Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

PSPPROC503B Mapping and Delivery Guide
Manage contract performance

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency PSPPROC503B - Manage contract performance
Description This unit covers the competency required by people whose primary role is contract management to implement strategies that ensure effective contract performance. It includes managing the business relationship, performance of the contract, and contract issues; and implementing a communication strategy.In practice, managing contract performance may overlap with other public sector and local government generalist and specialist work activities, such as promoting the values and ethos of public service or local government, undertaking negotiations, promoting compliance with legislation in the public sector, finalising contracts, managing procurement risk, planning to manage a contract, planning for procurement outcomes and making procurement decisions.PSPPROC414A Manage contracts is the appropriate unit for people undertaking contract management as a minor part of their work role.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to those who may or may not have had involvement in the procurement process preceding execution of the contract.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Not applicable.
Competency Field Procurement and Contract Management
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities
Slides
PPT
Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Manage the business relationship.
  • Probity is managed in accordance with organisational requirements, legislation, policy and public sector standards.
  • Obligations to the contractor are met according to contractual arrangements.
  • Consideration of conflicts of interest and their resolution are recorded according to public sector standards and organisational requirements.
  • Business relationship with contractor is managed in the public interest through formal and informal mechanisms according to public sector standards and organisational policy and procedures.
       
Element: Manage performance of the contract.
  • Start-up or transition arrangements are implemented according to contract requirements and organisational procedures.
  • Contract management plan is monitored for effectiveness on a regular basis and adapted as necessary during the life of the contract.
  • Performance of contract is monitored against key performance indicators and tracking milestones to ensure obligations under the agreement are being met.
  • E-procurement, financial and other resources are managed as necessary according to contract requirements and organisational procedures.
  • Emerging and potential risks are identified and managed according to organisational risk management procedures.
       
Element: Manage contract issues.
  • Contract variations are managed according to contract management plan, organisational policy and procedures, and probity requirements.
  • Early signs of under-performance are identified, and action is taken to improve performance to the agreed level and documented according to contract's communication and information policy.
  • Disputes and complaints are investigated and resolved or referred according to contract's management plan and contractual arrangements.
  • Negotiation of issues relating to the contract is conducted and approvals are obtained according to stipulations in the contract.
  • Conflict is addressed and resolved where possible or other actions are taken according to contractual arrangements.
  • Non-compliance with codes of conduct, codes of practice and standards of behaviour is dealt with in a timely manner.
       
Element: Implement communication and information strategy.
  • Communication on the performance of the contract is maintained with all stakeholders according to organisational protocols and public sector standards.
  • Management reporting is carried out according to tracking milestones and organisational requirements.
  • Contract information is maintained for organisational purposes according to organisational policy and procedures.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Competency must be demonstrated in managing contract performance consistently in accordance with legislative and organisational requirements.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

develop and implement an appropriate contract management plan, using templates where available

develop and implement an appropriate transition plan, using templates where available

develop and maintain a sound business relationship with contractors within probity guidelines, upholding probity standards in all dealings with them

manage contractor performance so that goods and services are delivered according to the contract

provide the contractor with performance feedback

deal promptly and proactively with contract issues and disputes and refer to higher authority when this is not possible

communicate effectively with internal and external stakeholders about the operation of the contract.

Consistency in performance

Competency should be demonstrated by providing evidence of undertaking a range of relevant work tasks in an actual or simulated procurement environment on at least two separate occasions.

Context of and specific resources for assessment

The unit of competency is to be assessed in the workplace or a simulated workplace environment.

Access may be required to:

legislation, policy, procedures and protocols relating to procuring goods and services and managing contracts

codes of conduct and codes of practice

workplace scenarios and case studies relating to a range of procurement activities associated with managing contract performance

case studies that incorporate dilemmas and probity requirements relating to managing contract performance.

Method of assessment

The following assessment methods are suggested:

questions to assess understanding of relevant legislation and procedures

review of strategies and approaches adopted for managing contract performance

review of contract management plans, contracts, contract variations, contractor performance reports, communication strategy and other documentation prepared by the candidate in a range of contexts

review of stakeholder engagement approaches adopted by the candidate.

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency which are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

Guidance information for assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

PSPETHC501B Promote the values and ethos of public service

PSPGOV507A Undertake negotiations

PSPLEGN501B Promote compliance with legislation in the public sector

PSPPROC504B Finalise contracts

PSPPROC505A Manage procurement risk

PSPPROC506A Plan to manage a contract

PSPPROC507A Plan for procurement outcomes

PSPPROC508A Make procurement decisions.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

communication skills to:

consult and negotiate with contractors and stakeholders, involving complex oral and written exchanges of information

network, within probity boundaries, with contractors and stakeholders

read complex documents, such as contracts, legislation and guidelines

write management reports and keep records of meetings, liaison, notes and follow-up actions

provide feedback

teamwork skills to:

build effective working relationships with contractors and stakeholders, within probity boundaries

model effective team management approaches

respond to diversity

refer issues to the correct person

problem-solving skills to:

resolve disputes, conflict and complaints

make judgements about when to refer disputes, conflict and complaints to others

apply understanding of supplier issues/supply chain management in the context of contract management

initiative and enterprise skills to:

apply the content of complex documents, such as contracts, legislation and guidelines

apply OHS, environmental, sustainability and corporate social responsibility practices in the context of contract management

planning and organising skills to:

manage contract documentation

plan and organise contract meetings, reports and reviews

learning skills to keep up-to-date with:

best practice examples in procurement practice

relevant procurement legislation, policies and procedures

technology skills to:

operate organisational IT systems

use electronic procurement templates

Required knowledge

commonwealth, state or territory, and local government legislation, policies, practices and guidelines:

relating to contract management, including environmental purchasing and corporate social responsibility guidance

such as OHS and equity and diversity

organisational procurement policies, practices and approval processes

contract management for a range of contractual situations

privacy and confidentiality issues

probity principles and issues

codes of conduct, codes of practice and standards of individual behaviour relating to management of contracts and relationships with contractors

whole-of-life considerations

financial and accounting issues relevant to the contract

legal aspects of negotiation

aspects of law of contracts, trade practices law and commercial law relevant to the management of contracts relating to complex procurement

equal employment opportunity relevant to the management of contracts

OHS requirements relevant to the management of contracts

environmental, sustainability and corporate social responsibility principles relevant to the management of contracts

