IACCM - International Association for Contract & Commercial Management Contracting Excellence Magazine

May 2013 Edition


One company's paradigm shift turns potential loss into measurable gain

In this article, author Anupam Sharan, the contract governance director of Sutherland Global Service in India, describes the derailment his company began experiencing because of poor contract management.  He recalls how his team sidesteped the pitfalls they saw coming. Their first step in keeping all contracting processes on track was to identify reasons why things began breaking down.

By Anupam Sharan, Director, Contract Governance, Sutherland Global Services, India

In this article, author Anupam Sharan, the contract governance director of Sutherland Global Service in India, describes the derailment his company began experiencing because of poor contract management.  He recalls how his team sidesteped the pitfalls they saw coming. Their first step in keeping all contracting processes on track was to identify reasons why things began breaking down.

Sound Contract Management: organisational requisite you cannot overlook

Even the best contract in the world needs to be managed through a sound contract management process. According to Faulker Information Services1, over ten percent of contracts executed by large organizations are not managed well and cost the company money and wasted time. Contracts end up archived on paper or in electronic systems without accountability.

If your organization tries to manage the contract in tads and pieces because it lacks a defined contract management setup, the contracting process could overburden the main processes such as procurement, business development, finance, and account management. The supply chain department may consume the contract management responsibilities.

Success story of Sutherland Global Services

Have you ever tried to build a seamless process only to find the flow down of responsibilities jamming with an engrained self-destructive process? Early in the contract process, you may assume your work will be hassle-free.  But a month later, problems start wafting  your way, because the system has been broken all along and no one has been accountable!

This happened with our organization.  The contract and process we were following looked good at first but later we realised that we actually lacked accountability and system process.

My main challenge as Director of Contracts was like people passing on the baton without knowing the hurdle. Stakeholders who produce the real fruits of agreed contracts were reluctant to make changes, and no one was accountable for contractual obligations assigned to them.

Even a simple proposal from the customer missed its deadline.  Efforts to fix these problems wasted time, risking company profits.   In the months that followed we reached out for assistance. 

A paradigm shift in thinking

We began a case study of a simple contract with one of our leading clients and the impact it had both contractually and operationally due to a derailed contract management set up.

Subsequently we discovered the industries best practices (Cisco Contract Management2 , SAP Contract Management3 etc.) and learned how to implement it to match our company's business need.

We held a series of meetings with higher management and stakeholders. The case study convinced management to launch a complete seamless contract function.

We set up the processes and ensured that right people were accountable for their performance.   We made sure the criticality of this was understood and implemented down the lowest level of organisation.

Let me stress that over a period of time the process has considerably improved, but we are still not at the matured stage.  Even so, benefits of this paradigm shift are already measurable, and as a result all stakeholders are following the short and long term targets.

Bridging Contract Management

Most of us know that one of the prerequisites for enforcing a contract is that the terms of the contract must be accepted by all parties to the contract.  We know that organisations globally are realising the benefits of implementing sound contract management throughout their businesses.

But a seamless process cannot happen unless we track the contract at each stage no matter how challenging and complex the project deliverable is at each stage. The entire setup should first address the organization's business need to implement the best process for the business.  It does not matter if it is a supply or service contract or a combination of both. The commercial and contractual aspect is essential for bridging the gap between what is negotiated and executed to correctly leverage compliance measurement and reporting activities.

Sound Contract Management Lifecycle   We devised a seamless process to include accountability and tracking at right intervals.  Figure 1 shows key aspects of seamless contract management arrayed in a lifecycle.  It begins with Authoring followed by Negotiation, Approval, Storing/Repository, Compliance Management, and Renewal. 

Key Aspects

  • Authoring: Use standard templates.  A clause library allows you to capture terms from sourcing or previous contracts
  • Negotiations: Submit negotiations to your counterpart for feedback, comments and correction to reach mutually acceptable T&Cs (helps develop relationship)
  • Approval: Base your Approval cycle on workflow like fiscal, legal, operational etc.
  • Storing / Repository: Make this enterprise-wide with searchable reports in contracts
  • Compliance Management: Your Contract information should flow into all processes i.e., sales, procurement, SD, BC etc., Track supplier or customer compliance with price discount
  • Renewal / Amendments: Base your Renewal or amendment on expiration date and internal & external factors; extend the contract 

Figure 1 Key Aspects of sound Contract Management

Lessons we learned: 

The case study and the contract process in figure 1 enabled us to improve the process and recognize the red flags of poor contract management.    Here are some examples:

Entrenchment, dogmatic attitudes and lack of vision

  • Traditional and conservative way of contracting lacks acceptance level.
  • Failure to allocate competent number of staff (headcount) and skills needed.
  • Placing too much attention on strategic sourcing and sales, because they are often used to estimate cost savings from the life of contract, but ironically, such estimates are rarely achieved.
  • As much as 40 to 65% of every savings dollar negotiated through strategic sourcing never materializes due to uneven involvement of the contract management process.
  • Contract governance is one of the key processes missing in too many organisations; this anomaly creates the gap between the signed contract and the contract delivery.

Lack of measurable contracting practices

  • Contracting practices are tied to the packages or tools used by organisations, rather than the way the organisations conduct the business.
  • Contracts or contract terms are negotiated without sufficiently leveraging the company's buying power.  Instead they are too often negotiated with the client or vendor by multiple vertical business models4 and individual business units, based on their needs.
  • Key stakeholders may not be collaboratively drafting and sufficiently reviewing contracts before signature.  This increases the risk.
  • Process enforcement is not adequate. The contracts policy fails to ensure the use of approval templates, documents and service assurance.  In addition, rewards and penalties for contractual compliance (such as milestone achievements) are unknown.

Ignorance of contracting tools and tracking systems

  • Inefficient document control centre and lack of an enterprise-based contract repository where all contracts (including amendments) are available and accessible, whether live or expired. 
  • Lack of information and proper communication results in the contract not being renewed in time or it leads to unfavorable terms of a last-minute renewal.
  • The system is not communicating with various internal departments such as service delivery, business controller, client services, customer team, procurement, or finance for various contractual terms and its compliance.
  • Alerts and notifications are not set up to monitor Key Performance Indicators (KPIs) and milestones of the contract and to ensure that stakeholders are aware of these events in advance.

Lack of contract enactment

  • Stakeholders cannot leverage new contracts because enterprise-based visibility is lacking.
  • Benefits and compensation of contracts are not clearly communicated.
  • Change management and claim management processes are lacking even though defined and agreed in the contract.

