Professional Documents
Culture Documents
Agenda
• Negotiations
• Types of Consulting Contracts
• Standard Form of Contract
– Form of Contract
– General Conditions
– Special Conditions
– Appendices
• Description of Services
• Reporting Requirements
• Staffing Schedule
• Cost Estimates
• Duties of Consultant and Client 1
NEGOTIATIONS
• Technical Negotiations
• Financial Negotiations
• Availability of Professional Staff/Experts
2
Types of Contracts
3
Time Based Contract
4
Percentage Contract
Click
5
Back
6
Retainer and / or contingency (success) fee
contract
7
Indefinite delivery contract (Price Agreement)
8
GENERAL CONDITIONS OF CONTRACT
General Provisions
– Relationship Between Parties
– Law Governing Contract
– Notices
– Location
– Authority of Leader
– Authorized Representative
– Taxes and Duties
– Fraud and Corruption
– Measures to be Taken by the Client
– Commission and Fees
9
GENERAL CONDITIONS OF CONTRACT
Commencement, Completion, Modification and
Termination of Contract
– Effectiveness of Contract
– Expiration of Contract
– Modifications or Variations
– Force Majeure
– Suspension
– Termination
• By Client
• By Consultant
• Cessation of Rights and Obligations
• Cessation of Services
• Payment upon Termination 10
GENERAL CONDITIONS OF CONTRACT
Obligations of the Consultant
• Standard of Performance
• Conflict of Interests
• Confidentiality
• Insurance
• Accounting, Inspection and Auditing
• Actions Requiring Prior Approval
• Reporting Obligations
• Documents Property of Client
• Equipment, Material Provided by either Party
11
GENERAL CONDITIONS OF CONTRACT
• Consultants Personnel and Sub-Consultants
• Obligations of the Client
– Assistance and Exemptions
– Change in Applicable Law Relating to Taxes and Duties
– Services, Facilities an Property
• Payment to the Consultant
• Fairness and Good Faith
• Settlement of Disputes
• Liquidated Damages
• Miscellaneous Provisions 12
SPECIAL CONDITIONS OF CONTRACT
• General Conditions of Contract Generally not to
be Modified
• Clauses in Special Conditions will be Used to
Modify General Conditions
13
APPENDICES
• Description of Services
– Final Terms of Reference Worked out by the Client and
the Consultant during Technical Negotiations and
include
• Dates for completion of various tasks
• Place of performance of different tasks/activities
• Approval of deliverables
• Reporting Requirements
– Format, Frequency, contents of reports and
responsible persons
• Staffing Schedule
14
Appendices Contd
• Cost of Services
– Negotiated Final Prices
• Duties of Client
– List of Services
– Facilities
– Property to be Made Available to the Consultant
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