CONTRACT DRAFTING AND MANAGEMENT
Our approach is to develop and draft contracts that meet
our clients’ specific needs cost-effectively. To
achieve this, we adapt information from our extensive collection
of standard documentation wherever possible. We have a
record of developing commercially innovative documentation
that is within the permissible boundaries for government
agencies.
We have extensive experience in the full spectrum of government
contracting. Government contracting activities can range
from minor procurement based on standard documentation
to major procurement that requires a detailed contracting
strategy.
In developing contracts, we are acutely aware of issues
that matter to government. These include making sure that
the contractor’s obligations are properly defined;
that the pricing arrangements are unambiguous; that liability,
indemnity and insurance arrangements are clear and consistent;
that government reporting and accountability requirements
can be met; and that termination/expiry arrangements provide
as far as possible for a smooth transition out of the contract
arrangements.
AGS understands that contracting does not stop when the
contract is signed. We also understand the importance of
both the commercial and public accountability dimensions
of sound contract management for government agencies. We
take both into account when we draft the initial contract.
Our lawyers have broad experience in advising on contract
administration issues, including how to set up systems
for good contract management, performance monitoring, termination
and damages. We have a commercial dispute resolution group
that combines the talents of our commercial and litigation
lawyers to provide the best possible outcome in any contractual
dispute.
See the fact sheet entitled ‘Commonwealth
legislation that may apply to Australian Government contractors’.
See also Commercial
notes No. 12 ‘Reading the fine print’ 29
November 2004, Commercial
notes No. 11 ‘Focus on procurement’ 7
September 2004, Legal
briefing No. 79 ‘Indemnities in Commonwealth
contracting’ 26 July 2006, Legal
briefing No. 86 ‘Indemnities in Commonwealth
contracting’ 14 April 2008.
Also see Tendering, Negotiations, Alternative
dispute resolution, and Probity
services.
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