Technology

Contracting Skills

6-Week Hands-On Coaching Program (Online)

Learn how to negotiate and create powerful technology acquisition agreements and maximize your organization's leverage with service providers and consultants.

How to Mitigate the Risks Involved in Today's Ever-Changing Technology Contracting?

The acquisition of information technology solutions (hardware, software, software as a service, business process outsourcing, telephony, and technical consulting) nearly always requires forming a written contract to mitigate risks for both the provider and customer. The complexity of technology contracting is increasing dramatically with key changes in solution delivery. Without a sophisticated understanding of new risks, you could be caught off guard in these critical negotiations.

Download the PDF Brochure to learn how this program can help you in your procurement, contracting, or technology roles.

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Here's How Our 3-Step Coaching Process Can Help You

The program progresses through six weeks of interactive instruction, supporting each of the following value-added aspects taught by your coach, Mark Trowbridge CPSM, C.P.M., MCIPS:

Learn Innovative Trends in Technology Contracting

We will teach you the latest trends in technology contract formation and construction and how they are used by leading companies and governmental agencies.

Examples of World Class Contract Templates and Clauses

Your coach will share real-world contracts management content and illustrate key points using actual language examples from his career and consulting experience. Participants can work with their own legal counsel to tailor examples for potential use by their organizations.

Bring Your Challenging Contract Clauses

Want feedback on the content of your organization's (or a key supplier's) key clauses? Participants are invited to bring several technology contract clauses to the program and to review them by working collaboratively with your coach.

Join as an Individual or a Team and Learn at Your Convenience

What You Will Learn in 6 Weeks?

Week 1 – Major Trends in Technology Delivery

Five Leading Technology Trends Today
The Cost of Technology – Overview of Corporate and Governmental Trends
Cost vs. Value in Technology Products – How the Marketplace Prices Itself
Mergers and Acquisitions in the Technology World
Artificial Intelligence (AI)
Migration to Smart Devices
Big Data
Software-As-A-Service (SaaS)
Consumerization of Information Technology
The Internet of Things (IoT)

Assignment: Discuss Your #1 Technology Contracting Challenge

Week 2 – Moving into the ‘Cloud’

SaaS, PaaS, BPaaS, XaaS
Ownership of Data
Software as a Service (SaaS) – A Different Type of Acquisition
SaaS Is Really a Rental Agreement
New Considerations for Multi-Cloud Contracts
Must-Have Clauses in Any SaaS Arrangement
Uptime Guarantees
Suspension of Service
Negotiation Overview
Data Security

Assignment: Major Technology Trends and Their Impact on Contracting

Week 3 – Trends in Contracting Drafting today

Drafting Principles for I.T. Agreements

Review of Key Technology Contract Types

Software License & Maintenance Agreement
Software Development & Maintenance Agreement
Operating System Software & Maintenance License
Master Services Agreement
Professional Services Agreement
Core Terms Rider
Hardware Purchase & Maintenance Agreement
Software-as-a-Service (SaaS) Agreement
Application Service Provider (ASP) Agreement
NDA & MNDA Agreements

Assignment: Read SW License Example and Discuss Favorite Clauses

Week 4 - Efficiency Techniques for Managing Technology Contract Portfolios

The Spider's Web
Technology Costing – the Squishy Balloon
Changes in Revenue Models for Technology Providers
Cost Changes in IT Delivery
Tips for Cost Reductions in Technology Contracting
Contingency Operating Plans (COP)
Software Licensing Types
Development vs. Licensing Language
IP Right Ownership (or transfer)
Technical Professional Services

Assignment: Read SaaS Agreement Example and Discuss Favorite Clauses

Week 5 - Discussion of Important General Clauses for Technology Agreements

Modern Drafting Trends in Best Practice Contracts
Template Design Principles
Discussion of Key Technology Contract Clauses
10 Key Contract Types Used in Technology Contracting
Strategic Use of Legal Counsel
Our Paper or Theirs?
Use of Negotiation Content Checklists
Writing a Strong Technical Statement of Work (SOW)
Four Types of a Statement of Work (SOW)
Warranties in Technology Agreements

Assignment: Draft a Statement of Work (SOW)

Week 6 – Discussion of Important Technology Contract Clauses

Some Important Technology Definitional Phrases & Key Clauses
Definitions of Software, Object Code & Source Code
Hardware Purchase Language
Maintenance Language
Updates & Upgrades
Error Correction
Harmful Code
Escrow Account
Performance Credits
Service Level Response Credit

Assignment: Discussion of Participant Clause Examples

Our Students Represent World-Class Organizations Around the World

Learn with Mark Trowbridge, CPSM, C.P.M., MCIPS

His 35+ years in procurement includes supply management leadership positions in the Services, Financial, & Manufacturing sectors, eventually, as Director of Strategic Sourcing & Contracting Management for Bank of America, a global financial services company, where during his last two years with the enterprise, his areas of responsibility delivered $250 Million in savings through sourcing and key negotiations of traditional and non-traditional acquisitions.

For the last 20 years, Mark has experienced great success in procurement consulting, exceeding targeted savings objectives on procurement transformation projects in the Oil/Gas, Mining, Telecommunications, Agricultural, Governmental, Food Service, Technology, Chemical, Health Care, Banking, Manufacturing & Insurance sectors. During his decades-long consulting tenure, Mr. Trowbridge has assisted clients in capturing hundreds of millions in cost reductions.

He is one of the original founders of Strategic Procurement Solutions, LLC. Mr. Trowbridge holds a Bachelor's Degree in Business Administration from Pepperdine University. He earned his Certified Purchasing Manager (C.P.M.) designation from the Institute for Supply Management (I.S.M.) in 1993, and Lifetime Certification in 2003. He also is a Certified Professional in Supply Management (CPSM). His MCIPS certification was granted by CIPS in 2011. Mark is currently an active member of the I.S.M., CIPS, and the National Contract Management Association. Mark has served on the I.S.M. committee that creates and reviews certification questions in the CPSM test modules.

He is an invited guest speaker for supply management groups, including numerous seminars for global clients and professional associations. He has been a featured speaker in nearly all of the last 18 I.S.M. annual conferences. His LinkedIn profile is among the 1% most-viewed out of that organization's 250 Million members. Mr. Trowbridge has written articles for Supply Chain Management Review-Journal, eSide Supply Management, and Inside Supply Management Magazine.

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