Procedures to Mitigate Outsourcing Risk document outlines risks of outsourcing and provides strategies to mitigate those risks. It discusses defining project scope, roles and responsibilities in contracts to prevent issues. It also recommends planning for success with a shared vision and critical success factors. Ongoing risk mitigation includes regular performance reviews, benchmarking, and insurance. Proper planning is needed for demobilization and transition to prevent issues when a contract ends.
How AI is Making Contract Management Easier and More EffectiveSirionLabs
While the number of enterprises implementing Contract Lifecycle Management solutions is increasing rapidly, there are still major concerns related to user adoption, business impact and Return on Investment. This is due to a combination of factors – user experience is complex, automation is superficial requiring additional manual effort, limited analytics, lack of functional depth to drive business outcomes, etc.
The good news is that with Artificial Intelligence (AI) driving the next generation of CLMs, enterprises are successfully overcoming the above barriers to realize true business transformation. Watch this webinar featuring Andrew Bartels, VP and Principal Analyst, Forrester and Ajay Agrawal, Founder and Chairman, SirionLabs to discover how AI is enabling improved business velocity, risk mitigation, and financial and business outcomes in commercial engagements.
For more information, visit https://www.sirionlabs.com/
The document discusses potential areas for schools to save costs, including power management, virtualization, free email, printing, and Microsoft licensing. It notes that information and communication technology spending, printing/copying costs, energy use, and licensing fees can represent significant expenses for schools and opportunities to reduce spending. The document specifically addresses Microsoft licensing options for schools under their new Enrollment for Education Solutions program, which offers perpetual or subscription licenses based on staff counts rather than computer numbers.
Eyad Sallam International IFSEC and OSH Arabia conference presentationEyad Sallam
1. The document discusses driving safety best practices and performance for construction contractors and subcontractors in Saudi Arabia. It identifies the top 5 safety violations, including speeding and reckless driving.
2. It emphasizes the importance of managing contractor safety and outlines several strategies for doing so, such as including safety rules in contracts, conducting inductions and inspections, and establishing a reward and consequences system.
3. Regular Health, Safety and Environment steering committee meetings between main contractors and subcontractors are recommended to collaboratively address safety issues, set expectations, and monitor performance through leading and lagging indicators.
This document provides an overview of business continuity management (BCM) regulations around the world. It discusses BCM requirements in various countries and sectors such as government, healthcare, capital markets, and utilities. The research was conducted by reviewing online sources and involved analyzing BCM regulations and standards in over 30 countries. The findings indicate that many countries and sectors have implemented regulations to enhance BCM preparedness and resilience. The presentation aims to communicate this information to relevant authorities in India to help boost BCM practices through potential new regulations or guidelines.
Presented by Ramesh Ramani (LRQA)
AGENDA
Introduction-BCMS and ISMS
International Standards, UAE Regulations (NCEMA, ADSIC, NESA, ISR, GDPR). Dubai Data Law
PDCA Cycle
Common Factors-BCMS and ISMS
Organisational Considerations
Joint Project Management
Where this will work?
Where this will not work
Q&A
The document provides an overview of project procurement management. It discusses the key processes involved - planning procurement, conducting procurement, administering procurement, and closing procurement. It describes the project manager's role in overseeing procurements. Different contracting approaches like centralized vs decentralized are presented. Various contract types are defined including fixed price, cost reimbursable, and time and material. The outputs of plan procurement like the procurement management plan and statement of work are summarized.
The document discusses international sales and services contracts. It provides an overview of the typical structure of international business contracts, including headings, parties, clauses, and signatures. It also describes common clauses used in international contracts such as exemption, indemnity, warranty, and penalty clauses. Additionally, the document discusses fundamentals of international private law, applicable law, jurisdiction, and the recognition and enforcement of foreign court rulings and arbitral awards. It provides information on the United Nations Convention on Contracts for the International Sale of Goods and regulations in the European Union that govern applicable law, competent courts, and recognition across borders.
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While the number of enterprises implementing Contract Lifecycle Management solutions is increasing rapidly, there are still major concerns related to user adoption, business impact and Return on Investment. This is due to a combination of factors – user experience is complex, automation is superficial requiring additional manual effort, limited analytics, lack of functional depth to drive business outcomes, etc.
The good news is that with Artificial Intelligence (AI) driving the next generation of CLMs, enterprises are successfully overcoming the above barriers to realize true business transformation. Watch this webinar featuring Andrew Bartels, VP and Principal Analyst, Forrester and Ajay Agrawal, Founder and Chairman, SirionLabs to discover how AI is enabling improved business velocity, risk mitigation, and financial and business outcomes in commercial engagements.
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The document discusses potential areas for schools to save costs, including power management, virtualization, free email, printing, and Microsoft licensing. It notes that information and communication technology spending, printing/copying costs, energy use, and licensing fees can represent significant expenses for schools and opportunities to reduce spending. The document specifically addresses Microsoft licensing options for schools under their new Enrollment for Education Solutions program, which offers perpetual or subscription licenses based on staff counts rather than computer numbers.
Eyad Sallam International IFSEC and OSH Arabia conference presentationEyad Sallam
1. The document discusses driving safety best practices and performance for construction contractors and subcontractors in Saudi Arabia. It identifies the top 5 safety violations, including speeding and reckless driving.