Ignorance of a proper governance mechanism

  • Contractual compliance is lacking among stakeholders. 
  • A process does not exist to define contractual metrics and measurements.
  • Key stakeholders who are delivering the compliance of the contract are not held liable for inaccuracy, missed timelines, etc.
  • Compliance of the contract is not traceable in a typical business model.
  • Consequences  for non-compliance are unclear or unknown

Sound Contract Management – deep dive

It is absolutely critical for the organisation to have a contract management which not only defines the business objective but also develops strategies, processes and tools to monitor, manage and improve contract life cycle; thus bring added revenues through compliance, change and claim management (figure 1).

Every organisation has a different policy for contract management performance. In some, the legal department performs presales and the contract execution department executes the contract. Whatever the situation, a process only works and is visible if the project lifecycle is managed through a sound contract management (figure 1).  Organisations identify the process using different verbiage, but in all industries and cultures, the application of these steps provides maturity and commitment in business with better partnerships.


One way to audit your own contracting management process is to ask questions like these:

  • Is contracting management a fair, transparent and efficient process that can track forecast to actuals and contractual outage?
  • Are stakeholders assessing contractual compliance by performing regular contract compliance checks?
  • Do stakeholders have better visibility of contractual terms and conditions and can they ensure that accountability exists within departments?
  • Is both contractual and legal protection enhanced for the organisation to minimise risk?
  • Is a clause library available and are standard templates used in collaborating with multiple stakeholders and multi-vendor agreements?
  • Do those involved in the seamless process realize the full value of the contract and do stakeholders have the opportunity to add value to the process?
  • Do you have seamless approval flows using up-to-date tools to make sure the system has better financial controls and reporting structure?
  • Does the customer supplier or service provider have deep visibility into contracts and better accountability of agreed KPIs and milestones?
  • Do you use an enterprise level repository and matured tools to keep management informed of contract expiration and other regulatory requirement?
  • Does the system curtail leakage of contractual savings and better visibility of SOX or SLA compliance, scope creep management and risk mitigation?
  • Are you experiencing faster accountability and control on payment deadlines, discounts and rewards programs?

Be consistent, connected and specific with every step

A consistent, connected sound contract management businesswide requires sharing the data, and sharing strategic goals, service policies, compliance procedures and metrics for delivering a low cost, high quality and response approach.  This approach grows the business into a robust, scalable and flexible platform that can adopt specific business policies and processes -- processes that embrace compliance measurement and management.

Your organisation should invest in best-of-breed contract management processes to manage contracts and oversee the initial implied investment to leverage the benefits of a sound contract management process.  Such diligence not only offers long term stability to the business, it also matures the organisation, giving it visibility within marketplace and among competitors.

End Notes

  1. Faulkner Information Services, a division of Information Today, Inc.
  2. Cisco Contract Management  : http://www.cisco.com/E-Learning/gfo-cscc-training/public/cdc_single_files_entitled/Contract_End_User_Training/Contract_Management.pdf; http://forums.cisco.com/ecom/web/cscc
  3. SAP Contract Management: http://www54.sap.com/solution/lob/procurement/software/contract-lifecycle-management/index.html; http://www.rmms.ch/media//DIR_28601/7ce74d5485261ff1ffff95f5ffa86321.pdf
  4. Definition of vertical vs horizontal business model:  Horizontal Vs. Vertical Business Model | eHow.com http://www.ehow.com/facts_6823281_horizontal-vs_-vertical-business-model.html#ixzz2RIVKoCxn

Other references:

  • Infosys Contract Management – Procurement Department
  • Nokia Siemens Networks Contract Handbook  by NSN Global CM Team

About the Author

Anupam Sharan is Director and Head of Contract Governance for Sutherland Global Service Inc., with over 13 years of global experience in legal and contract management. His competencies include contract authoring, legal negotiations, contract management / administration, planning, contract compliance, governance, claim and change management and Risk management (including audits, litigation and arbitration). 

TO CONTACT THE AUTHOR, please mail your question to info@iaccm.com or connect using the IACCM Member Search (login required)

Copyright Sutherland Global Services Inc.


Competitive Bidding - does it deliver benefits?

It will surprise few that over 90% of suppliers say that a customer's competitive bidding practices impact trust, loyalty and behavior. Indeed, customers would be rather disappointed if the use of competitive bidding did not impact behavior. But the key question asks whether the effect is positive or negative - and there the answer seems to vary.

It will surprise few that over 90% of suppliers say that a customer's competitive bidding practices impact trust, loyalty and behavior. Indeed, customers would be rather disappointed if the use of competitive bidding did not impact behavior. But the key question asks whether the effect is positive or negative – and there the answer seems to vary.

Recent research by IACCM suggests that many customers need to consider carefully their use of competitive bidding. Most (68%) see it primarily as a tool to drive lower prices. Around 25% view it as a way to 'incent improved supplier performance' – by which they appear to mean an incentive for continuous improvement and innovation or of ensuring the quality of resources and supply. This attitude is consistent with other aspects of contracting and performance management, where the use of negative incentives is the predominant approach(e.g. allocating performance risk to the supplier, imposing liquidated damages etc.).

But how does competitive bidding affect supplier performance? The answer seems mixed. Regular use, or threats of, competitive bidding certainly keeps a supplier more alert. In commodity environments, it appears to generate some benefit regarding price. For example, 32% of suppliers in this category acknowledge that they are more likely to undertake regular price reviews and pass on any potential reductions. But the other 68% say that they are unlikely to take proactive action; they will store any price benefits until the threat materializes.

In higher value relationships, the potential cost of aggressively using competitive bidding becomes even more apparent. In environments where suppliers must commit significant assets or resources, regular competitive bidding generates understandable caution.

For more than 70%, this translates to decisions over customer preference, the quality and timing of resource allocations and the extent to which they share opportunities for improvement or innovation. One executive explained it this way: “Customer A is big, but they use this size aggressively. They make regular use of competitive bids and this sends the message that everything is about price. They forget that they are not the only show in town. Some of their competitors behave very differently – and that is where we are investing our best resources, our development budget and our loyalty.”

Buyers face two main problems:.

  • First, can they trust a supplier to pass on benefits proactively?
  • Second, how do they know that a particular supplier remains competitive over time?

The IACCM view of best practice is that buyers should make far greater use of ongoing benchmarks. Using incremental terms within the contract, requiring new and different forms of reporting by the supplier can ensure the customer is getting a competitive deal relative to other customers and effectively indicate overall market competitiveness.

Such terms also generate a closer relationship because they prevent the cost and disruption of regular bidding and they ensure shared data for performance reviews. This sense of working together to achieve shared value creates positive trust, loyalty and behavior. It generates obvious benefits beyond price – better resourcing, higher investment and the potential for greater innovation.

So it is time for buyers to think about less use of competitive bidding and more use of market benchmarking.


