1. Risk analysis, strategy, contract negotiation and management
Procurement or sale and delivery of technology solutions and services involves many related and interdependent items and activities. In the procuring and contracting phases there is risk of misalignment of expectations or understandings or omissions (whether technical or commercial). Once delivery commence there are similar risks, whether arising from unforeseen complexity or circumstances or omissions.
To create and deliver aligned and reasonable contractual terms concerning the supply or acquisition of technology solutions.
Leveraging extensive international experience with key stakeholders (whether procurement, sales, technical and delivery or executive) for IT solutions across sectors, we approach contractual engagement with the technology context as the prime focus. Often working with technical stakeholders, we will scope and understand the technology solution and services, the architecture and delivery complexities and risks.
At the outset:
With this baselined, we shape and deliver balanced contractual approaches that promote alignment on key understandings, dependencies and address risk allocation in relation to any of the following:
- Solution and services scope
- Agreed technical requirements
- Demarcated delivery responsibilities per phase
- Development methodology (e.g. waterfall or agile or hybrid)
- Deployment context (on-premise, cloud, SaaS, PaaS or hybrid)
- Project governance and escalation
- Demarcated Supplier and user IP rights
- Financial terms and resourcing obligations
- Dependencies on, and management of, customer end user participants or subcontractors or alliance providers
- Regulatory, industry, methodology or informational security (incl. personal data) compliance
- Ongoing service levels (SLA or KPIs) and solution/service enhancement obligations
During the relationship:
If either a change in scope or circumstances arises or there is a dispute, we can manage and deliver re-negotiated contract outcomes by facilitating dialogue and isolating and demarcating key issues.
2. Alliance or channel engagement
Alliance engagement for product and services vendors is a key contributor to scalability, revenue and brand growth. To achieve these objectives the following core contractual understandings need to be set out:
- Mutual business objectives
- IP rights demarcation
- Financial and resourcing commitments
- Market development obligations
- Performance obligations and metrics
- Built in flexibility for further alliance development
To provide structures for revenue growth (alliance) and cost efficiencies.
With 20 years engagement in relation to channel relationships, including SI partnering, distribution, reselling or specific joint ventures, we can support you in negotiating mutually beneficial and collaborative commercial and performance terms that underpin long term commercial objectives.
3. Standardising contractual engagement
For technology parties (whether supply or buy side), repeated inefficient approaches internally impact opportunity prospects and success. For example, in responding to tenders reinventing the wheel by different teams is inefficient or can add risk (e.g. inconsistent risk allocation or mitigation).
Standardised processes or market facing contract templates provide consistency concerning performance scope and standards or intellectual property rights demarcation. These also assist in contingent risk balance sheet management.
To establish efficient internal processes and templates for contractual market engagement.
With experience in dealing with divergent and chaotic engagement contract approaches, we are experienced in creating:
- Training content that promotes efficiency and knowledge building for commercial and contractual engagement.
- Standardised responses and Contract templates that address commercial and technical content in relation to contractual processes (e.g. bid responses).