2. It emphasizes the importance of managing contractor safety and outlines several strategies for doing so, such as including safety rules in contracts, conducting inductions and inspections, and establishing a reward and consequences system.
3. Regular Health, Safety and Environment steering committee meetings between main contractors and subcontractors are recommended to collaboratively address safety issues, set expectations, and monitor performance through leading and lagging indicators.
This document provides an overview of business continuity management (BCM) regulations around the world. It discusses BCM requirements in various countries and sectors such as government, healthcare, capital markets, and utilities. The research was conducted by reviewing online sources and involved analyzing BCM regulations and standards in over 30 countries. The findings indicate that many countries and sectors have implemented regulations to enhance BCM preparedness and resilience. The presentation aims to communicate this information to relevant authorities in India to help boost BCM practices through potential new regulations or guidelines.
Presented by Ramesh Ramani (LRQA)
AGENDA
Introduction-BCMS and ISMS
International Standards, UAE Regulations (NCEMA, ADSIC, NESA, ISR, GDPR). Dubai Data Law
PDCA Cycle
Common Factors-BCMS and ISMS
Organisational Considerations
Joint Project Management
Where this will work?
Where this will not work
Q&A
The document provides an overview of project procurement management. It discusses the key processes involved - planning procurement, conducting procurement, administering procurement, and closing procurement. It describes the project manager's role in overseeing procurements. Different contracting approaches like centralized vs decentralized are presented. Various contract types are defined including fixed price, cost reimbursable, and time and material. The outputs of plan procurement like the procurement management plan and statement of work are summarized.
The document discusses international sales and services contracts. It provides an overview of the typical structure of international business contracts, including headings, parties, clauses, and signatures. It also describes common clauses used in international contracts such as exemption, indemnity, warranty, and penalty clauses. Additionally, the document discusses fundamentals of international private law, applicable law, jurisdiction, and the recognition and enforcement of foreign court rulings and arbitral awards. It provides information on the United Nations Convention on Contracts for the International Sale of Goods and regulations in the European Union that govern applicable law, competent courts, and recognition across borders.
This document proposes a blueprint for regional service integration and expansion. It discusses recent trends driving integration, outlines how to structure service level agreements, and proposes an organizational model to manage international growth. Next steps include implementing recommendations to improve credit risk management processes based on benchmarking strengths and weaknesses against competitors.
We assess your suppliers onsite and provide an in-depth, comprehensive report. We walk through the whole process to validate your suppliers’ capabilities, and give you advice on how to mitigate risks.
Here are what you can expect from our standard supplier assessment service package:
* Assessment summary
* Risk highlights
* Facility overview
* Business & finance
* Operational capabilities
* Supply chain management
* R&D and engineering capabilities
* Quality management
* Manufacturing
* CSR (corporate social responsibility) compliance
* SWOT analysis
* Supplier engagement suggestions
How do we work for you? Here is the basic procedure that you can have a glimpse on:
1. You place booking online
2. Confirm with suppliers on the arrangement
3. Assessor evaluate suppliers' capabilities onsite
4. Assessor submit findings and highlights
5. Review the report and answer your questions
Here is a sample report showing you what result you can expect from our assessment.
Feel free to reach out if you need any help at all. We'd be glad to help you out.
The document provides an overview of accounts payables market maturity and trends. It discusses the evolutionary path of financial shared services, from early consolidation to global business services. Major trends include a shift towards more integrated global delivery models and the use of robotics and automation. The accounts payables market is analyzed in terms of maturity levels and benchmark figures. Key enablers for successful accounts payables transformations are identified as agreeing on maturity levels and governance, aligning stakeholders, and planning projects realistically.
This document discusses outsourcing and service level agreements (SLAs). It begins by defining outsourcing as procuring services from a third party using integrated processes and systems. It then discusses reasons for outsourcing like reducing costs and focusing on core competencies. The document also covers types of outsourcing like IT and administrative processes. It provides an overview of developing SLAs including initiation, specifications, documentation, and agreement phases. Finally, it discusses key elements of SLAs like service objectives, metrics, and issues to address.
This new usage model guides the creation of a business strategy enabled by cloud-based services. Attend this session to learn the key considerations that should be taken into account when developing a business strategy for cloud adoption and business transformation.
Nilesh_Bhandari_CV Dec 2014 V final 1 0 v 1 for SM BaselineNilesh Bhandari
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ADRESSING THE TRIPLE BOTTOM-LINE: THE HOLISTIC DETECON TRANSFORMATION APPROACH FOR INTEGRAL BUSINESS
Global trends and transformations in society and the environment are having an increasingly important impact on companies and their business processes. If they are to meet successfully the social, technological, and environmental challenges facing them, companies must rethink their current business models, structures, and methods and adapt them to changes in general conditions. Detecon interprets corporate responsibility as the productive utilization of integrated management and technology know-how from a commercial and social viewpoint.
The Detecon Approach helps
Integral Transformation Process
Detecon Approach: Integral Business Model
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Transformation and Optimization at the Forefront
The Detecon services in the area of “Integral Business” encompass a broad range of subjects in which transformation and optimization represent the key fields of action.
