Part A: Business Contract Proposal
As a ‘project team’, select an organisation that you are familiar with to brainstorm what business partners the organisation need to establish and conduct relationships with to sustain business.
1.Select two (2) business partners from the list below to draft contract proposal (one for each) for a product/service that is required for your organisational operation.
Business partners may include the following:
cooperative partner with organisation
2.Write a two (2) page reflection report to discuss how you would go about conducting and maintaining business relationships with them.
Your reflection report should include the following:
a.Reason your select these two (2) business partners
b.List any organisational protocols or requirements for establishing relationships
c.Effective communications skills and techniques required to build and nurture these relationships
d.How you could proactively take up opportunities to maintain contact, review and provide feedback with these business partners.
e.Take ownership to honour the agreement and comply with agreed KPIs
f.Consult and make changes to agreement and update stakeholders on changes.
3.Your contract proposal for each business partner should include the following contractual contents:
a.Name of the Parties (Business name/Company name/ABN number/Address for both the parties)
b.Contact Person and Details – for both the parties
c.Contract Start and End Date – mutually agreed by both the parties
d.What the contract is about (Goods or Services) – outlines the goods or services that are offered by each respective party to the other.
e.Payment Terms – mutually agreed by both parties (may include deposit, pre-payment, instalment, part payments)
f.Obligations (of both the parties) – role, responsibility, accountability, expectations, specifications
g.Other clauses - each party to specify if any (resources – example equipment, facilities)
h.Special Conditions - each party to specify if any (example – Licence, permits)
i.Insurances – (example public liability, workers compensations)
j.Confidentiality – respecting each parties service level
k.Warranties - each party to specify if any
Business Partners for Royal Melbourne Hospital
In this paper, the selected organization is Royal Melbourne Hospital and the potential business partners to support sustainability of the business organization are customers and suppliers. Royal Melbourne Hospital is an Australian’s leading public hospitals which are focused on tertiary of the healthcare with reputation in the clinical research. A reflection report is provided about conducting as well as maintaining the business relationships with the customers and suppliers. A contract proposal is provided for each business partners which is included contractual contents helps to maintain sustainability in the business.
The selected business partners are included customers and suppliers for the product and services required for the organizational operation.
- The customers are selected as business partner as they can bring skills as well as experience to the business of hospitability industry. They can offer resources as well as credibility to the business of Royal Melbourne Hospital. The suppliers can selected as business partners as they can make sure of quality and availability of the products and services that Royal Melbourne Hospital provides to their customers.
- Two of the organizational protocols and requirements to build and establish relationships with the customers and suppliers are communication and feedback. As a key to the good relations, the communication is a required way to build the relationships with the customers and suppliers. Promotion of business and listening to the customer’s requirements are also important (Zhang et al.2016). Customer feedback is also taken to gather information about good and bad opinion about the hospitability business. Supplier feedback is taken to communicate with the supplier focused on provided procurement processes.
- Effective communications skills and techniques required building and nurture these relationships are maintaining positive attitudes and exceed the expectations related to hospitality services. Royal Melbourne Hospital encourages development of positive relations between the managers and customers and suppliers. The business can foster positive workplace relations by creating stronger mission statement along with team based environment (Shang and Yang 2015). The mission statement should outline the purpose of the hospitality business.
- The opportunities are taken to maintain contract, review and provide feedback with the customers and suppliers are surveys, feedback using interview, and user activity and usability tests. Valuable feedback is valuable information in the hospitality industry to make decisions. It is important to highlight weaknesses and strengths of the selected business organization (Cleary 2016). The contract manager review contract terms as well as conditions require maintaining effective business operational functions.
- The customers take the ownership to honour agreement and comply with agree KPI. The ordered product should meet with the agreed customer’s specifications and the product is delivered at documentation (quality inspection and delivery docket). The sustainable roadmap can provide access to reliable and unbiased resources which help the organization to build relationships and sustainable practices in the healthcare industry (Allison and Vorst 2016).
Service level agreement is a common feature in the longer term supply and service agreements. The suppliers take the ownership to honour service level agreement and comply with agree KPI As per the suppliers, the products are delivered at two working days and before the date scheduled in order (Kennedy 2017). The quantity which is delivered is quantity set out in order plus or minus 5%.
- When there are making changes in the service level agreement in the business organization, then both the business partners such as customers and suppliers are updated on the project changes. The stakeholders are also updated on changes which can break in addition to success of the project. They can sign off the project and accept responsibility for the project decisions (Brett 2017). There is identification and tracking of customer’s needs and expectations to provide feedback on planned developments.
- Name of the parties: Royal Melbourne Hospital, 300 Grattan Street (corner of Royal Parade), Parkville, Victoria 3050 Australia.
- Contract person and details: John Smith, +61-78933990
- Contract start and end date: The start date is 10/9/2016 and end date is 12/29/2018.
- The contract is about hospitality services which the customers received from the Royal Melbourne Hospital.
- Payment terms: The payment options are deposit, pre-payment. The deposit is a part of the total amount for the clinical services and pre-payment covers full cost.
- Obligations: In the healthcare industry, the customers are the patients those are vital to receive high quality and satisfying clinical services from business organizations. The customers can interact with the contractor to get information to address enquiries focused on clinical products plus services (Aydogan et al. 2017). Accountability is being mediated throughout customer choices of the service providers. The customers are expected to get best healthcare services from healthcare providers. Based on the healthcare specifications, the services are acceptable and meet with the customer’s expectations.
