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William Campbell
William Campbell

International Contracting - Contract Management...


Managing a contract portfolio has always required diligent oversight and a keen attention to detail. But, now that contracts are becoming longer, more complicated agreements, and there is an increase in contracting at the international level, contract management must entail a well planned, highly strategic approach. For large companies, engaging in international contracting is quite common and handling an international contract portfolio is relatively routine, as they usually have the resources and manpower needed. For smaller businesses, however, technology has enabled international contracting, but managing it can be a bit trickier. Here are some best practices for managing an international contract portfolio:




International Contracting - Contract Management...



Fortunately, there is a growing reliance on international arbitration for disputes that occur across national borders. Thus, it may be wise for the parties to an international contract to consider including dispute resolution language that allows for submission to an international arbitration body, such as the International Chamber of Commerce.


All contracts should be reviewed by legal counsel, and international agreements are no exception. In fact, given the potential complexity of these agreements, it is crucial to have a knowledgeable attorney review a prospective contract with a foreign entity. In the past, it was likely difficult to find someone who understood foreign and domestic legal implications, but these days, international business is becoming the norm. Therefore, unless a company is entering into completely uncharted territory, law firms should have some familiarity with international business concepts.


The key to managing any contract, whether it exists on a local, national, or international level, is to build and maintain strong working relationships. This clearly ties into understanding and respecting cultural differences, but it also relates to the terms and conditions incorporated into a contract, as well as the management strategy that is employed. For example, to cultivate a long-lasting contracting relationship, it is important to negotiate in a positive manner and to utilize performance incentives to foster goodwill. Although it is becoming outdated, there is still too much emphasis on risk allocation and consequences, when parties should be creating realistic goals and focusing on outcomes driven management.


Paying international contractors is much the same as paying a local contractor but with the added complexity of multiple currencies and the expense of foreign exchange and international bank transfer fees. Regardless, international contractors expect to be paid in a timely manner and expect you to absorb the costs related to foreign banking.


Reviews solicitations and prepares routine response for proposals, bids, and contract modifications. May also prepare simple requests for proposals. Analyzes contract requirements, special provisions, terms and conditions to ensure compliance with appropriate laws, regulations, corporate policies and business unit procedure. Drafts and negotiates simple contractual instruments commensurate with skills and grade level. Communicates contract policy and practice to internal business teams. Ensures contract review, approval and execution in accordance with corporate and/or business unit guidelines. Prepares and administers routine correspondence, negotiation memoranda, and contract documentation to ensure timely and coordinated submittal. Prepares, organizes and maintains contract records and files documenting contract performance and compliance. May conduct research to support contract audit and or facilitate business unit contracting trends. Performs contract closeout activities. Assists mid- to high-level contract professionals in working with internal or external business teams on issues and developments relative to assigned contracts.


Basic to working knowledge of corporate policies and procedures. Basic to working knowledge of contracting concepts, Uniform Commercial Code, applicable international contract law, or public contract acquisition law and regulations. Good to strong analytical and communication skills. Ability to draft simple contractual instruments in accordance with prescribed templates and guidelines.


Ability to draft moderate to complex, non-routine contractual instruments. Working to excellent knowledge of corporate policies and procedures, coupled with ability to identify required improvement to established policies. Working to expert knowledge of contracting concepts, Uniform Commercial Code, applicable public contract acquisition law and regulations, and applicable international contract law. Strong to excellent analytical and communication skills. Good presentation, leadership and team-building skills. Use of independent judgment and creativity applied to resolution of contract issues. Excellent internal and external negotiation skills. Emerging ability to excel in upper level management environment.


Masters degree in business and 8+ years business experience. Experience generally includes significant technical knowledge, and/or experience in international contracting, joint venture formation, strategic partnering, or other highly complex contractual arrangements.


