The role as Contracts and Commercial Managers is highly varied – working within the commercial departments of large, multinational corporations taking responsibility for sales, marketing, contracting, negotiations, finance, contract law or property management to name but a few.
In some smaller companies (and in the case of entrepreneurs) we as contract and commercial managers would be expected to deal with all these various roles ourselves, rather than oversee a department containing expert teams in each field.
In either business environment as enumerated above, a commercial manager must be adept at understanding and engaging in all aspects of the strategic function, but in the absence of these, which is where a specialist in contracts and commercial management comes to the fore; hence, Augustus Hall Limited outlines the multifarious activities demanded of a commercial manager and how such responsibilities should be approached. We provide detailed services (overviews and step-by-step guides) covering the following areas:
- Commercial Awareness;
- Contract Performance;
- Commercial Relationships;
- Risk Management;
- Post-Delivery Risk;
- Project Planning;
- Team Building & Collaborations;
- Project Progression.
We have expertise and experience in providing commercial and contracts guidance and advice at all stages of the contract lifecycle, including Inception & Business Case, Heads of Terms, Deal-Shaping, ITTs & RFPs, Bid Management, Commercial Negotiation, Contract Formation, Contract Handover, Transition, Transformation, Post-Award, Change Control, Renegotiation, Exit, Disputes & Termination, etc.
“Our approach and business model is very simple; we eliminate unnecessary overheads allowing us to provide high quality services at competitive prices.”
We do this by harnessing the latest technologies and using established and trusted Associates to support our clients’ requirements. This removes the need for large expensive offices, admin and support staff and eliminates the risk of any downtime burden when not on assignment – all of which clients indirectly pay for in the traditional consultancy model. We currently have experienced & qualified Associates. All Associates have signed Non Disclosure Agreement – NDAs with us & we put a new contract in place with them for every new assignment.
Augustus Hall Limited’s Directors are experienced commercial professionals who still practice. This means that we completely understand our clients and their business, because these are the market sectors we have always operated in.
Our Responsibilities as Contract and Commercial Managers
(Please note, while in the interests of clarity these responsibilities are written from the perspective of a contract manager supporting sales (which is where there is a longer history for the role), they are easily converted to a description for Procurement, where the tasks are very similar, but more likely to be restricted to a post-award role.)
Today’s ‘best practice’ contracts groups are those with a holistic responsibility for the contracting process (pre- and post- award). We at Augustus Hall Limited are increasingly involved in establishing contracting policies that support market and business strategy – and this is something that cannot readily be done if resources are fragmented. At Augustus Hall Limited, we believe that ‘The value of contracts is in the outcomes they produce’. It is also observed that today’s contracts are becoming more complex and the risks of failure more severe.
Too often, companies have had no one providing the oversight for achieving those outcomes or managing that complexity and risk – and that is why Augustus Hall Limited’s role of Contract and Commercial Manager is emerging as a critical competency in today’s organizations.
Our Responsibilities include:
- Contracts (various: including formal, short form, and annual contracts)—Drafting, Evaluation, Negotiation and Execution:
- Non Disclosure Agreements, Sales / Purchasing Agreements, Sub-contracts, Consulting Agreements, Licensing Agreements, Master Agreements, review of customer proposed terms and conditions
- Distribution Agreements (resellers, agents, joint marketing etc.)
- Commercial and Public (Federal, State and Local Municipalities) Contracting
- Serve as the point of contact for customers on contractual matters. Act as contractual “middleman” between company employees and customers, ensuring timely review and approval / reconciliation of variations.
- On all standard and nonstandard contracts, provide redlined recommendations and often negotiate directly with customer attorneys or purchasing staff until consensus has been reached
- Maintain contractual records and documentation such as receipt and control of all contract correspondence, customer contact information sheets, contractual changes, status reports and other documents for all projects.
- As needed, provide guidance on contract matters to project managers or other operational staff, including training to new project managers and other employees in contracting practices and procedures.
- Develop and implement procedures for contract management and administration in compliance with company policy. As appropriate, contribute to or influence company policies.
- Monitor compliance by company employees with established procedures. Identify areas of recurrent pressure.
- Work with Risk Management Department / Finance to coordinate contractual insurance requirements.
- Work with Finance to ensure adherence to broader finance and risk requirements such as revenue recognition, pricing and discounting policies,, export controls etc. May include ‘financial engineering’ and understanding / evaluating economic impact of terms and term options.
- Support Product Management / Marketing to ensure company products and services are offered with appropriate, competitive terms and conditions
- Monitor competitive terms. Monitor customer satisfaction with our terms and conditions and contracting practices. Recommend changes.
- Ensure that signed contracts are communicated to all relevant parties to provide contract visibility and awareness, interpretation to support implementation.
- Handle on-going issue and change management
- Monitor transaction compliance (milestones, deliverables, invoicing etc.)
- Oversee Service Level Agreement Compliance
- Ensure contract close-out, extension or renewal.