|
When you look up the word “forensic” in the dictionary it says that the word means “legal argument.” Specifically Webster’s on-line dictionary (http://www.m-w.com/dictionary/forensic) provides the following:
Etymology: Latin forensis public, forensic, from forum forum
1 : belonging to, used in, or suitable to courts of judicature or to public discussion and debate
2 : ARGUMENTATIVE, RHETORICAL
3 : relating to or dealing with the application of scientific knowledge to legal problems
<forensic medicine> <forensic science> <forensic pathologist> <forensic experts>
While that may be grammatically correct, the popular TV shows of today result in a public perception that the word has a different meaning. We believe that “forensic” is best defined as “deriving conclusions of past events based on present evidence.” We believe that in the contracting world this definition best suits what many of us confront every day.
Have you ever been handed a contract that someone else awarded? If you are an ACO, your entire life is built around this situation. Do you have a contract that has had every person involved in its formation or performance move on to other jobs? Have you ever been given a box of contracts to close out, knowing that the files are incomplete, final payment may not have been made, and again, there is no one left to ask? Anyone who has worked in contracting for any length of time has been confronted with this seemingly insurmountable task.
As a result Certified Contracting Solutions, LLC has adopted a service mark for “Forensic Contracting.(sm)” To us, proper administration of a contract requires that the administrator understand what has gone before in order to understand what must occur in the present. We must look at the present evidence (the incomplete file) and deduce what actually transpired in the past. Are the payment records complete? Has a proper audit been conducted? Are there receipts for the deliverables? What about the data deliverables? Has a royalty certification been provided? Are there outstanding claims? Has legal put a hold on the file? Does the file require any special record retention handling? There are countless questions that an incomplete contract file forces you to ask, and solid contract administration requires that you answer these questions or risk untold residual liability.
At CCS we use a variety of tools to conduct the necessary forensic contracting (sm) required before a contract can be closed out. These include the creation of a timeline, an index or parties (and where they might be found), a compliance matrix, and numerous other tools and techniques. When it comes to understanding what has happened during the life of a contract, no matter how old, no one can perform like CCS. And once you understand what happened, and what must still happen, only then can you put a fence around the risk represented by every contract.
|
303-726-8740