How to improve negotiation and contracting techniques with technology vendors

14
www.ibsintelligence.com How to improve contracting and negotiation techniques with technology vendors Wednesday 25 th April, 2012

description

It is in every bank's (and vendor's) best interest to negotiate and agree the best banking system contract possible, and to maintain continuous financial and operational significance for all key stakeholders involved, with clearly communicated actions, updates and objectives.This free webinar from IBS Intelligence delivers a valuable introduction to the issues involved and possible approaches when negotiating and contracting with technology vendors. Using practical examples of the problems a bank may face, the webinar also offers insights into potential solutions and highlights common misconceptions and issues to be aware of.Webinar Agenda: Introduction Problems: Setting the scene a. Example situations b. Pain points c. Implications Possible Approaches a. Hope… b. Tie the vendor down c. Push the vendor’s terms until they refuse d. Link the contract to business (and other bank) objectives Issues to be aware of a. Common misconceptions Conclusion and Q&A.

Transcript of How to improve negotiation and contracting techniques with technology vendors

Page 1: How to improve negotiation and contracting techniques with technology vendors

www.ibsintelligence.com

How to improve contracting and negotiation techniques with technology vendors

How to improve contracting and negotiation techniques with technology vendors

Wednesday 25th April, 2012Wednesday 25th April, 2012

Page 2: How to improve negotiation and contracting techniques with technology vendors

IntroductionIntroduction

Contracts are too often: an after-thought detached from the overall selection process too rigid and generic.

What is the smarter approach? IBS Intelligence:

The specialists in core banking systems (publications, research and consulting); independent; 20+ years

Negotius: Co-founders have 45 years of vendor sales experience Modern semantic knowledge management tools Results can be updated and maintained Patented consulting process

Contracts are too often: an after-thought detached from the overall selection process too rigid and generic.

What is the smarter approach? IBS Intelligence:

The specialists in core banking systems (publications, research and consulting); independent; 20+ years

Negotius: Co-founders have 45 years of vendor sales experience Modern semantic knowledge management tools Results can be updated and maintained Patented consulting process

Page 3: How to improve negotiation and contracting techniques with technology vendors

Webinar Agenda:Webinar Agenda:

Example situation to illustrate the challenges

Negotiating approaches

A better approach

Common misconceptions

Example situation to illustrate the challenges

Negotiating approaches

A better approach

Common misconceptions

Page 4: How to improve negotiation and contracting techniques with technology vendors

Example - the situationExample - the situation

A bank has started a selection process for a new core system

RFx, Vendor Workshops, Vendor Selection all complete

Preferred and Second Choice Vendors informed

Legal counsel engaged

Contracts being negotiated

A bank has started a selection process for a new core system

RFx, Vendor Workshops, Vendor Selection all complete

Preferred and Second Choice Vendors informed

Legal counsel engaged

Contracts being negotiated

Page 5: How to improve negotiation and contracting techniques with technology vendors

Example - the worryExample - the worry

Will the vendor deliver on time? They have missed deliveries with other banks Missed deliveries would compromise the selection

business case Can the project plan be delivered?

Will the vendor deliver on time? They have missed deliveries with other banks Missed deliveries would compromise the selection

business case Can the project plan be delivered?

Page 6: How to improve negotiation and contracting techniques with technology vendors

Example - the worryExample - the worry

Regulatory news.... Rumours and discussions about upcoming credit risk

capital allocations changes These will change the scope of data required from the

core system But... the scope of data change is unknown So... the existence or size of the gap is unknown

Regulatory news.... Rumours and discussions about upcoming credit risk

capital allocations changes These will change the scope of data required from the

core system But... the scope of data change is unknown So... the existence or size of the gap is unknown

Page 7: How to improve negotiation and contracting techniques with technology vendors

Example - how it might happenExample - how it might happen

Project team being established Focused on precise delivery of contract: time, budget,

scope “Failure is not an option”

Contracts Contracts will be tight - no room for manoeuvre (by any

party) - aimed to reduce risk

but.... How are these activities linked to the original business case? To the trade-offs and compromises discussed in the selection

process? How can the bank allow for changed goals and rules in the

implementation?

Project team being established Focused on precise delivery of contract: time, budget,

scope “Failure is not an option”

Contracts Contracts will be tight - no room for manoeuvre (by any

party) - aimed to reduce risk

but.... How are these activities linked to the original business case? To the trade-offs and compromises discussed in the selection

process? How can the bank allow for changed goals and rules in the

implementation?

