Pricing And Contract Management Manager

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My experience in the fields of price strategy and contract negotiations for enterprise services. I have driven purchasing and contract negotiations for everything from telecom services and Cisco maintenance services to cloud / managed hosting agreements and software license purchases.

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Pricing And Contract Management Manager

  1. 1. Contract Management & PricingManagerKnowledge, Skills and Abilities (KSAs)Atlanta, GAAugust 2012
  2. 2. A well-rounded and versatile sales support professional with 15+ years spent developing key skills.Skills Details Where UsedSales Support Skills Customer demos, tradeshow Ericsson Inc, BellSouth, Verizon support, proposals Business, Cisco, SiemensPresales Engineering Servers, desktops, laptops, IBM, Ericsson, Bellsouth, Verizon data centers, storage arrays, Business, Cisco, Siemens mcommerce, telecom servicesContract Negotiations Complete customer / account Verizon Business, Cisco renewals, amendments and SOWsContract Management Contract interpretation, BellSouth, Verizon Business resolution of billing and SLA disputesProposal Management Analysis, Project Management Ericsson Inc, BellSouth, Verizon and Timely Response to RFIs, Business RFQs, RFPs and Reverse AuctionsFinance & Pricing Skills Deal Pricing, Commercial BellSouth, Verizon Business, Cisco, Finance, Cost Accounting Siemens Mason, Samuel R. 2
  3. 3. Commercial Terms & Clauses– Minimum Annual Commitments (MACs), Total ContractValue, Terms & Conditions, Billing Review, Authorized Use, Limitations of Liability,Confidentiality, Product Addendums, Flow-through Ts&Cs, Tiered Pricing, Pricing Rebates &Credit structures, Underutilization, Business Downturn, Technology Migration, Mergers &AcquisitionsTechnology Solutions – Telephony & IP Networks (BellSouth, Verizon), Mobile Commerceapplications (Ericsson), CATV equipment (Cisco), Electrical Construction (Siemens)Professional Services -- Cisco Support Services (24x7, NBD, etc), PMO Services, PBXMaintenance, Integration, Training Mason, Samuel R. 3
  4. 4. Hardware – Data Center infrastructure, computer servers (Dell, IBM),storage arrays (NetApp, Dell, EMC), networking equipment (Juniper, Cisco)Software – Enterprise Agreements for Server Operating Systems, Activation/ Usage Licenses for Storage Arrays, Network Switches (Big 5, Foundry),Routers (Cisco, Juniper), Enterprise Licenses for VM Ware, Microsoft SQL,Sharepoint Services, License Mobility discussions and others;Contract Maintenance – Change Orders, SOWs, Amendments, Addendums,Exhibits and new MSAs, DSAs and GSAs Mason, Samuel R. 4
  5. 5. Service Inventories – Performed automated and manual inventories ofinstalled hardware, software, telecom circuits, training credits, datacenters, servers, routers, and software licenses.Cost Models – Created bottoms-up (inventory-based) cost models utilizinghistorical or quarterly costs or assigned percentages. Created custommodels for managed hosting and offsite managed storage and modifiedexisting data center and managed PBX cost models.Margin Analyses – Created overall opportunity analyses for strategicprocurement events, line item purchases and bills of materials (BOMs) thatincorporated cost, price, discounts and expected net revenue. Mason, Samuel R. 5
  6. 6. Price Strategy – Experienced with driving the price strategy for completeMaster Service Agreements (MSA), Addendums, Amendments, Exhibits andStatements of Work.Pricing Negotiations – Experienced with customer-facing negotiationsconcerning site turn-up, enterprise software license purchases, SLApenalty triggers, matrices and amounts, hardware purchases, maintenanceagreements and professional services and PMO support.Deals Desk - Experienced with delivery daily price quotes, reviewing BOMs(Bill of Material), updating costs to/from SAP, and creating the financialaddendums / exhibits to be used for RFP responses. Mason, Samuel R. 6
  7. 7. Activity Purpose ResourcesPhysical Software Inventory To locate the installed base across Software Inventory tools, servers, desktops, mobile devices, Procurement reports cloud instancesSoftware License Inventory To match software licenses to all Software Asset Management tools installed software. with current catalog to recognize software fingerprints, registry entries and other installation traces across the enterprise.License Analysis To determine the appropriate Software Asset Management tools software license for the hardware with current catalog to recognize / cloud environment, usage the Hardware / Cloud profile. E.g, UPU, PVU, Floating, environment and determine Core, User licenses current licensing requirements for the SoftwareCollect Procurement / Purchasing To cross-reference with the contracts, purchase orders,Data inventory found by the software maintenance payments, true ups, inventory tools. invoices, email records and credit card purchasing records.Determine Product Use Rights Analyze contracts and EULAs to Contract repositories, shared create and maintain a software drives, SAM databases, individual catalog, where basic products, as department records. well as bundles, suites, server software, and upgrades are covered.. Mason, Samuel R. 7
  8. 8. Activity Purpose ResourcesDetermine Product Entitlements To maintain a constantly updated License Management Software, overview of how many product Attorneys or Outside Counsel with use rights you have for each Software License Expertise; product you own, determine Existing License Maintenance where each product can legally be records. installed, and what lifecycle stages have occurred or are approaching.Compliance Position To compare software publisher IT team, Legal team install, usage and license requirements to the actual environment.Financial Position To develop aggregated cost IT Management, Corporate exposure models of current spend Finance, Procurement, Legal, and forecasted future spend Corporate Sponsors, Risk based on changing needs. ManagementAggregated Position To determine an Enterprise-wide Division Heads, Executive perspective of the software Management landscape.Continued License Maintenance, To reallocate software instead of IT Management, dedicatedAnalysis & Reassessment purchasing more; Find less expensive Procurement Managers, Legal alternatives and manage the product portfolio to optimize software resources investments and keep costs low. Mason, Samuel R. 8
