Your organization probably has standard requirements and templates for consulting contracts. Generally speaking, the contract needs to clarify:
Who will perform the evaluation tasks, the level of contact and expectations about communication between the evaluator(s) and the funder and/or the project/program (such as formal meetings, written progress updates etc.), specific milestones and/or deliverables, and time frames;
Agreed total cost (with or without specific costing categories such as professional fees, travel, materials) and payment schedules;
Who owns the evaluation information and to whom it can be released (including the data, the reports and any other types of publications including in professional journals); and,
Any legal issues such amendments to the contract, resolving disputes or conditions for terminating the contract.
The ToR can be used as the basis for a contract with the external evaluator(s).
Any negotiations between the consultant and the commissioning organization are best left to the contracting specialist and the project manager. It is useful if the evaluation manager knows if there were particularly contentious issues, but she/he should not be involved in negotiations as this may complicate her/his relationship with the consultant during the evaluation process.
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Prepare the contract. (n.d.). Retrieved January 24, 2017, from http://betterevaluation.org/en/node/5291