Buyer's Guide to Digital Electronic Equipment: No strings attached

Many products with digital parts are sold with 'strings' designed to lock buyers into high-margin post-purchase contracts for such things as 'Support', 'Maintenance', and 'Upgrades'.  Some contracts are so intertwined into the purchase that buyers are forced to replace fully functional equipment on a schedule dictated by the manufacturer. Author Gay Gordon-Byrne shows you how you can protect yourself from policies that limit your exposure to hidden permission issues that threaten your right of ownership and create nonessential replacement costs. 

By Gay Gordon-Byrne, President, TekTrakker®

Many products with digital parts are sold with “strings” designed to lock buyers into high-margin post-purchase contracts for such things as “Support”, “Maintenance”, and “Upgrades”.  Some contracts are so intertwined into the purchase that buyers are forced to replace fully functional equipment on a schedule dictated by the manufacturer.

Author Gay Gordon-Byrne shows you how you can protect yourself from policies that limit your exposure to hidden permission issues that threaten your right of ownership and create nonessential replacement costs. 

We know that as owners of non-digital equipment we can modify, resell, upgrade, and repair what we bought in any way we see fit.  None of us expect to seek the permission of the Original Equipment Manufacturer (OEM) for any of these purposes.   The same rights of ownership need to apply to digital devices and parts – or none of us "own" any of the products we are purchasing.

Support and repair are key elements of Owner's Rights. If equipment owners cannot keep their equipment operating over their use of the product, then the equipment has no value other than scrap.  Digital equipment is complex and fragile1 and support of hardware and software problems is often needed. It is therefore essential that owners be able to support and repair their purchases outside the OEM requirements, otherwise, basic elements of ownership rights are lost. 

The following policy choices on the part of buyers will determine how much, or how little, is owned in a digital product.   Keep in mind these policies reflect current issues with digital hardware ownership, not the licensing of operating systems, application products, or media/content.

Five Policies that Support Hardware Ownership Rights

  • Warranty: Transfers with equipment
  • Usage: Modifications and customization:  OK
  • Licenses and Content: Remain wholly separate
  • Used Machines and Parts: Acceptable for manufacturers maintenance if operational
  • Time & Materials Repair: Option available regardless of license or warranty status


Would you buy a car with a Non-transferrable warranty? Of course not.  The warranty is for defects in the equipment and has nothing to do with where you live, how much you paid for the vehicle, nor your choice of financing.  This is not the case with a wide variety of digital equipment that has linked warranty to location or some separate license agreement.2

Buyers should make sure that they are not denied warranty coverage based on location, presence or absence of ancillary licenses or content agreements, nor any linkage of warranty to vendor financing or leasing.


Apple tried to prevent buyers of their products from “Jailbreaking” in order to “Control the Customer Experience”.  The US Copyright Office rejected the idea and asserted that owners of Apple equipment have the right to control their own customer experience.3  This same principle sadly does not apply (yet) to other digital products.

Not only can Apple products be modified to suit the owner, but the owner is allowed to modify the proprietary IOS without being in violation of copyright law.  Owners of other digital machines have far less control over their “Customer Experience” and are actively admonished in their maintenance agreements that any modifications to the machine, including use of non-OEM parts, or used parts, will void the warranty or cancel the support agreement without refund.

Buyers should make sure they are not denied OEM support services by using non-OEM provided parts, including used parts, nor by attachments to non-OEM peripherals, nor by customization of the frame to suit the location, nor by the use of non-OEM services for other items of equipment.

Separate Licenses & Content

Owners of machines need to be able to sell their tangible assets without needing the permission of any holders of licenses that run on the machine.  This goes to the very nature of financial accounting, lending, and leasing where the asset must be transferrable without the approval or interference of any outside entity.  If software licenses, or content downloads, are tied to the machine, then each such entity can stifle secondary market traffic in the machine.

In the auto world a vehicle may come equipped with a subscription to satellite radio, but the owner of the car does not need the permission of the satellite radio company to sell the car.  In the world of many large systems products, from such notables as EMC, NetApps, Oracle, and IBM, the software provided with the machine, optional or not, is linked to the resale or relocation of the equipment.

Buyers must make sure that all licensed products, including poorly described generic “Machine Code” licenses, are clearly set forth with wholly separate terms and conditions entirely separate from the hardware.  All software licenses must have a specific value, and the value of that software and the manner in which the licenses transfer, or not, must also be clearly set forth at the inception of the purchase.  No machines should be purchased without a clear understanding of how secondary market transactions can be executed.

Buyers of “Appliance” type products, where the hardware is a packaged software application that includes hardware, should be particularly careful to require disclosure of license value and limitations on equipment transfer.  Some of these machines may be best treated as licenses with cabinets.

Used Machines and Parts

Machines without a secondary market are e-waste as soon as the first owner is unable to use the machine.  It is essential for the concepts of ownership, depreciation, lending, and leasing that machines can be bought and deployed as whole machines.  Manufacturers that refuse to accept used equipment under their support agreements are deliberately killing used equipment value. Further, value-killers come in the form of refusal to take used equipment under a maintenance contract without the payment of a hefty “Return to Service” fee, often tied to the contract price for the period of service when the equipment was not under contract.   (This is particularly absurd because the manufacturer is asking to be paid for services they never performed.)

Cars are vigorously traded in the used market in large part because owners can keep cars in service indefinitely through combinations of dealer repair, independent repair, new, used, generic, and custom parts, and the free flow of manuals and tools for older equipment.  If owners of cars were restricted to dealer repair of new equipment only, as is the case with many brands of digital equipment, the auto market would collapse and no local bank would offer a car loan.

Buyers must assure themselves that the same products they seek to purchase new can also be acquired and supported indefinitely as used machines.  The best qualification for any electronic product to be accepted for any maintenance agreement (OEM or ISP) is operation to specifications typically validated by execution of manufacturer-provided diagnostics.

Time & Materials Repair

As owners of such things as major appliances, HVAC systems, and cars, we often call manufacturers authorized service program for post-warranty repairs. These repairs are made on a “Time and Materials” basis. The repair organizations of these companies are usually profit centers and welcome the work. 

In the world of digital electronics, some famous manufacturers refuse to offer a Time and Materials service option in order to command costly post-warranty service agreements.  Worse, without time and materials options, used equipment cannot be brought back into service if it fails, since the manufacturer can (and does) refuse to support any used items.   If the buyer is coerced by these tactics into a formal service agreement, the manufacturer demands a hefty “Return to Service Penalty” - reimbursing them for services they never provided.

Buyers must seek agreements that allow for time and materials repairs without any obligation to place equipment under a long-term service agreement. These repairs must include everything that would be provided during an in-warranty repair including any applicable code updates.

In addition to the 5 policies that support the rights of owners to extend the useful life of their purchases, there are 5 specific requirements that support the rights of owners to have their purchases repaired by the party of their choice – including themselves.

