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How to improve contracting and
 negotiation techniques with
 technology vendors

 Wednesday 25th April, 2012




www.ibsintelligence.com
Introduction

 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
Webinar Agenda:

 Example situation to illustrate the challenges

 Negotiating approaches

 A better approach

 Common misconceptions
Example - 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
Example - 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?
Example - 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
Example - 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?
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
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
Understand it Holistically




Business      Vendor           Contract      Sign        Implement
Objective    Response         Negotiation   Contract      Contract


                              Scope         Scope
            CRM                                         Scorecards
Enter New                     Sequence      Roles
            Channels                                    Change Control
Market                        Roles         Ownership
            Product Factory                             Success Criteria
                              Commercial    Liability

                               End to End
Common 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?
Summar y
 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.
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
    jonr@ibsintelligence.com
 System selection (core and all
  other areas of banking)          Contact us
 Contract negotiations
                                   info@ibsintelligence.com
 Project planning services
 System and process reviews       +44(0)1303 262 636

 Shari'ah compliance              www.ibsintelligence.com

 Market analysis
 Marketing strategy
 Bespoke market research and
  surveys

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How to improve negotiation and contracting techniques with technology vendors

  • 1. How to improve contracting and negotiation techniques with technology vendors Wednesday 25th April, 2012 www.ibsintelligence.com
  • 2. Introduction  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
  • 3. Webinar Agenda:  Example situation to illustrate the challenges  Negotiating approaches  A better approach  Common misconceptions
  • 4. Example - 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
  • 5. Example - 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?
  • 6. Example - 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
  • 7. Example - 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?
  • 8. 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
  • 9. 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
  • 10. Understand it Holistically Business Vendor Contract Sign Implement Objective Response Negotiation Contract Contract Scope Scope CRM Scorecards Enter New Sequence Roles Channels Change Control Market Roles Ownership Product Factory Success Criteria Commercial Liability End to End
  • 11. Common 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?
  • 12. Summar y  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.
  • 13. 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 jonr@ibsintelligence.com
  • 14.  System selection (core and all other areas of banking) Contact us  Contract negotiations info@ibsintelligence.com  Project planning services  System and process reviews +44(0)1303 262 636  Shari'ah compliance www.ibsintelligence.com  Market analysis  Marketing strategy  Bespoke market research and surveys