The Essential Guide to Effective Contract Management

When you streamline your contract management process, you can boost your revenue and grow your business. Learn the best ways to get the full value out of every contract, no matter what business you’re in.

What Is Contract Management?

Contracts govern your organization’s relationships with vendors, customers, partners, and employees. Effective contract management ensures these relationships are efficient and profitable — that your business benefits from every agreement and you get optimal financial returns. It also ensures that the implementation or delivery of every contract, whether a legally binding written or oral agreement, is satisfactory to all parties.

Efficient contract management includes agreeing to, documenting, and reporting on any changes from both buyers and sellers, so you face no disputes or surprises.

Don’t let these productivity killers go unchecked.

Top 3 Productivity Killers Ebook

Uncover the top three factors that are killing your productivity and 10 tips to help you overcome them.

What Is Contract Life Cycle Management?

Contract life cycle management (CLM) covers every step of a contract, from drafting to approval, implementation, utilization, and expiration. CLM is vital to every business. The life cycle has three stages that encompass these actions: pre-award, award, and post-award. Each step creates, contributes to, or uses contract data.

The best contract management processes use the data throughout the life cycle to improve a company’s exposure or ability to manage financial or legal risk. CLM streamlines the process of managing all contracts that affect your business, from internal agreements with employees to external commitments with partners and vendors.

What Is the Contract Management Process?

Contract management touches every business and operations area of an organization. A consistent and efficient contract management process guides and streamlines the management of each contract through all its phases, from creation, negotiation on terms and conditions, and approval, through execution, performance, and compliance on deliverables and deadlines.

Contract management handles any modifications to the contract, as well as its termination. All phases should also ensure customer satisfaction.

What Is a Contract Management Framework?

The standards for contract management may be spelled out formally in a contract management framework (CMF), which can help guide your organization’s process at a high level. The CMF has four main components that cover a range of activities.

The scope of contract management covers strategy, sales, performance optimization, and your relationships with customers and suppliers. The National Contract Management Association (NCMA) defines contract management as “the process of managing contracts, deliverables, deadlines, and contract terms and conditions while ensuring customer satisfaction.” It involves many areas of the organization to ensure that you not only meet your operational, functional, and business objectives, but that you profit from every interaction and deliver cost-effective approaches.

The International Association for Contract & Commercial Management puts it this way: Contract management is “a critical vehicle for high-value management information that supports strategic decision making.”

Contract Management Framework

Contract Management Framework Template

The contract management framework is unique to your organization. Identify the key data and deliverables for every contract you manage.

Download Contract Management Framework Template

What Do Contract Management Professionals Do?

Contract managers play a vital role in ensuring companies get the full value from every contract. Their responsibilities include the following:

The Contract Management Body of Knowledge (CMBOK)®, fifth edition, based on NCMA’s Contract Management Standard™, outlines the competencies for contract managers as the following:

What Is the Importance of Contract Management?

Contract management affects your organization’s revenue, budget, and operations. It also influences the way your customers view you, as well as your public image. The way you manage your contracts can touch upon almost every aspect of your company. Contracts are crucial to the success of any business arrangement.

Here are some ways that good contract management can affect your business and your bottom line:

Contract Management Powers the Sales Cycle

Optimized contract management — the ability to tap the data in your contracts — benefits your sales cycle and is a growth area for all businesses. You can shorten this cycle from sales lead to contract to revenue, as well as reduce your customer acquisition costs, when you have up-to-date data and templates. Here are some ways contract management improves your sales cycle:

What Are the Stages of Contract Management?

Contract management and administration cover all stages of a contract, from creation and implementation to analysis, in a way that helps your organization improve its performance, boost sales, and increase revenue. It supports the complete customer and sales cycle, as well as the contract life cycle.

Contract Management Process Map

Contract Management Process Map

This contract management process map walks you through the 10 steps of the management process. Use it to identify the key inputs, deliverables, and outputs for each step in the contract management process.

Contract Management Stage 1: Request

Favorable discussions or quotes with a potential business partner or vendor trigger the request for a legal contract. In this pre-award phase, focus on the reasons for the contract and whether both sides can fulfill the terms.

At this stage, make sure that senior management supports the request and the partnership or agreement. Doing this will keep you from running into roadblocks later in the process or killing the project because it didn’t align with management’s goals and strategy.

Here’s a list of tasks you should complete in the first stage of contract preparation:

The inputs at this stage are the goals of the project, the information about the activities that support the contract, and the critical dates. The output is the initial documentation that saves the information and provides an early audit trail.

Contract Management Stage 2: Generate

To create an initial draft of the contract, research the purpose of the project and be clear about its goals. You may need to gather documents during the quote process or early sales cycle to ensure you have the context you need to generate the contract. Contracts typically change during negotiations, so both parties need to be flexible with the draft. Here are best practices for the draft:

Templates with approved language from legal will speed up this stage and help you avoid bottlenecks that can occur when legal has to get involved in drafting every contract. Many automated contract management systems contain a searchable database of approved templates, clauses, and other legal documents.

Contract Management Stage 3: Negotiate

Negotiations should begin with trust and transparency to ensure that both parties have the best possible agreement. In many cases, negotiators use playbooks that break down the contract’s terms, fallback positions, clauses, issue lists, and questions that both parties need to answer during negotiations. Here are the steps in the negotiation stage:

When you’re done, you will have a final contract or agreement document that is ready for formal approval.

