EVENT DATE

August 05, 2020

Duration

90 min

PRESENTED BY

Kenneth Jones


Drafting Contracts for Procurement Professionals
Trending 08/05/2020

This webinar is geared to informing participants about important terms and conditions to know when drafting a contract for your organization. This is presented from a pier perspective based on years of experience drafting contracts and not a legal review presentation by an Attorney. Understanding the terms of a contract is especially important when problems arise with a contractor or with organizational priorities. The object of the webinar is to make you a better advocate for your organization when contracting with a vendor. Sample language will be reviewed that may assist you in strengthening the next contract you are required to draft.

Gain an understanding of the documents and section types necessary to draft a procurement contract. Learn terms that may impact your contract and your employer. Get a head start on what to look out for in a common vendor agreement. Discover what terms to include to strengthen the position of your company or agency. Gain an understanding of what terms may be considered deal breakers vs. a business decision. Receive information on the importance of terms to be used to prevent being held hostage by an underperforming vendor under contract. Use clauses to prevent getting locked into a bad contract. Learn about tools to control cost escalations.


Webinar Objectives

Learn terms that may impact your contract and your employer. Get a head start on what to look out for in a common vendor agreement. Discover what terms to include to strengthen the position of your company or agency. Gain an understanding of what terms may be considered deal breakers vs. a business decision. Receive information on the importance of terms to be used to prevent being held hostage by an underperforming vendor under contract.


Webinar Agenda

  • Preamble
  • Procurement Documents as Attachments
  • Scope of Work
  • Payment Terms
  • Term Dates and Renewals
  • Escalation Clauses
  • Termination Clauses
      o    For Cause
      o    For Convenience
  • Jurisdiction
  • Arbitration
  • Insurance
  • Bonding
  • Indemnification
  • Direct Damages
  • Indirect Damages
  • Terms to Avoid
  • General Terms and Conditions of Your Organization
  • Final Agreement Between the Parties
  • Independent Contractor Provision
  • Waiver of Enforcement
  • Responsibility of the Contractor
     o    Determination
     o    Written Notice
     o    Suspension
     o    Ability to Cancel
     o    Replacing the Contractor
  • Penalty Clauses
  • Order of Precedence
  • Contract Draft Legal Review
  • Signatures Notarized
  • Attachments/Exhibits
  • Contract Amendments
  • Contract Administration

Webinar Highlights

  • How to draft the Contract
  • What attachments to include
  • Defining Terms
  • Reducing your organization’s risks
  • Responsibility of the parties
  • Dispute resolution
  • Terms to avoid
  • Payment Terms
  • Penalty Clauses
  • Managing the contract

Who should Attend

  • Purchasing Agents
  • Account Managers
  • Contract Officers
  • Buyers
  • Procurement Officers
  • Administrators
  • Counsel

Speaker

Webinar Planet Speaker Kenneth Jones

Kenneth Jones

Ken Jones has been working in the public and non-profit procurement field for over 30 years. He worked for the New York State Office of Taxation and Finance as a Purchasing Assistant from 1985-87 and left there to work for the University at Albany, SUNY where he served as a Purchasing Agent and in 1999 was the Assistant Director supervising and providing training for the Office of Purchasing and Contracts. This included proving training for both State procurement and The Research Foundation for SUNY procurement rules and regulations. His previous purchasing experience included procuring commodities, services and construction for the departments on campus including the Student Health Center and Athletic Training Departments. A past Director of the SUNY Purchasing Association, Ken retired from the position of Assistant Director in January of 2014. However he was requested to continue to assist the office through the end of 2014. Currently Ken works part time for the SUNY Center for International Development as a Procurement Specialist assisting primarily with their program in Kenya, Africa. Ken recently was hired part time to review procurements for the University at Albany, SUNY Office of State Purchasing. Ken has trained many University staff on procurement rules and regulations. He established online ordering processes with vendors ranging from Office supplies to Lab chemicals and continues to provide training in his current position to procurement staff in Nairobi, Kenya. Ken has presented on various procurement topics both in person and on the Web.