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Contract Development
Change happens. So what do you do with those outsourcing contracts you have for IT or BPO services? This brief article by attorneys Rebecca Eisner and Paul J. N. Roy spell out the typical scenario you may face -- and the types of problems that may surface. If anything, it’ll help advise you on the types of coverage your future contracts should include if you’re part of an organization that is growing or shrinking. 7 Tips from an Attorney for Avoiding Perils of Outsourcing It may look like the legal aspects of outsourcing are meant to drag down the momentum of transforming your company. But making the wrong choices or decisions can result in dragging down your entire company. In this article an attorney shares seven tips. Avoiding "Gotchas" in Business Process Outsourcing Six mistakes you can make when putting together your contract, and how to avoid them. Best Practices for Effective Outsourcing Contracts The current outsourcing contract structuring process takes a significant amount of time and frequently results in expensive legal consulting bills. This article provides a basic framework and process to follow in structuring your outsourcing contracts. Common Problems With Outsourcing Deals and How to Avoid Them Attorney John Nicholson relates three areas that are worth becoming expert in to ensure the success of your outsourcing engagement. As he concludes in this fairly short article: "By using an RFP, clearly documenting the scope, SLAs and pricing and making sure the deal is closed when it is signed, you can dramatically increase the chances that your outsourcing will work." Contracting for Disaster Recovery Key considerations when you develop a contract for recovery services. Defining Services in Your Organization This seven-page report will help you lay out definitions for the services you need to describe in RFIs, RFPs and contracts. Gain Sharing Motivates Vendors to Boost Your Bottom Line There are plenty of naysayers regarding gain-sharing, and it's not a common way to structure outsourcing deals. This article explains why it's so complex. Get Beyond Contract Price as the Final Factor Does driving the absolute best deal possible always make your firm the winner? When it comes to outsourcing, maybe not, according to this advisor from Alsbridge. How A CIO Saved His County $300K (By Reading His Contract) Reading and evaluating an IT contract can be dry, painstaking, demanding and time-consuming. One CIO saved his county over $300,000 by scrutinizing its IT outsourcing agreement and making recommendations on more cost-effective practices. Information Technology Outsourcing: Key Contract Provisions for Managing the Risks of Offshore Outsourcing Here you’ll get attorney Kate Boschee’s 30-page primer on how to conduct a service provider search and evaluation and what to make sure you include in the contract you set up. Key Contractual Considerations for Developing an Exit Strategy This brief whitepaper explains the issues to consider in developing the exit clauses of your outsourcing contract. Managing Risk in Outsourcing: A Guide To Setting SLAs Now that you’ve executed a contract and established the overall legal framework within which your company and your chosen service provider will operate, it's time to define the delivery of the service itself. This is accomplished with the use of SLAs. Managing Risk: Covering Disputes in the Contract When you're working out the details of your outsourcing contract, here are the questions to ask about how dispute resolution will function. Negotiating Residual Information Provisions in IT and Business Process Outsourcing Transactions The objective in negotiating residual information provisions is to balance the service provider's interest in maintaining its ability to shift staff from one project to another and the client's interest in preserving the confidentiality of its proprietary information. Offshore Pricing Models A brief explanation of each of the five most common structures for pricing in outsourcing and offshoring contracts. Outsourcing Tuneup A useful rundown on the 10 questions you should ask to keep your outsourcing efforts "on the mark." Outsourcing: Maximizing Value and Avoiding Pitfalls A general primer for people new to outsourcing. You'll learn key success factors, what structures can be used for outsourcing arrangements and the issues to concern yourself with in contracting. Penalties and Incentives in Outsourcing Relationships A rundown on standard penalties and rewards typically used in outsourcing engagements. Software Agreement Guidelines Guidelines for setting out the agreement to have a service provider develop software for you. Sourcing Inside Out: Benchmarking Clauses that Work Benchmarking clauses have been getting a lot of attention recently. Are they necessary? Do they work? Do alternatives exist? Compass believes benchmarking clauses remain the best mechanism clients can use to gauge the value being delivered by their service provider and to adjust contract terms to reflect market changes. Sourcing Inside Out: End of Contract Approaching? Never Too Early to Consider Your Options If your outsourcing contract is due to expire in the next two years, now is the time to start thinking about your options. First, you can keep doing what you've been doing and renew with the incumbent vendor... Sourcing Inside Out: Penalties and Incentives in Outsourcing Contracts By effectively defining penalties and incentives tied to specific business objectives in outsourcing deals, clients can create powerful incentives to work towards mutually beneficial goals. Sourcing Inside Out: Who's at Fault? Be Honest When an outsourcing contract approaches its termination date, the client organization has three basic choices: renew the contract with the incumbent; issue an RFP to find a new service provider; or take services back in-house. This series examines each option in detail. Sourcing Inside Out: Why Vendors Don't Like Benchmarking Clauses Benchmarking clauses are written into most outsourcing contracts to mandate a periodic review of rates and quality against industry standards. So why do service providers do their best to avoid benchmarking clauses? Structuring of an Outsourcing Agreement If you can get beyond some of the roughness in grammar, you'll actually find a decent framework in this article for putting together an outsourcing agreement with an Indian service provider. Successful Outsourcing: Benchmarking or Relationship Building Useful insights about the use of benchmarking. What’s especially practical is the page four section: “Best Practices Available for Outsourcing Contracts.” The Impact of the Sarbanes-Oxley Act on Business Process Outsourcing Granted, the final word of advice on SOX and outsourcing has yet to be written. But this brief piece by attorney Daniel Masur shares eight areas you’ll need to define in detail in your service provider contracts involving finance and accounting functions. The Optimal Approach for Sole Source Outsourcing As attorneys Rebecca Eisner and Paul J. N. Roy point out, there may be legitimate reasons you’re not following the competitive route to choosing a service provider. But even when you sole-source, you don’t have to enter contract negotiations as the weaker party. The authors lay out 14 guidelines to follow as you enter into deal-making. Total Cost of Offshore: Understanding the True Offshore Financial Rewards and Costs This 10-page whitepaper examines the pricing behind components of an offshore engagement. Where’s the money in outsourcing? If you're still a bit confused about how the economics of outsourcing work in a typical deal, Craig Baty, group vice president and chief of research at Gartner Asia-Pacific, explains the basics in CNET article, "Where's the money in outsourcing?" Submit a Link for Publication Here Have a favorite article or a website that you would like to share with the Sourcingmag community? Share it here and help others understand this topic in greater detail. Or, learn more about writing and submitting an article to be published here..
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