Ability to supervise and train less experienced contract professionals and to identify and develop contract skills in assigned function. Ability to draft moderate to complex, non-routine contractual instruments. Working to excellent knowledge of corporate policies and procedures, coupled with ability to identify required improvement to established policies and to communicate implementation procedures to others. Working to expert knowledge of contracting concepts, Uniform Commercial Code, applicable public contract acquisition law and regulations, and applicable international contract law. Strong to excellent analytical and communication skills. Good presentation, leadership and management skills. Use of independent judgment and creativity applied to resolution of contract issues. Excellent internal and external negotiation skills. Emerging ability to excel in upper level management environment.


Advanced degree in business and 12 or more years business experience is typical, generally including supervisory/mentoring responsibility; advanced contract and technical knowledge, and/or experience in international contracting, joint venture formation, strategic partnering, or other highly complex contractual arrangements.


While contract management is an important factor determining the profitability of overseas construction projects, it poses considerable difficulties for Korean construction companies. This study aims to assess the contract management capabilities of Korean construction companies, and to derive some key items worthy of close consideration as an important measure for strengthening their competitiveness. First, we defined the contract management process based on an analysis of the literature. Then we derived the capabilities required for each process stage, and carried out questionnaire surveys with 92 overseas project experts. The questionnaire was divided into two parts. The first questionnaire analysis was performed to identify major contract management capabilities that were intuitively perceived as being important by the experts. This was done using the AHP technique. The second questionnaire analysis was performed to identify capability deficits by assessing current performance level and the perceived importance of contract management capabilities. The results were subject to the Borich Needs Assessment Model and the Locus for Focus Model. The results of this study can be used for devising strategies to improve contract management capabilities and thus contribute to enhancing the international competitiveness of Korean construction companies. While the study was principally concerned with major companies looking for international contracts in the building sector, the analysis process and method can be utilized for the self-assessment of individual companies of varying sizes or specialties.


There are a variety of ways to pay contractors internationally. A contractor may have a preferred payment platform or service that a company can pay them through. However, with Oyster, companies can work with local payroll specialists to ensure smooth and on-time payments for contractors located anywhere.


Most government health facilities in Cambodia perform poorly, due to lack of funds, inadequate management and inefficient use of resources, but mostly due to poor motivation of staff. This paper describes contracting as a possible tool for Ministries of Health to improve health service delivery more rapidly than the more traditional reform approaches. In Cambodia, the Ministry of Health started an experiment with contracting in eight districts, covering 1 million people. Health care management in five districts was sub-contracted to private sector operators, and their results were compared with three control districts. Both internal and external reviews showed that after 3 years of implementation, the utilization of health services in the contracted districts improved significantly, in comparison with the control districts. There was adequate competition in awarding the contracts. A Ministry of Health Project Co-ordinating Unit measured the performance of the contractors, and contributed pro-actively. There was no evidence of rent-seeking practices by either the contracting agency or the contractors. This paper describes in more detail the successes and failures in one of the contracted districts, where HealthNet International applied the contracting approach. Despite significantly increased official user fees, constituting 16% of recurrent costs, the utilization of services was equally increased. Patients thought the fees were reasonable because they were still lower than the fees demanded if government health workers charged informally. They also thought that the services were of better quality than in the unregulated private sector. Another important result was that combining strict monitoring with performance-based incentives demonstrates a decrease in total family health expenditure of some 40% from US dollars 18 to US dollars 11 per capita per year. Innovative and decisive management proved to be essential, which is more likely to be achieved by a contracted manager than by regular government managers with life-long employment. This paper discusses how the contractor addressed the deeply rooted problems of informal private activities of government health workers. The NGO district management experimented with two management systems: first by individual contracts with health workers, and secondly by sub-contracting directly with the health centre chiefs and hospital directors. A reason for concern is that poli-pharmacy and excessive use of injectables continued. Also, the participation of the central level of the Ministry of Health was positive in the contracting process, but the role and participation of the provincial level of the Ministry was more tentative. 041b061a72


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