Contracts and Compliance Manager
This individual works cross-functionally with all areas including marketing, finance, business development, supply chain, engineering, facilities and manufacturing to review, draft, and negotiate customer and supplier contracts which meet company and legal requirements. This includes identifying, assessing and assisting in risk management, developing strategy for contracts/agreements and negotiations, preparing and maintaining contractual documentation, analyzing contractual terms and conditions, developing and coordinating company position, advising management of contractual rights and obligations. This individual also maintains records and approvals relating to government and commercial quote responses, government and commercial contract and pricing negotiations, and related contract compliance. Contracts and Compliance Manager is also responsible for specialized compliance efforts for the company as they relate to complex analytic regulatory requirements and programs. Conducts detailed analysis of existing/proposed regulation and industry practices, and develops & implements processes to meet these requirements.
FUNCTIONS AND RESPONSIBILITIES:
Critical strategic objectives:
- Manages and is accountable for the performance of assigned contracts and programs. Develops negotiation strategy. Leads both complex and routine negotiations and ensures coordination within and across internal teams. May lead multi-divisional contract negotiations.
- Provides knowledge of division systems, products, and services and understanding of division goals and strategies in developing contracts and supporting proposals. Leads the Division contracts function by effectively implementing and following through on strategic initiatives.
- Develops and administers processes for efficiently managing routine agreements, such as non-disclosure agreements and supply agreements, for the division.
- Leads team in performing analysis, interpretation, investigation, and research of complex contractual information. Advises team and leadership on contract interpretation and in developing solutions and formal recommendations.
- Evaluates the company’s contractual risk in terms of cost exposure (e.g. compensation of damages/costs associated with performance); establishes review processes to mitigate risk during contract performance. Manages contractual change control process (e.g. in accordance with the program management change control procedures). Ensures an effective flow-down of contract requirements, working in collaboration with the division supply chain and quality functions.
- Develops, mentors, and establishes direction for functional team and direct reports.
- Investigates and resolves compliance problems and responds to questions from internal or customer sources and government regulatory agencies. May draft or prepare responses.
- Maintains and coordinates contacts with Marketing and Supply Chain teams. Analyzes problem/opportunity areas, structures data-gathering and evaluation of internal processes, and coordinates responses.
- Coordinates training and business meetings to facilitate the exchange of information on contract review. Develops and implements programs to increase cross-functional knowledge and awareness of contracting requirements and policies as needed.
- Analyzes new law, regulation and contract trends for potential impact on company or department goals and objectives related to contract activity.
- Develops and implements government and commercial contract management compliance Divisional policies and procedures, and monitors ongoing compliance.
- Advises on compliance risks and develop and implement controls to mitigiate compliance risks.
- Develops new processes/procedures to support customer requirements and align with company policies and objective. This includes developing and conducting training for other departments.
- Interacts on a regular basis with all levels of management, personnel and customers including executives, senior leadership, regulators, auditors and government officials.
Tactical Functions:
- Analyzes contract requirements, terms and conditions to review for compliance with appropriate laws, regulations and company processes and procedures.
- Drafts and negotiates contractual documents/agreements.
- Acts as a liaison with all departments to facilitate the contract life cycle from need identification, through drafting review, negotiation and approval, to execution and performance to completion and close out in accordance with company processes and procedures.
- Reviews and approves pricing for new contract agreements and modifications.
- Reviews terms and conditions associated with quotes, support preparation of responses in conjunction with the functional area for proposals/quotes and contract modifications (both routine and complex specialized/non-routine responses).
- Assists in developing strategy including pricing and terms reviews for quotes and contract agreements, evaluates and advises for protection of company interests and intellectual property.
- Communicates contract processes and procedures to internal teams.
- Administers negotiation/contract documentation and maintain contract records.
- Reviews, edits, and supports policy, process and guideline changes to maintain compliance business processes within legal and regulatory requirements and industry compliance programs; this includes ITAR and Trade Regulations.
- Provides internal and external audit assistance as required
Required Skills
QUALIFICATIONS AND SKILL REQUIREMENTS:
- Bachelor’s degree (BA) in Business Administration or a related discipline with 8 or more years of related experience, including 4 years in leadership and/or project lead role.
- Demonstrated leadership of multiple contracts of varying complexity and scope.
- In-depth knowledge and understanding of the contract management processes and all contract types. A strong understanding of contracting principles, practices, rules, regulations and procedures of government/defense, including the laws and regulations governing federal, commercial and international business transactions and government property management, i.e., federal and defense acquisition regulations (FAR/DFAR), applicable export regulations (ITAR/EAR); from solicitation and contract award through contract closeout.
- Able to lead creation of new processes and process improvements; able to oversee/conduct training and rollout efforts to institutionalize process improvements.
- Strong negotiating skills and the ability to exercise sound business judgment and discretion is critical.
- Comprehensive knowledge of legal principles and ability to identify high-risk terms; understanding of the impact of key terms to flow down. Able to quickly identify and address critical issues on programs and contracts and lead the team to develop action plan to improve performance.
- Ability to explain legal principles and risk issues and associated recommendations to key stakeholders.
- Demonstrated ability to create strong partnerships with internal stakeholders and as appropriate, contract customers, end use customers, and suppliers.
- Detailed knowledge of source selection / evaluation processes including cost and price analysis
- Detailed knowledge and thorough understanding of proper drafting, negotiation and use of contracts, subcontracts, P.O.’s and other forms of agreements
- Familiarity with general business operations and management functions and principles (business development, finance/accounting, operations, information technology)
- Ability to interact professionally and effectively at all levels of the organization and able to respond to significant inquiries from customers, regulatory agencies, or other teams.
- Excellent written, verbal and presentation skills, able to effectively communicate and present status, actions, recommendations, and other technical information with clarity and precision.
- Effectively uses current information technology, systems, and business applications related to contracting and customer/supplier interface; is proficient with standard software (e.g. Microsoft Office), ERP, project management and database analysis tools.
PREFERRED:
- Advanced degree (MS/MBA/JD)
- Contracts management certification and/or program management certification
Required Experience