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Probity principles:

may include:

accountability

transparency

confidentiality

managing conflict of interest

impartiality

are maintained to:

ensure conformity to processes

facilitate accountability

ensure proponents are treated in a fair and equitable manner

encourage commercial completion

preserve public and private sector confidence in government processes.

Legislation, policy and public sector standards may include:

financial management legislation

government procurement, purchasing and contracting legislation, policy and guidelines

council rules and by-laws

public sector standards

codes of conduct, codes of practice and standards of individual behaviour

cross-cultural and social justice issues

environmental and sustainability policies

corporate social responsibility policies.

Formal and informal mechanisms may include:

non-confrontational interaction

hospitality

formal contract variations

formal negotiations

formal and informal meetings

regular and ad hoc reporting

review processes.

Contract management plan may include:

risk management plan

contingency plan

communication and public relations plan

human resource management plan

disposal plan

contract review plan

setting up routines

quality assurance systems

arrangements for transfer of legal responsibility

insurances

strategies to avoid implied acceptance of varied conditions through non-enforcement of contractual obligations

environmental/green procurement, sustainability and corporate social responsibility principles.

Contracts may include:

formal written contracts

standing offers (panels)

multi-use lists and similar arrangements

inter and intra-government agreements

letters of intent

memoranda of understanding and memoranda of agreement

licensing agreements

in-house option directives.

Risks may include:

supplier inability to meet obligations

end user or buyer inability to meet obligations

scope creep

client requirements not fully understood

becoming too dependent on a single supplier

disruption to continuity and consistency of service if too many suppliers are selected

other environmental influences

corruption risks

probity risks.

Variation to agreements may arise from:

change of scope

negotiation of new terms and conditions

dissolution of contracts

inability to deliver.

Early signs of under-performance may be detected through:

tracking milestones

regular meetings

meeting records and follow-up

file management and audit trail

stakeholder surveys on performance

ongoing review of deliverables.

Actions taken to improve performance may include:

discussion with contractor

regular interaction

ongoing performance feedback

provision of support

expert advice.

Disputes may include:

disputes over:

requirements

delivery schedules

price changes

additional tasking

payment schedules

complaints from third parties

formal and informal.

Techniques available to resolve disputes include:

conference

negotiation

mediation

arbitration

resort to contractual conditions

litigation.

Negotiation of issues may include:

contract variations

continuous improvement

innovations

non-compliance

consequences.

Actions as a result of unresolved conflict may include:

mediation

court action

termination of contract.

Communication strategies may include:

clear communication

understanding the needs of the service provider and the client

setting regular times to talk, meet or check on progress

protocols for dealing with other stakeholders

emergency contact arrangements

diary system to monitor milestones, timeframes, receipt of deliverables, etc.

strategies for ensuring information flow at critical stages of the contract.

Contract information may include:

contract and variations

contract management plan

financial records, including funding submissions, budgets, delegations, invoices and payments

contractor performance information

contract reports

information about disputes and other issues

complaints and compliments.

Organisational purposes may include:

probity and accountability

budget reporting

feeding into future procurement processes

performance management of suppliers

internal and external reviews and audits

governance requirements

legal compliance.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Probity is managed in accordance with organisational requirements, legislation, policy and public sector standards. 
Obligations to the contractor are met according to contractual arrangements. 
Consideration of conflicts of interest and their resolution are recorded according to public sector standards and organisational requirements. 
Business relationship with contractor is managed in the public interest through formal and informal mechanisms according to public sector standards and organisational policy and procedures. 
Start-up or transition arrangements are implemented according to contract requirements and organisational procedures. 
Contract management plan is monitored for effectiveness on a regular basis and adapted as necessary during the life of the contract. 
Performance of contract is monitored against key performance indicators and tracking milestones to ensure obligations under the agreement are being met. 
E-procurement, financial and other resources are managed as necessary according to contract requirements and organisational procedures. 
Emerging and potential risks are identified and managed according to organisational risk management procedures. 
Contract variations are managed according to contract management plan, organisational policy and procedures, and probity requirements. 
Early signs of under-performance are identified, and action is taken to improve performance to the agreed level and documented according to contract's communication and information policy. 
Disputes and complaints are investigated and resolved or referred according to contract's management plan and contractual arrangements. 
Negotiation of issues relating to the contract is conducted and approvals are obtained according to stipulations in the contract. 
Conflict is addressed and resolved where possible or other actions are taken according to contractual arrangements. 
Non-compliance with codes of conduct, codes of practice and standards of behaviour is dealt with in a timely manner. 
Communication on the performance of the contract is maintained with all stakeholders according to organisational protocols and public sector standards. 
Management reporting is carried out according to tracking milestones and organisational requirements. 
Contract information is maintained for organisational purposes according to organisational policy and procedures. 

Forms

Assessment Cover Sheet

PSPPROC503B - Manage contract performance
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Assessment Record Sheet

PSPPROC503B - Manage contract performance

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Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

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Overall assessment result: Competent Not yet competent

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