When it comes to transformation, Detecon consultants keep their eye on in-company as well as cross-company transformations which have social impact.
During optimization, Detecon supports companies as they strive to meet targets for reductions in energy consumption and CO2 emissions, to improve their responsible supply chain, and to increase efficiency in telecommunications networks and computer centers.
Nigel Thurston-Smith is a highly experienced project manager with over 22 years of experience managing projects across various industries including financial services. He has a strong track record of successful delivery of projects on time and on budget. He has extensive experience in project management methodologies including PRINCE2, Agile, and ITIL. He has managed projects involving regulatory reporting, customer platforms, data migration, and technology upgrades for organizations like Lloyds Banking Group, Nationwide Building Society, and Diligenta.
This document discusses offshore outsourcing and project management challenges. It outlines the advantages and methods of outsourcing. Key phases in the outsourcing process are identified as pre-contract, in-contract, and post-contract. Issues with offshore outsourcing include cultural differences, intellectual property protection, and unrealistic cost expectations. Best practices for outsourcing include mature vendor relationships, effective communication methods, and risk management. Standards and certifications help govern outsourcing projects and activities.
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The document discusses how digital transformation is occurring across industries like infrastructure, construction, and energy. It notes trends shaping capital projects like construction including digital collaboration, BIM, data-driven design, IoT, digital twins, and advanced analytics. The construction industry spends little on IT and has low productivity growth. Adopting digital tools could help cut costs by 13-21% and improve processes like clash detection, RFI handling, and asset management through integrated data and models. BIM adoption is rising but implementing new technologies requires a long-term focus on simplicity, measurement, security, and developing capabilities over time.
The document summarizes recommendations from a lean process improvement project conducted by Deloitte Consulting LLP for the City of Detroit. Six key themes for improvement were identified across city departments: customer education, data collection and performance tracking, technology use, process transparency, knowledge sharing, and training. Recommendations focused on three areas: streamlining IT services, centralizing purchasing functions, and standardizing maintenance across city vehicles and facilities. Implementing the recommendations could reduce costs, improve response times, increase transparency and data use, and boost productivity across departments.
The document discusses the need for legacy application transformation due to the large amount of legacy code and resources spent maintaining it. It notes that over 50% of IT resources will retire in the next decade and that legacy systems hamper business agility and customer experience. The document then summarizes CGI's legacy application transformation framework which takes a six phase approach to address challenges through business transformation, business process management and technology services tailored to each client's needs.
Hinkley Point C is a nuclear power station project in Somerset, England. The document discusses Hinkley Point C and the company's experience delivering large infrastructure projects. It emphasizes the importance of real-time contract management using the NEC3 contract framework. Key aspects include early warnings, change management, and an accepted programme to manage the complex supply chain and large volume of changes. Rigorous contract administration and a collaborative approach are needed to successfully deliver a major project on time and on budget.
This document discusses outsourcing trends and best practices. It provides an overview of why companies outsource functions, the historical background of outsourcing, factors to consider when determining what to outsource, and risks to be aware of. Key outsourcing trends include information technology, customer service, human resources, finance and accounting, and research and development functions being moved offshore to reduce costs. Companies must identify their core competencies and critical success factors to determine what is best to outsource versus keep in-house.
EPC Solutions LLP, which is into Large Scale Infra Projects (Metro, Airports, Stadiums & Other Mega Projects), Energy Solutions (EPC Solutions for Transmission & Distributed System upto 765kV, Contour & Route Survey, Soil Investigating etc.), Solar (EPC), Structure Supply - For Infra, Energy T&D & Solar Segment, MEP Services, SEZ & Other Consultancy Services, BIM Services (Upto LOD 500) & Geographical Information System, IT Services (Web Development, Software Solutions & Manpower Solutions).
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We assess your suppliers onsite and provide an in-depth, comprehensive report. We walk through the whole process to validate your suppliers’ capabilities, and give you advice on how to mitigate risks.
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Here is a sample report showing you what result you can expect from our assessment.
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The document provides an overview of accounts payables market maturity and trends. It discusses the evolutionary path of financial shared services, from early consolidation to global business services. Major trends include a shift towards more integrated global delivery models and the use of robotics and automation. The accounts payables market is analyzed in terms of maturity levels and benchmark figures. Key enablers for successful accounts payables transformations are identified as agreeing on maturity levels and governance, aligning stakeholders, and planning projects realistically.
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Global trends and transformations in society and the environment are having an increasingly important impact on companies and their business processes. If they are to meet successfully the social, technological, and environmental challenges facing them, companies must rethink their current business models, structures, and methods and adapt them to changes in general conditions. Detecon interprets corporate responsibility as the productive utilization of integrated management and technology know-how from a commercial and social viewpoint.
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Managing Third Party & Counterparty Relationship Risks
1. Procedures to Mitigate Outsourcing Risk
9 October 2013
Matthew Flood
General Counsel, Support Services
2. Introduction
What are the risks of outsourcing?
Mitigation: Planning for success
Risk Mitigation: Specific Actions
2
What is outsourcing?
Questions?
