Public Procurement

Pre-Forum Master Class: Guidebook to Drafting Solid Enforceable Procurement Documents

Monday, February 20, 2012 – 9:30-4:30 pm
(Registration will start at 9:00 am)
A morning and afternoon break, as well lunch will be provided.

Workshop Leader

Paul Emanuelli
General Counsel and Managing Director
The Procurement Offic

Do not underestimate the value of superior drafting skills. Clear and concise drafting is a key component of any successful RFP procurement task, but it requires a firm grounding in legal principles and focussed training. Our seasoned expert speaker will lead you through a series of drafting exercises where you will gain the building blocks necessary to expertly execute all the drafting tasks involved in a procurement project. Return to the office equipped with the tools and confidence necessary to increase productivity while expertly discharging your procurement drafting obligations.

Bolster your drafting skills to prepare key procurement documentation and minimize the serious operational, financial, legal and contractual risks of weak links in your overall procurement projects. Topics covered include:

• Best practices in plain language drafting skills:
  • Identifying your target audience to choose the most persuasive writing style
  • How to choose key words and grammatical structures for convincing and easy to read text
  • Critical analysis of the technicalities of writing to reduce ambiguities and achieve clarity in writing
  • Adopting strategies to minimize risk and understanding the true implications for failure to comply with plain language drafting legislation
• Building a solid template bank, with a special focus on key instruments, including:
  • Specifications
  • Statements of Work
  • Addenda covering clarifications and other changes
  • Non-legally binding RFPs
• Identifying the hallmarks of compliant and legally binding exclusion clauses to ensure conformity with governing legal principles and reduce your risk of claims arising out of breaches:
  • Considering the use of Limitations of Liability and Privilege clauses to ensure compliance
  • Overcoming traps and pitfalls in boilerplate language
• Proven strategies for risk management neutralizing risks in the post-Tercon environment
• Guidelines to incorporate your new and improved clauses into the overall flow of your document, without overlooking your compliance obligations
• The use of RFIs to synthesize potentially overwhelming market analysis research and extract useful information

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