Procurement Contracting

Procurement Contracting: One Day Seminar

Understanding procurement and contract law has become an essential part of conducting our daily business and purchasing functions.

Your ability to ensure that you get what your organization contracted for, and keep out of legal disputes depends on your knowledge of purchasing law, contract law and how to read, understand, write and modify contracts.

Now you can learn important principles from an instructor who takes the “legal mumbo jumbo” out of dealing with contracts and the law. Attorney Leslie Marell works daily with purchasing and sales professionals. She won’t discuss mere theory with you. She’ll give you many practical tips, techniques and examples to enable you to write clearer/ better contracts and purchase orders and deal more effectively with your suppliers. Leslie has a unique method of teaching a dry subject in an entertaining, informative and easy to understand manner.

Whether you’ve been working with contracts for several months or many years, you’ll walk away with greater knowledge and practical tips you can put to use immediately.  You will learn how to more effectively work with your internal customers, your own legal department, your supplier and better prepare for negotiations to help you feel more comfortable and confident.

You will also receive a manual which contains approximately 200 pages of valuable material including detailed explanations and examples of countless procurement and contract principles, sample clauses from both the buyer and seller perspectives, clause explanations, and contracts.

AGENDA

Introduction to Contract and Business Law Terminology

  • Explanation of Consequential and Incidental Damages, Remedies at Law, Limitations of Liabilities, Warranties: Express and Implied, Disclaimers, Indemnification and Insurance
  • Example clauses

Fighting the “Battle of the Forms”

  • Guidelines in “fighting the battle”
  • Key language to include in your PO
  • Real world approaches and suggestions to avoid disputes and “win” the battle

Learn the “art” of reading a Contract and how to identify the Major Issues

  • A global approach to reviewing/ negotiating your Contract:
  • Focusing on the important issues
  • Class Exercise reading Contracts to demonstrate the process

Discussion of the FOUR most Contentious Contract Clauses

  • Limitations of Liabilities; Warranties; Indemnity; Ownership of the Intellectual Property
  • In depth review of these clauses from both Buyer and Seller perspectives
  • Emphasis on understanding the underlying issues and why the Seller takes its position
  • Approaches and techniques to negotiating these clauses

Fundamentals of Reviewing/ Writing a Contract

  • Taking the fear out of reviewing/ writing a contract
  • Step by step approach for reading/ understanding the clauses, including the Indemnity clause!
  • Guidelines for writing clauses and putting together of contract (if you are required)

Essentials of the Major Contract Areas:  A main component of the Manual

  • The manual identifies TEN significant areas common to every contract
  • Each area is explained in detail in the manual, giving both the Buyer perspective and Seller perspective
  • Included are:
  • Sample Buyer clauses with explanations
  • Sample Seller clauses with explanations
  • Clear-cut example clauses for: statement of work, warranties, breach, termination, damages, indemnification, insurance and boilerplate

Working with Legal

  • What not to do: Hint:  Don’t just throw the contract over to Legal/ Contracts
  • What to do before you give your contract to Legal/ Contracts
  • Creating a better working relationship with Legal to get faster advice.

Class Workshops: Hands-on Experience in Reviewing Seller’s Objections, Seller Contracts, and writing a clause

  • Read and critique Seller’s clauses and contracts
  • Class discussion of approaches to responding to the Seller’s clause
  • Learn to write clauses

Building and Using Contract Forms

  • Learn how to use checklists and forms provided
  • The importance of building form file of contracts
  • Customizing your contract before providing to your supplier

Techniques of Effective Negotiating

  • Approaching/ Preparing for the Negotiation
  • Establishing objectives
  • Tips to effective Negotiation