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