

Contract Formulation - Part A
What are the considerations in preparing and forming a contract? Especially, product type, scope of work and product safety?
Contract formulation
·
Contracting
· Is the acquisition of goods and services through contract
·
The notion of contracting
· is a very flexible one
·
A contract can be devised
· To reflect any number of variables
· The acquirer's contracting strategy should be designed
· To optimize the results of the overall project
· And to reduce the risk on individual contracts
· Key variables are shown on the next page
Variables to be considered in forming a contract

Examining the variables
The variables listed on the previous page
· Are the key determinants
· For selection of contract type
· And each will be discussed in turn
·
Caveat
Note: We are not lawyers, we cannot provide legal advice
· Legal texts should be reviewed by legal experts
· Knowledgeable in the law of the relevant jurisdiction
Product type
Product type can range
· From standard off-the-shelf products
· For example, standard equipment components
· Or off-the-shelf shrink-wrapped software
· To products requiring some degree of customization
· I.e. to make them fit
· To fully-built custom products
· Such as buildings, facilities, systems
· And software built to special requirements
· Or the product may be exploratory
· Such as in research and development
Scope of work
The product scope of work variable
· Depends on the extent and reliability
· Of the requirements definition
· And hence on the degree of certainty
· Of the scope of work description
· and the extent and timing
· Of the changes that might be expected
Product safety environment
·
The product safety and liability
variable
· Depends on the product's operating environment
· E.g. whether public safety is involved
· And the extent of potential liability
· Should the product fail in use
·
For example
· A new aircraft design requires more careful construction and testing
· Than, say, a first-generating computer operating system