Contract Negotiations

Contract Negotiations in Government Contracting

Specialized contracting expertise is essential for negotiating contract terms with governmental entities or the terms and conditions of subcontracts and purchase orders issued under a government contract. My extensive government contracts experience enables me to identify critical issues and negotiate terms that are more favorable for contract performance and profitability. By securing preferable provisions and avoiding potential pitfalls, I help ensure smoother contract execution and avoid costly disputes.

1. Reviewing and Analyzing Contracts

• • Reviewing and negotiating contracts, subcontracts, purchase orders, NDAs, confidentiality agreements, teaming agreements, and other contract documents.
  • Paying particular attention to critical clauses that impact client interests, such as:
    1. Limitation of Liability
    2. Indemnification
    3. Flowdowns (e.g., FAR, DFARS, etc.)
    4. Scope of Work
    5. License Agreements
    6. Dispute Provisions
    7. Termination Clauses
    8. Dispute Resolution Provisions

2. Identifying Issues

• • Analyzing contract terms to identify key provisions that impact client interests.
  • Highlighting potential risks and opportunities to enhance contract performance and profitability.

3. Negotiating Favorable Terms

• Securing contract terms and conditions that align with client objectives.
• Addressing and mitigating potential risks through well-crafted contract clauses.

4. Protecting Intellectual Property and Proprietary Information

• Safeguarding sensitive information and intellectual property through appropriate contract clauses.
• Providing counsel relating to data rights assertions and license rights.

5. Improving Performance

• Providing strategic advice to improve contract execution and avoid disputes.
• Offering guidance regarding compliance with relevant regulations, including the FAR and DFARS.

6. Enhanced Competitive Position

• Compliance with contract requirements, laws, and regulations improves performance and enhances a company's reputation, making it a more attractive candidate for future opportunities.

I help clients secure more favorable terms and conditions to protect their interests and improve contract outcomes.