I appreciate your response very much. I do feel that maybe I wasn't as clear as I should have been on the way we currently process the paperwork for these resources or rather the time periods that we are working with. We currently have terms for these resources that range from one week to 12 months. That said, most of them are over 3 months and the majority run 3-6 months. So thankfully we are also only using PO's for anyone working more than 1 month and usually only the 3-6 month range resources are renewing on a regular basis. I hope that helps to paint a more clear picture of the situation.
I would raise a call off PO so invoices can be processed and hours agreed, I wouldn't raise a PO for each person each week
Yes, there are multiple templates and business cases available for potential outsourcing frameworks. IACCM offers its members access to a wide range of standard templates which can be used as-is, and/or adapted to include elements specific to companies on a case-by-case basis, so we should learn more about the specific requirements, needs and size of your organization prior to analyzing templates for those purposes.
As Pablo has indicated there are multiple options, as a business case will be highly variable and largely depend on the structure a given enterprise expects of their business cases across the enterprise. Plus, the business case will largely depend on the nature of what is being outsourced. With these variables in play, someone else's business case might not be an ideal for your purposes - it will have limitations and should not be treated as the solution. Rather, it is best utilized as a general starting point. Has your enterprise created business cases for other endeavors? Those internal templates should be consulted.
With these caveats aside, you are encouraged to join the IACCM Community of Interest (COI) focused on Outsourcing, as there are probably a few members in the Outsourcing COI who can share some specific examples.
Thank you very much, i will join the IACCM Community of Interest :)
BlueCross BlueShield of South Carolina
It is a good topic to talk about. I struggle with what metrics to report on. It only takes one bad contract to cost the organization lots of money but it is hard for people to grasp it. How do you report on that? Currently, I report on the number of contracts the organization has and the amount of money expected to spend under a contract. Cost savings and cost avoidance is reported by my department through our category managers. I believe the category managers take the first offer from a vendor and then subtract the final number after negotiations to calculate cost avoidance. Cost savings is calculated if the organization will contractually pay less under this contract than it historically has for that same commodity. These definitions were agreed to by both our CFO and our Director.
• Century 21 Vanguard
Patrick, are you familiar with IACCM's "10 Pitfalls" research? This study looks at the top value erosion areas. Flip the erosion perspective and you'll quickly find key areas where by improving your capabilities you will improve ROI. Please reach out to me if you wish to discuss this in detail.
• BlueCross BlueShield of South Carolina
Thank you for the excellent recommendation. I've reviewed the research in the "10 Pitfalls" and it has provided me with concepts that I will research further internally.
Patrick, in addition to this first part of the "ROI of Contract Management", I'd also recommend to continue reading Tim's part two of that blog: blog.iaccm.com/commitment-matters-tim-cummins-blog/the-roi-of-contract-management-part-2 You may have already read how the article describes how the Contract Management role has evolved. Now, in this new section, you will have the chance to identify the benefits that can be achieved when creating and demonstrating value from such a role.
Michelle, you might want to first search the IACCM Library for data that can help you make your case. We have studied many large global companies and believe the average loss for poor contract management is about 9.15% of revenue. Of course this varies depending on industry and your organization's contracting maturity. Please reach out to me if you'd be interested in an assessment of your organization.
You might also wish to look for last year's Innovation Awards, where the Winner Layne Jeffery built a CM department where there was none:
An interview with him and the other award winners is in the library as well.
• Rogers Communications
Thanks to both of you. I'm new here, so my apologies if I'm asking obvious questions.
Michelle, if you are still struggling with this, let me know and I will be happy to arrange a time to talk and help with your questions.
I hesitate to give you a generic answer because it depends a lot on some of the business objectives and management issues that prevail in your company. Your success will depend on making a proposal that aligns with management thinking and priorities.
You can reach me at firstname.lastname@example.org
• EB5 Brics
While you build the business case, if you need technical assistance or perhaps some metrics, I'd be happy to help.
Thanks, Phyllis, I am glad that you found the webinar helpful; it was certainly a great session to moderate, with some really good questions at the end. I agree - we often don't pay enough attention to the learning style and the impact that has on how information is absorbed. Paul Branch
Me too. I would be interested to hear what others have found in selection of a CLM.
I am not a buyer of CLM solution but a seller. I work for EY and have developed a easy plug-in and use SharePoint based CLM solution. Would be happy to participate in the RFP/RFI process. My email ID is: Kulbir.email@example.com.
As for my tool the below features are available at extremely reasonable pricing and very easy to use format.
