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IACCM Contract Management Forum

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Boeing
2020-07-29 17:48:12

Modular Contracting Discussion / Help Needed!

HI:

I would love to chat about your entity's experience with implementing a Modular Contracting system. From a look, feel, and integration perspective, I am part of a group running into some challenges that I believe previous experiences have probably already experienced and solved for. From a substantive standpoint, some questions about order of precedence, survival, SOW/purchase order term co-alignment and other questions.

Is anybody able to share their experience and/or willing to share a rule/bylaws document? Thanks so much!
 
 •  IACCM  •   2020-07-29 19:37:43
Hi, I would be willing to have a chat about this. I am a lawyer with more than 20 years experience and although I have not worked extensively with modular contracting, I should be able to provide some advice. Please reach out to me at pdoyle@iaccm.com.
 
 
 •   2020-07-30 15:15:47
If I understand the question correctly, it is asking about the benefits and challenges of breaking contract terms into, for example, POs/SOWs, Master Agreements, Terms of Service, Data Processing Agreements, etc. This has certainly become the norm in the technology industry allowing for multiple purchases under a single master agreement, with the added benefit of allowing companies to amend the ancillary agreements on notice or website updates. Most deal with the order of precedence by listing the agreement order. It may, however, be better to set the order based on the nature of the term, so that updates to data processing agreements take priority over all other agreements. With respect to survival, the most common approach is to extend contractual terms until the expiration of the last PO or SOW or some period following such expiration.
 
 
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