4. Why is this relevant?
£250m contract for 10,400 security staff
G4S unable to provide enough staff
4,700 members of the armed forces deployed
4
G4S London 2012 Olympic Games Security Contract
Resignation of CEO
5. Definition of Outsourcing
A "typical" definition:
"the process of transferring the responsibility for a specific
business function from an employee group to a nonemployee group, which may or may not include the transfer
of assets and personnel”
Means different things in different situations:
●
●
●
5
Contracting relationships
Sub-contracting arrangements
Alliances/partnerships
6. What does Balfour Beatty do in the outsourcing
space?
Energy services (WorkPlace)
Roads networks (Living Places)
Gas/water networks (Gas & Water)
Business Process Outsourcing (WorkSmart/WorkPlace)
6
Facilities Management (WorkPlace)
Total Outsourcing (WorkPlace)
8. Why is this relevant?
£12 billion scheme to provide electronic patient records
Scrapped after 10 years
8
National Health Service – NHS National Programme for IT
(NPfIT)
Estimated overruns of £7.4billion, multiple supplier contracts
terminated
9. General risks
Vanity Projects
Lack of buy-in/understanding
●
●
At executive level
Generally by staff
Working with contractors (especially overseas)
●
●
●
Lack of cultural understanding
Data protection
Bribery/Ethical risks
9
Bespoke vs Generic system
“Non-outsourcable” responsibility
10. General risks: continued
Capability
●
●
●
Intellectual Property
●
●
10
Do they know what they’re doing?
Losing talent to the contractor?
Can they take you for a ride?
Benefit of developments?
Selling your knowledge to other customers/competitors?
Dependence
11. Is this more complex than you think?:
Balfour Beatty Living Places’ capabilities on roads
11
Highways and
Transportation
Strategic
management of
highways and street
lighting assets
Network
management
Health and safety
management and
delivery
Congestion
reduction
Programme
management
Project
management
Street-lighting
design and
maintenance
Road safety & travel
planning
Highways design
and maintenance
services
Winter maintenance
Emergency
response
Vehicle
management and
maintenance
services
Grounds
maintenance
services
Construction
Site supervision
Sustainability
Environmental
services
Performance and
risk management
Change
management
Highway asset
management
CDM services
Street-lighting
design and
maintenance
Highways
inspection
Traffic control
systems including
traffic lights
Planned & reactive
maintenance
Enquiries from the
public
Road space
management
Traffic Management
Act coordination
Third Party claims
management
Tree management
Drainage
Lighting
management
Parking control
Travel & information
management
Streetworks
Network coordination
Traffic monitoring
Material testing
Annual road user
casualty reduction
13. Why is this relevant?
$4billion deal for EDS to provide world’s largest intranet
700,000 users, 400,000 computers in 620 locations
Project plagued by delays and controversy
$550 million in deferred costs written down in 2003
13
US Navy EDS IT Contract
Now, whole site being “unbundled”
17. What makes it work:
Critical Success Factors
Game changing
Business
STRATEGIC
Partnership
‘Working
together’
Executive
sponsorship
17
Data-based
approach
early
identification
of trends
WorkSmart
Shared
Services
Service
Management
framework
Fielding the
Right Team
18. What does success look like?
18
Success is where the
outsourcing delivers
better value than the
client could generate
doing the work itself
And, this success can
actually be measured
19. Preparing for success: Is there an ideal process?
Provides a process
clients/contractors
can use to work
together effectively
19
BS11000
Collaborative
Business
Relationships
Auditable
21. Why is this relevant?
G4S/Serco Prisoner Electronic Tagging Contracts
Alleged overcharging of up to £50 million pounds
Offenders had been released, were in prison or even
deceased
Serious Fraud Office to investigate
Banning from government contracts?
(c. 50% of Serco Revenues)
21
23. Contracting: More Haste Less Speed
Rush to “get to contract”
Scope poorly defined, terms harsh/unmoving, schedules left
“TBA”
Time not spent on:
●
●
●
23
current state;
what is required; nor
what success looks like.
24. Contracting Framework: Roles and Responsibilities
SCOPE!
●
●
●
Set out clearly what client does vs what supplier must do
●
●
24
Must be clear, consistent,
If not included, will usually be a variation
“Kitchen sink” language
Client dependencies
Outsourcing contracts fail where gap in understanding
25. Contracting: Outsourcing life cycle
Beginning, middle and end
Leave enough time for the handover
Contract operation
●
improving metrics/efficiencies over the life cycle
Extension?
Termination/hand over mechanics
●
●
●
25
Termination for convenience?
Transitional services?
Break costs?
26. Contracting: Risk and Reward
Client risk or contractor risk?
●
●
Who is best placed to pay for it?
Do you REALLY want the contractor to take it?
Pain/Gain share mechanisms
Claims/investigations?
Specific risks
●
●
26
Bribery/data protection/HSE/personal injury etc
Indemnities?
27. Contracting: Policing Mechanics
KPIs
Service Credit regimes/Liquidated damages
●
●
Should this apply across all KPIs?
Exclusive remedy?
Reporting requirements/Escalation Procedures
●
●
Governance structure?
Consistent data/data overload
27
Termination Rights (on default, change of control etc)
Step In Rights
29. Mobilisation/Ongoing review
Planning is no good if actual implementation is poor
Transformational shift in culture
●
●
●
●
Safety
Efficiency
Redundancies?
