Archive for the ‘Contract Management’ Category

To Award or Not to Award?..

Monday, November 28th, 2011

Today?s post is by Mark Davis; Vice President of Operations and CTO at SafeSourcing.

The process of negotiating deals with vendors has long been seen as one in which the customer ?beats up? the vendor over price; sending the message that price/cost is the most important thing involved in making a decision about who you award business to.? Today?s economy would tend to back this mindset, however, in evaluating based on price alone you could be doing your company a great disservice.? Today?s blog is going to focus on a few areas to keep in the forefront as you make your purchasing decisions.

Apples to Apples ? Whether by Request for Proposal, Reverse Auction, or just placing phone calls to gather pricing, the end result of your comparative research must ensure that you are looking at the same offering from each vendor (or the nearest comparison possible).? Even in the case when shopping a commodity-type product such as computer hardware there are many chances for the vendor to increase their value with other services they offer.? When comparing vendors make sure the products, services, extra offerings, etc. are being evaluated evenly.?

Reputation? ? Although it would seem to go without saying, many companies will take the lowest bid of an apples to apples comparison without finding out much about who they are about to spend their money with.? This is seldom the type of practice people would do with their own personal purchases and yet there are many companies who are so focused on price that they fail to do the research to make sure the vendor they are about to select has a proven track record of performance.

Cost of Change ? Assuming that you end up finding a new vendor to do business with, one of the things that must be considered early on in the discovery process is the cost of change.? Before you ever make a phone call, send out an RFI, talk to a vendor; the business needs to determine what the costs of switching vendors will be.? Knowing this in advance will allow you to set the stage with new vendors you are talking with as negotiation points and will possibly allow you? to possibly eliminate those costs should you ever have to change again.? There? are multiple levels of cost for switching vendors and you should know each before starting the process of looking for potential new suppliers.

Policy Changes ?The final area that should be examined in the process of evaluating your vendors is the policies surrounding the goods or services being looked at.? Some companies have policies developed long ago and for good reasons that dictate the companies they can do business with.? Some of these policies (such as ones relating to specific geography) may need to be examined so that companies that can provide good value to your company can still be considered for your business.

For more information on gathering information and pricing from vendors and assistance with the evaluation of that information, please contact a SafeSourcing Customer Service Representative.??

We look forward to your comments.

To Award or Not to Award…..

Monday, November 28th, 2011

Today’s post is by Mark Davis; Vice President of Operations and CTO at SafeSourcing.

The process of negotiating deals with vendors has long been seen as one in which the customer “beats up” the vendor over price; sending the message that price/cost is the most important thing involved in making a decision about who you award business to.  Today’s economy would tend to back this mindset, however, in evaluating based on price alone you could be doing your company a great disservice.  Today’s blog is going to focus on a few areas to keep in the forefront as you make your purchasing decisions.

Apples to Apples – Whether by Request for Proposal, Reverse Auction, or just placing phone calls to gather pricing, the end result of your comparative research must ensure that you are looking at the same offering from each vendor (or the nearest comparison possible).  Even in the case when shopping a commodity-type product such as computer hardware there are many chances for the vendor to increase their value with other services they offer.  When comparing vendors make sure the products, services, extra offerings, etc. are being evaluated evenly. 

Reputation  – Although it would seem to go without saying, many companies will take the lowest bid of an apples to apples comparison without finding out much about who they are about to spend their money with.  This is seldom the type of practice people would do with their own personal purchases and yet there are many companies who are so focused on price that they fail to do the research to make sure the vendor they are about to select has a proven track record of performance.

Cost of Change – Assuming that you end up finding a new vendor to do business with, one of the things that must be considered early on in the discovery process is the cost of change.  Before you ever make a phone call, send out an RFI, talk to a vendor; the business needs to determine what the costs of switching vendors will be.  Knowing this in advance will allow you to set the stage with new vendors you are talking with as negotiation points and will possibly allow you  to possibly eliminate those costs should you ever have to change again.  There  are multiple levels of cost for switching vendors and you should know each before starting the process of looking for potential new suppliers.

Policy Changes –The final area that should be examined in the process of evaluating your vendors is the policies surrounding the goods or services being looked at.  Some companies have policies developed long ago and for good reasons that dictate the companies they can do business with.  Some of these policies (such as ones relating to specific geography) may need to be examined so that companies that can provide good value to your company can still be considered for your business.

For more information on gathering information and pricing from vendors and assistance with the evaluation of that information, please contact a SafeSourcing Customer Service Representative.  

We look forward to your comments.

When using e-procurement tools are you just driven by a reduction in price?

Friday, November 4th, 2011

The real question you should be asking is just what makes up total cost to begin with. A good friend of mine who has been a fortune 100 retail CFO helped to crystallize my thinking in this area. As such we look at cost differently today than we did a year ago. So, when we run an RFX event for our customers at SafeSourcing we think of cost in the form of three basic dimensions that cause a different type of thinking during discovery and strategy. They are as follows.

