4984 version 4
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Negotiate and agree telecommunications contracts and agreements for
telecommunications operations
Level
5
Credits
10
Purpose
This unit standard is for people who currently are, or will be, negotiating
contracts and agreements at an entry level.
People assessed as competent in this unit are able to prepare for contract
negotiations as specified in the General Range, participate in negotiations,
reach agreements with other parties, and evaluate the negotiation process.
Subfield
Telecommunications
Domain
Telecommunications - Management and Operational
Support
Status
Registered
Status date
28 July 1995
Date version published
25 January 2008
Planned review date
31 December 2012
Entry information
Open.
Accreditation
Evaluation of documentation and visit by NZQA, industry
and teaching professional in the same field from another
provider.
Standard setting body (SSB)
ElectroTechnology Industry Training Organisation
Accreditation and Moderation Action Plan (AMAP) reference
0003
This AMAP can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Special notes
1
Applicable legislation
Privacy Act 1993, Fair Trading Ac 1986, Human Rights Act 1993.
2
General Range
Contracts: binding, non-binding, material supply, service, sales, call off, company or
preferred vendor.
Contracts and agreements: hire purchase, interconnect, rental, leasing.
 New Zealand Qualifications Authority 2016
4984 version 4
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Elements and performance criteria
Element 1
Draft contracts and agreements.
Performance criteria
1.1
Formal authority to negotiate and agree contract and agreements on behalf of
the organisation is obtained and documented.
1.2
Draft contract or agreement is prepared, identifies contracting parties, and
includes purpose, scope, objectives, and outcomes.
1.3
Draft contract or agreement includes methodology, timeframe, quality standards
to be applied, resources to be used, and cost and payment terms.
1.4
Draft contract or agreement specifies responsibilities of contracting parties,
termination process, and dispute procedures.
1.5
Draft contract or agreement includes standard legal clauses.
Range
1.6
Draft contract complies with relevant legislation and agreements.
Range
1.7
as required and in agreement with nominated lawyer acting for
organisation.
Privacy Act 1993, Fair Trading Ac 1986, Human Rights Act 1993,
equal opportunity law, contract law; standard property leases,
corporate contracts.
Draft document is dated, pages and paragraphs numbered, and heading and
indices guide readers to particular clauses with ease.
Element 2
Negotiate contracts and agreements.
Performance criteria
2.1
Draft contract or agreement is submitted to contracting parties in advance of
meeting in time for parties to give considered response to document.
 New Zealand Qualifications Authority 2016
4984 version 4
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2.2
Prior to meeting, bargaining range and fallback positions are identified and
agreed with internal authorities and not disclosed to other contracting parties.
Range
meeting – negotiating one-to-one, one-to-many, many-to-one,
many to many;
bargaining and fallback positions – minimum settlement points,
identification of contract clauses which may not or may be varied
and by how much, variations in procedures, methodologies,
resources, price to those put forward;
internal authorities – management who have the authority to
endorse contract on behalf of the organisation.
2.3
Draft contract or agreement and its terms are understood and can be justified in
regard to the organisation’s position as a contracting party.
2.4
Prior to meeting, bargaining strengths and weaknesses of other contracting
parties are identified and strategies for dealing with objections are agreed.
Range
2.5
strategies – offers, counter offers, alternative courses of action,
options.
Negotiation meeting is conducted on a win-win basis with opinions of all
contracting parties solicited and considered.
Range
win-win basis – negotiations and situations which consider every
contributing party’s contribution and viewpoint equally, procedures
and methods which lead to solutions which satisfy every party
equally.
2.6
Negotiations are courteous, calm, and fair, and arguments presented are based
on fact.
2.7
Agreement which is satisfactory to all contracting parties is achieved.
Element 3
Execute contract or agreement and evaluate negotiation process.
Performance criteria
3.1
Contracts or agreements submitted for signature are based on draft contracts
and agreements and reflect outcomes of negotiations.
3.2
Contracts or agreements are accurate and complete.
3.3
Contract or agreement documents are produced on quality white paper and are
bound.
Range
quality paper – no less than 100 gsm, A4 size;
bound – spiral, glued, stapled, ribboned.
 New Zealand Qualifications Authority 2016
4984 version 4
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3.4
Authorised signatures appear on an original document for each contracting
party in the correct place, and initials of authorised signatory appear next to
alterations to the typewritten text and on each page.
3.5
Contracts or agreements are executed according to company law.
3.6
Organisation signatory signs in blue or black ink.
3.7
Each contracting party holds contract document bearing original signatures, and
copies are available to authorised users on request.
3.8
Wording and presentation of contract or agreement document cause no dispute
on signing or during contract implementation.
3.9
Contract or agreement document and contract or agreement process are
confirmed as fair by contracting parties, and opportunities for similar repeat
business are not compromised by process followed.
Please note
Providers must be accredited by NZQA, or an inter-institutional body with delegated
authority for quality assurance, before they can report credits from assessment against
unit standards or deliver courses of study leading to that assessment.
Industry Training Organisations must be accredited by NZQA before they can register
credits from assessment against unit standards.
Accredited providers and Industry Training Organisations assessing against unit standards
must engage with the moderation system that applies to those standards.
Accreditation requirements and an outline of the moderation system that applies to this
standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The
AMAP also includes useful information about special requirements for organisations
wishing to develop education and training programmes, such as minimum qualifications for
tutors and assessors, and special resource requirements.
Comments on this unit standard
Please contact the ElectroTechnology Industry Training Organisation
reviewcomments@etito.co.nz if you wish to suggest changes to the content of this unit
standard.
 New Zealand Qualifications Authority 2016