On-going employee engagement
29
Data in agreed form ready to be produced
Contract summary
30. WorkSmart service management
Our Service Management framework has assured performance transparency
and enables collaboration with our clients
‘You cannot manage what you cannot measure’
WorkSmart
Only
Data based
and
Baselined
metrics
Bill Hewlett (co-founder of HP)
Driving
accountability
and E2E
improvement
30
End-to-End
• We measure WorkSmart only and End-to-End performance
metrics, and embed in Service Agreements
31. WorkSmart service management
End-to-End
Performance reviews are held monthly with each Client, chaired by BBWS
Account Manager and incl. WorkSmart Only and End to End performance.
• End-to-End achieved 66% GREEN SLA compliance (Mar)
• AP invoices POT % + Level of aged Debt compared to baselined
expected and minimums varies by OpCo
• Payroll accuracy + Timeliness + Payslip distribution
compared to baselines
• % addressable spend going through SCM agreements +
% of forecast benefit achieved + % rebates collected
Insights:
31
• End-to-end comparative metrics are a catalyst for change
• Stronger client relationships accelerate benefits and value-add
32. HEAVEN/HELL
4% efficiency
challenge to
tendered outputs
10% of 8 year
programme by
December
Subcontract
reinstatement
Improve external
stakeholder
relationship
WIP < 155 days
<50mil
Efficiency
programme < 4%
Staff churn
Employee attrition
Year 1 workload
target & risk
removal delivered
IT systems
delivering eg audits
MI capability
Employee
Engagement
survey
Innovation – mains
lining; asbestos
insertion
Relationship with
local authority
improved
No Section 74
Contract KPIs
delivered
Robust MI/ contract
measurement &
environment
All staff have
objectives linked to
Biz plan
Customer Sat >
8.05
Developed
sustainable
manpower strategy
that covers winter/
summer
requirement
Meet budget
All BB employees
Hit Zero harm
target
Accumen live NW
GDSP & Data
Fit for purpose
tendered structure
in place
Year 2 programme
in place
Engaged workforce
62+ (79)
D42 achieved
Year two Design
submitted
Customer score 8.5
Restructure
complete
Paperless system
Dateline
Ops not delivering
- programme
adherence
Succession planning
– losing key talent
April 2014
April 2015
Low Employee
engagement
results
Exceed mains
replacement target
7% efficiency to
tender contract
BMS non compliant
Increase in staff
numbers to
manage inefficient
processes/ systems
HSE consultation
cuts too deep –
unsafe network
Reputation on 3rd
party reinstatement
£££
32
Property portfolio
stable (optimal)
Development plans
not in place
GDFO issues WIP
>55m
High customer
complaints and
enquiries
S74 performance
not improving
Lack of confidence in
the reinstatement
process
Poor relationship
with stakeholders
Stakeholder
relationship not
improved
Transformation
team/ projects
delayed due to
consultation
8+ look ahead work
& design
People issues –
relationships;
competence
blocker on delivery;
succession
planning
Open book supply
chain orders
Achieve Zero harm
target
H&S performance
declines
NWGA pack
completion
Front end focus not
backend loaded
New innovations
process/ IT
34. Insurance/Security
Consider what insurance policies required
●
●
●
Security
●
●
34
Who should insure (client/contractor)
For what (design, physical damage etc)?
Ensure currency of coverage
Bank guarantees/insurance bonds
Parent company guarantees
36. Risks on retendering
Demobilisation can be expensive
Your current supplier is in the best position
Culture
●
Transition
●
●
36
People can take their eye off the ball
Expect to pay twice
Does the contract still work 5 years on?
37. Mitigation of risks
Intellectual property – who gets all the
handbooks, manuals, IT etc
Staff
●
●
●
TUPE – does it apply? It can help (OR NOT!)
“Golden handcuffs”/bonuses?
Non poaching/confidentiality clauses
37
Branding solutions
Buy out the company?
38. Why is this relevant?
Hanno outsources infantry to 20,000 mercenaries
Following contract losses and poor demobilisation, Tunis
seized by mercenary army
Previous manager, Hamilcar Barca, reinstated
38
The Truceless War, Carthage, 240 B.C.
Resolves the matter out of court by killing them all
Welcome – joke about only being me between conference and the bar (or the Paris shops)Begin with why this is relevantDefinition of what is outsourcingA discussion of when it is a good idea to outsource and what success looks likeAn overview of some of the key risks of outsourcing and procedures to mitigate some of that risk before during and after contractThen, some time for questions
Before we can really understand how to mitigate the risks of outsourcing, we need to understand what it is, and why you might want to do it.
Many of you will recall the fiasco surrounding G4S and provision of security staff for the Olympics. It finally led to the resignation of Nick Buckles, the extremely successful CEO outsourcer behind G4S (although apparently with a £20m package)
Outsourcing means different things for different people. Various models are out there, some of which involve more or less risk for the customer. Putting it simply, the more the customer remains involved with the outsourced process, the more risk he/she will be expected to retain. A company will not take risk for all aspects of an IT system, say, where the client remains responsible for hosting the information.However, if all aspects of a process are bundled together and given to a contractor, then the contractor will be more comfortable taking entire life cycle risk for that process.Alliances are often the most tricky to deal with – these usually involve situations where client/contractor teams are integrated. These provide the customer with the added benefit of additional control, heightened retention of knowledge, but as a result a much murkier liA typical definition is: (read definition).
