Service Contracting and Outsourcing

Date:
Jan 24, 2023

Location:

Zoom

Time:
9:00 AM

Service contracting and outsourcing often has a high level of complexity and covers a broad range of service arrangements.  As organizations look for ways of streamlining their operations and making them more effective, service contracting and outsourcing will continue to play an even larger role, allowing organizations to focus on their core competencies.  Whether you are contracting for consulting services or outsourcing a major service component of your organization, this 2-day course will provide you with strategies and best practices to deal with various service-related challenges.  The course will focus on establishing and reviewing the service contract and outsourcing contract and includes a one-by-one review of contractual provisions unique to service contracts.  If you want to address ways to improve contracting for the services that your organization requires, move forward in outsourcing plans and mitigate risk, whether in the public or private sector, this course, including interactive exercises, will have something to offer you.

 

This course is designed for anyone involved in creating, understanding or responsible for service contracts and outsourcing.

Program Overview and Learning Outcomes

Introductory Matters

  • Service contracting – What is it?
  • Outsourcing o What is it? o Understand the regulatory framework and background of outsourcing
  • Recognize distinguishing features of a service contract
  • Explore the key challenges of both service contracting and outsourcing o The Fundamentals
    • Establishing and Maintaining the Relationship
    • Developing the Service o Compensation and Charging o Supplier Commitments and Promises o Managing the Contract o Legal

The Fundamentals

  • Understand o Why organizations use outsourcing o Benefits of outsourcing o Risks of outsourcing o Outsourcing terminology
  • Use a letter of intent to move forward
  • Due diligence as a strategy
  • Explore contractual template considerations
  • Consider case law on onerous conditions in a service contract and avoid being in this position
  • Understand how to address service acquisition in other procurements
  • Investigate critical pre-signing considerations

Establishing and Maintaining the Relationship   

  • Establish the contractual service relationship
    • Learn how to recognize an employee, independent contractor relationship and a dependent contractor
    • Establish the relationship that you want
    • Avoid the costly consequences of an improperly framed relationship
  • Examine consultant retention o Explore restrictions in securing service consultants o Know what to look for when retaining a consultant o Considerations before retaining service consultants o Recognize indicators of a successful consultant relationship
  • Review contractual differences between general and professional service contracts
  • Understand the legal structures for outsourcing o Direct outsourcing o Multi-supplier outsourcing o Joint venture or partnership o Wholly owned subsidiary
  • Consider subcontracting in outsourcing

Developing the Service 

  • Review the importance and development of a Scope of Work and Statement of Work
  • Explore the use of performance measurements such as SMART, SLAs and methods for measuring service quality
  • Obtain strategies for addressing supplier performance hurdles and attaining service improvements

Compensation and Charging

  • Consider key strategies for addressing compensation and the financial aspects of service contracting and for mitigating risk
  • Review outsourcing methodologies such as fixed price, rate-based models and cost-plus models

Supplier Commitments and Promises

  • Understand the legal nature and consequences of service supplier contractual commitments
  • Know what kind of commitments and promises to look for when acquiring services o Specific representations and warranties will be reviewed 

Managing the Contract

  • Understand how IT can help facilitate the management of a service contract
  • Review remedies and protections in a service contract
  • Review how insurance plays a role and what type of insurance should be considered for an outsourcing of services
  • Consider the handling of confidential information
  • Update on case law critical to supplier relations
  • Build a stronger service contract o Review and utilize critical contractual provisions unique to service contracts o Understand key contractual terms and conditions that can strengthen your service contract 
  • Learn how to be a better service customer
  • Explore after signing the contract considerations
  • Recognize failing relationships with your service provider o Be able to detect of the symptoms of failure o Manage the exit process 

SCHEDULE

January 24, 25, 31 & February 1, 2023

9:00am to 12:30pm EST each day

INSTRUCTOR: 

Debby Shapero Propp

Debby Shapero Propp is a commercial lawyer with a focus on procurement, technology and health law and has provided legal services in the private, public and broader public sectors for over 25 years.  Debby both provides advice on challenging procurement initiatives and major group procurements and develops and implements procurement processes and related agreements. Debby acts for her clients in major technology acquisitions and negotiations for both traditional and emerging technologies.

Debby is a seasoned and dedicated public presenter and instructor and regularly teaches across Canada. Drawing on her experience working both with a wide range of clients and as in-house counsel, over the last number of years Debby has developed practical and well-received professional development seminars that are being presented across Canada for private, public and broader public organizations. Debby also regularly writes for Canadian publications.

Debby is a founding and active member of the Health Lawyer Network, which provides a broad range of legal and educational services.

Debby has been recognized as one of the 100 Influential Women in Canadian Supply ChainTM  and is the only recipient in the Legal Services Category

For more information about Debby, you can visit her website at www.shaperopropp.ca or contact her at debby@shaperopropp.ca.

PRICE:

Early Bird Registration until December 24, 2022

  • Member: $850.50 + Tax
  • Insider: $985.50 + Tax
  • Non-Member: $1120.50 + Tax

Regular Registration

  • Member: $945.00 + Tax
  • Insider: $1095.00 + Tax
  • Non-Member: $1245.00 + Tax

Corporate Price: 20% off for a team of 4 and customized pricing for a team of 5 or above. Please contact Alisha Seguin at aseguin@scmao.ca  

CPD:

10 CPD Points