Outlines rules for staff across the RMIT Group on how to prepare, establish, negotiate and manage Contracts with third parties, and the obligations under which those Contracts are performed.
This policy aims to ensure that:
- RMIT manages the risk associated with Contracts by providing clear direction to staff responsible for establishing and managing Contracts with third parties; and that
- Obligations under Contracts are performed
This policy excludes employment contracts and non-binding Memoranda of Understanding (MoU).
This policy applies across RMIT and its controlled entities unless otherwise stated. Compliance with country specific legislative requirements must be obeyed.
1.1. A Contract Manager must be appointed for each Contract to be entered into by RMIT.
1.2. The Contract Manager’s responsibilities are outlined in the Contract management policy process and include:
1.2.1. Negotiation of the Contract;
1.2.2. Ensuring that Contracts are compliant with legislative obligations and RMIT Policy;
1.2.3. Monitoring performance of the Contract by both RMIT and the other party(ies) to the Contract; and
1.2.4. Management of Contract renewal, termination or expiry and dispute resolution (including breaches).
1.3. Appointment of a Contract Manager must follow the Contract management policy process.
2.1. All RMIT contracts must be in writing.
2.2. A financial assessment of the contractual party must be conducted prior to entering into negotiations process in accordance with applicable due diligence and/or financial assessment processes.
2.3. The Contract Manager must seek guidance and assistance from the appropriate Responsible Area, where appropriate, as listed below:
2.3.1. Legal Counsel;
2.3.2. Procurement (only for acquisitions of goods or services by RMIT); and
2.3.3. Financial Services
3.1. Only staff with the requisite authority under the Delegations policy may sign and execute Contracts on behalf of RMIT.
3.2. All Contracts must be entered into the applicable authorised RMIT Contract Register. The responsibility for ensuring the contract information is entered into the system is as per the Contract management policy process.
3.3. All Contracts and relevant documentation must be filed and securely stored in accordance with the Records control and disposal policy process.
3.4. Systems of effective monitoring and review of the Contract are to be documented and maintained in accordance with the Contract management policy process.
4.2. Contracts under which RMIT provides services to third parties must comply with the requirements of the Income and expenditure management policy process.
4.3. Contracts for procurement by RMIT of goods or services must comply with the Procurement policy process.
4.4. Conflicts of interest which may arise in the contracting process must be managed in accordance with the Conflict of interest policy process.
4.5. Contracts and MoU’s between RMIT and international institutions must follow the Global partner approval process.
4.6. Arrangements with independent contractors must follow the Engagement of contractor/consultant guideline.
4.7. Where a contract involves a tender for the acquisition of goods or services by RMIT, the Procurement policy process must be followed.
Status & details
Custodian: Chief Operating Officer
Operational responsibility: Legal Services Group
Effective from: 14 August 2017
Last updated: 14 August 2017