OVERVIEW
Participating in the defence industry introduces several legal and contracting challenges for small businesses. These challenges are unique from the general commercial ones in that their influence can mean success or failure in the market.
Legal and contracting challenges appear in many different areas. This ranges from tender requirements relating directly to Australian Defence Force (ADF) capability to successfully negotiating a contract that’s acceptable to you and the customer. Strong awareness of these requirements provides your business with a competitive advantage when pursuing opportunities in this market while also protecting your commercial and legal interests.
This virtual workshop will deliver a set of topics essential to success in the defence market. They will help ensure that you remain aware of the legal framework applicable to you.
WHO SHOULD ATTEND
- Those entering the market and wanting to know more about it.
KEY DETAILS
Mode
Virtual
SEMINAR STRUCTURE
- Virtual workshops x 4
- Podcasts x 1
Duration
4 weeks
WHAT TOPICS ARE COVERED?
- The defence procurement system
- Legal issues in simple procurement
- Legal issues in tendering
- Contract negotiation
- Intellectual property
- Issues in contract performance
EXPECTED OUTCOMES
- Understand the legal framework and delegated authority affecting defence procurements
- Understand the role of the ASDEFCON document template suite and the types of documents
- Understand the defence approach to legal document template selection and tailoring
- Understand considerations when supplying on the basis of a purchase order
- Understand the key legal considerations in responding to a defence industry tender
- Understand key legal considerations in defence industry contract negotiations
- Understand the essentials of intellectual property considerations for the defence industry
- Understand the essentials of contract performance mechanisms in defence contracts
SEMINAR MODULE OUTLINES
TIMING
On Demand
LEARNING MODULE
- Introduction to seminar and facilitator
- Description of seminar bundle incl learning outcomes
FORMAT
Podcast
EST. TIME TO COMPLETE
30mins
TIMING
Week 1
LEARNING MODULE
WS 1:
- The Defence Procurement System
- Sources of authority
- Relevant laws and Defence policies
- Commonwealth Procurement Rules
- Indigenous procurement
- Payment terms
- AIC
- Indemnities, warranties and guarantees
- Simple Procurement
- ASDEFCON templates
- Standard PO terms
- Defects
- Payment
- Tendering
- Risks
- ASDEFCON provisions
- Current suppliers
- Conflicts of interest
- Contract Negotiation
- Certainty
- Incorporation of terms
- Warranty
- Guarantee
- Claims
- Endeavours
- Fettering
- Termination
- Intellectual Property
- IP Rules
- Technical Data
- Software
- Contract Material
- New approach to IP management
- Ownership and licensing
- Contract Performance
- Interpretation
- Penalties
- Performance Security
- Contract changes
- Termination
- Challenges to Defence Procurements
- Merits challenges
- Process challenges
- Complaints
- Judicial review
FORMAT
Virtual Workshop
EST. TIME TO COMPLETE
30 min bump in, 4 hours (TBC), plus 30 minutes optional chat room participation
TOTAL COURSE DURATION
4.5 hours instructions
FACILITATORS
Daniel Mendoza-Jones is the founder of Mendoza Legal & Consulting and is a corporate and commercial lawyer with broad experience advising Defence Industry and the Commonwealth in relation to procurement and contracting. Daniel is a trusted adviser to clients in the fields of aerospace, aviation, Defence industry and Government. Having worked in private and government practice, Daniel’s commercial advice is often sought by government agencies and by small and large organisations doing business with government. He also provides legal advice to small businesses and no-for-profits.
Daniel is an experienced public speaker and regularly presents legal training seminars for government and corporate clients. Daniel is also a Legal Officer in the Royal Australian Air Force Specialist reserve and advises commanders of a wide range of military legal matters. He has served as Honorary Solicitor and on the board of directors for a number of not-for-profit organisations.
COURSE SCHEDULE
EOI cut-off: 10 October
Successful applicants notified: 11 -18 October
Course joining instructions issued: 18 October
Course timing: 01 – 22 November – Weekly 1-hour workshops on a Monday. Time TBC.
The Defence Ready Seminar Series is being delivered thanks to funding and collaboration with the Centre for Defence Industry Capability (CDIC) and, for each seminar, forty (40) funded places are being made available to SMEs.
The Defence Department has set very clear guidance around the criteria for access to one of the forty funded places within each of the thirteen courses, and priority will be given to Hunter and regional-NSW based SMEs, building capability to potentially partner on Defence projects in the future.
With the full seminar series rolling out over the next twelve-months, Hunter Defence will be scheduling ongoing communications as each course gets close to commencing. If your organisation has been successful in achieving a funded place in one of these courses, Hunter Defence will let you know three (3) weeks before your selected seminars(s) of interest are due to start.