Big Five Hardware Repair Requirements

  • Manuals: Operating & Repair included with product or internet download
  • Tools: Specialty tools with product or easily available for purchase
  • Parts: Service Parts for new machines available for purchase
  • Diagnostics:  On-Board diagnostics come with machine, external equipment available for sale
  • On-Board Software: Comes with machine, supported as hardware

These are the same 5 elements needed to repair automobiles, major appliances, home energy monitoring systems, cell phones, and business class computers.


Not all products come with operating manuals and fewer still are shipped with repair guides. Most user guides are now available on-line, but not all OEMS post useful repair manuals on-line. Manuals are still protected by Copyright for 754 years so copies cannot be reproduced, even if the vendor may have gone out of business.  Owners seeking to repair very common items, such as popular cell phones5, may find independently developed repair guides, but owners of less popular or non-consumer items are unable to legally acquire copies of repair manuals.

Buyers should require both operating and repair guides be included with their purchase in a printed or easily downloadable form.  If the forms are on the internet, the manuals should be available on the publically available section of the website and not blocked behind an entitlement or password-protected section. Buyers should require written agreement that the manuals be transferrable with the equipment in a secondary market transaction.


Many digital machines are shipped with locked cases, or software locks, which require specialized tools and codes to access the machine for repair.  Owners of equipment should be the holders of whatever locks and codes are needed to open the machine, and be provided with a basic tool-kit for access if the tools themselves are a specialty item.  This is common when one buys a towel rack or electric light fixture, it should be equally common for digitalh products.

Copyright law currently has a provision intended to help prevent piracy of VCR tapes which is being used to prevent the design and manufacture of physical and software tools useful for repair of digital electronics in all industries. 

Buyers must require for themselves the rights to all locks (physical and logical) and tools needed to access and repair the machine without limitation.  All such materials should be fully transferrable with the machine without the approval of the manufacturer.


Not all manufacturers sell service parts to their customers.  This is the case for many products, not just digital electronics. For example, Subaru does not sell service parts – one must go to the dealer or a scrap yard to buy a replacement engine control module (ECM).  Many manufacturers are intentionally slow to fill orders from parties they deem as competitors for repair, in order to push clients into high-margin pre-paid post-warranty service contracts.

Buyers should demand in their contracts that the manufacturer will sell service parts directly to them, or to their assigned agent, on the same basis as they fill orders within their own service organizations.  Buyers should also consider ways to stock-pile critical parts as the best way to improve time to repair and buffer the organization from delays, intentional or accidental, on the part of parts suppliers. 


Diagnostics take two forms – equipment and software.  Diagnostic machines are specialty tools, which may be a separate purchase, as is common in the auto industry.  Lack of diagnostic machines or code adds extra time and effort to the repair process.   This is why the Aftermarket Automotive Industry Association (AAIA) has been pressing for common interfaces for diagnostic machines from the major auto manufacturers.

Consumer and business electronics more often ship with on-board diagnostic self-test software.   These routines are available on-demand or operate automatically at start-up.  The only way that an owner, or a repair technician, can confirm that the machine has been correctly repaired is to run diagnostics. If the machine correctly executes the self-tests, it is fixed and can be turned over to the customer. 

Manufacturers seeking to press customers into pre-paid service contracts have taken to refusing to provide diagnostic code to customers without a service contract.  Most on-board diagnostics, such as self-test routines at startup, were shipped with the original machine.

Buyers should require that all diagnostic software be updated and supported in the same way to owners of the equipment without regard to warranty or maintenance contract status.  If there are diagnostic tools that are proprietary – such tools should be available for purchase by the equipment owner at reasonable rates without regard to maintenance contract status.

On-Board Software

Manufacturers in many industries have discovered that they can force buyers into long-term maintenance agreements by stating that the maintenance agreement gives them unique access to all the updates to unspecified On-Board Software6.  The implication is that without such access, a) the owner would not have all the latest safety and security updates and b) the systems would not perform correctly. These patches and fixes are then hidden behind an entitlement database preventing the owner or an independent technician from gaining access even to restore what had been originally provided. This is akin to Microsoft blocking access to their website in order to restore/reload the BIOS.

Reality is that most problems with On-Board Software are resolved with Engineering Changes which are typically distributed for free in much the same manner as automobile problems are resolved with recalls.  Depending on the manufacturer, some code-updates are presented as “Performance Enhancements” but when pressed on the details, the manufacturer is likely unable to provide backup information on just what performance is being improved.

Buyers must insist on full disclosure on the nature of all On-Board Software including pricing of all licenses, details of license transfers, and details of how On-Board Software is to be supported in the absence of a maintenance agreement with the manufacturer.   Buyers should require clarification on which types of code or routines are being supported as ECs, and which are optional and legitimate performance enhancements.

Buyers should not agree to purchase equipment that cannot be supported outside of a relationship with the manufacturer for either code updates or hardware repair as this puts the manufacturer back in charge of the secondary market transaction.  Further, manufacturers should not be permitted to change or create license agreements for any On-Board Software once the machine has been ordered.  It is currently the case that both IBM and Oracle (Sun) has been making new requirements for their version of On-Board Software years past the deployment of the machines.

The simplest way to make all these requests in a simple phrase is to require that all On-Board Code is part of the machine and treated as hardware. This eliminates the questions about which bits of code are legitimate license products and facilitates self repair, independent repair, and retention of used asset value.


  1. Digital electronics, unless specifically hardened, are vulnerable to temperature, humidity, power surges, power drops and accidental damage.  This is in addition to manufacturing defects, loose connections, leaking capacitors, short battery life, physical degradation of materials, particularly plastics.  See http://en.wikipedia.org/wiki/Failure_modes_of_electronics
  2. See policies of major processor vendors produced by the Service Industry Association http://www.servicenetwork.org/wp-content/uploads/2013/01/SIAStorageGradesNovember32011.pdf
  3. See more on jailbreaking and related issues at http://www.theverge.com/2012/10/25/3556740/copyright-dmca-jailbreak-unlock-mod-ruling
  4. See The Copyright Act of 1976 description on Wikipedia http://en.wikipedia.org/wiki/United_States_Copyright_Act_of_1976
  5.  www.I-fixit.com creates their own repair guides for products with an installed base of 1 million or more. 
  6. On-Board Software: Defined as all the routines shipped resident on the machine, either in microcode/firmware or local memory.  These routines are machine dependent, perform basic machine-level instructions, and are not separately licensed.  If the On-Board Software is not fully operational, the machine does not run.  Patches and fixes to the On-Board Software are usually downloaded from the internet as updates to microcode and firmware.  Owners of equipment are not typically provided backup and restore routines for these elements.



