For each contract entered into, the Procuring Entity must designate a member of staff, or a team of staff, as the Contract Administrator responsible for administering the contract. The Procuring Entity must issue a signed letter naming and appointing the Contract Administrator that must be included in the procurement files and contract.
It is the responsibility of the Contract Administrator to perform the obligations and duties of the Procuring Entity specified in the contract; and to ensure that the contractor performs the contract in accordance with all of the terms and conditions of the contract. In particular it is important that the Contract Administrator ensure that the contractor supply the quality and quantities specified in the contract. It should be noted that this may require rather specialized methods for measuring quantities. Such measurements must be independent and not rely solely on the contractor‘s submitted measurements of quantity.
The Contract Administrator is responsible for:
- Monitoring the performance of the contractor, to ensure that all delivery or performance obligations are met or appropriate action taken by the Procuring Entity in the event of obligations not being met;
- Ensuring that the contractor submits all required documentation as specified in the bidding documents, the contract and as required by law;
- Ensuring that the Procuring Entity meets all its payment and other obligations on time and in accordance with the contract.
- Ensuring that there is adequate cost, quality and time control, where required;
- Preparing any required contract variations or change orders and obtaining all required approvals before their issue. Such variations or change orders must be clearly justified in writing backed by supporting evidence;
- Managing any handover or acceptance procedures;
- Making recommendations for contract termination, where appropriate, obtaining all required approvals and managing the termination process;
- Ensuring that the contract is complete, prior to closing the contract file including all handover procedures, transfers of title if need be and that the final retention payment has been made;
- Ensuring that all contract administration records are complete, up to date, filed and archived as required; and
- Ensuring that the contractor and the Procuring Entity act in accordance with the Provisions of the Contract.
- Discharge of performance guarantee where required
Administration of Sub-Contracts
The prime contractor shall be responsible for administering any subcontracts and the Procuring Entity shall monitor only the prime contractor‘s management of its subcontracts. The Procuring Entity shall not directly administer any subcontracts, except where:
- There is a risk of the Procuring Entity incurring undue cost or delay;
- Successful completion of the prime contract is threatened; or
- Special surveillance of high risk or critical subsystems is required.
Technical Inspection of Goods and Works
The Procuring Entity shall inspect goods or works at any reasonable time or place, including: During manufacture or construction; prior to shipment; on delivery or completion; or prior to final acceptance the Procuring Entity‘s may also inspect subcontractors.
The Procuring Entity may observe tests conducted by the contractor, or any subcontractors, under their own quality control procedures, conduct its own inspection; or employ an independent third party to undertake technical inspection.
Inspection and Acceptance of Goods, Works and Services
The Procuring Entity shall ensure that all goods, works and services are subject to inspection and verification by Inspection and Acceptance Committee, prior to their acceptance.
The inspection and verification shall ensure that:
- The correct quantity has been received;
- The goods, works or services meet the technical standards defined in the contract;
- The goods, works or services have been delivered or completed on time, or that any delay has been noted and appropriate actions as indicated in the contract have been taken;
- All required deliverables have been submitted; and
- All required manuals or documentation have been received.
The Inspection and Acceptance Committee responsible for inspecting the goods, works or services shall issue interim or completion certificates or goods received notes, as appropriate and in accordance with the contract.
