise of data.
• AusNet Services
•
2019-02-28 18:18:23
Hi Mark, Happy to discuss. Send me an email via marie.cullen@medibank.com.au and I can talk about the principles I use.
In my view I don't believe, as a community, we have fully bottomed out all the risks associated with these types of engagement.
M
• Nokia Solutions and Networks Australia Limited
•
2019-06-04 05:22:18
Hi Mark
For a very good, concise review of the principles and issues of cloud agreements generally, covering most of your points above (my view anyway), you might also check out David W. Tollen's book "The Tech Contracts Handbook" online or via this website:
techcontracts.com/2018/06/01/dont-use-licenses-saas-contracts/
I did buy his book, and think highly of it. Notably good balance between concept and practical drafting approaches, not just for cloud matters either.
NB: Personal opinion only, not necessarily that of my employer.
kind regards
Andrew
Replies: 2
• Schlumberger
•
2018-08-12 06:54:16
Hello,
Hello
Just in case you still need a few other pointers, consider the following:
One thing sales people understand is numbers so approach it from an accounting point of view. Since the contract is void, consider discussing the fact they will not be able to meet all the GAAP principles for revenue recognition and if your accounts folk are diligent they probably will back you up ( but run this by them - accounts - first. Companies interpret or apply GAAP revenue recognition differently ).
Since Company X no longer exists and as such has no contracting capacity, it cant assign/novate the contract which will impact collectability should the New Company choose not to follow through with what it has implied it would do re: payment
If you are required to create a new agreement using the same or similar terms and conditions, consider preparing a risk assessment analysis of the contract and let the stakeholders approve the risk they are taking on by utilizing the same Ts & Cs so everyone is on the same page. Whatever discussions or approvals were obtained for the former Company should not apply to the New Company.
All the best!
• Anonymous
•
2018-09-17 18:33:36
Thank you for the guidance Mofoluwaso Falade.
Replies: 2
•
2018-07-21 13:14:03
Did you get this?
• Kuwait Finance House
•
2018-08-09 06:13:38
the SLA should have the basic things like resolution time/ Response time, Escalation Matrix,support timimg periods,
• AVON Cosmetics Ltd
•
2018-09-10 08:18:44
Did you manage to obtain a Contract Change Form and Process? I have one which we use for an IT Outsource Contract and could send through to you if you can provide your email address.
• AVEVA
•
2018-11-02 15:29:04
Hello Ramganesh,
Aveva's ProCon solution contains a Post-Award module which supports the contract execution process from the contract award stage, through processes such as general correspondence, management of change, management of payment, and dispute resolution, to management of closeout. To your point, you need to protect yourself from contract variations and scope changes with the ability to manage these effectively and have a clear path to understand these and approve as necessary. ProCon can help with these vital challenges. Feel free to contact me for more information.
Tim Wikander
Product Sales Manager
M +1 832.523.3885
E tim.wikander@aveva.com
• Reliance Industries Limited
•
2019-02-18 05:25:14
I cannot suggest any template, but can advise the following points to be taken care of while agreeing the Contract -
1) Overstay compensation or rate revision formula
2) Discount factor for scope increment or compensation factor for reduction.
3) % of Liquidated damages, in case of delay attributed to Contractor's end.
4) Try to negotiate with some grace period even after original contract completion date keeping the original rates valid.
Replies: 5
•
2019-09-03 21:20:35
Are the contracts customer contract? Perhaps it may be useful to present the contracts based on the unexpired residue of the term left and whether or not the consent of the customer is required (for assignment). Are the contracts being assigned to a third party? Will the customer have to consent to the assignment?
If you are terminating the contract, you may need to look at the requirements under the term of the contract that will allow you to terminate without liability.
Chandra
Replies: 1
• Frank's International
•
2020-01-10 19:34:37
It creates a conflict of interest in which the other members of the joint venture could be affected negatively.
• Allianz Technology
•
2019-01-10 08:45:28
Hi,
I'm just trying to understand your position.
Considering that you are managing all contractual relationship with another company (buy and sell side) sounds actually good from your company perspective. It would mean, that your leadership can expect you to have a full overview about the contractually back and forth with this JF. Therefore I assume it's hard to change the mind of your leadership, since I would expect them to see your doublerole as positive.
However on the other side, there is your personal position, meaning being something in the middle of a sandwich, right? I'm not sure about your empowerment, but in worst case you have also very limited authority to change some company rules (discounts, penalties, payment conditions, acceptance criteria etc.). And on buy side you usually have different contractual expectation than on sell side. I assume, this is the tricky part in your situation. Fulfilling the internal requirements for buy- and sell side with the same contractual partner at the same time (and maybe also your partner asks you if you are a bit crazy, since requesting sooo different contracts when you are either on sell side or on buy side).
When the conditions your company expect in contracts are very different on sell side and buy side, this should be communicated as an issue (to your leadership). I think there are 2 options as solution: either the requested second CM as you suggest, or an escalation to the leadership to align clear buy and sell conditions between your company and the JF, which are equal to both parties. such framework conditions would make at least your position more clear. And maybe there won't be anymore need of a split of the CM roles buy side and sell side?
Since I couldn't find many information in your post, I hope, this is somehow helpful?
If your uncomfortable position has other reasons, please let me know.
BR
Kristin
• Omaha Public Power District
•
2019-01-21 20:58:03
I probably would start collecting facts: Firstly, establish the relationship between Your Company ("Y Company") and Company X ("X Company") by looking at any specific, written agreement about the services ("X and Y Services"). Also, establish clarity around (1) Y Company's services to be provided to X Company, and (2) X Company's services to be provided to Y Company. At this point, are there any conflicts that you can see/anticipate in your ability as the Contract Manager during the provision of X and Y Services, that perhaps could result in non-performance or non-compliance? Also, how do you escalate and cure any issues of non-performance (for example)? Secondly, I would review the files documenting any legal review, if any, prior to said agreement being reviewed for signature/execution. Were there any concerns that were raised and eventually resolved (internally)? AT the very least, you could start with the resource allocation -- that is, regarding your time management and how to better allocate your skills - in developing your case. Hope this helps. Regards ~ Rose
• CoreLogic
•
2019-05-17 09:01:17
Its an interesting role and I recommend your decision to bring in another manager to take one of the contracts.
I would recommend to present this as two different roles:
On the buy side - Contract Manager would play role of a customer and to manage Company X, need to drive and establish Vendor Management Discipline around Contract Administration / Governance / Service Performance / Financial Management / Risk and Compliance
On the sell side - Contract Manager would play role of an engagement partner to drive business relationship / Value addition to Company X/ increase revenue generation from Company X to your company / Joint go-to-market strategy if possible.
Regards,
Dave
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Replies: 4
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