Gay Gordon-Byrne is President and Founder of TekTrakker®  -- a database of equipment failure rate, and Founder of the Digital Right to Repair Coalition.  She has been at the forefront of evaluating OEM policies on behalf of end users throughout her long career in enterprise IT.  Her experience with the world of hardware and software maintenance contracts brought her into leadership positions with both the Service Industry Association as the Chair of their International Customer Competitiveness Council and the development of a legislative advocacy group, the Digital Right to Repair Coalition. 

The Digital Right to Repair Coalition (www.digitalrighttorepair.org) was founded in January of 2013 to protect the rights of consumers and business to extended use of their purchases, and to assure owners of a fair and vibrant market for competitive options.

Corporate Offices: TekTrakker
 5 Cranberry Court
 North Haledon, NJ 07508 gbyrne@tektrakker.com 973-949-5164


The World of Global Procurement Q&A with John Zapko, VP of Global Procurement, Lenovo

John Zapko, Vice President of Global Procurement, Lenovo -- who has procurement responsibility over software, Latin America, and emerging markets -- discusses the importance of issues he faces globally regarding supply chain talent management.  Interviewer:  Robert Handfield, Bank of America University Distinguished Professor of Supply Chain Management at North Carolina State University, and Director of the Supply Chain Resource Cooperative (SCRC). What follows is an excerpt from the interview. 

Originally published March 14, 2013 - Video released and excerpt of interview reprinted by permission of the Supply Chain Resource Cooperative, Poole College of Management, North Carolina State University.  http://scm.ncsu.edu

John Zapko, Vice President of Global Procurement, Lenovo -- who has procurement responsibility over software, Latin America, and emerging markets -- discusses the importance of issues he faces globally regarding supply chain talent management. 

Interviewer:  Robert Handfield, Bank of America University Distinguished Professor of Supply Chain Management at North Carolina State University, and Director of the Supply Chain Resource Cooperative (SCRC).

What follows is an excerpt from the interview. 

Handfield  John, what do you see as being, in your world, the big challenges for Lenovo as you look at global procurement in the areas that you work in?

Zapko  Without question, attracting talent, bringing it on board, being able to hire this talent and especially retaining talent around the world in some of our most important positions, not only at senior management levels, but also commodity management and people that focus on the procurement activity, driving the supplier-based management like negotiations, contracts. As we drive in this complex world, having that level of talent is really critical for us, and it is clearly the biggest challenge we have.

The importance of talent in Procurement

Handfield  How do you create talent and why is it so important in a complex world? We've been hearing a lot about global complexity and the challenges in dealing with governments, with regulations. Why is talent so important in procurement as you work these issues?

Zapko  The global complexity is becoming more and more significant for us. As we drive our growth, in emerging markets especially, and as we drive our activity into those emerging markets, we need people who really understand the procurement role, have experience in delivering professional procurement activity, and who can do that in a more complex environment in the merging market, where government regulations' specific uniqueness surrounds the contract.

New emerging suppliers and our ability to manage those emerging suppliers become key critical skills and key critical experiences that, if we don't have, we're seriously lacking. So we benefit from those greatly, and when we find those people, whether we build internally through activity and growth and development, or we hire it in, once we have it and once we're driving the advantages with it, we really have to retain it. And so that becomes the major initiative for us as we work in this complex world.

Recruiting talent – attracting the best

Handfield One of the things I think that Lenovo decided to do a few years ago was became a partner to the Supply Chain Resource Cooperative (SCRC).  You've hired several of our graduates. What do you see as the role that organizations such as North Carolina State University and the SCRC play in Lenovo's search to recruit and retain the best talent?

Zapko  Beyond the corporate networking and attachment to local education, clearly the biggest thing for us has been our ability to attract both graduates and undergraduates to work with us in a variety of projects to improve the deliverables and the experiences, both from the students' perspective and from our perspective… We've learned how to bring these guys in, work with them specifically, get good deliverables out of those projects and really capitalize on that investment. And we plan to continue to do this for some time because it's really been a value for us.

Handfield What would be your advice to young people looking for a career in supply chain management at a company like Lenovo? What are the characteristics you look for?

Zapko   First, the supply chain is a very specific and important function. You've said -- and it's been proven over the years -- that the supply chain is increasingly important in the capabilities and the advancement of global organizations especially, like Lenovo. We've done some of the same things internally, because we've raised the level of the supply chain in our company.

My advice to young talent is state your interest. Come into it as a business proposition, whether the young people land in procurement or logistics, or supply management or planning, supply chain is big and broad. From a business perspective, it has many challenges.  People can find their way to a career of their liking.

From a procurement perspective, I always coach my new hires to think of it as your business management. You're delivering the procurement responsibilities and the procurement professionalism. But if you're not focused on delivering the spend management, finding your supplier base, and operating in a professional way, you are likely to become a procurement professional who takes other roles within the business, within the supply chain, and within the corporate structure.

Video of interview


RWW_242 Rob Handfield is the Bank of America University Distinguished Professor of Supply Chain Management at North Carolina State University, and Director of the Supply Chain Resource Cooperative (http://scm.ncsu.edu). He received his PhD in Operations Management from the University of North Carolina at Chapel Hill, and a BSc in Applied Math from the University of British Columbia.

Handfield is the author of several books on supply chain management, and has published many scholarly articles on the subject.  He is considered a thought leader in the field of strategic sourcing, supply market intelligence, and supplier relationship management.  He has spoken on these subjects across the globe, including China, Azerbaijan, Turkey, Latin America, Europe, Korea, Japan, Canada, and other venues.

BE SURE TO VISIT ROB at his blog Rob's Supply Chain View from the field where you are sure to enjoy his series of articles with personal observations.  Interesting!  Candid!  Insightful!  He welcomes comments.

TO CONTACT THE AUTHOR, please email your question to info@iaccm.com or connect using the IACCM Member Search (login required).


Measuring the effectiveness of IACCM's Certification and Managed Online Learning Programs

An excellent way to help move your career forward is to take advantage of IACCM's learning programs.  They are helping many become game-changers within their business environments.  Many believe they are empowered to think differently and see results of putting into action what they learn throughout their participation.

An excellent way to help move your career forward is to take advantage of IACCM's learning programs.  They are helping many become game-changers within their business environments.  Many believe they are empowered to think differently and see results of putting into action what they learn throughout their participation.

IACCM programs are…

  • Easily accessible: Quickly find convenient, core materials online
  • Low cost: No travel, no expensive examination fees
  • High value: up-to-date materials reflecting best practice concepts
  • Global: the only certification program designed for a worldwide audience
  • Interactive mentoring: students benefit from access to top academics and expert practitioners via webcast and message boards

eLearning summarized

The IACCM Online Learning Program is currently offering three online learning courses as follows.  Successful completion can lead to certification (CBoK and SRM are further explained below).

