The Art & Science of Negotiating Professional Services Agreements

All organizations rely upon the services of externally procured human capital to meet the mission and vision they seek to achieve. In order to successfully procure these resources and mitigate the risk inherent in delivery, a thorough understanding of the Professional Services Agreements that govern these transactions is required. Service providers typically utilize a one size fits all approach by introducing a set of standard contractual terms and conditions that mitigate their obligations and delivery risk but clearly do not serve in the best interests of the consumer. This dynamic has resulted in an uneven allocation of risk among the parties to these transactions. The Art and Science of Professional Services Agreements will provide practical guidance that will help service providers, receivers, subcontractors, and independent consultants successfully navigate through and negotiate human capital agreements to their advantage. Through a detailed review of the terms and conditions contained within a standard Professional Services, Teaming, Subcontract, and Non-Disclosure Agreement, the reader will learn how to successfully identify the risks inherent within those terms and conditions, evaluate that risk in terms of type, impact, and probability, and balance that risk in the negotiation process. Ultimately, this book provides the reader with the knowledge required to execute human capital agreements that yield an acceptable level of risk and reward for both parties to the transaction. Chapters include: 1. Risk Management Drivers of Risk; 2. How Should Risk Be Approached in the Negotiation Process?; 3. When Contracting for Human Capital, What Are the Various Contract Types Under Which Services May Be Delivered?; 4. A Standard Professional Services Agreement; 5. A Standard Teaming Agreement; 6. The Subcontract Agreement; 7. The Non-Disclosure Agreement; 8. The Proposal and Statement of Work; 9. The Small Business Owner and Independent Consultant. The appendices also include sample contracts.