What does BB do in the outsourcing space?We are less about complex IT outsourcing, but rather about outsourcing of functions. BBW provides hard and soft facilities management services for the built environment. Our Living Places businesses focuses on roads management/street lighting. Our Gas & Water business operates and maintains water and gas pipeline networks.Separately, my Division also has an internal shared service organisation called BB WorksSmart. This provides transactional finance, IT, procurement, HR and other back office services to the UK business. It essentially operates as more of a traditional outsourced operation.Finally, also within BBW is a more revolutionary outsourcing model, operating in local authorities like North Tyneside and NE Lincolnshire. In NE Lincs, we have taken over most of the Council’s non-core function – even to the extent of reviewing planning and highways applications etc. All staff were TUPE’d over to BB, and the Council has kept enough staff to fulfil its non-delegable statutory functions.
So, what are the main risks of outsourcing that need to be mitigated?
This is relevant because this often goes VERY wrong!Take the UK NHS – After 10 years of working on a system to share electronic patient records between GPs, hospitals, etc, the entire system was scrapped after massive overruns.
Vanity projects: These are probably the worst of the worst – the vanity project desired by a CEO/Minister with little or no regard for its benefit or whether it can even be implemented. Often driven by the greed of unscrupulous consultants paid on hourly rates, these projects can burn billions with little or no output ever seen. The NHS patient information project is a great example.Lack of buy-in:This can happen in two ways. Either management doesn’t understand the project, and there is no clear executive sponsorship of the deal. You will usually then find that suppliers waste a lot of time and effort coming up with proposals, or working on them, and then a large bill comes in the post that no one wants to pay. Create a clear governance process from the outset and make sure someone at exec level at the client is accountable. Then, you will save yourself and the customer a lot of heartache.You can create the best system or process, but if staff or the ultimate end-user doesn’t actually use the system, and keeps ringing their old contact, then the efficiencies etc will never work. Has to be user friendly, understandable, and “avoidance-proof” – i.e. people have to use it.Multi-sourcing – it is often the case that people will choose to work with multiple suppliers or advisers in order to mitigate their risk (e.g. of insolvency). However, while solving one problem, they create another, and that is interface risk. You run the danger here of no one taking responsibility, and everyone blaming each other, and you really only have one person to blame – yourself for creating this mess in the first place. Organisational design can really help here – clear schedules setting out who is responsible for what, and allocating liability across the group (including yourself) in an alliance style framework may be the best way to deal with this.Working with overseas contractors brings with it an entirely new set of issues
Another risk is whether the supplier, or any supplier, actually has the skills to take over your process. Often, to get the understanding, the supplier ends up shadowing the organisation for months, learning everything about their processes, ways of operating, and so on. At the end of all this, they TUPE your staff into their organisation, along with all their intellectual capital. How do you value the benefit of this knowledge. What stops the supplier from taking this talent and using it to develop a business with your competitors. All of this can be a big risk – you may be better off just leaving the capability within your own organisation.This is particularly the case if you become too dependent on your supplier. What if they go bust, or you see a gradual reduction in service levels which over time ends up costing your business. Can the supplier become so embedded that they cease to care, and get the same amount of money knowing that if they slash overhead, they start to make some serious profit off you.
And, I think this slide indicates well the general risk that sometimes customers just don’t realise how complex their own organisations are, or even what they do. When you start picking at the edges of something, you realise how much it is tied into lots of other ancillary services. Each of these items requires a clear understanding of who’s responsible, or otherwise your contract will become a vacuum for variation orders and a field day for lawyers like me.Something which you might consider fairly simple like maintenance of a road, can actually be divided into 40 capability sets. And, beware of replicating this for all roads – in Australia, there might be a separate capability for protecting koalas crossing the street, or for dealing with bushfire response.Each one of these categories could probably be divided further into multiple other categories, each with its own complexity and regulation.
We have heard enough of the doom and gloom – the next part of the talk deals with some tools and procedures for how to mitigate the risk of outsourcing. Some of this is legal, but most of it isn’t. Strangely enough, my part of Balfour Beatty gets involved in less litigation than all the other divisions of the group. Generally speaking we resolve matters commercially. Why? Because we have a lasting relationship with our customers – we are there for the long haul, and it doesn’t really help us to have litigation in the third year of a seven year relationship. Also, a lot of our business depends on contract renewals. There is little chance of a renewal if you end up suing your customer. And the other way around? Also easy, the client holds the money and just deducts it from the next month’s payments. It can be tough for outsourcers….
The US Navy contracted with EDS (now HP) to create the world’s biggest intranet. The project was plagued by delays and controversy, and let to EDS suffering an in quarter overall loss.4,100 servers handling 2.3 petabytes of data – 2nd largest network in the world (after the internet)Now, due to concerns about everything being in one place, the whole intranet is being unbundled.