Page 8: How to improve negotiation and contracting techniques with technology vendors

What is the Answer?What is the Answer? Hope

Maybe nothing unexpected will happen for the next three years

... regulators, competitors, market, vendor, technology etc

Tie down the Vendor Fix what the vendor must deliver Any failure to deliver becomes a potential contract breach Firm penalty clauses No room for manoeuvre

Push the Vendor until they squeal Push the price until the vendor threatens to withdraw Add strict SLAs Leave “spare” budget internally to allow for overruns

Hope Maybe nothing unexpected will happen for the next three

years ... regulators, competitors, market, vendor, technology etc

Tie down the Vendor Fix what the vendor must deliver Any failure to deliver becomes a potential contract breach Firm penalty clauses No room for manoeuvre

Push the Vendor until they squeal Push the price until the vendor threatens to withdraw Add strict SLAs Leave “spare” budget internally to allow for overruns

Page 9: How to improve negotiation and contracting techniques with technology vendors

What is the Better Answer?What is the Better Answer? Good Legal Contract, Good Business Contract

Contracts produce commercial outcomes Legal Outcomes Business Outcomes

Focus on what is needed... ... create a mechanism for what might change

Everything is about the business case Market Profit Cost Regulation more...

Link the contract terms and performance to the business objectives

Good Legal Contract, Good Business Contract Contracts produce commercial outcomes

Legal Outcomes Business Outcomes

Focus on what is needed... ... create a mechanism for what might change

Everything is about the business case Market Profit Cost Regulation more...

Link the contract terms and performance to the business objectives

Page 10: How to improve negotiation and contracting techniques with technology vendors

Understand it HolisticallyUnderstand it Holistically

BusinessObjective

VendorResponse

ContractNegotiation

ImplementContract

SignContract

Enter NewMarket

CRMChannelsProduct Factory

ScopeSequenceRolesCommercial

ScopeRolesOwnershipLiability

ScorecardsChange ControlSuccess Criteria

End to End

Page 11: How to improve negotiation and contracting techniques with technology vendors

Common MisconceptionsCommon Misconceptions

Contracts.... just for the lawyers, right?

Well, I’ve signed the contracts now, so I don’t need to look at them again....

I’ve got all my contracts in a document management system, it all seems to be going fine, so why should I do anything?

Contracts.... just for the lawyers, right?

Well, I’ve signed the contracts now, so I don’t need to look at them again....

I’ve got all my contracts in a document management system, it all seems to be going fine, so why should I do anything?

Page 12: How to improve negotiation and contracting techniques with technology vendors

SummarySummary Contracts define how a bank interacts with its IT vendors

on an ongoing basis - they are business documents Contracts are borne out of a series of complex

interactions between banks and vendors - the context carries the meaning

Contracts should reflect the business needs of the bank Contracts should have flexibility built in so that they can

be used to respond to changing circumstances.

A recording of this webinar will be made available to you shortly for your reference. Please also consider our in-depth and flexibly delivered training course.

Contracts define how a bank interacts with its IT vendors on an ongoing basis - they are business documents

Contracts are borne out of a series of complex interactions between banks and vendors - the context carries the meaning

Contracts should reflect the business needs of the bank Contracts should have flexibility built in so that they can

be used to respond to changing circumstances.

A recording of this webinar will be made available to you shortly for your reference. Please also consider our in-depth and flexibly delivered training course.

Page 13: How to improve negotiation and contracting techniques with technology vendors

NEW TRAINING COURSE:Take your knowledge a step further – fully flexible, contact us to discuss your requirements

NEW TRAINING COURSE:Take your knowledge a step further – fully flexible, contact us to discuss your requirements

This free webinar provided an overview of the topic. The new training course from IBS Intelligence and Negotius provides in-depth assistance and guidance

For more information and to take your knowledge further, please call us on +44(0) 1303 262 636 or email Jon Raeside at [email protected]

This free webinar provided an overview of the topic. The new training course from IBS Intelligence and Negotius provides in-depth assistance and guidance

For more information and to take your knowledge further, please call us on +44(0) 1303 262 636 or email Jon Raeside at [email protected]

Page 14: How to improve negotiation and contracting techniques with technology vendors

Contact us

[email protected]

+44(0)1303 262 636

www.ibsintelligence.com

Contact us

[email protected]

+44(0)1303 262 636

www.ibsintelligence.com

System selection (core and all other areas of banking)

Contract negotiations Project planning services System and process reviews Shari'ah compliance Market analysis Marketing strategy Bespoke market research and

surveys

System selection (core and all other areas of banking)

Contract negotiations Project planning services System and process reviews Shari'ah compliance Market analysis Marketing strategy Bespoke market research and

surveys