APM Guide to Contracts and Procurement by APM;

Author:APM; [Management, Association for Project]
Language: eng
Format: epub
Publisher: Association for Project Management
Published: 2017-09-23T00:00:00+00:00

5.2 Inputs

The Inputs to this stage are nominally the outputs from the previous stages plus taking due account of the requirements of the law relating to the country where the contract is to be made. These inputs are used as the starting point for preparing the contract terms and conditions and the requirement for each contract package, or grouping of packages by type. The outputs of the previous stages described above will have been captured in the documents created; to include:

■ A signed-off business case: An output from the concept and feasibility stage (the ‘full’ business case – see Chapter 2).

■ A procurement management plan: The output from the project procurement strategy stage (see Chapter 3) including the package scope, the package interdependencies and the nature of relationship(s) to be sought with providers.

■ A briefing document: An output from the package contracting strategy stage (see Chapter 4) used as a brief to the contract drafting team including the best-fit contracting strategy, the advised standard form of contract (if applicable), the remedies in case of default by a party, the risk allocation of any pain/gain share arrangement, the type and level of incentives if to be offered and the issue/dispute resolution process to be specified. In addition, any key terminology should be explained together with the scope of requirement and any constraints and boundaries.

■ The governing law for the contract (see below).

■ If used, a copy of the standard conditions of contract.

A specific country should be defined for the purpose of determining the governing law; in order that the further inputs described in section 5.2.1 below can be determined.

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