Generally speaking, there is a much greater opportunity for an outsourcing to be successful if supplier and customer have a shared set of values. The above slide is an example of some work that Balfour Beatty Utility Solutions did with National Grid, showing that we did have a consistent set of values and that we were working together to achieve them.
In addition to values, it is very important to have a shared vision. A vision is more than just a bland statement – it is a process that builds in outcomes based on the shared values and goals. This example from a recent bid shows how we will work together with our client to achieve a vision. Each of these boxes on this chart would have its own implementation plan – and deals with both human and process elements to achieve performance outcomes for the project.
One key element to mitigate risk on an outsourcing project is to set up an appropriate organisational design. This needs to match relevant staff at the customer with staff at the supplier. Clear accountability needs to be set up for relevant aspects of the project, and governance arrangements put in place to escalate issues/queries.This slide is an example of how responsibility across an outsourcing can be divided up, although under the control of one named individual.
And from our Balfour Beatty WorkSmart business, I think this graphic sets out neatly all the building blocks in terms of overall success. There needs to be executive buy in. There needs to be a sense of partnership and working together through shared values and vision. There needs to be appropriate organisational design through a service management framework. And, importantly, the right people need to be put in place with a proper set of accountabilities and objectives. I will come to speak about data management shortly, as it ties neatly in to the risk mitigation principles set out in a standard outsourcing contract
I like this diagram as a great example of where outsourcing is a success. The “sweet spot” is where process innovation, cultural innovation and technical innovation all come together to create real value, and all of this is encased in a robust system of performance measurement. The performance measurement serves two purposes here – to keep the supplier on their toes, and to keep the customer satisfied that the partnership is, in fact, working.In a well run outsourcing, the measurement should also lead to performance incentives – both a carrot and a stick.
British Standards has developed BS11000, which is a process looking at collaboration between contractors and clients. Balfour Beatty participated in several pilot projects to develop the standards, along side Network Rail and National Grid in the UK.The Standard looks at the entire life cycle of collaboration from inception to termination. It can provide a useful basis for working together, particularly if such projects are a regular part of your business. The standard is a framework for developing the policies and processes, culture and behaviours required to drive continual improvement with key suppliers.
What tools/processes do we have at our disposal to prevent things from going wrong. A lot of this is contractual – and we lawyers love to get excited about all the things that can possibly go wrong and try and second guess them. This comes with a health warning however, sometimes the more you try to predict and deal with things going wrong, the more you tie yourself up with dealing with them commercially.
Again, sticking with G4S, the saga that is all over the press right now in the UK.G4S and Serco are alleged to have wrongfully charged the UK government £50m for tagging of prisoners who had either been released, put back in jail, or were dead.Fraud is an offence under UK and European procurement channels which can lead to mandatory debarment if proven. This means no future work for the companies involved with the UK government. There has been a significant drop in share price, and Serco’s European Head’s head is on the block.
When tendering for an outsourcing project, there is often a rush to get to contract.Scope is poorly defined, entire schedules are left to be agreed. Clients take entrenched positions because it is too difficult to negotiate with 13 tenderers. There is not enough time spent working out what the current state is, and often existing suppliers are relied on for information/analysis.Then, during the process itself, the in house team dealing with the project can be forced to negotiate with multiple suppliers at once – leading to poor outcomes, split expertise (because you can’t have the same person in three rooms at once), and generally very tired negotiators.
The roles and responsibilities in your contract are paramount.I can’t tell you the number of times I have seen shoddy pdf documents taken from a generic document written three years ago tacked onto the back of an extremely well drafted front end contract. Customers note – this is where you are at your weakest. You don’t understand how important these documents are. Your lawyers will fight for days over step in rights, but the scope will be so loosely drafted that you will be too afraid to use them.If you get this wrong, anything outside the contract wording will need to be a variation. This means extra cost. This means uncertainty. This means money for jam.There has to be a clear delineation of roles. E.g. what happens if I am providing your catering, but you are providing me with the power for the ovens. You will end up paying me for a day’s work when I don’t have to do anything.I cannot emphasise this point often enough – almost all the time on outsourcing contracts is spent discussing what we will provide – when understanding what you will provide is at least as important.
There needs to be consideration of a life cycle. There’s no point in believing that life will always be rosey. The threat of a retender will keep the supplier trying to improve their performance, more than the threat of a few service credits. So, make sure the entry, performance, and termination of the contract are clear.Mobilisation is absolutely key – where we have had issues in the past, they have usually arisen as a result of delayed mobilisation, and then we spend the rest of the contract trying to catch up to meet milestones. By the time the service levels start failing, and people get exhausted trying to meet them, everyone will have forgotten that it was the failure to get that environmental clearance back in 2010 that meant we were all delayed by 6 months. PLAN PLANPLANYou will find that often the best way to get value from a provider is not through beating them over the head – it is giving us more profit. We live to make you happy if it gets us more profit. This doesn’t mean it has to be at your expense – it could be through a well drafted pain/gain share mechanism with us benefiting from extra efficiencies we deliver over the contract life cycle.And the nasty stuff – termination. All clients want termination for convenience. This is not unreasonble. Nor is it unreasonable for us to at least seek some of the profit we expected over the lifetime of the contract, and our costs incurred for terminating subcontractors, making staff redundant etc. Everything comes at a price, including changing your mind.Generally speaking you will want us around to help out the new provider. We will often charge for these transitional services, and the rate won’t be cheap.
