Goals
- Acquire good practices for negotiating and drafting IT contracts
Program
Definition of the context, objectives and expression of needs Associated
contractual and operational documents: call for tenders, specifications, …
Supplier selection process
Roles and responsibilities of consultants (project management assistants, …)
Negotiation and competitive
bidding techniques Preliminary contracts and preamble of the future contract
Contract architecture:
– Single contract / framework contract and application contracts
– Co-contracting / subcontracting
– Project management / project management
– Outsourcing (offshore, etc.)
General composition, headings (technical, legal, financial )
Parts of the contract: powers, representation, third parties (subcontractors, beneficiaries, etc.)
Legal framework: law of the contract, social and fiscal implications
Role of the preamble, object of the contract and scope of the project
Determination of the price, duration of the contract (principles, timetable: penalty / penalty)
Ideas received on the obligation of result / obligation of means
Problem of intellectual property rights (copyright, patents, etc.)
Legal and contractual guarantees
Traps relating to limits of liability
Management of the execution of the contract (budget, schedule or scope)
Impact of the decisions of the operational committees, anticipations
Resolution, termination, expiration
Positioning in a crisis
Management of disputes, litigation
Working methods : fixed price / management
Duration / Calendar
Collaboration of the client’s staff
Receipt methods
Definition of responsibilities
Specific
sections License constraints: perpetual, multi-year, free, …
Contractual rights / limits of use
Role of maintenance in relation to guarantees
Traps to avoid: publisher’s sustainability, integrator / publisher links …
Supply of the software through a service (Software as a Service)
Types of outsourcing (infrastructures, applications, BPO, …)
New contractual arrangements possible (multisourcing, …)
Transition and transfer of personnel
Reversibility
Service Level Agreement
Duration
2 days
Price
£ 2138
Audience
Project owners, contractors, commercial and legal consultants
Prerequisites
None
Reference
GES311-F
Sessions
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