Contract Management Stage 4: Approve

Once everyone has agreed to the terms of the contract, you can get final approvals. Depending on the contract’s size and scope, you may need to include your legal department, key executives and other internal management, external stakeholders, and the customer. The input is the contract document; the output is the final contract approval.

You may encounter another bottleneck when seeking management approval. To avoid that potential obstacle, make sure you’ve identified who needs to review the contract, and have policies and procedures to confirm the approval process.

Whether you use a manual workflow for approvals or an automated system that routes the contract and sends alerts, you must still oversee the process, so the contract can be completed and you can close the transaction. You can use parallel approvals (gathered by various departments at the same time) or serial approvals (sign-offs that happen in a consecutive workflow) to keep the process moving forward.

In this detail-driven phase of the process, approval tasks and checklists help you prepare for the transaction’s closing. Keep records of all the pre-closing, meeting, memoranda, and approval workflows. This documentation also helps you later, during your compliance and audit trails.

Contract Management Stage 5: Execute

To finalize the deal, all parties need to sign the approved contract. The contract goes into effect with those signatures. At this point, everyone should understand how the contract will work. You can simplify the signature process with e-signatures, especially if you are working with parties in different time zones or on different continents. Next, give copies of the signed agreement to all parties and store them in filing cabinets or in an online server or document library (where you can search for and manage them).

Contract Management Stage 6: Capture

Not only the source of truth for everyone involved in the project, each contract also contains a storehouse of data that you can use to grow your business. Gather all the signed contracts and supporting closing documents in a central system, so you can search, track, and retrieve the data. By organizing your documents this way, you can reap the following benefits:

Contract Management Stage 7: Comply

Once everyone has signed the contract, all parties need to adhere to the agreement’s terms and conditions. Failure to meet any performance measures, payment, or reporting can put you in breach of contract and may result in liabilities or contract termination. If you don’t comply with regulations, you can face severe penalties and even damage your organization’s brand.

Throughout the contract life cycle, you need to ensure you are following the contract’s aims and sections (also known as obligation management or commitment management), and be on the lookout for any signs of noncompliance, including quality issues. One way to track and enforce compliance is by ensuring that a records management system is safely storing, accessing, and updating all your critical documents.

Contract Management Stage 8: Report and Audit

Reports and audits help you monitor the progress of a contract and alert you to potential problems and compliance issues. The contract should spell out the scope of any report or audit, but this can be tricky to monitor if the contract itself is stuck in a filing cabinet or desk drawer. With digital files and cloud storage in a searchable database or contract repository, it can be easier for you to know what you need to track and when you need to deliver the information.

Once you’ve established the best way to quickly and efficiently find the information, consider using an audit or report checklist that includes these details:

Reports and audits can reveal deficiencies or conditions that put the contract at risk, and you can put strategies in place to eliminate, mitigate, or transfer any potential risk.

Contract Management Stage 9: Review and Amend

Use the information in your reports to review your progress and identify whether you need to make changes to the contract. Establish a plan and time frame to review the performance of the contract. Revisions, changes, and amendments are common in the contract life cycle. Here is a list of typical changes:

A contract manager uses their skills in change management and document management to identify these areas, manage the relationship between the parties, and capture the details of the changes to which both parties agree. Some problem areas may be too severe to solve with a contract amendment. In those cases, contract termination may be the best solution for poor vendor performance or other issues.

Contract Management Stage 10: Renew

At the end of the agreement, you have the opportunity to consider extending the business relationship and renewing the contract. Make sure you’ve set alerts before the contract expires, so you can consider your option to let the contract lapse and end the relationship, renew the agreement, or renegotiate and create a new contract. You can rely on the performance reports to identify the best business — and revenue — opportunities, which feed back into the sales cycle.

Contract Management Maturity

The information in your contracts can help you grow your business. With better insight into the terms and performance of your contracts, you can lower your risk outcomes, improve your sales and renewal performance, and optimize your contract portfolio. The contract management maturity model (CMMM) provides a framework to help you move from a tactical business operation to a strategic approach that enhances your organization’s goals and revenue.

Here are the five stages of the CMMM. As your organization moves from an ad hoc to an optimized approach, you will identify more opportunities for business growth and strategic alignment between your contracts and your company’s long-term goals.

  1. Ad Hoc: Organizations in this stage have some established processes, but the processes are not followed company-wide. These organizations lack a formal documentation system, and managers are not held accountable to comply with contract management policies and procedures.
  2. Basic: These organizations have basic standards and processes, but these processes are required only for complicated, critical, or high-value contracts. They are not used on all contracts.
  3. Structured: At this level, organizations have company-wide contract management standards and processes with formal documentation. With a library of standard contracts, managers tailor individual contracts rather than starting from scratch with each new contract. In addition, senior management offers direction and guidance.
  4. Integrated: At this level, the contract management process is fully integrated with other business functions, such as financial management and systems engineering. The contract team includes end-user customers, and management uses metrics to make decisions about contracts and evaluate parts of the contract management process.
  5. Optimized: At the highest level of maturity, organizations use performance data to evaluate the efficiency, effectiveness, and quality of the contract management process. These organizations also take a continuous improvement approach to the process, applying lessons learned and best practices with new and renewed contracts.

Uses of Contract Management

The process of managing contracts covers almost every industry, government agency, commercial business, academic institution, and more. All kinds of businesses, from public agencies to private companies, rely on a range of contracts that require contract management. Here are some examples of agreements that require contract management: