Upcoming Webinars
Access the latest trends and insights shaping the profession—free for members.
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This learning path helps public procurement professionals build essential legal knowledge to navigate contracting with confidence. Through four engaging sessions, participants will explore the plain meaning of key contract clauses, negotiation strategies, the pros and cons of various contract termination options, and the discretion to waive procurement informalities. Each session provides practical insights and real-world applications to help participants interpret legal terms, assess risks, and make informed decisions that align with agency objectives.
Speakers: Kirk Buffington, Jon Walton, and Jodi Hart
Session 1: Understanding and Demystifying Key Contract Clauses
This session provides participants with a deep dive into commonly encountered contract clauses, such as indemnity, sovereign immunity, governing law, and force majeure. Participants will learn how to interpret these clauses in plain language and understand their impact on risk allocation.
Learning Objectives:
- Translate complex legal terms into plain language to ensure transparency and mutual understanding.
- Identify and explain the function of key contractual clauses in public procurement.
Session 2: Customizing Contract Clauses for Better Outcomes
Public entities often work within pre-drafted contract templates, but some clauses can be negotiated or modified to better align with agency goals and risk tolerance. This session will explore when and how to negotiate contract terms such as indemnification, intellectual property rights, and confidentiality. Participants will engage in interactive exercises where they evaluate examples of indemnity, intellectual property rights, governing law, and other situational clauses to determine their fairness, potential burdens, and insurability issues. Additionally, participants will identify and propose modifications to standard contract clauses.
Learning Objectives:
- Identify key contract clauses that may be subject to negotiation in public procurement.
- Evaluate the benefits and risks of modifying specific contractual terms.
Session 3: Exploring Contract Termination – Navigating Methods, Conditions, and Risks
Contract termination can be technical, but it does not have to be scary. This session will explore different types of contract termination, including termination for cause, termination for convenience, and mutual termination. Through real-world examples, participants will learn the skills to make informed decisions and mitigate risks regarding contract termination. Join us to build your confidence in managing contract terminations and avoid costly mistakes.
Learning Objectives:
- Identify the different contract termination types and their appropriate applications.
- Weigh the operational and legal implications of terminating a contract.
- Gain practical strategies to mitigate risks associated with contract termination decisions.
Session 4: Evaluating Informalities and Waivers in Public Procurement
Government entities often have discretion in waiving minor informalities in procurement decisions. This session will explore the legal boundaries of agency discretion by reviewing key case law examples and best practices for waiver decisions. Participants will engage in scenario-based discussions and determine when it is in an agency’s best interest to waive a minor informality or enforce strict compliance.
Learning Objectives:
- Analyze relevant case law to determine when waiving a minor informality is legally permissible.
- Evaluate agency discretion in procurement decisions and its impact on fairness and compliance.
- Apply judgment in deciding whether to waive minor irregularities in procurement decisions.
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