- Other clauses: There is requirement of healthcare equipments and healthcare facilities.
- Special conditions: The business is under terms of Creative Commons Attribution License which can permit unrestricted use, reproduction plus distribution of any medium.
- Insurances: Public liability
- Confidentiality: The healthcare providers should keep the personal health related private information of the customers confidential unless consent to release information offered by the customer.
- Warranties: Not applicable
- Exclusive clause: Not applicable
- Arbitration/Dispute resolution: Disputes over the healthcare issues can extend traditional lawsuits among the customers and physicians. Most of the contracts provide mandatory binding arbitration clauses.
- Cancellation/termination: Termination occurred when either of the party can put an end to contract other than contract breach (Sklaroff 2017). Cancellation puts end to contract by discharging other part from the obligations as the customers have breached and defaulted.
- Dated and signatures of authorized personnel: 1/4/2019, John Smith.
- Name of the parties: Cerner Australia, 14/1 Pacific Hwy, North Sydney NSW 2060, Australia.
- Contract person and details: Andy Annabel, +61-57908937
- Contract start and end date: The start date is 12/3/2017 and end date is 8/10/2018.
- The contract is about hospitality services.
- Payment terms: The suppliers are paid in installments using the terms of payment.
- Obligations: The role is as supplier and its responsibilities are direct contact with the customers. They can provide Royal Melbourne Hospital with goods and services. They are accountable for verifying the vendor performance (Druckman and Wagner 2015). The supplier expectations ensure that healthcare goods as well as services are at highest standards.
- Other clauses: The healthcare facilities such as clinics, specialized and outpatient care centers.
- Special conditions: Not applicable
- Insurances: Worker Compensation
- Confidentiality: Intellectual property ownership and license grants
- Warranties: Not applicable
- Exclusive clause: Not applicable
- Arbitration/Dispute resolution: Contracting the suppliers and collecting records of conversation is key significant step in dispute resolution (Klijn and Koppenjan 2016).
- Cancellation/termination: There is cancellation by mutual consent and contract breach.
- Dated and signatures of authorized personnel: 09/02/2019, Andy Annabel.
The Project Manager,
Subject: Negotiation of the contract of Royal Melbourne Hospital.
I am here writing this letter to highlight the contract work of the Royal Melbourne Hospital to the agency as the second party provides us with a deadline by 2019 from now with a budget is to be estimated as $250,0000. The requisite for the total amount for the construction work is to be delivered to the agency in five equal installments.
And, if there are any possibilities of delay to the work as well as impediments to the work accounted for the fault from side of agency, then they are expected to bear the losses.
5 Steps process
Post meeting follow-up
Preparation - Prepare effectively
Identification of potential value of the healthcare services and develop fact-base
Know about the negotiation strategies
Preparation of SWOT analysis
Analysing the pre-meeting questions
Compromise and agreement is reached while avoiding of argument as well as dispute
Clarification - Understand the needs & interests of all parties involved
Discover and create business value, assess the interests and building trust
Setting of negotiation agenda
Building a project team
Probing is taking place at open ended questions such as what is exact timeframe we are looking, what are issues shall take up and how it shall be proceed.
Exchange of opinions and persuasion- conclude better agreements through creativity
Expansion of business value
Introductions are made, exchange of pleasantries and noted of names and backgrounds
Negotiations are started at friendly note while there are professional approaches.
Encourage movement - Identify potential barriers or hindrances to the engagement
Strengthen the business relations
When both the parties are in tough negotiations, then deliberations are a challenge and the process becomes slow.
Both the parties can take longer break as well as meet with later date of scheduled contract time.
Completing the deal - Adopt a collaborative approach to ensuring trust, rapport and long term gains
The parties can understand purpose of negotiation
Coming to stage of settlement and agreement
Sign off the documentation and service level agreement
Allison, G.A. and Vorst, M.A., DotLoop LLC, 2016. Interactive real estate contract and negotiation tool. U.S. Patent 9,330,375.
Aydo?an, R., Festen, D., Hindriks, K.V. and Jonker, C.M., 2017. Alternating offers protocols for multilateral negotiation. In Modern Approaches to Agent-based Complex Automated Negotiation (pp. 153-167). Springer, Cham.
Brett, J.M., 2017. Culture and negotiation strategy. Journal of Business & Industrial Marketing, 32(4), pp.587-590.
Cleary, P.J., 2016. The negotiation handbook. Routledge.
Druckman, D. and Wagner, L.M., 2016. Justice and negotiation. Annual review of psychology, 67.
Kennedy, G., 2017. Strategic negotiation. Routledge.
Klijn, E.H. and Koppenjan, J., 2016. The impact of contract characteristics on the performance of public–private partnerships (PPPs). Public Money & Management, 36(6), pp.455-462.
Shang, W. and Yang, L., 2015. Contract negotiation and risk preferences in dual-channel supply chain coordination. International Journal of Production Research, 53(16), pp.4837-4856.
Sklaroff, J.M., 2017. Smart contracts and the cost of inflexibility. U. Pa. L. Rev., 166, p.263.
Zhang, S.B., Fu, Y.F., Gao, Y. and Zheng, X.D., 2016. Influence of trust and contract on dispute negotiation behavioral strategy in construction subcontracting. Journal of Management in Engineering, 32(4), p.04016001.
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