Modification History
Unit Descriptor
This unit covers the administration of contracts by officers who administer contracts as part of their role, rather than as their primary role. They are not specialist contract managers.
Specialist contract managers are catered for by the units PSPPROC501A - 504A, added to the Procurement&Contract Management Competency field of the Training Package in 2004, which address in depth the aspects of contract management performed by specialist contract managers.
NB: PSPPROC404A Manage contracts (from PSP99) is equivalent to the three units:
PSPPROC502A Establish contract management arrangements + PSPPROC503A Manage contract performance + PSPPROC504A Finalise contracts
This unit includes undertaking preparations, establishing and maintaining contract administration arrangements, monitoring and maintaining contract performance, and completing and reviewing contracts.
In practice, administration of contracts overlaps with other public sector generalist and specialist work activities such as acting ethically, complying with legislation, applying government processes, working with diversity, using resources, etc.
This is a new unit of competency added to the Procurement&Contract Management Competency field of the Training Package in 2004.
Application of the Unit
Licensing/Regulatory Information
Pre-Requisites
Employability Skills Information
This unit contains employability skills.
Elements and Performance Criteria Pre-Content
Elements are the essential outcomes of the unit of competency.
Together, performance criteria specify the requirements for competent performance. Text in bold italics is explained in the Range Statement following.
Elements and Performance Criteria
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Elements and Performance Criteria |
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Element |
Performance Criteria |
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1 |
Prepare to administer a contract |
1.1 |
Contract requirements, approvals and funding arrangements are confirmed and clarified where necessary, and obligations and limits of authority as contract administrator are identified in line with contractual and organisational requirements |
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1.2 |
Operational elements of the contract are confirmed and contact is made with specialists to clarify and assist with contract administration issues |
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1.3 |
Key contract clauses are identified and their content is clarified as necessary to ensure contract requirements are understood |
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1.4 |
The process, timings, and key performance indicators are identified from the contract and confirmed with stakeholders |
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1.5 |
Risks are confirmed and a risk management plan is developed in line with contract requirements and organisational policy and procedures |
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1.6 |
A contract administration strategy is developed or obtained and key details are entered from the contract |
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2 |
Establish and maintain contract administration arrangements |
2.1 |
Start-up or transition arrangements are confirmed and implemented in accordance with contract requirements and organisational procedures |
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2.2 |
Communication /information strategies are established to meet contractor and organisational needs |
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2.3 |
Risks management plan is monitored for effectiveness and adapted as necessary during the life of the contract |
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2.4 |
Relationship with contractor is established and managed in accordance with organisational policy and procedures |
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2.5 |
Specialist expertise is obtained as necessary for progress meetings and for advice on/resolution of contract issues |
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2.6 |
Contract information/documentation is maintained for organisational purposes in accordance with organisational policy and procedures |
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3 |
Monitor and maintain the performance of a contract |
3.1 |
Obligations to the contractor are met in accordance with contractual arrangements and the organisation's financial management requirements |
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3.2 |
Performance of the contract is monitored against performance indicators to ensure all obligations under the agreement are being met |
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3.3 |
Contract variations are managed in accordance with the contract and organisational policy and procedures |
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3.4 |
Disputes /complaints are investigated and resolved or referred in accordance with contractual requirements |
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3.5 |
Negotiation of issues relating to the contract is managed and approvals are obtained in accordance with stipulations in the contract proper |
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3.6 |
Communication/reporting on the performance of the contract is maintained with all stakeholders in accordance with organisational protocols and public sector standards |
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4 |
Complete and review contract |
4.1 |
Contracts are finalised, amended, cancelled or terminated in accordance with contractual arrangements |
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4.2 |
Strategies to manage close-out, renewal of the contract or transition to a new contract meet organisational guidelines and public sector standards |
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4.3 |
Review is undertaken of contract administration, contractor performance relevant to measures at each stage of the contract, user satisfaction and audit results, when necessary |
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4.4 |
Where measures or outcomes are not met in full, variances are documented and explained |
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4.5 |
Information from the review (and audit) is used to report on contractor performance, to review contract administration practice and make recommendations for improvement |
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Required Skills and Knowledge
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REQUIRED SKILLS AND KNOWLEDGE |
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This section describes the essential skills and knowledge and their level, required for this unit. |
