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Drafting Contracts and Writing Scope of Work

Overview:

Introduction:

This course relies on the use of individual and group exercises aimed at helping participants learn all key contract management activities. The course also features the use of a number of case studies, presentations, and role-plays by participants, followed by discussions. In addition, this course incorporates pre-and post-testing.

Course Objectives:

At the end of this course the participants will be able to:

  • Identify the essential elements of a contract and recognize the importance of the scope of work
  • Outline the objectives of a contractual relationship and leverage them into requirements needed to develop the scope of work
  • Plan and prepare a solid scope of work using outlines and templates
  • Define contract building blocks and draft simple contract provisions
  • Write the narrative of a contract as well as different contract parts using best practices
  • Evaluate the impact of negotiating contracts on a well-written scope of work in the pre-award phase

Targeted Audience:

Personnel involved in drafting the scope of work and negotiating contract terms in order to ensure contract requirements are properly captured. 

Course Outlines:

Unit 1: Overview:

  • Defining contracts
  • Elements of contracts
  • Purpose of contracting
  • Defining rights and obligations
  • Defining the scope of work
  • How to develop the scope

Unit 2: Planning Scope of Work:

  • Types of the scope of work
  • Tools and techniques used to plan the scope of work
    • Gathering requirements
    • Work breakdown structure
    • Product breakdown structure
    • Risk management and the scope of work
  • Outlining the scope of the work planning process

Unit 3: Developing the Scope of Work:

  • Basic requirements of a scope of work
  • How to develop the scope?
  • Topics which must be included in the scope of work
  • Scope of work formats
  • Rules of the scope of work writing
  • Drafting fundamentals
  • Principles of good writing
    • Framing your thoughts
    • Phrasing your sentences
    • Choosing your words

Unit 4: Contract Building Blocks:

  • Representations and warranties
  • Covenants and promises
  • Rights and obligations
  • Conditions to obligations
  • Discretionary authority
  • Declarations and facts

Unit 5: Contract Drafting Fundamentals:

  • Drafting with or without precedent
  • Drafting contract parts:
    • Introductory provisions
    • Definitions and defined terms
    • Action sections
    • Other substantive business provisions
    • Endgame provisions
    • General provisions
    • Signature lines

Unit 6: Negotiation and Drafting:

  • Contract development and negotiation
  • Price versus risk
  • Negotiation process

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