  9. 9. ITEM Description ApproachTerm: “Licensee” A term that describes to what This must be carefully defined to entity the vendor is granting a match your usage profile. A usage entitlement or license. corporate level licensing scheme may give you more usage but also expose you to more fees.Scope of Use clause The permissible Scope of Use Keep this clause broad enough to clause defines the manner in cover all aspects of aspects of which the software will be used. your business transactions and allow for third parties to use, access and benefit from the software.Contractual Changes Contract clause that describes Insist on having product-specific how future changes will be addendums so that particular memorialized license changes do not become global in scope.Auto Disable Clause A concept typically buried in Ensure that you are not giving the Representations & Warranties vendor permission to auto- clauses disable their software following license expiration.Maintenance & Support Statements of vendor Maintenance and Support oftenObligations responsibilities with regards to ends up being a separate types of support and response contract. Make sure that the same times. terms and language are associated with the license as well. Mason, Samuel R. 9
  10. 10. ITEM Description ApproachIndemnification Clause This clause has two major functions. One Determine what operational and is to prevent the problem of patent financial impacts the failure of infringement for using software you are your new software will have on not entitled to. The second is to business operations. Quantify this minimize the vendor’s liability caused by number. Make sure that the use of the software. Vendors don’t want Indemnification provision is broad to be liable if their software is in use enough to provide your company when a surgical robot, train system or with complete indemnification for power plant fails. This clause impacts all intellectual property claims and Intellectual property and bodily injury all claims relating to bodily injury claims.Limitations of Liability & These clauses strive to minimize Make sure that the Limitation ofConfidentiality the vendor’s legal and financial Liability provision is not exposure to any perceived failures applicable to (a) breaches of the by ensuring that their Intellectual Confidentiality provision, (b) Property is maintained in the breaches of the representation strictest confidence and is only that the software has no disabling accessed by Authorized Users. device, and (c) the Indemnification provision. In other words, try to assign as much liability as possible to the vendor.Internal Dispute Resolution The mechanism whereby Make sure you have an Internal disagreements are discussed and Dispute Resolution clause or the resolved before arbitration and lawyer fees alone may bankrupt litigation activities ensue. you. Mason, Samuel R. 10
  11. 11. ITEM Description ApproachTermination Clause Describes how and when a Make sure that your Usage software license can be Entitlement is not affected if you terminated. Should include have a Perpetual license. Also, be timelines and notification sure look at the notification time procedures. periods for autorenewals and for maintenance pushes.Clearly define Key Terms Where terms such as Enterprise Make sure that the definitions are Agreement, UPU, PVU, Named not generic industry ones but User and so on are defined. tailored to your company, division, usage scenario and so on.Audit Provision A clause that allows the software Make sure this is a fair, equitable, vendor to remotely audit your and non-disruptive process. installed base of their software to Ensure that written notifications determine the right match of are sent at least 45 days prior and installed environment and usage agree as to what aspects your to their license agreements. data environment will be visible to the automated or human auditors.Authorized Installation This concept is typically covered Make sure that, if necessary, the in the EULA and describes how software license agreement many instances / copies you can addresses partitioning the install of the license, on what computers and servers; dual hardware and how. processing and the number of instances that are allowed Mason, Samuel R. 11
  12. 12. ITEM Description Approach3rd Party Support Whereby the vendor demands that This is nonsensical and must be any consultants wanting to assist resisted at all costs. Agree to a you with negotiations, audit notification procedure and mutual defense, or contact maintenance NDAs. Any other vendor demand must secure the vendor’s written should be viewed as out of scope. permission.Unapproved Communication A clause that extends the concept This is a Freedom of Speech of Confidentiality to minimize the infringement and should not be client’s discussions about the entertained. If you cannot discuss software in industry forums, with installation problems or peers or the media. acknowledge usage of the vendor’s software, you give up any leverage you have (absent litigation) to ensure that the vendor delivers on their promises. Mason, Samuel R. 12
  13. 13.  Samuel R Mason ◦ 15 years of high-technology experience ◦ Experience driving global, high-value deals ◦ A proven contract manager & negotiator ◦ A seasoned pricing strategist ◦ Mobile: (678) 459-4651 ◦ Email: SamuelRMason@gmail.com Mason, Samuel R. 13

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