
Novo Nordisk
2019-06-24 13:14:00
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!
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!