Risk Management in Contracting from an In-House Perspective: A Study of Strategies and Best Practices

Authors

  • Irene Robinson-Ayanwale European Business Institute

Keywords:

Contracting Process, Risk Management, Risk Mitigation, Types of Risks, Third-Party Risks, Contracts

Abstract

This study is aimed at highlighting the critical role of the contracting process in risk management. The contracting process for commercial contracts in organizations is often not recognized as a risk mitigation tool by contract owners within the organization, the leadership, and even the owners/implementors of the contracting process themselves. Frictions often arise because it is erroneously regarded as an unnecessary bureaucracy delaying or preventing the organization from achieving its strategic objectives, rather than as an essential risk mitigation tool that protects the organization, and ensures the organization continues achieving its goals and objectives, grows its revenue, remains compliant, maintains its profitability, and meets the expectations of all its stakeholders.

The study therefore seeks to create an understanding that the contracting process is a critical part of the internal control mechanisms of an organization for managing and mitigating risks and acknowledge and appreciate the commendable efforts of the functions engaged in the contracting process for safeguarding their organizations against various risks.

References

Angelo State University. (2024, February 28). Contract Process Flowchart. Retrieved from Angelo State University: https://www.angelo.edu/live/files/23301-flowchart

AudioBoard. (2023, June 29). Third-Party Risk Management 101: Guiding Principles. Retrieved February 28, 2024, from AudioBoard: https://www.auditboard.com/blog/third-party-risk-management-101/

Audit Talk. (2022, September 9). Third-Party Risk Managment: What You Dont't Know Today Can Hurt You. Retrieved February 28, 2024, from AuditBaord: https://www.auditboard.com/blog/third-party-risk-management-what-you-dont-know-today-can-hurt-you/

AuditBoard. (2022). Effective Third-Party Risk Management - Key Tactics and Success Factors. AudioBaord.

Butterworths LexisNexis. (2001). The Encyclopadeida o Forms And Precedents (5th ed., Vol. 4(3)). (P. The Rt. Hon. lord Millet, Ed.) London: Butterworths LexixNexis.

Butterworths LexisNexis. (2001). The Encyclopaedia of Forms And Precedents (5th ed.). (P. The RT. Hon. Lord Millett, Ed.) London: Butterworths LexisNexis.

Button, K. (2019, March 30). Six Statistics Supporting Contract Management System Adoption. Retrieved February 28, 2024, from ContractSafe: https://www.contractsafe.com/blog/stats-for-cms-adoption

CFI. (2024). Introduction to Risk Management . Online: CFI.

CFI. (2024, February 29). What is Funding Liquidity Risk. Retrieved February 29, 2024, from CFI: https://corporatefinanceinstitute.com/resources/career-map/sell-side/risk-management/funding-liquidity-risk/#:~:text=Funding%20liquidity%20risk%20refers%20to,settle%20its%20current%20outstanding%20bills.

Chitty. (1980). Chitty on Contracts (24th ed., Vol. 1). London: Sweet & Maxwell.

Chitty. (1980). Chitty on Contracts (24th ed., Vol. 1). Sweet & Maxwell Limited.

Columbia University Irving Medical Centre. (2024, March 1). Content Analysis. Retrieved March 1, 2024, from Columbia University Irving Medical Centre: https://www.publichealth.columbia.edu/research/population-health-methods/content-analysis#:~:text=Content%20analysis%20is%20a%20research,words%2C%20themes%2C%20or%20concepts.

Contractlogix. (2024, February 28). Contract Risk Asessment Checklist: 10 steps to Follow. Retrieved from Contratlogix: https://www.contractlogix.com/contract-management/contract-risk-assessment-checklist/

Contractlogix. (2024). Minimizing Risk with Effective Contract Management. Online: Contractlogix.

dealhub. (2024, February 28). What is the Contracting Process. Retrieved from dealhub: https://dealhub.io/glossary/contracting-process/#:~:text=The%20contracting%20process%20is%20a,stakeholders%20and%20their%20roles%20throughout.

