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Contract management – do you need to consult a specialist area?

Planning to buy a product or service? In many cases, purchasing decisions will require consideration of a variety of different issues which may not be apparent at the outset.

For example, if you are buying a product from overseas, there may be import duties, customs and quarantine rules, or the product may not meet Australian design and safety standards. Some products might also have specific licensing requirements, or rules around how they need to be handled.

The University has existing expertise in a range of contracting areas, and in some cases may already have contracts set up that will meet your needs!

Engage early with specialist areas for a better outcome

The earlier you consult with the right area of the University the quicker and smoother your transaction will be. Making the most of contracting expertise already present within the institution is also in the best interests of University and individual local areas, saving you precious time reinventing existing and successful practices.

Under the University’s Contracts and Agreements Policy, certain types of contracts must be referred to specialist areas within the University that have the expertise, specific processes and/or authority to negotiate and enter into those contracts.

The below table outlines specialist internal areas you should consult with for different types of contracts, and any applicable policies, frameworks or processes:

Contracts and agreements related to: Specialist area to consult: Specialist process to follow:
International arrangements – students, teaching or research; Relationships with international education institutions Pro Vice-Chancellor (International)

 

International Agreements Framework sets out approval and development processes, which must be followed before any agreement is negotiated or documented.
Jointly conferred academic (coursework) awards Division of Academic and Student Engagement Jointly Conferred Coursework Awards Policy
Jointly conferred academic (higher degree by research) awards Division of Research and Innovation Jointly Conferred Higher Degree by Research (HDR) Awards Policy
Use of University brand (including name, logos, trademarks) Marketing and Communications Brand Policy
Competitive research grants Research Services Research Grants, Contracts and Consultancies Policy
Research contracts, non-competitive research grants or consultancy services Research and Business Partnerships Research Grants, Contracts and Consultancies Policy
Protecting and commercialising intellectual property (including related Confidentiality Disclosure Agreements and Material Transfer Agreements) Adelaide Enterprise

 

Invention Disclosure Form

Intellectual Property Policy

Collaborative research ventures with external parties Division of Research and Innovation Research Centres and Research Institutes Framework – Joint Research Ventures with External Partners Template
Establishment or acquisition of Controlled Entities Legal and Risk Branch Controlled Entities Policy
Capital works (major and minor building work and infrastructure projects or property use transactions) Infrastructure Branch As directed by Infrastructure Branch
Procurement of goods and services for the University of Adelaide Strategic Procurement As directed by Strategic Procurement

Financial Management Policy

Purchasing Procedures

Maintenance and utilities supply Agreements Infrastructure Campus Services As directed by Infrastructure Campus Services
Computer software licensing Information Technology and Digital Services As advised by Information Technology and Digital Services
Third Party Hosting services Information Technology and Digital Services Third Party Hosting Security Guidelines
Contracts of employment and appointment of titleholders Human Resources As directed by Human Resources Branch
Engagement of consultants or contractors Human Resources
Gifts, sponsorships, externally-funded scholarships External Relations Giving Framework

Outgoing Sponsorships Policy

Externally-funded postgraduate research scholarships Adelaide Graduate Centre As directed by the Adelaide Graduate Centre
Insurance contracts Legal and Risk Branch As directed by Insurance Specialist
All Contracts containing or proposing a ‘hold harmless’ clause or provision Office of General Counsel As directed by General Counsel and Executive Director, Legal and Risk
 

If multiple specialist areas are relevant to your contract:

Consult collectively with them to determine the appropriate contract manager.  If agreement cannot be reached, the decision can be escalated to the relevant Divisional head.

Further Information

Further guidance to assist you in drafting and formalising agreements is available in Module 2 of the Contract Management Handbook.

If you have any more questions feel free to call the Legal & Risk Helpdesk on 8313 4539.

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