The way you have formulated your question, it looks like an account plan a buying organization would prepare for a significant supplier. So you will find quite a bit of information in the IACCM library associated with SRM.
Clearly, you will have to adapt to your industry, to the services you are buying, and to the goals you wish to reach through your association with this supplier.
A good account plan will not only cover the scope of deliverables you are contracting for, but should also define
- the type of relationship you wish to have,
- what is the strategic end point of having a third party involved
- how you will govern the relationship and the day-to-day deliverables,
- what shall be the benefits for each party, how will they be earned, secured and measured,
- how you will jointly manage risk and who will bear what risks,
- and even how you will wind down the relationship when it must end.
It seems that as the buyer you are open to a collaborative relationship, and that is typically the best way for these relationships to be built. You will probably find that the sales side partner at your supplier is eager to work with you to develop this plan.
I wish you luck with your endeavor, and if you want to talk through some ideas, please give me a call or send a email - email@example.com
On what basis did buyer and his company undertake the work that was on the contractors scope . If it was due to poor performance and this has been documented then you may have a case to re-negotiate the lump sum price. If buyer /company stepped in for there own reasons as indicated by your phrase" unforeseen emergency your probably "not in great position contractually as sounds like you have a take/use or pay contract ?
Look at what other commercial levers you have , for example if you have continued business need if the contract is based on providing certain number of resources then redeploy those resources on other business. Work with your technical colleagues on this . Is there other leverage you can apply such as future business , can you use your relationship management process to help. In summary think outside your contract as to what strategy/ tools you can use to use to renegotiate to a more equitable position
It´s great to hear that organizations like the one you´re working for as Senior Contracting executive are undertaking this type of exercises in order to gather information around best practices in contract, supplier and performance management.
As the unique global organization identifing best practices in this area, at the IACCM we will be happy to assist enabling other members to share what they have been applying in their respective organizations and, furnished with the results and findings of this networking atmosphere, you will be achieving our goals at Philips 66.
Behind 'best practice' is a simple concept: measurable standards. And that means some form of benchmark is required. So, the exercise proposed in your posting, Alan, is a great example. It will be a comparison against peers, organizations at the same level, in order to get standards and then, you will see how you and others do things and what you and they do.
I know that your company has invested in the developement of contracting skills among your CM staff, and most of your colleagues are currently taking the CCM (Contract and Commercial Management) learning program, in its different certification levels (practitioner, advanced practitioner). At this point, it will be extremely important to consider what IACCM states in module 1 ('Best practices in contracting'), so I'd extremely recommend to review that content, at first sight.
Second, in this link you will find the 'IACCM top ten best practices in contracting' (general): www2.iaccm.com/resources/;
Among other relevant resouces provided by IACCM corporate membership, as you might be aware, you have the right to get access to ATEs (webinars) via our IACCM library in subjects such as 'best practices selecting the right supplier': www2.iaccm.com/resources/;
In addition, refer to 'Supplier relatioship management: best practices'
In sum, over the past several years, supplier relationship management (SRM) has become a major focus within the procurement and supply chain community and many companies are analyzing how best to expand SRM efforts and investment. We look forward to hearing from other members.
• Seal Software
At Seal Software, we can provide you with a technology which locates, understand and extracts data from your contracts. This can help you with supplier and performance management by:
- Extracting information from your contracts, such as the parties to contracts, and their obligations.
- Maximizing revenue opportunities, by identifying unknown business intelligence.
It would be great to discuss how Seal can help you, in more detail. Please feel free to call me on +4420 735 9892.
Here are a few suggestions:
- have you discussed your target with the suppliers and asked them to assist in identifying savings opportunities? You might convene periodic meetings with one or several of them to generate possible efficiencies or improvements that could reduce cost.
- have you discussed with your clients. Are there ways to reduce demand?
- are you monitoring supplier performance to observe opportunities to request rebates or credits?
San Diego Association of Governments ...
Jack - a vehicle purchase will usually fall under either a category strategy and/or procurement process, leaving the decision to strategy and process rather than preference. If you are purchasing one vehicle, that acquisition might bring the transaction under the threshold of strategy/process guidelines, but that is rare. Please consider the total cost of ownership (TCO) of the acquisition, rather than simply the purchase price, as vehicles represent significant opportunities for overall cost savings.
This said, I'm pretty sure that "Procurement" is the term commonly used in PM circles (It's certainly the term used in PMBOK) so I would question whether the re-brand is the way to go.
Is your procurement team centralised / remote from the projects? Any prospect of co-locating resources? (Even if it's only one or two days a week - it's harder to hurdle a real person!). Any road-shows / team building events in the pipeline?