Deloitte. (2021, May 20). Third party risk management survey 2021: Over half of organisations have faced a risk incident due to third-party failure during COVID-19 pandemic. Retrieved February 28, 2024, from Deloitte: https://www2.deloitte.com/uk/en/pages/press-releases/articles/third-party-risk-management-survey-2021.html

Denzin, N. (1970). The research act: A theoretical introduction to sociological method. New York: Aldine.

Dovi, S. H. (2023). Same Old Story, New Solution: Force Majeure Deficiencies in The Wake of COVID-19 and an Unorthodox Apprach to Drafting it. Brooklyn Journal of Corproate, Financail & Commerical Law, 89. Retrieved February 29, 2024, from https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1401&context=bjcfcl

Finance Strategists. (2024, February 2024). Invesment Risk. Retrieved February 2024, 2024, from Finance Strategists: https://www.financestrategists.com/wealth-management/investment-risk/

Fisk, E. R. (2003). Construction Project Administration. New Jersey: Prentice Hall.

Frost, J. (2024, February 28). Purposive Sampling: Definition & Examples . Retrieved from Statistics By Jim : https://statisticsbyjim.com/basics/purposive-sampling/

GRADCOACH. (2023, April). Qualitative Data Analysis Methods 101:. Retrieved March 1, 2024, from GRADCOACH: https://gradcoach.com/qualitative-data-analysis-methods/

Grand Canyon University. (2021, November 3). 5 Qualitative Research Designs and Research methods. Retrieved February 29, 2024, from Grand Canyon University: https://www.gcu.edu/blog/doctoral-journey/5-qualitative-research-designs-and-research-methods

Helpjuice. (2024, February 29). How to Create an Effecitve Standard Operating Procedure (SOP). Retrieved February 29, 2024, from Helpjuice: https://helpjuice.com/blog/standard-operating-procedure

Hokkaido Electric Power Co., Inc. (2024, February 29). Flow Chart of Standard Pricurement Procedures. Retrieved February 29, 2024 , from Hokkaido Electric Power Co., Inc: https://www.hepco.co.jp/english/procurement/chart.html

IBM Security. (2023). Cost of a Data Breach Report. Newyork: IBM. Retrieved February 28, 2024, from https://www.ibm.com/downloads/cas/E3G5JMBP

Indeed. (2022, October 1). Managing Reputation and Competitive Risk. Retrieved February 29, 2024, from Indeed: https://www.indeed.com/career-advice/career-development/how-to-manage-reputation-and-competitive-risk

Investopedia. (2022, December 5). Reputational Risk: Definition, Dangers, Causes, and Example. Retrieved February 29, 2024, from Investopedia: https://www.investopedia.com/terms/r/reputational-risk.asp#:~:text=Reputational%20risk%20is%20a%20threat,of%20an%20employee%20or%20employees

KPMG. (2024, February 29). Conduct Risk & Culture. Retrieved February 29, 2024, from KPMG: https://kpmg.com/ie/en/home/services/consulting/risk-consulting/conduct-risk-culture.html#:~:text=Conduct%20risk%20is%20broadly%20defined,market%20stability%20or%20even%20competition.

L, F. (2011). Phenomenology for Psychotherapists: researching. New York: Wiley-Blackwell, USA.

LSC America's Partner for Equal Justice. (2024, February 29). Procurment Policy Drafting 101: Guidnance for LSC Grantees. Retrieved February 2024, 2024, from LSC America's Partner for Equal Justice: https://www.lsc.gov/i-am-grantee/grantee-guidance/procurement-policy-drafting-101-guidance-lsc-grantees#:~:text=Introduction,waste%2C%20and%20abuse%20in%20purchasing.

Macneth, D. K. (2012). Contract Lifecycle Management (1st ed.). Online: Bookboon.com.

Martin Loosemore, J. R. (2006). Risk Management in Projects (2nd ed.). Abingdon: Taylor & Francis.

