All prices are in Canadian dollars.

Information Technology Procurement and Contracting

Date:   Apr 08, 2021 - Apr 16, 2021
Time:   9:00 AM (ADT)
Location:   Zoom (NB Institute) - Instructor Led by Debby Shapero Propp

The format for the session described below is interactive, including discussions and exercises on selected topics covered during each session.  

All sessions consist of a PowerPoint presentation, supplemental materials and interactive exercises.

Information Technology Procurement & Contracting (4 - half days)

April 8 / April 9 / April 15 / April 16:  9 am to 12:30 pm 

IT procurement can be highly complex, covers a broad range of IT acquisitions and is often associated with a relatively high failure rate.  Whether you are procuring off-the-shelf software or a customized IT system/software, this interactive two-day session will provide you with strategies to improve your IT procurement and contracting practices and avoid the most common pitfalls.

Part 1 – IT Procurement

The first part of this session will provide valuable lessons learned, address challenges, pitfalls and risks, and illustrate using research studies and other sources why many IT procurements fail. This session will provide a review of basic IT terminology and procurement methodology with a focus on what can work well in IT procurement. You will also learn multiple strategies for IT procurement success such as building the right team, use of a needs analysis, drafting a Statement of Work, due diligence and containing maintenance costs. 

Part 2 – Selected IT Contracting Basics

The second part of this session will cover some of the fundamentals of IT software contracting, provide a simplified contractual framework, review the negotiation of various IT contractual clauses and provide some other strategic contracting tips.  

If you want to address ways to improve IT procurement in your organization and to start understanding IT contracting, whether in the public or private sector, this workshop including interactive exercises will have something to offer you.

Who should attend

This session will be of interest and beneficial to both the public and private sector, and to individuals who purchase, contract for, manage or implement IT at their organization.   

Program Overview and Learning Outcomes

Part 1 – IT Procurement

  • IT procurement – What is it?
  • Understand the challenges and key pitfalls in IT procurement
    • By understanding the challenges and key pitfalls in IT procurement you will increase your ability to run a better IT procurement process to maximize the value your organization receives
  • Why do so many IT projects fail? 
    • Learn from research studies and other sources why IT projects typically fail and capture the lessons learned to improve your IT procurement process 
  • Basic Terminology
    • Learn to navigate basic software and licensing terminology that will be used in the session
  • Plan effectively to improve your IT procurement
    • Explore the use of an IT needs analysis and other key planning tools to ensure that you are prepared for going to market with your IT needs
  • RFx Continuum 
    • Find the best procurement fit on the RFx Continuum, look at innovative methodologies (such as Competitive Dialogue and Agile) and zero in on a methodology that fits your IT procurement needs and institutional practices
    • Review how CFTA can significantly impact the pre-RFx procurement process 
  • Explore strategies for success, such as
    • Review the components of an IT needs analysis and explore its impact on IT procurement
    • Build the right team 
    • Examine due diligence as part of the procurement planning process 
    • Use and development of a Statement of Work
    • Deal with global suppliers
    • Explore and make effective use of practices that can be used in IT procurement – technical briefings, data room, proof of concept validation, demonstrations 
    • Contain maintenance and other costs 
    • Understand how performance measurements can assist
    • Consider transition strategies upfront 
    • Use of cyber liability insurance, certifications and standards
  • Change Management
    • Learn how to establish a process that will ease the inevitable stress associated with change 
  • Moving your procurement process to contract
    • Examine strategies (such as negotiation and best and final offer (BAFO) that can be embedded in your procurement process to finalize the contract

Part 2 – Selected IT Contracting Basics

  • Overview of a simplified IT contractual framework
    • A multi-part IT contractual framework will be presented and explored based on Scope, Services, Risk Allocation, Contract Management and Exit Plans 
  • Negotiating various contractual clauses
    • The concepts behind specific IT contracting clauses, in each area of the contractual framework presented, will be reviewed individually, for example, scope and grant of license, indemnification and related clauses, maintenance, and software escrow issues
  • Contracting tips 
    • Acquire concrete tips for purchasing or licensing IT systems using the contractual framework presented, such as avoiding hedges concerning acceptance testing and warranties, service levels, audits and transitioning to a new supplier
    • Consideration of various matters when contracting for cloud computing services
  • Cloud Computing
    • Review and explore: 
      • What is cloud computing
      • Cloud computing models
      • Key cloud services – SaaS, PaaS, IaaS
      • Uses, benefits and risks
      • Selected cloud licensing/contractual terms 
  • SaaS v. On-Prem Software Agreements
    • Consider a comparison of various key provisions in SaaS v. On-Prem Software Agreements
  • Migration from On-Prem to Cloud Considerations
    • Given current technology adoption in cloud and SaaS type models, it is conceivable that during the lifetime of a contract a service provider may decide to move its customer base to from on-prem to the cloud. Review some of the contractual considerations that would need to be addressed before such a move.
  • Using a Network Agreement as Part of the Transaction
    • Review the critical importance of a network agreement and examine its individual components
  • Transitions During a Crisis/Covid-19
    • Look at the current environment and its impact on supply chains 
    • In this current environment gain some insight to IT transactions by addressing some key clauses, risks and strategies
  • Considerations after signing the contract 

Brief Bio - 
Debby Shapero Propp, BA, LL.B., CSCMP

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

For more information about Debby, you can visit her website at or contact her at



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