Any idea if the Contract Management team feel like there is a similar issue between themselves and the PMs?
Thanks for your reply, useful comments. Something cosmetic like a name change would certainly not help on its own, but I was interested to see if anyone had done it successfully as a starting point of wider culture change. We've tried lots of things over the years, and our Commercial team on the sales contract side do indeed have the same problem. We have different offices, but the majority of project staff are in the same building as us. I think part of the problem is that because people are so busy, they don't stop for 2 minutes and just think about what they need to do, it's not deliberate bypassing (on the whole). It's an age old issue that I know many contracts staff face.
I like to think that effective procurement delivers the right deal with the right supplier. If you are really committed to doing that, to making your internal "client" successful, you will be less likely to be bypassed. That is very much in the way you engage with them, and what you do for them, If you help them see risks and opportunities they had not yet identified, and find a smart way to handle them, word will get around, and you may have to turn away business!
A new name might not be the way to go - but a new tag line might.
I'm not sure what it would look like in your business, but maybe along the lines of "Making your deals happen" or just "the right deals with the right suppliers"
It's a great question!
Many functions struggle with this same issue - and in the end, it's about behaviour more than a name. Of course, the Procurement 'brand' may be tarnished, but re-naming usually doesn't fix it. It's a visible - and perhaps shocking - change of behaviour that makes people start to think differently.
I've led and witnessed transformations and I'd be happy to chat with you if you would like to discuss ideas.
• Ricardo-AEA Ltd
Thanks for the further replies, much appreciated.
Tim - I'll take you up on that offer, thank you. I'll talk to my boss as I'm sure he'd like to be in on the conversation. Will be in touch.
Commercial has much more positive connotations but it is going to be deeds and actions rather than titles that will change perceptions. The IACCM research on the Future of Contracting is a good thought provoking read about what needs to change.
In one of the previous organisations I worked for, the whole procurement and contract management division was called "Enabling Services" and this was quite effective in creating a "helping" culture for our operational areas. In fact, we had a "customer service" attitude and this was quite transformational - Of course, culture is more than just having a name change and a new slogan.
Please can you share a copy of the 2015 Contract Management Benchmarking Report as I am not able to locate this on the website?
I suggest you go to the Resources tab, a do a search on Benchmarking Reports. Remember to click sort by most recent. You will find a wealth of materials on any aspects of benchmarking. I have also sent you the 2015 Contract Management Benchmarking Report. Be sure to participate in the 2017 Benchmark study.
Charlotte, building on Nick's reply, the study he has forwarded was issued early 2016 and provides a wide variety of benchmarks on process. This is supplemented by a series of reports that offer data on the issues that most often undermine the value achieved from contracts. These are part of the Ten Pitfalls series. Clearly, all benchmarks are norms or averages and if you have specific questions for a particular industry, geography, company size etc., you should ask us for the relevant break-out information.
• Info-Tech Research Group
Hello - could I also get direction on how to access this report?
Carolyn, while we wait for someone else from our community to share with us their "best practices" identified in regards to this point, I wanted to provide this link www.iaccm.com/resources/; where, as you will se, it is covered the matter related to the drafting of enforceable teaming agreements.
• Ministry of Justice
I have gone through the process of ensuring flow down of terms from prime contracts to subcontracts and understand your feelings. It is laborious. The contracts that I managed had 'mandatory' clauses to be included in the sub-contracts; hence it was somewhat easy to navigate through. We also put in place a simple tracker listing all the clauses and if the sub-contract had complied with the mandatory term flow-down. We referred the matter to the legal team if there was any discrepancy. What I found was that once I completed verification of a sub-contract, other sub-contracts for the same prime contractor was easier to go through.
You could categorise your sub-contract into high (significant),medium and low groups and could vary the mandatory clauses for flow-down as appropriate.
Interesting situation, I may be misunderstanding things here...and correct me if I'm wrong, but typically the point of having a Prime is to "manage" subcontractors and they should negotiate back to back agreements that adequately ensure that as a Prime they can fulfill their obligations...it should also reflect the spirit and intent of the agreement...happy to explore this further.
• Ministry of Justice
Hi MC - Agree with you that purpose of the Prime is to "manage" subcontractors... In central Government (not sure if this is required in private sector) sector contracts, it is necessary to ensure that there is a flow-down of the terms to sub-contracts. For example the 'Data Protection' Clause. My response was in this context. The IACCM link given above is a good reference.
My current approach is to have the subcontractor "aware of" the whole contract (coupled to an indemnity if they cause us to be in breach - if I can get it!)
