Technology Contracting in the Public Sector

Abstract

Many different types of large, complex technology-related initiatives (such as the implementation of modern enterprise resource planning systems) are now becoming more popular in the public sector, posing formidable challenges to the organizations undertaking them. This chapter examines, from the point of view of a practicing information technology attorney, various different challenges facing public entities in technology contracting, drawing on examples from various public-sector projects, as well as from relevant private-sector experiences. Observations and suggestions are provided with regard to the entire contracting process, from preparing for a project, networking with colleagues, and drafting an RFP, to the types of contractual provisions that might be appropriate in technology agreements, to suggested negotiation processes and strategies, to steps to take after the contracts are signed.