Integration with Clients' system
Repository of Contracts
Templates uploading and downloading
OCR File Scanning
Dashboards and Reports
Alert and Notifications
Multiple Filtering options
Selecting form Templates
Download Reports/Export meta data to excel
Upload templates to a selected workspace
Create new user accounts
Reset user accounts
Edit access to users
create new workspace
upload templates to a master database
Easily Customizable App UI
Contract Clause Library
Intake form that can integrate with single sign on (SSO)
Compliance with other regulations
• Fire and Emergency NZ
Hi Geoff. We found a lot of the systems on the market, whilst all really good, focussed on workflow. Emails and notifications of moments and issues galore. I've always found that you don't need that if you have the right team, this isn't needed. They know what thy have to do, what stage in the process and when. So that for me was a major issue.
The second thing is a lot of them have lots of functionality around the back and forth and negotiation of clauses. I'd suggest again if you have really good templates and good early engagement, you reduce the back and forth required and can get the benefits of quicker turnaround and e-signatures without a bigger system.
I would flag that you should not underestimate the work required to get your current information into the new system. It's probably going to be more than the annual fees to set up. In the RFP / RFI - get them to tell you their plans and costs for getting the records in the system. It's not just the scanning of records, but also the information in the contracts (milestones, conditions) that need to come in.
Finally, I'd really recommend that you bring in as many people as possible into this process, especially in the procurement team. The users and the team are the ones that will have to use this solution going forward and keep your records in that format for all of those wonderful visuals and reports that the new system spits out. I've seen and heard of many instances where the new CLM has failed because the team and users haven't brought into the solution.
We've been lucky with our solution (it's a simple one that we developed in house) because :
(a) it wasn't an all at once deployment. People have had time to think about the system and what it could do
(b) the team have then been able to take the system to an even higher level than anything I had in mind. Templates for contracts, evaluation and issues registers - all really awesome stuff that went way beyond my initial ideas.
I hope this aids your thinking, and if you want to talk further, please message me.
• BDO USA LLP
I saw your post this morning and wanted to reach out about your question. I lead the consulting practice at BDO USA LLP that focuses on precisely the scenario you are asking about. We are solution/platform agnostic and seek to ensure the "right" solution - regardless of vendor - is selected so that something that is too big or too complex isn't inadvertently chosen from the many, many good solutions out there. Feel free to give me a call at 703-770-4453 or email at firstname.lastname@example.org. I'd be happy to share my thoughts with you. Thanks! Tom
In the US, Texas or New York are largely considered "neutral territory" whereas in Europe, until very recently UK law was considered neutral. I think that may change with the recent political upheaval.
• Ministry of Defence
Or try international trade law?
• Legal and Commercial Training Limited
In the case of one party proposing Indian law and the other proposing Singapore law, the parties may well choose the law of England and Wales as both Indian law and Singapore law are based upon English and Welsh common law. (Note that there is no such concept as "UK law" as one commentator has suggested below).
However, a party should consider a wide range of factors before proposing a particular governing law and should weigh up the legal and commercial advantages and disadvantages of all the options.
One factor may be the degree of certainty that a contract will be interpreted in a particular way. English law adheres to the doctrine of binding precedence. Some legal systems do not. This could lead to significant uncertainty as to how the law will be applied.
In English law, it may be perceived that the courts allow a greater degree of freedom of contract. Subject to certain exceptions, freedom of contract in English law means that commercial parties are completely free to make disastrous bargains. This illustrates the comparative reluctance of the English courts to interfere on policy or other grounds to rewrite the parties' contracts for them.
For example, in English law it is possible, provided very clear wording is used, to include an exclusion clause that excludes any and all liability whatsoever, even for a deliberate breach of contract. And there is still no recognition of a duty of good faith being applied generally to commercial agreements (but watch this space!). This may or may not be an advantage to you but it remains the case that the courts are likely to give effect to the wording of the contract without imposing their opinions as to what does or does not amount to good faith.
And you may wish to consider the approach of a particular legal system to particular clauses.
For example, in English law, a liquidated damages clause will be subject to the clarification set out recently by the Supreme Court with a subsequent judgment, applying that test, indicating that a freely-negotiated LD clause is likely to be upheld subject to the requirements set out by the Supreme Court. Under UAE law, such a provision would be subject to Article 390(2) of the Civil Code and either party may apply to the court to adjust the agreed amount of compensation so it is equal to the loss. If Indian law were to apply, we would have to consider the effect of section 74 of the Indian Contracts Act 1872.
English law will also recognise an asymmetric jurisdiction clause.
And it may be that the choice of law clause will be reflected in the choice of jurisdiction. So, English law and the English courts. If the choice of courts is to reflect the choice of law, it may well be the consideration should be given to the efficacy of the court system and the technical expertise and other qualities of the judges.