Each department (including faculties, academic and academic support departments, schools, centres and institutes) within the University of Waterloo (“UW” or the “University”) engaged in contracting is responsible for implementing internal controls in order to safeguard that contracts are managed to ensure delivery of product/service, efficiencies and to mitigate risk to the University.
The Contract Procedure has embedded dual roles in the execution of contracts at the University. The following are recommendations and best practices to define the roles and responsibilities of post execution and ongoing contract management.
Pre Execution – Roles and Responsibilities
- Work with P&CS to establish a contract that offers the most efficient and cost effective approach to acquire the goods/services required
- Understand what commitments and risks are being assumed with the contract, from both a university and departmental perspective
- Ongoing financial commitment
- Confidentiality? Non-discloser?
- Requirement for ongoing travel expenses?Professional development?
- Ensure that there a proper resources available to manage contract post execution
Procurement & Contracts:
- Ensure engagement process meets public accountability requirements, competitive bidding and UW policy requirements
- Work with sponsor department to negotiate and develop a contract that incorporates basic liability protection elements to safeguard the UW
- Ensure civil requirements are present and appropriate in the agreement (WSIB, Insurance)
- Summarize and point out basic commitments and risks that the UW assumes when contract is executed
Post Execution – Roles and Responsibilities
- Ensure that a designate has been assigned the role of ongoing review and management of the contract; confirm that designate is knowledgeable and understands the commitments made by both parties in the agreement.Assume departmental accountability
- Monitor and oversee the day to day performance, activities and requirements; manage operational delivery
- Ensure that invoices are appropriate, consistent with the terms of the contract, and are authorized / paid promptly when appropriate to do so
- Communicate with the supplier when problems may arise; make initial efforts to resolve day to day problems.Lead regular supplier performance reviews.Contact P&CS when problems persist for assistance in supplier management
- Ensure that P&CS is made aware of any variation or proposed amendment to the executed contract
- Be aware of expiry date, work with P&CS in terms of renewal strategies, compliance and succession planning
Procurement & Contracts:
- Open and maintain the UW’s official file of final executed agreements, along with relevant support documents
- Work with sponsor department to develop a contract management strategy; aid department when problems become ongoing and persistent
- Monitor industry and markets, public accountabilities requirements to develop a renewal strategy, if required