  • Contracting Body of Knowledge (CBoK) provides latest information on global best practices in Commercial Contracting and Contract Management. Selecting either a sell-side or buy-side curriculum, you will learn the full end-to-end contract lifecycle.
  • Supplier Relationship Management teaches skills and knowledge you need to implement SRM practices effectively within your organization. Completing the program leads to individual certification and a 'license to practise SRM'.
  • The Oil and Gas Learning Program, the world's first of its kind, educates new and experienced practitioners in best practices of international oil and gas contracting and contract management processes.

Visit the website and click on eLearning at the top


Certification summarized

IACCM Certification demonstrates your achievement of industry-leading standards of professional knowledge, skills and best practice. Being a certified professional means you have been granted IACCM accreditation based on demonstrated performance as well as work experience and academic qualifications. You have advanced your knowledge, career and standing with the world's most widely recognized professional certification in contract and commercial management.

Start with our self-assessment   

Your online self-assessment compares your current skill level with key areas of competence which includes knowledge and skills.  Your assessment is validated by a reviewer, usually the line manager, or a member of IACCM's certification review board.

Get detailed, objective feedback 

After your assessment has been completed and reviewed, you will receive a comprehensive, personal report on your strengths relative to your peer group. This reporting capability is unique to IACCM and involves 'benchmarking' you against other professionals at the same certification level. As a result, the personalized advice on your strengths and areas for improvement gives you a solid foundation for a personal development plan.   

Certification levels 

Any IACCM member who demonstrates the necessary skills and training in the assessment can apply for IACCM Certification at one of the following levels.  Your level will depend upon how much experience you have in the field and the grade that you achieve on the certification exam. If you fall short of the level for which you are applying, you will be certified at a lower level. Conversely if we find that you have applied for too low a level, we will contact you about upgrading.

  • Associate (CCMA) For anyone working in a contracts / commercial management role who can demonstrate the appropriate skills and knowledge.
  • Practitioner (CCMP) for anyone who can demonstrate the required skills and knowledge, and has a minimum of two years experience in the field.
  • Expert (CCME) requires a minimum of seven years experience in a management or senior specialist role, and a more extensive assessment and peer review. 
  • Fellow (FCCM) represents outstanding experience and career performance, and a record of contribution to the profession and its development. Peer interview and confirmation by the IACCM Board.

Contracting Body of Knowledge (CBoK) Certification

CBoK provides global best practices in Commercial Contracting and Contract Management. By selecting either a sell-side or buy-side curriculum, you will learn the complete, end-to-end contract lifecycle. More than 4,000 people are currently raising their skills and knowledge through IACCM's web-based, cost-effective CBoK program.

Supplier Relationship Management (SRM) Certification

SRM Associate Certification is designed for those who act as the routine contact point between the organization and supplier. SRM Practitioner Certification is designed for those who have managed suppliers from the perspective of developing strategic relationships. SRM Expert Certification applies to people who direct and inform policies and procedures that deliver positive relationships with the strategic supply chain and gain support from senior levels of management within both organisations.

Visit the website and click on Certification at the top

What's next after certification?

Upgrade your accreditation to the next level

You can apply for re-certification (move to the next level) not less than one year after your initial certification. You must renew your certification every two years, demonstrating that you continue to perform tasks relevant to your profession and your status within it.

Renew your Certification

Unlike other organizations, we do not charge a large fee to maintain your certification, which is valid for two years before it needs to be renewed. There is a $40 USD renewal fee to cover processing costs. You can quickly and easily renew as part of your membership renewal. We do, however, expect you to continue your personal and professional development.

Feedback: What grads are saying…

We've been posting comments on the website over the years from graduates of Managed Learning and other programs.  Here are a few typical ones. All have given us permission to reprint their comments.

Lucia Gregor, Contract Management, Accenture, Slovakia
“Facing a threat of contract termination for cause once, I was asking myself what to do now? To "save" the contract or to prepare for a smooth handover or...and how to do that? Should I have seen this module before, my life would be so much easier. I recommend everybody to see the extremely useful attachments! They are so helpful. Thanks a lot for them.”

Jim Kendrick, Senior Contract Review Analyst, Westinghouse Electric Organization, US
“I think the program is terrific and the best thing I've ever done for my career.  The individual module exams are a little more rigorous than I had expected, but that's all right.  It gives me more pride of accomplishment to know when I've mastered the material.”

Adewole Babasina, Contracts Advisor, Chevron Upstream, Nigeria
“Module material is very relevant to what I do and am excited because though I have been in contracting for many years but I immediately feel like I am learning something new and valuable.”

Visit our website for more comments at the right-hand column





2nd Annual Innovation Awards are coming your way... and you're invited!

Your success story could put you and your organization in the winners' circle!  If you are making a measurable difference in raising contracting and commercial capability and performance in your organization, why not compete for IACCM's Innovation Award?

Your success story could put you and your organization in the winners' circle!  If you are making a measurable difference in raising contracting and commercial capability and performance in your organization, why not compete for IACCM's Innovation Award?

It's easy! All you have to do is participate!  Even if you don't “win” you can't lose!  You'll learn, grow, and get better at delivering outstanding results.

Plan now!  Don't put it off!

  • To enter the awards, please complete the Innovation Award Survey. https://www.surveymonkey.com/s/FZH2FSK  
  • August 9, 2013, is the deadline for entering (submitting the survey).
  • Finalists will be notified no later than August 28th.
  • The winners in each category will receive their well-deserved trophies during the Awards Dinner at the IACCM Americas Conference, on October 9th in Phoenix.

You may enter any of these award categories. Your only requirement is a relevant success story of your own to tell. It must be measured, proven to be significant and found to be sustainable.

  • Award for personal initiative

    For an individual practitioner who has shown outstanding leadership or endeavor in delivering value and raising the profile of contract and commercial management.
  • Award for operational improvement

    Awarded for initiatives that have delivered significant business value through improved commercial or contracting process or practices.
  • Award for strategic direction

    Awarded for initiatives that have raised the strategic profile and contribution of the commercial or contracting process or function.
  • Award for outstanding service provider

    For consultants, service or application providers who have led or enabled high value initiatives at client organizations.

More about the event 
Please visit www.iaccm.com/americas for further event information and award details.

IACCM is dedicated to encouraging and promoting innovation in contract and commercial practices and methods.

Contact: Carina Kuhl, VP Member Events & Partnerships
ckuhl@iaccm.com, tel. +1.203.403.1978, www.iaccm.com


Readership Gains are Measurable, Thanks to our Editorial Board (EB)

The purpose of this announcement is twofold:  to announce changes to the Editorial Board and to reveal the excellent results of their work with IACCM. Our recent readership survey shows that reader response has been growing since the EB members were appointed in late 2012. 