1. Price: This is the unit cost. It is expressed as an amount per unit. Price involves vendor comparison and negotiation.
2. Use: This is the consumption of a product or service. This is driven by the activities or needs. Authorization and control processes are key elements. Without these, you may not derive all of the savings from negotiating price alone
3. Mix: This is the inclusion of similar products or services to achieve a similar result. Company policies support this.

Certainly there are many more aspects to running a successful RFX like making sure the T&C’s are clear and that the process is managed through the award and contract stages. These steps or KPI’s along with the ones mentioned above collectively serve to insure that your strategic sourcing strategy uncovers all of the clues that have or may cause leakage to your sourcing events. They also proved the basis of a scorecard system that can track progress over time

We look forward to and appreciate your comments.

Contract Management 101.

Tuesday, October 25th, 2011

Beyond storage, understanding  and alerts of the Meta data that will mitigate your risk relative to contract leakage, understanding the terminology in your contracts and how they are organized is a daunting task.

There are many law dictionaries available in hard cover and over the internet that can help, but remember just having one does not make understanding these documents any easier. Here is a list of many of the most popular.

1. Anderson’s Dictionary of Law (1893)
2. Bouvier’s Law Dictionary 1856 Edition
3. Criminal Justice Today Glossary
4. Criminology Today Glossary
5. Criminal Law Glossary
6. Canadian Bankruptcy Glossary
7. Divorce Law Dictionary
8. Duhaime’s Law Dictionary
9. Everybody’s Legal Glossary
10. Glossary of Commercial Fraud
11. International Law Glossary
12. INS Glossary of Immigration and Naturalization Law
13. Law Glossary
14. Merriam-Webster’s Law Dictionary
15. Legal Lexicon’s Lyceum
16. Merriam-Webster’s Law Dictionary
17. Oxford Law Dictionary Top of Form

Certainly one could argue that some of these might be eliminated for business use, and this author would agree. However others might argue that separating from an unfavorable contract or supplier relationship  can be as difficult as a divorce so maybe we should leave that one on the list.

If you’d like to eliminate your contract leakage, give SafeSourcing a call.

We look forward to and appreciate your comments.

When developing your terms and conditions don’t forget the potential for BARTERING!

Thursday, September 29th, 2011

According to Wikipedia: Barter is a method of exchange by which goods or services are directly exchanged for other goods or services without using a medium of exchange, such as money.[1] It is usually bilateral, but may be multilateral, and usually exists parallel to monetary systems in most developed countries, though to a very limited extent. Barter usually replaces money as the method of exchange in times of monetary crisis, such as when the currency may be either unstable (e.g., hyperinflation or deflationary spiral) or simply unavailable for conducting commerce.

There are a number of companies that primary business model is to use bartering in part as their engagement model. Although the model is slightly different at each organization, the general theme is that a company can trade excess inventory for just about any category and receive credits that can be used in part to buy or acquire other products and services that they need for their business. An example might be to consolidate and eliminate backroom stock in retailer’s stores in exchange for credits and use those credits to buy supplies that are regularly used such as paper or plastic bags etc. This process can also have a positive impact on shrink as well as preserving cash.

A unique use of this process that I recently read about in the Arkansas Democrat Gazette discussed a company agreeing to pay for building renovations if they had their current contract extended. The article by Debra Hale-Shelton titled UCA trustees call off audit of vendor bid. The legality of this transaction is in question, but it is in fact a form of Barter.

If you are going to consider barter as a payment or terms option, make sure you understand its use and that it is an above board part of negotiation that is well defined in your terms and conditions.

We appreciate and look forward to your comments.

Who is reviewing your contracts? Are they missing anything?

Wednesday, July 6th, 2011

The answer is neither or maybe both. The first important question for each is who is actually evaluating the contracts, and just because they have a law degree does not mean that contract evaluation is a specific skill set the individual possess. This author recommends choosing who will provide this function within your company and then makes sure they have the skill set to do their job and stay up to date.

There are any number of contract management certificate programs available from prestigious and well know institutions. To name a few, there is Villanova University, The University of California Irvine and St. Louis University. In addition there are organizations that also offer this training. Probably the most well know is, the National Contract Management Association or NCMA that has been around for over 50 years.

Many of these organizations offer on line courses that can be completed within a reasonable period of time. Many of the University and College courses are actually accredited as well as affiliated with NCMA.

Once you have resources that are certified, provide them with the tools they need to do their job. All companies have 100’s to as many as 1000’s of contracts and most do not have a contract management solution. These solutions today are available via the cloud in Software as a Service models for very little investment. Most of these providers will also assist you in the creation of your Meta data and database population. 

Contact SafeSourcing for more information.

We look forward to and appreciate your comments.