Moody's Analytics. (2024). The rising tide of thrid-party risk management - Surfacing risks to safeguard reputations. Online: Moody's Analytics. Retrieved February 2024 28, 2024 , from https://www.moodys.com/web/en/us/site-assets/ma-kyc-the-rising-tide-of-third-party-risk-management-report-LOWRES.pdf

Open Risk Manual. (2024, February 29). ESG Risks. Retrieved February 29, 2024, from Open Risk Manual: https://www.openriskmanual.org/wiki/ESG_Risks

Osborne, A. (2012). Risk Management Made Easy. Online: Bookboon.com.

PDfFiller. (2024, February 29). Free Contract Flowdhart Word Templates. Retrieved February 29, 2024, from PDfFiller: https://www.pdffiller.com/en/documents/flowchart/contract-flowchart.htm

Phinity Integrated Risk Management. (2024, February 28). How to Tie Together and Boost Your Third Party Risk Management Processes. Retrieved from Phinity Integrated Risk Management: https://www.phinityrisk.com/how-to-tie-together-and-boost-your-third-party-risk-management-tprm-processes/

Proofpoint. (2024, February 29). What is Compliance Risk. Retrieved February 29, 2024, from Proofpoint: https://www.proofpoint.com/us/threat-reference/compliance-risk#:~:text=Compliance%20risk%20is%20an%20organization's,protect%20people%20and%20sensitive%20data.

ResearchGate. (2024, February 29). Practical guidelines to formulate an Operational Risk Appetite Statement for Corporate Organizations" A South African Perspective. Retrieved February 29, 2024, from ResearchGate: https://www.researchgate.net/figure/Operational-risk-appetite-matrix_fig2_289844420

SafetyCulture. (2024, February 27). Why is Risk Mangement Important for Organizations. Retrieved February 27, 2024, from SafetyCulture: https://safetyculture.com/topics/risk-management/

Sagay, I. (2007). Nigerian Law of Contract (2nd ed.). Ibadan: Spectrum Books Limited.

Sagay, I. (2007). Nigerian Law of Contract (2nd Edition ed.). Ibadan: Spectrum Books Limited.

Scribbr. (2023, June 22). What is Qualitative Rsearch?| Methods & Examples. Retrieved Ferbruary 29, 2024, from Scribbr: https://www.scribbr.com/methodology/qualitative-research/

SecurityScorecard. (2024, Janaury 5). What is cybersecurity risk. Retrieved February 29, 2024, from SecurityScorecard: https://securityscorecard.com/blog/what-is-cybersecurity-risk-factors-to-consider/#:~:text=Cybersecurity%20risk%20is%20the%20potential,organization's%20digital%20systems%20and%20networks.

Simpl:learn. (2024, January 29). What is Financial Risk and Its types? Everything You Need to Know. Retrieved February 29, 2024, from Simpl:learn: https://www.simplilearn.com/financial-risk-and-types-rar131-article

Stanford Health Care. (2024, February 28). Contract Flow Chart. Retrieved from Stanford Health Care : https://stanfordhealthcare.org/content/dam/SHC/about-us/contracts/docs/TRAINING%20GUIDE%20-%20Contract%20Administration%20Flow%20Chart%20and%20Definitions.pdf

Summize. (2024, February 29). A Comprehensive Overview of Contract Checklists. Retrieved February 29, 2024 , from Summize: https://www.summize.com/contract-hub/contract-checklist

Tamara Bekefi, M. J. (2008). Managing Opportunities and Risks. Canada: The Society of Management Accountants of Candan the American Instituite of Certified Public Accountants and The Chartered Institute of Management Accountants.

TechTarget. (2024, February 29). Operational Risk. Retrieved Ferbuary 29, 2024, from TechTarget: https://www.techtarget.com/searchsecurity/definition/operational-risk#:~:text=Operational%20risk%20is%20the%20risk,that%20can%20trigger%20operational%20risk.

The University of Arizona. (2024, February 28). The Contracting Process. Retrieved February 28, 2024, from The University of Arizona: https://research.arizona.edu/administration/negotiation-and-acceptance/contracting-process

University of Houston. (2024, February 28).

Downloads

Published

2024-05-28