The Editorial Board’s main job is to review articles for Contracting Excellence, but they have exceeded expectations by writing articles as well.  Consisting of management experts located in various parts of the world, these IACCM members work hard behind the scenes, making sure articles posted meet or exceed the standards we expect.  Their passion is to ensure that readers get the relevant content they deserve. 

IACCM recognizes the following members for exceeding expectations!


Famil Garayev is a Supply Chain Category Manager at Chevron Canada Business Unit. He is a professional in supply chain strategy planning and development, strategic sourcing, bid evaluation & negotiation, contracting, procurement, supplier management, financial and cost analysis with ten years’ of experience and a certified member of IACCM. Previously Famil worked for BP Azerbaijan and BP Canada in various supply chain and contracts management roles. He is fluent Azerbaijani (his native language), English, Russian and Turkish. He lives in Calgary, Canada with his wife Mehriban and daughters Amina (2 years old) and Madina (5 years old).


Fayola-Maria Yeboah has worked as a contracts professional for market leaders in defence, pharmaceuticals and oil & gas.  She has a solid legal educational background and holds membership with the Chartered Institute of Legal Executives. Fayola recently commenced a new role as Contracts Manager, Europe for the multi-billion dollar international business Enterprise-Rent-a-Car. She states, “Enterprise is a very exciting company. The leadership is truly outstanding and there is a real entrepreneurial spirit amongst employees. As the first Contracts Manager employed at their European headquarters, I feel like a pioneer. This is a fantastic opportunity to add long-term value to the business.”


George Neid, Manager Program Contracts with Raytheon, is a 34 year Domestic & International Contracts veteran of Raytheon/Hughes Aircraft//L-3 Communications/Honeywell. Currently assigned to Combat Systems Contracts, he is working a major US Army contract, , GCV.  George is also responsible for various international pursuits as well.  â€¨â€¨

A contributor to Contract and Commercial Management: The Operational Guide (published in November, 2011 by Van Haren Publisher), George is a Certified member of IACCM and serves on  Editorial Board and previously served on IACCMs Professional Development Council. He is also a  member of the NCMA, North Texas Chapter, Defense Industry Offset Association and Society for North American Affairs (Defense Industry Exports Group).


María Arraiza-Monteux is the Capability Building Program Manager at the DuPont Contract Manufacturing Center of Competency, based in Wilmington, Delaware. In her current role, María defines standard work and designs the learning and development program for the global contract manufacturing staff.  Over her DuPont career, María has held manufacturing and technical roles at several manufacturing plants in the United States, Puerto Rico and France, and has been improving supply chains in the specialty and industrial chemical sectors since 2000.  María holds a Bachelor of Science degree in Chemical Engineering, and she is fluent in Spanish, English and French.


Melissa Jansen is a contract manager at Accenture, South Africa. She joined the Accenture Contract Management team in January 2012 and has since worked in different client industries, namely Telecommunications, Financial Services and Resources. She has been involved in the pre-sales negotiation and the delivery phases of Contract Management. She completed an LLM in International Commercial Law at the University of Aberdeen in the UK. Melissa enjoys the opportunities and challenges contract managers face daily.  She endeavors to find workable solutions, enjoying the pre-sales negotiation phases of Contract Management.


René Franz Henschel is Associate Professor at Department of Law, Business and Social Sciences, Aarhus University, Denmark. His area of research is Contract Law, Contract Management and Proactive Management and Proactive Law. He has contributed to chapters in The International Contract Manual (Thomson Westlaw) and the IACCM Contract and Commercial Management – The Operational Guide. He is consultant to companies and public procurement organizations on how to implement best practice Proactive Contract and Commercial Management and software systems to support the relevant processes and activities.


Stephen Davis is a contracts & commercial manager with CGI, based in London. Having worked in this capacity for over seven years, his career path spans BAE Systems, Fujitsu and Logica (now known as CGI UK).

"I’ve been fortunate enough to have some great experiences along the way and work with some great people, including pre-contract and post-contract work in both the UK and France. In whatever role I find myself, I aim to ensure that contract and commercial management is a central part of business decision making and really adds value both to business winning and how we execute delivery."


Guillaume Bernard, currently serves as a Contract & Claim Manager within Schneider Electric after having worked for Siemens in this capacity, with particular experience in the execution of turnkey projects. He has a legal background with a strong contractual culture (civil and common law) and has developed specific expertise in the implementation of Contract & Claim Management cultures within tendering and execution project organizations (processes, internal training courses and dedicated tools).


Flora Cabean is the Contracts Supervisor for Global Business Technology, Procurement & Contract Services at VF Corporation in Greensboro, North Carolina.  VF is the world’s largest apparel company with brands such as Lee, Jansport, Nautica,The NorthFace, Timberland, and Vans.   

Flora has nearly 20 years experience in counseling and advocating on behalf of clients and customers in a range of legal roles. In her current capacity, Flora reviews and negotiates technology deals for VF and is responsible for the oversight of VF IT contracts from initiation to execution. Flora is an attorney and a member of the State Bar of Michigan. 


Grant Collingsworth is the General Counsel of SciQuest, Inc. (Nasdaq: SQI), a leading provider of cloud-based business automation solutions for spend management.  Grant oversees all legal and compliance matters for the company, including securities law compliance and transaction matters. He brings over 20 years of legal experience in areas such as mergers and acquisitions, securities, corporate finance and legal project management. He has extensive experience with companies executing growth strategies through acquisitions, as well as companies in numerous initial and secondary public offerings and other corporate finance transactions.  Grant received a B.A. in Finance from the University of Oklahoma and a J.D. from Emory University’s School of Law.


Who are we at IACCM?

This fifth in a series of Q&A articles profiles IACCM staff member, Joanne Needs, Director of Global Professional Development.

New to IACCM, Jo Needs is not afraid of change.  When it happens, she knows how to remain positive and see the good things in life.

Responsible for defining and implementing learning and development best practice for IACCM learning programs, Jo’s goal is to ensure high customer satisfaction and learning effectiveness.  Customer feedback – whether positive or negative – is the backbone of her success at IACCM! “Keep your feedback coming, please,” she says to members.

Q       What prompted you to join IACCM?

During 2011 – 2012, life began tossing me some difficult and unexpected challenges.  I decided to take time for myself and think about what I wanted to do; what would really motivate me?

At the end of 2012, someone at IACCM, with whom I had worked for many years, suggested I send IACCM a resume for an available position.  It fit my background of learning and development, but was significantly different too in that it focused on e learning, engaging learners from a distance and client relationship on a global scale.

Challenging myself, both personally and professionally, I joined IACCM. Is that fate, or destiny?

Q       In brief summary, what is your role at IACCM?