I then add a detailed flow-down of (i) the mandated flowdowns from client - usually things like anti-corruption and audit and (ii) the terms which are essential for us to ensure that the commercial risks are back-to-back - eg. the specific standard of workmanship that the subcontractor must exercise in their design.
Generally speaking this means 5-6 flowdown clauses, for which I either amend terminology by hand or rely on "mutatis mutandis" if I'm short of time.
For 'awareness of the whole' I think the donor clause was from the CECA Blue Book.
I have also drafted some subcontracts in which I had to ensure that the subcontractor had the same commitment that the prime; as Girija stands, it is very laborious since you need to understand which of the obligations within the prime contract are transferable to the corresponding subco and also you have to modify the wording. I would never attached the entire agreement because of confidentiality concerns and also because usually prime contractors do not wish to share financial details with subcos in order to seek a more profitable negotiation with them.
You bring up an interesting point. You as the contractor and the owner do not want to share the details of the contract, but want to subs to agree to them. Doesn't that seem unreasonable? I will never agree to something I have not seen. I do get copies where some details are redacted and that is fine, but the text has to be reviewed in order to be agreed to. I would be interested to hear your rebuttal as the contractor in this case when I say I have to see the prime to agree to it.
Some great discussion point coming through - A recent experience - last month our prime contractor needed to conduct a MRO work package at a location controlled by another party (Subcontractor). As the Prime, they commenced negotiation; however this subcontractor only provided 3 months warranty on their work while our agreement with the prime had a twelve month warranty. The prime formally requested dispensation from the twelve warranty and was rejected due to the following reasons:
1) It is the primes obligation to ensure the test and acceptance of standards and quality of the work
2) The prime included in their financial model, an element of risk which they would absorb based on their contractual obligation.
Part the above negotiation included some issues around IP ownership during the work package being conducted. In this instance we accepted the deviation from the standard IP clauses as we deemed the subcontractor clauses to be reasonable as it didn't affect the operation and future requirements to maintain the vessel.
So while the prime is ultimately responsible for the deliverables, we needed to assess on a case by case situation if any deviations were acceptable...and also had to be careful that we don't set a precedence.
In my experience the Prime Contract is the negotiated version which your company's legal eagles would have negotiated with your client so it would certainly contain more stringent clauses than your company's boiler plates. Usually once the prime contact is negotiated the necessary amendments are made to the the boiler plates to align them with the prime contract. The flow downs are usually attached as "Special conditions" of contract and they take precedence over the 'General Conditions' of contract due to the fact that the GCC are usually amended under SCC and the more stringent approach is adopted. this eliminates any misalignment between the two forms. e.g. 'Limits of Liabilities', 'Indemnification' and 'Insurances' are mostly dictated by Client and the risk must be transferred down to the lower level to protect your company's interest.
Australia is about to introduce new legislation about unfair contract terms with SMEs. This is going to make it harder for Primes to push terms down for fear of being void. Hopefully this will start new discussions about getting rid of clauses which are unfair!
• APL Norway AS
1. Always remember that if you miss a Clause, it's not the end of the
world, because, as Contractor, you will always be responsible for the
delivery of your contract, regardless of who you choose as your
2. Check your subcontract template. If your subcontract template and your
Contract and Procurement Principles match, then the Prime Contract
negotiated between you and the Client is much easier to flow down.
3. Semantics. Don't get caught up in the details of the Clause having to be
an exact copy of what you have in your Prime Contract. If it says the
same thing, then it doesn't matter if you use different words or the
words are in a different order.
4. Remember that you are a buffer between you and your subcontractor. As a
company, you do not want the Client getting into your business.
5. The top 8 flow downs (no particular order):
a. Warranty duration
b. Exclusion Clauses
c. Indemnities including pollution
f. Intellectual Property
g. Benefit Clauses such as paid suspension
h. Days, remember to allow for internal processing as well as Client
There will always be exceptions but number 3 is where most people fail, including the Client.
Don't use the back to back Method unless there are high risks, high value and/or Client appointed Subcontractors and if you plan on using this Method, take that subcontractor's qualifications with you from day one. In addition you need to develop a standard template for Form of Agreement and Exhibits because it isn't possible to just blindly throw your contract at a subcontractor, they are a Third party, and it just doesn't work without some modifications to the Prime Contract.
Hi Carolyn. Depending on cooperation levels of your prospective subcontractor / subconsultant, you can 'seal the deal' with an RFP document and a Letter of Acceptance. If you give me your email address, I can send you a template document I created for implementing back-to-back subcontracts to a prime FIDIC contract.