Читать книгу Contract management with CATS CM® version 4 - Gert-Jan Vlasveld - Страница 28

Every contract contains articles, provisions, and appendices that can be divided into two groups for both the client and the supplier: The Work To Be Done (WTBD) and All Other Contract Matter (AOCM).

WTBD describes which performance, consisting of goods and/or services, must be delivered – and in which form and with what features (such as quantity, quality, time frames, and location) – and how the measurement of and accountability for the delivery has been arranged. Other aspects of the WTBD are the affairs the client has to arrange to ensure that the supplier can meet the performance obligation. All other provisions in the contract fall under the AOCM. Naturally, they also include agreements regarding actions that will be taken if the WTBD is not delivered according to the contract, as well as agreements regarding the collaboration between both parties that are not directly related to the WTBD (see figure 5.1).

Figure 5.1 The Work To Be Done and All Other Contract Matter

Examples of WTBD are:

■ Cleaning activities A, B and C are performed on a daily basis between 7:00 and 9:00 AM in buildings I and II.

■ The service desk is staffed with at least three people and is available between 8:00 AM and 6:00 PM.

■ Network administration will be implemented so that the network will have a guaranteed planned availability of 99.99 percent.

■ The supplier will demonstrate that the quality control system complies with the required standards to ensure that all delivered products will comply with standards X, Y, and Z.

■ The delivery time has been defined as the time between the moment the email is sent to the supplier and the time the ordered goods have arrived in the warehouse according to the signed notification of receipt.

■ The number of licenses used is the result of the scanning program XYZ, which the client is to install on its server by following the supplier’s instructions. The client will run this scanning program on the last working day of each month.

Examples of AOCM are:

■ The different types of meetings, their frequency and the participants.

■ The way changes to the contract may be formalized (the contract change procedure).

■ How to handle discrepancies in the deliverables based on the measurement and accountability of the WTBD.

■ The dispute settlement procedures.

■ The way in which the compensation, generally in the form of payments, will be delivered.

■ Agreements about liability, intellectual property, applicability of laws and regulations, and confidentiality.

The distinctly different roles of the contract manager and the realization and verification manager are based on making a clear distinction between the WTBD and the AOCM. These roles are part of the second pillar of CATS CM: the roles that are created for the contract and which must be established within the organization to ensure successful contract performance.