Ah, now that’s a question!  Today, it is quality managing the current learning programs, so it’s important that members keep their feedback and comments coming in.  I am building relationships with current corporate clients to support them as they journey through their learning program.  I am helping them identify ways to enhance the learning…but the best thing of all is that tomorrow it could be completely different.

Q       What do you like most about working with IACCM?  What has been most challenging?

The team of people within IACCM, and the variety of work have to be the things I like best.

The most challenging – working at a distance from everyone; if you knew me, you would know how difficult having only the dog or the radio to talk to was in the beginning!

Q       Would you share one incident you remember the most in in being part of IACCM?  It might be something unexpected, humorous or a valuable skill set you developed, or a skill that helped you the most when you first started.

Flexibility is a skill that helps me change direction when required, helps me out with others’ tasks, and responds to what is necessary.  And the other skill – never be afraid to admit it when I am wrong, or have made a mistake -- helps build trust and credibility.

Q       Describe your career path and name one thing you loved the most.

I started work in 1983, in the civil service, and spent 13 years in a number of administrative roles in the same department. In 1996, I ‘fell’ into, what was then called Training…they needed someone to help for a few months, I left there in 2007!

I designed and delivered a range of training courses and became the training manager.  After a brief secondment (transfer) to another government department, I returned to my parent department, and was promoted to Head of the Internal Communications department, before becoming Head of Learning and Development.

As with many government departments, that role was outsourced and so I moved to General Dynamics (GD) UK Ltd as a Learning and Development Consultant.  Moving from public to private sector was a big culture shock, although the pace of change was somewhat slower. The role was challenging as I supported a number of business units and supporting functions, but I learned a huge amount! It was while working at GD that I contacted IACCM, in 2007.

So had my role in 2007 not been outsourced, I might not have worked at GDUK or ever heard of IACCM…good things can come out of what seems a little difficult at first.

What I have loved throughout all my roles is meeting and working with different people like the public who needed the services of the department, the team members and individuals I have met on courses and conferences.

Q       Can you describe briefly your office surroundings when you began the company and where you are now?

On starting with IACCM, my office consisted of my dining room, which was very pleasant, with a view into the garden -- which after spending six years in an office with no windows at all -- was such a pleasure. But I got tired of moving everything when it was time to eat! 

I have progressed now, into a corner of my kitchen, much closer to the kettle and means I can leave all my work out each evening!  Only a temporary measure as the builders will soon be starting work on an extension to my house….my new office.

Q       If there is one thing you could change about your world, what would it be? 

Can I have two?  That my office was already built; and that people who have things (jobs, home, family) realize they are far better off than many, so stop moaning and spend that time enjoying life…its too short not to.

Q       What do you want most for readers of our website or from Contracting Excellence?

To understand and believe that they are key members of any organization they work in and their profession is as vital as any other department within an organization.

That they view personal learning and development as an opportunity for growth and not a chore.  Change is a positive thing, as long as we are willing to change with it.

Q       Where were you born / spent the biggest part of your childhood?

I was born in Cwmbran, the town I still live in.  It’s a good place to live; very near to the beautiful scenery of the Brecon Beacons, a short drive from some of the loveliest beaches, on a direct rail line to London and only twenty minutes from the fabulous city of Cardiff and the amazing Millennium stadium – home of Welsh rugby- well worth a visit if you are in the area!

Q       Describe one highlight about your earliest years that you remember the best – something humorous or best learned?

That tortoises are distinctly different from turtles or terrapins, in that when you put them in a fishpond, they sink, rather than swim!  I was only six when I tried this, and the tortoise is still alive!

Q       Regarding your education, what aspect of school do you remember most vividly?

Hating biology, chemistry and especially physics – why did I need to dissect a rat, learn to recite the Periodic Table, or Newton’s law?  I still can’t see the point!  BUT, give me Shakespeare or poetry…!


Open Source Software Policy - Free Trial for IACCM members!

Practical Law is pleased to offer IACCM members free trial access to the Open Source Software Policy. This standard document is provided as free and open source (FOSS) software.

The Practical Law is pleased to offer IACCM members free trial access to the Open Source Software Policy. This standard document is provided as free and open source (FOSS) software. 

Features you'll find useful:

  • Your company can use software for your internal operations or products or services you develop for distribution to third parties.
  • The model features important drafting notes and tips, and can be used as a stand-alone policy document, incorporated by reference in a general company IT policy or included in an employee handbook in abbreviated form. 
  • It is jurisdiction neutral.  But you must tailor it to suit your organization's managerial structure, resources and strategic goals.  
  • It is available with a free, no obligation trial to Practical Law's online service.

Jurisdiction:  USA

State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This standard document has integrated notes with important explanations and drafting tips.

How do you get it?

Click on and review… Open Source Software Policy from Practical Law



Courtesy of Practical Law
19 Hatfields, London, SE1 8DJ

T +44 20 3423 6322 F +44 20 7202 1211



2013 Editorial Board

Maria Arraiza-Monteux, Program Manager, Dupont, US
Guillaume Bernard, Contract and Claim Manager, Schneider Electric, France
Flora Cabean, Sr Contracts Analyst, VF Corporation, US
Grant Collingsworth, General Counsel, SciQuest, United States
Stephen Davis, Senior Commercial Manager, Logica, UK
Famil Garayev, Supply Chain Category Manger, Chevron Canada Business Unit 

Rene Franz Henschel, Associate Professor, Aarhus University, Denmark
Melissa Jansen, Contract Management, Accenture, South Africa
George Neid, Manager, Program Contracts, Raytheon, US
Fayola Yeboah, Contracts Officer, Cobham, UK



This newsletter is intended to keep readers abreast of current developments in the field of contract and commercial management. It is not, however, to be used or relied on as a substitute for professional advice. Before acting on any matter in the areas, readers should discuss matters with their own professional advisers.

This site is provided by IACCM on an 'as is' basis. IACCM provides this web site as a service to those people seeking contracting and commercial news and information. IACCM assumes no responsibility for consequences resulting from the use of information on the site or information obtained through links. IACCM will not be liable for any damages of any kind arising out of use, reference to, or reliance on any information contained in the site. IACCM is not responsible for the accuracy or content information contained in the site or in the links provided on its site. Links to and from IACCM do not constitute an endorsement by IACCM of the parties or their products and services.


The content in this publication is copyright. Excepted as permitted, no part of this publication may be reproduced by any process, electronic or otherwise, without the specific written permission of the copyright owner.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of IACCM, or its content suppliers or an identified third party and is protected by international copyright laws. The collection, arrangement and assembly of all content on this site are the exclusive property of IACCM and are also protected by international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

Use of this site

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by IACCM. Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.

Published by IACCM, 90 Grove Street, Ridgefield, CT 06877, USA www.iaccm.com