Great question. You have certainly come to the right place for some expert advice. I hope others jump in as well. You can find an array of resources at your fingertips (including case studies).. if you go into the resource library (Resources > Resource Library) and search by category = Negotiation. I would particularly recommend:
IACCM Dubai Member Meeting April 2019 Presentations
Ask The Expert: Negotiating and Contracting in the Middle East
The Power of Intent Workshop - IACCM APAC Conference 2019
Do Procurement practices cause dishonesty?
Negotiating in a time of coronavirus
In Negotiations, Givers Are Smarter Than Takers
In addition, you may wish to consider our new Managing Contracts Virtually training program (which is currently included as a member benefit) .. Training > Managing Contracts Virtually.
If you need help accessing any of these materials, please contact me at email@example.com.
I agree that simplification is the only way to go. More and more companies are realising the benefits of reducing sales cycles, negotiation times etc together with ease of understanding of contracts by key stakeholders and customers.
I agree that too much emphasis is often placed on covering off risk when a certain amount of risk is an element of all contracts. Managing that risk in an intelligent manner is key and part of that management is using the right contract terms for the relevant offering. IACCM's VCU Framework will help companies to manage uncertainty through contracts.
We would welcome the opportunity to explain the benefits of contract simplification and design together with the VCU Framework to your senior business and legal teams. Please reach out to me personally if you would like to discuss. My email is pdoyle@IACCM.com
VP and Global Head of Research and Analytics
Alma, my apologies for not spotting your post earlier!
The elements you mention are components of a Commercial Management process. To gain a comprehensive overview, you may find the IACCM 2019 Benchmark Report helpful - it sets out the various activities associated with the contracting and commercial lifecycle.
If you would like to discuss how you might best approach building the Commercial function, I'd be delighted to arrange a call. You can contact me at firstname.lastname@example.org
Hi Erik - personally I don't think that you are the last one to figure it out, and if I might observe, I believe that there are many others around the world trying to work out what it means for them.
There's two things I'd contribute to your thinking, which are caveated in the usual way (i.e. my views and not necessarily those of my employer) :
1. I think that there is a financial cost to the organisation in seeking to embed these. It's a discussion that I've found has meant that it's hard to get real traction - as whilst the requests for these initiatives come in, there has not been the additional funding provided to many Government organisations to get his going. Sure, it's argued that there are other benefits - often more widely outside of the organisation - but many organisations aren't winning the battle with their finance teams that could see this progress.
2. I have been impressed with the approach of the IRD team in New Zealand. From the presentations that I've seen from Karen Whitehouse and the team, they picked one of the UN goals that was most relevant to them, and looked to focus on that. I think this will be more effective than those who try to achieve too much by looking to incorporate too many of these goals into their procurement activities.
We've looked to take that thinking on board into our operations. Given our contracts are split into portfolios, the challenge for my team in 2020 is to get the business agreeing to an area of focus and measurements for each of these portfolios. These might be the same, or they might be different, but we're using that approach to get the business owners, as well as the leadership team to buy into it, so it's not us going it alone.
Like you, I would love to hear how others are approaching it - it's brave of you to start a topic by making yourself vulnerable, but I think that you're in good company.
• NXB AB
Hi Darren, thanks for your contribution. I will add, in terms of motivation, that the Swedish government yesterday announced their long-term strategy towards a sustainable society in general and climate activities in particular. As always, there were many (130) activities, more or less concrete, but a very firm statement by the minister was that they will demand from all public procurement to embed the Agenda and thereby drive the change process.
Obviously, there are a zillion question marks on how to do it (sounds a bit like "how to eat an elephant") and I believe that selecting the goal(-s) that are most relevant would be a decent strategy with a good chance to succeed. I looked at the IRD homepage but could not see a whole lot. Is there a write-up of some kind that I could get access to.
Btw, I am glad to see NZ being active, Tim mentioned it to me and I really believe that us smaller countries are quicker to decide and get going rather than just talking. Denmark is also, as I understand it, acting in the same direction and I honestly believe that we together could put together an IACCM statement of some kind, given that we find more material.
• Ngamuru Advisory
You've hit on a really good topic. As I sit here in Australia in the areas affected by fire and storms the need for broader outcome as part of public spending is not lost on me. So much so I recently wrote an article on my blog (www.performancebasedcontracting.com) on this topic. I also mentioned that this is being used, or trying to be used. I'd be happy to provide more details directly if you need. Key thing is that it is possible, just not typical. And I hope we can all change that!
Dr Andrew Jacopino, IACCM Fellow
• NXB AB
Hi Andrew and thanks for your encouraging article. We seem to have things bubbling here and there in the world and I understand that Tim Cummins is taking a lead from an IACCM perspective, that you are involved and that I will try to contribute to the best of my capability.
Meanwhile, I continue to make myself present in the public domain, an interesting effort after 44 years in the private sector. There is no doubt in my mind that the "public muscle" is a major enabler to introduce a more targeted, ambitious and future-focused trading practice.
In addition, I hear more and more that having a common purpose and an encouraging, visible leadership is more engaging and motivating to coming generations entering the labour market than career paths, personal benefits and generic power and status symbols. Without a clear purpose and professional leadership "the good ones" are gone. Yesterday, the CEO of Scania, producer of heavy trucks, buses and other machinery, said exactly this in a TV interview. My contacts with leaders in the public sector say the same.
Tomorrow, I will meet with a few like-minded people in Copenhagen and look forward to continues communicating with you and others in IACCM on the subject. A "viral approach" will be very important, I believe!! There are big and well funded opponents to a change in the current activities.
Dear Carrie, I have experience from pricing changes both during the negotiation process and during the contract lifecycle. Our clients have especially found this as an effective tool during negotiations to demonstrate risk/work-impact if the other party is requesting terms transferring an extensive part of the risk/work to them. By showing the cost-impact, the incentive for price increase becomes rather obvious which strengthens your negotiation position. Kind regards, Madeleine Willyams - Advokatfirmaet Negota AS, Norway.
• Seplat Petroleum Development Company Plc
1) This is novel to me. Reading your post, your organisation is on the supply side. If I am right, I work for an organisation on the buying side and will want to know how this can be of benefit for one on the buying side.
2) Is it possible to see a sample of just one of such clauses, to see how it was drafted?
Personally, I would say the 10 are still applicable today (Jan 2020). I also think the point about how fast the world is moving - particularly technology wise - is true and it has only sped up even more in the past 5 years.