Course Number: LG 324
Course Title: Contract Management and Law
Professor: Walt Gunnison, Esq.
Term Dates: 10 January – 13 March 2005
Meeting Time: Tuesday, 5:30 - 10:30pm
Credit Hours: 3 hours
The mission of Park University, an entrepreneurial institution of learning, is
to provide access to academic excellence, which will prepare learners to think critically, communicate effectively and engage in lifelong learning while serving a global community.
Park University will be a renowned international leader in providing innovative educational opportunities for learners within a global society.
I. COURSE DESCRIPTION: A study of the procurement and contracting process with emphasis on the organization, policy formulation. procedures, and administration of purchasing activities and functions. Prerequisite: MG 260.
II. FACULTY’S EDCUATIONAL PHILOSPHY: One of interactiveness based on lectures, readings, examinations, and case studies. Legal issues and contradictions are explored.
III: COURSE OBJECTIVES: Successful completion of this course will require the student to complete assigned work before class, attend class, participate in class discussions, research course material, and study the material presented in class.
A. To develop an understanding of the key concepts, terms, and issues related to contract management and purchasing activities.
B. To be able to apply and identify the concepts, terms, policies, and procedures related to contract management and purchasing activities.
C. The course should equip the student with knowledge that will enable positive contributions to the pre-award and post-award contract management activities.
D. Roles played by participants in contract management and purchasing activities influence the success of contractual undertakings. The course will address these roles and will attempt to reach consensus regarding the skills and knowledge required for superior performance.
A. To understand the role of contract management and purchasing law as it relates to the business system.
B. To be able to identify the terms of the contract and measure contract performance.
C. To comprehend the legal aspects of the purchasing-employer relationship.
D. To develop and understanding of how to negotiate with a supplier.
E. To understand the role of computers and electronic data interchange within the contract management and purchasing environment.
IV. TEXTBOOK: George W. Kuney. 2003. The Elements of Contract Drafting with Questions and Clauses for Consideration. St. Paul, MN: Thomson/West. Any supplemental resource material will be provided to you in class.
V. ACADEMIC HONESTY: Academic honesty is required of all members of a learning community. Hence, the university will not tolerate cheating or plagiarism on tests, examinations, papers or other course assignments. Students who engage in such dishonesty may be given failing grades or expelled from the university.
Plagiarism- the appropriation or imitation of the language or ideas of another person and presenting them as one’s original work- sometimes occurs through carelessness or ignorance. Students who are uncertain about proper documentation of sources should consult their instructor.
VI. ATTENDANCE POLICY: You are expected to come to class and be on time! Class participation is expected. Attendance will be taken at the conclusion of each class. All absences must be explained. Illness or work-related duties only are excused. In order to receive an excused absence, I must have written documentation as to why you were absent (Park UniversityPolicy). Three unexcused absences or two consecutive unexcused absences are excess and will result in an “F” for a final grade. Late exams: you must contact me and arrange for a make-up if you miss the mid-term. If you take an exam late due to an excused absence, there is no penalty and you can expect to take substantially the same exam. If the “late” is due to an unexcused absence, be aware that the make-up may differ significantly. If you miss the final, you could be in “big trouble.” Park University has very specific requirements regarding missed final exams. You should review the university catalog and paragraph XI of this syllabus. Guests (i.e., children or others) will not be brought to class. As a courtesy to other students and myself, I request that you turn off/silence cellular phones, pagers, etc. in class. If they vibrate, it is ok. If they beep, ring, etc., NO! Lecture Notes: Do not ask me for my lecture notes. They are not available!
Please note the following from the Center Administrator: Incompletes are only to be given in extenuating circumstances beyond the student’s control (e.g., excessive TDY, hospitalization, etc.). If a student does not show up for the final, an incomplete is never automatically given. Only if you contact the instructor and provide documentation for an excused absence will an incomplete be given. All incompletes are subject to approval by the Administrator. Students have 60 days from the last day of the term to make up their grade. If not made up, incompletes become “F’s.” An incomplete grade will not be issued to a student who has unexcused or excessive absences recorded for the course, nor will an incomplete be issued to students wishing to submit extra work after the term to raise a previously assigned grade.
VII: LATE SUBMISSION OF COURSE MATERIALS: See class policy above.
VIII. COURSE ASSESSMENT Lecture, discussion, and analysis of contract management policies and procedures will be employed in the course. The instructor will define terms, show examples of contracting and purchasing concepts, explain contract and purchasing concepts, and assign work both in the classroom and for homework.
IX: CLASSROOM RULES OF CONDUCT: Faculty members are expected to dismiss from their classrooms students whose behaviors is detrimental to good order in the classroom. Such behavior includes, but is not limited to, the use of abusive or obscene language, attending the class under influence of drugs or alcohol, etc. Students who are dismissed from class may be given failing grades, suspension, or expulsion from Park University. Students whose behavior, either verbal or written, is detrimental to the good order of Park University may be subject to disciplinary action ranging from suspension, to expulsion from Park University. Students who exhibit abusive or obscene language or behavior toward administrative personnel or support staff are also subject to suspension or expulsion from Park University.
X. DISABILITY GUIDELINES: Park University is committed to meeting the needs of al students that meet the criteria for special assistance. These guidelines are designed to supply directions to students considering the information necessary to accomplish this goal. It is Park University’s policy to comply with federal and state laws, including Section 504 of the Rehabilitation Act. of 1973 and the Americans with Disability Act of 1990,regarding students with disabilities and, to the extent of any inconsistency between these guidelines and federal and/or state laws, the provisions of the law will apply. Additional information considering Park University’s policies and procedures related to disability can be found on the Park University web page: www.park.edu/disability/
XI: COURSE TOPICS/DATES/ASSIGNMENTS:
CLASS/TOPIC/OR EXAM ASSIGNED READINGS
WEEK 1. Fundamental Considerations in Contract Drafting Chapter 1
The Form of Transactional Documents Chapter 2
WEEK 2. Drafting Rules Chapter 3
Document Review and Comments Chapter 4
WEEK 3. Considerations and the Terms of the Agreement Chapter 5
WEEK 4. Conditions Chapter 6
Representations, Warranties, Covenants, Chapter 7
WEEK 5. ***MID-TERM EXAM***
Events of Default and Remedies Chapter 8
WEEK 6. The Import and Scope of Boilerplate Chapter 9
Arbitration and Other Alternative Dispute Chapter 10
WEEK 7. Signature Blocks Chapter 11
Covenants and Agreements not to Compete Chapter 12
WEEK 8. Amending and Restating Agreements Chapter 13
Letters of Intent Chapter 14
Opinions of Counsel Chapter 15
XII. GRADING PLAN: The mid-term examination will cover chapters 1-7. The final examination will cover chapters 8-15 and will not be comprehensive.
Grades will be weighted as follows: Total of 100 points possible.
90 - 100 pts. = A
Interview 30% 80 - 89 pts. = B
Mid-Term 30% 70 - 79 pts. = C
Final Exam 30% 60 - 69 pts. = D
Class Participation & Discussion* 10% below 60 pts. = F
(OR 3 OR MORE UNEXCUSED ABSENCES)
* Attendance, preparation and completion of in-class problem case assignments will be used to determine the class participation score. DEDUCTIONS WILL BE TAKEN AT MY DISCRETION.
Note: If you provide a stamped, self-addressed envelope, I will gladly mail your exam results, course grade, and the Grade Verification Form if you require it for employer reimbursement. I really prefer to mail to all students; some always decline. It’s your choice, but do not call. I will not give grades over the phone or via e-mail!