The contract should deal with risk and reward.There are some clients who try and drop all risk on the contractor – even where this makes no sense. Often, for example, contractors are asked to take all historic pension deficit risk from clients for staff who transfer over. Why? We will just price something outlandish, as there is no way that we can estimate what the prospective liability should be. And, nor may this ever materialise.For each risk, the parties should think who is best placed to deal with it, can it be insured, can we lay it off some other way.As noted earlier, pain/gain share mechanisms can be a really powerful way to incentivise contractors.In terms of risk – there is often a debate around who controls claims. If a third party claim comes in from an end user, and I have indemnified you for it, I will not want you settling it without coming to me first. If it’s reputational, do you really want me involved? If so, why are you trying to lay off the risk onto me? There are some risks depending on the contract that need to be dealt with specifically given the circumstances. Consider which indemnities might be relevant for your type of contract, but again, don’t go overboard, because we will price in a contingency based on the perceived risk and how we can manage it.
Every contract needs to have its policing mechanisms.The main mechanism is KPIs. Often clients fall into the trap of setting hundreds of KPIs. However, if you asked them – which are important, they would say “I just want these three.” Well, if they are the most important, make them the subject of the “penalties” under the contract. Nothing will focus our attention more keenly.If you end up trying to measure hundreds of KPIs, there is every chance the real message will get lost in the data. Try and keep reporting simple and focused. Adopt traffic light measuring systems, but keep your eyes on the key KPIs, and make these the subject of your service credit regimes.Service credits are in essence a form of liquidated damages. However, many customers believe they should be entitled to deduct payments, and then be entitled to sue for losses as well. Beware, your service credit regime may be struck out as a penalty, given it clearly no longer is a true pre-agreed estimate of loss.And, what if the loss can’t be valued, or is so important it doesn’t reflect a KPI – get it out of service levels and make it an indemnity. It doesn’t matter how many service credits you have if your supplier has just shut down your entire trading platform due to poor virus protection.Every contract needs to have a good governance structure. This should be a speedy escalation process to the right people.Termination rights will be required for contractor default.Lawyers often get excited about “step in” rights. I have never seen this happen – how would you step in anyway? We have taken over your entire capability. Focus on performance management is my humble view…
Our approach can best be summarised by ….‘You cannot manage what you cannot measure’Bill Hewlett (co-founder of HP) KPIs and SLAs define and underpin our commitments to our customers/clientsMaintaining a data based perspective on performance – vs a subjective and perception based responseSomewhat adding apples and oranges in aggregating individual metrics
For the first time, comparative operational performance indicators across OpCos are visible, causing some interesting Group level discussions and consternation in some quarters … but importantly, it is data-based, open and transparent, and forms a basis for actionThese actions are built into Joint Business Plans, reviewed Quarterly to ensure we’re all on the same page.
Clients often exercised about benchmarkingHowever:it’s expensive and time consumingGenerally, there are very few real comparators on most projectsIf you have built in a proper improvement across the life-cycle of the contract, why do you care? Much easier on simple one off contracts.
There are various other protections that you should put in place during a contract (and keep maintaining)Make sure that insurance is kept up to date (either by you or the contractor as agreed).To the extent that security is relevant make sure you get a parent company guarantee, or alternative third party support. This often has to be renewed across the life of the outsourcing contract.Ask your legal team to do you a contract summary. Often, the fundamental problem is that people don’t know what’s in the contract, and all our hard work is wasted.
Demobilisation of a contract can be expensive, time consuming, and your current supplier is in a great position. They now hold more information than you did about the relevant service and how it’s provided.During this period, staff can become demotivated, and performance levels can slip. We are particularly worried about safety during these periods.During transition periods, you can expect to pay twice, as you will have one contractor learning from the incumbent.
How can you mitigate risk during this period.Consider bonus payments for good performance. Lock down your IP. Make sure you have copies of source code, manuals, records, reports etc.Check whether TUPE will apply – otherwise, all those terrible staff you have just terminated will end up with your new provider, and a huge consultation process.Perhaps you should offer to pay key staff golden handcuffs, to keep them sweet during the transition (or for years afterwards).Look at your confidentiality/non poaching clauses – these may come in handy.Make sure you consider re-branding early . This can be a cost, and you don’t want to end up in a trademark dispute with your old supplier.Finally – consider the vehicle the services are provided by. If you may want to take the service back in house one day, why not set it all up within a corporate entity and include a share buy out option at the end of the period.
And, just in case you think this is a modern phenomenon, back in 240 B.C., a Carthaginian leader decided to hire a bunch of Numidans as mercenaries to fight the Romans. After some losses, the government attempted to demobilise the mercenaries in separate waves, hoping to delay supplier payments.Unfortunately, unsatisfied with being put off, the mercenaries all banded together and seized the capital of Carthage.Fortunately, for Carthage, the Client achieved a change in management, appointing HamilcarBarca as leader, who divided the suppliers, killed their leaders and dispersed them.These remedies are not readily available to today’s business leaders’ however.