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Skill requirements Look for evidence that confirms skills in: using communication and negotiation with contractors and other stakeholders involving oral and written exchanges networking with diverse clients, contractors and end users responding to diversity, including gender and disability reading and applying complex documents such as contracts, legislation and guidelines applying occupational health and safety and environmental requirements in the context of contract administration |
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Knowledge requirements Look for evidence that confirms knowledge and understanding of: Commonwealth/State/Territory Government legislation, policies, practices and guidelines relating to contract administration, including environmental purchasing guidance contract performance management privacy and confidentiality issues probity principles and issues whole-of-life considerations equal employment opportunity, equity and diversity principles financial and accounting issues relevant to the contract public sector legislation including occupational health and safety and environment |
Evidence Guide
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The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package. |
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Units to be assessed together |
Pre -requisite units that must be achieved prior to this unit: Nil Co -requisite units that must be assessed with this unit: Nil Co -assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to: PSPETHC401A Uphold and support the values and principles of public service PSPGOV404B Develop and implement work unit plans PSPGOV408A Value diversity PSPGOV411A Deal with conflict PSPGOV412A Use advanced workplace communication strategies PSPGOV422A Apply government processes PSPLEGN401A Encourage compliance with legislation in the public sector PSPPOL404A Support policy implementation |
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Overview of evidence requirements |
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms: the knowledge requirements of this unit the skill requirements of this unit application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework) administration of contracts in a range of (3 or more) contexts (or occasions, over time) |
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Resources required to carry out assessment |
These resources include: legislation, policy, procedures and protocols relating to contract administration case studies and workplace scenarios to capture the range of contract administration situations likely to be encountered |
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Where and how to assess evidence |
Valid assessment of this unit requires: a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when administering contracts, including coping with difficulties, irregularities and breakdowns in routine administration of contracts in a range of (3 or more) contexts (or occasions, over time) Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as: people with disabilities people from culturally and linguistically diverse backgrounds Aboriginal and Torres Strait Islander people women young people older people people in rural and remote locations Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of: case studies portfolios questioning scenarios authenticated evidence from the workplace and/or training courses |
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For consistency of assessment |
Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments |
Range Statement
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RANGE STATEMENT |
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The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance Criteria is explained here. |
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Contracts may also include |
memoranda of understanding/memoranda of agreement in-house option directives common use arrangements/standing offers inter/intra-government agreements letters of intent licensing agreements |
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Specialists may include |
procurement and/or contracting area corporate finance area outsourced procurement/contracting advisers legal advisers functional/business area business owner of the contract appropriate cross-government department experts |
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Key contract clauses may include |
variation insurances notices disputes intellectual property privacy confidentiality milestones payments breaches penalties |
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Risks might include |
contractor inability to meet agreements end user or buyer inability to meet obligations limited number of suppliers |
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Contract administration strategy may include |
formal contract administration plan contract administration check list setting up routines checking quality assurance systems transfer of legal responsibility avoiding implied acceptance of varied conditions through non-enforcement of contractual obligations |
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Contract administration strategy may be obtained from |
procurement/contracting area specialist contract managers central agencies such as state supply boards, contract and management services finance area legal advisers outsourced providers of contracting services |
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Effective communication strategies may include |
setting regular times to talk, meet or check on progress protocols for dealing with other stakeholders emergency contact arrangements a diary system to monitor milestones, timeframes, receipt of deliverables etc strategies for ensuring information flow at critical stages of the contract |
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Variation to agreements may include |
change of scope negotiation of new terms and conditions dissolution of contracts in writing verbal variations, confirmed in writing variations by action/inaction |
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Disputes may include |
disputes over: requirements delivery schedules price changes additional tasking payment schedules complaints from third parties |
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Techniques available to resolve disputes include |
conference negotiation mediation arbitration resort to contractual agreements legal considerations |
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Negotiation of issues may include |
contract variations continuous improvement innovations non-compliance consequences |
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Review may include |
planning process evaluation considerations at each stage of the contract sources and methods of gathering data role of audit trails, where applicable measuring outputs meeting client needs innovation strategies for continuous improvement |
Unit Sector(s)
Competency field
Procurement&Contract Management