Buyers; Soybeans are down and the Corn harvest will be up. So What?

Friday, July 1st, 2011

It appears as though the corn crops will be better than expected this year and as a result drive prices down on the supermarket shelves. The reason is because farmers planted more corn than usual based on what the futures market was telling them relative to other crops. Because they planted more and the yield will be higher futures actually went down. This should impact the price we pay for a variety of products impacted by corn.

If you don’t think that corn impacts many products, think again. Corn impacts beer, aspirin, livestock feed, carbonated beverages, Ethyl alcohol, textiles, soaps and hundreds of other products.

If you’re a buyer, you need to be aware of this as the impact in the market typically trails the crop by about 3 to 6 months. So while you are buying products you need to understand that costs should come down before year end and make sure the language in your contracts allows you to take advantage of this. Think de-escalator language on any contract between now and year end.

We look forward to and appreciate your comments.

So what are the benefits of SaaS? It sounds Sassy which means rude and disrespectful.

Friday, May 13th, 2011

If you have an e-procurement solution installed behind your firewall on your own servers, this might be the 1st place you want to begin saving money by replacing it with a SaaS based solution.

On demand SaaS (Software as a Service) by its nature is an internet based application and as such is accessible from wherever you happen to be as long as you have a network connection. With today’s broadband offerings, it literally means any where. In addition, since most of the newest versions of SaaS applications are native web based applications, they integrate very nicely with most business infrastructures.

The e-procurement buyer’s data at a SaaS provider is often more secured than the data at many business offices. Since this is the core business of a SaaS provider, the architecture of the application normally has multiple levels of redundancy, failover recovery and routine data backups. SaaS applications are, by-design, easier to update than locally installed applications and buyers usually experience lower feature upgrade charges as well.

The return on investment (ROI) breakeven point for an e-procurement solution is usually reached more quickly in a SaaS environment than a locally installed solution – often much more quickly. In fact there are many instances of breakeven ROI’s occurring with the first series of e-procurement events.

Stop wasting money and call a SaaS provider and while you are speaking with them ask if their offering is cloud based. More on that later.

We look forward to and appreciate your comments

When is the right time to renegotiate products and services contracts?

Tuesday, February 1st, 2011

For most buyers and category managers, cycles are important. That is that the normal flow of business dictates how and why they buy their products and services. Some financial related examples of this are End of Year, End of Period, contract expiration and capital need. Other examples may be seasonal needs, change in demand either up or down or growth through acquisition.

However there are other clues that should also be analyzed on a regular basis that play an important role in predicting cost increases even if you are only mid contract that might make you want to reconsider a contract that is already in place. One of those is unusual spikes in the commodity markets.

An example of the above is the forecast for oil prices. We are hearing a lot lately about oil hitting $100 per barrel with some forecasts as high as $105 be year end. That?s a clue to take a look at contracts that are impacted by oil such as resin markets and fuel prices that affect transportation costs such as diesel prices. Judging how realistic these forecasts are can also be tricky but here are also clues for that such as instability in areas like Egypt because they control daily transit through the Suez Canal of oil.

As a buyer you have to be aware of more than just the need to renegotiate a contract because it is expiring. If you need help doing that your e-procurement provider should be able to offer the category expertise to help you.

We look forward to and appreciate your comments.

Should prices really be rising based on the commodity markets?

Thursday, January 27th, 2011

Then yesterday as I was browsing another subject, I found the following on MSN. ?Commodities had a weak session, which culminated in a 1.5% loss for its worst single-session slide in three weeks. Weakness was widespread among commodities?. My response was huh?

So just what is a commodity and how can a company keep track of these trends for themselves. According to Wikipedia a commodity is a good for which there is demand, but which is supplied without qualitative differentiation across a market. Commodities are often substances that come out of the earth and maintain roughly a universal price.

Your product costs should fluctuate periodically based on the commodity markets, but being aware of them allows you to enter terminology in your contracts that should protect you against any significant spikes and your supplier against any significant drops in the market. Without this language you are really playing Russian roulette with your company?s money.

Commodities exchanges that you can easily follow include:

1.?Chicago Board of Trade (CBOT)
2.?Chicago Mercantile Exchange (CME)
3.?Dalian Commodity Exchange (DCE)
4.?Euronext.liffe (LIFFE)
5.?Kansas City Board of Trade (KCBT)
6.?Kuala Lumpur Futures Exchange (KLSE)
7.?London Metal Exchange (LME)
8.?New York Mercantile Exchange (NYMEX)
9.?National Commodity Exchange Limited (NCEL)
10.?Multi Commodity Exchange (MCX)
11.?International Indonesian Forex Change Market (IIFCM)

If you have a quality e-procurement partner they should be able to provide you with this type of data because it is still possible to compress pricing even in an up market. This author is not sure the preset trend is in that direction however.

We look forward to and appreciate your comments.