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Two decades advising on, drafting, and negotiating government and commercial contracts – and building the tools that speed up the work.

Procuring products, services, and solutions, and getting appropriate contracts in place for their delivery, can involve a good deal of work and a significant amount of risk. Whether it's crafting your notice of procurement, sorting out your approach to evaluation, preparing a contract that's fit for purpose, or negotiating it with one or more providers, there are outcomes to achieve, risks to assess and mitigate, and timeframes to meet.

I help agencies and businesses navigate that terrain, with the depth that comes from doing this work for two decades, and with the legal-tech to move faster where it makes sense.

01 – CAPABILITIES

How I can help.

Three pillars covering the full procurement lifecycle – from shaping strategy, through drafting and negotiation, to supporting the contract after signing.


PILLAR 01

Planning

  • Aligning agency policy with Government Procurement Rules and Government's Digital Target State
  • Advice on procurement approach & probity
  • Advising on available Marketplace and AOG contracts
  • NOP / RFI / RFP / RFQ review
  • Evaluation framework review

PILLAR 02

Sourcing

  • Contract drafting -- CC-ICTs, one-offs, MSAs, GMCs, panel agreements, etc
  • Managing legal risk and evaluation support during procurement process
  • Red-line review, counter-drafting, and negotiation
  • Completing and negotiating Subscription Agreements, SOWs or CSOs when Marketplace or AOG contracts are being used

PILLAR 03

Managing

  • Variations, amendments, and extensions
  • CC-ICT terms refreshes
  • Privacy, security and AI clause updates across existing contracts
  • Inter-agency MOUs and agreements for the sharing of services sourced by a cluster lead or government solution lead

02 – EXPERIENCE

Selected experience.

A handful of representative projects, anonymised as appropriate, all touching technology or digital government.


CASE 01

CROSS-GOVT

MARKETPLACE

Cross-government contracts & MOUs

Drafted multiple cross-government collaborative contracts and the MOUs or participation terms that sit alongside them, including the Collaborative Marketplace Agreement and most Channel Terms.


Role: External process advice, contract drafting, negotiation

CASE 03

AGILE

IT DELIVERY

Retrofitting waterfall IT contracts with an agile delivery schedule

Retrofitted two large waterfall-style IT contracts with an agile delivery schedule, enabling the client to select between waterfall or agile depending on the nature of the development.


Role: External counsel, restructuring contract elements for agile

CASE 02

TRAINING SOLUTION

NATIONWIDE

National online training solution

Drafted and negotiated the contract for a national online training solution relating to a security technology that touches the lives of many New Zealanders.


Role: External counsel, contract-type selection and drafting

CASE 04

CROWN ENTITY

MISSION-CRITICAL

Transitioning a mission-critical system to offshore cloud

Advised a Crown entity on the contractual arrangements for transitioning a mission-critical enterprise-wide system from an on-premise solution to an offshore cloud-based platform.


Role: External counsel on contractual workstream

SEE MORE EXAMPLES ↓

POLICIES, PLANNING & SOURCING


  • Amending a departmental procurement policy to accommodate government procurement rules
  • Drafting (along with another member of Interwoven Law) a replacement suite of contract templates for a government department
  • Advising on a wide range of procurement and contracting matters in relation to authentication and identify verification services and secure email services
  • Advising on RFPs and drafting agreements for secure web portal and technology testing services
  • Advising on technology-related IP transfer issues
  • Advising on payroll procurement issues

PANELS, SYNDICATED CONTRACTS, AND COMMON CAPABILITY FRAMEWORKS


  • Drafting common capability agreements for web services and security and related services panels
  • Drafting and negotiation of Master Services Agreements for a panel of IT architectural service providers
  • Drafting panel agreements for expert geological services
  • Advising on and negotiating a syndicated contract for geospatial data services
  • Drafting panel agreements for a kind of software sold by large agency resellers
  • Advising on procurement issues and drafting terms for suppliers and agencies participating in an online marketplace

SERVICES CONTRACT / MSAS AND SOWS


  • Drafting MSA and SOWs for the implementation and operation of an online course delivery platform for a government agency
  • Drafting MSA and assisting with the drafting of SOWs for the development and implementation of an online indexation tool for environmental purposes
  • Drafting a technology services agreement for provision of an online marketplace solution
  • Drafting a technology services agreement for the migration of a large number of websites
  • Assisting in the negotiation of an agreement with an offshore provider for a department’s use of a cloud-based correspondence generation platform
  • Drafting an agreement for accreditation services
  • Advising on a digital job fairs contract
  • Advising on an auditing services agreement

INTER-AGENCY ARRANGEMENTS AND FUNCTION TRANSFERS


  • Drafting a suite of MOUs for one department’s provision of a wide range of services to some others
  • Drafting an inter-agency agreement governing use of a data analytics platform
  • Drafting an MOU/agreement that facilitates agency adoption of a certain technology
  • Drafting the contractual documentation required to deal with shared services, information sharing, and a range of other matters when functions were transferred from one department to another
  • Drafting the kind of documentation referred to above for two subsequent transfers of functions from transferor departments to transferee departments

SAAS TERMS AND API TERMS


  • Drafting numerous sets of online terms for government online services, including the online terms for a national property records service
  • Drafting and advising on sets of API terms for government agencies
  • Drafting terms of service or use for private sector technology companies or companies' online services
  • Drafting terms of use for lawyer websites

COURSE CREATOR TERMS


  • Drafting terms of use, copyright statements, disclaimers ,and privacy statements for online course creators 
  • Online tools to automate the above documentation, together with a range of ebooks to explain key areas of law. 

Richard has an incisive mind and is able to translate extremely complex commercial supply strategies into manageable contractual frameworks.

Former Manager, AOG Supply Strategy

DEPARTMENT OF INTERNAL AFFAIRS

03 – TOOLS I BUILT

Tools that speed up the work.

I've built 12+ automations to speed up contract drafting work and can readily develop more, whether for myself, clients, or customers.


Contract Foundry

A document-automation platform built specifically for some of the kinds of public-sector contracting I do. Each builder walks the user through a structured set of questions, then produces a solid first draft ready for review or circulation. 


"A first draft MSA, with additional clauses and a selection of SOW templates relevant to the context, can be produced in minutes instead of several hours or days. In case a client was astonished to be able to get a set of panel MSAs in place faster than ever before."


MSAs

GMCs

MCAs

Inter-agency MOUs

Info sharing MOUs

Letters of variation

Website terms of use

Privacy statements

Privacy clauses

Have a contracting matter in motion?

Happy to jump on Teams or Zoom to talk it through. Just a 15-min chat to see if I'm the right fit.