Anticipatory Breach / Repudiation
Wondering if anyone knows any good or standard Anticipatory Breach/Repudiation clauses for commercial contracts and whether if it's common to place it together with the material breach? especially the ones that favor more to buyer side.
Validity of Contract
If a buyer awards a call off contract after a framework expires (even though they started sourcing exercise prior to framework expiry), is the call off contract valid?
We are in the process to implement a Procurement, Contracts Management and Supplier Performance Management System by implementing four Oracle modules that will support our work processes (Sourcing, Procurement contracts, I Supplier portal and Supplier management). I am looking for advice/documents/tools/templates to design a balanced scorecard. Can you help?
Termination of Convenience
Please suggest the clause for Termination of convenience.
contracting for DevOps
Hi, I will be interested by understanding what shall be relevant to consider while contracting for DevOps services and what are best practices and key challenges? Thanks
Management of PoC in agreements in relation to GDPR
I have recevied a NDA where the counterparty has not included a Point of Contact (PoC) - NDA's previously received from this party always stated a PoC. They say that the General Data Protection Regulation (GDPR) prohibits them to specify a contact person in their agreements. One can only refer to a title and/or funtion. Within my organization we always state one or more PoC's as this person(s) are the ones handling any information that is classified as confidential. Has anyone discussed this issue within your organization? If so - what is your view on it? And if there is no PoC in the agreement - how can you make sure that the confidential information is handled in a proper manner?
The management of Intellectual Property Rights in Contracting has continued to grow in importance over the years. In the context of U.S. Government (DoD) contracting, whereby the Government did not pay for any development of the technical solution, my most recent experience has been that the Government has become extremely aggressive in attempting to obtain Unlimited Rights, as defined in DFAR 252.227-7013 (Rights in Technical Data - Noncommercial Items). I'm wondering if I'm simply dealing with an over-zealous Government IP attorney, or has it now become the norm? Any sharing of experiences will be greatly appreciated.
Most effective ways of using MSA templates in RfX on the buyer side
Does anyone know of models or guidelines for the most effective way to present the buyer's MSA template in the RfP process? This is for private company sourcing, not public tendering. I am a lawyer supporting the in-house procurement department of a large global company, and I see that non-lawyers have trouble finding the most effective way to deal with the legal parts of the RfP process. I would like to provide some generalized guidance instead of case-by-case. It would be helpful to have some models or examples as a starting point. For example, do you spend time to tailor the legal terms before sending the document to bidders, or wait until negotiations with the winner(s)? When is it best to include the entire contract template, and when is it best to include only mandatory clauses (code of conduct, personal data protection, etc.)? When should you allow post-award negotiation and when should you require bidders to accept T&Cs as is? Links to IACCM resources on this subject are also welcome, as I haven't found any through a search. Thank you!
Ask The Expert: The Rise of The Contract Designer - Contract Simplification and Design Explained
I like the preventive attitude to make the contract process simple for both parties. Good continuous improvement design ideas to inspire us all to start looking at how we manage our own contracts.
Hi, just wondering if anyone is currently using Oracle R12 for Contracts?
Hi, my colleagues and I are putting together a survey for our stakeholders and suppliers. the Objective is to gauge the standard of service and engagement and identify any areas for improvement. Does anyone have any suggestions of good questions to ask of these audiences please?