Government & Politics

Love Me Tender: Part 2 – Winning Your Next Tender Response

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Pubic Procurement Winning Tender Response

What a company writes in a tender response can have a real bearing on how successful it is. Its tender response can also create unintended legal liability. Government departments, local authorities and private companies can all purchase goods, services or works through a competitive tender process. In Part 1 I looked at how an organisation can help protect itself […]

Government & Politics

Love Me Tender: Part 1 – Making Your Next Tender Process Work

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Make Tender Process Work

Companies, public authorities and government entities need to have robust processes when procuring work, goods and services through a tender process. The European Comission reports that every year, over 250,000 public authorities in the EU spend around 14% of GDP on the purchase of services, works and goods. Using a competitive tender approach is becoming more prevalent […]

Contract Law

Entire agreement clause pitfalls: supplier beware

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Contract entire agreement clause

An entire agreement clause, including a no-reliance provision, can protect a party where the other parties tries to rely on a pre-contractual statement that it alleges the first party made orally or which is set out in other documents. What is a pre-contractual representation? In IT and telecommunications deals a pre-contractual representation is generally an oral or a written statement that […]

Contract Law

Benchmarking Clauses in Technology Agreements

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Benchmarking clause contract

Exclusivity and best service pricing in outsourcing Outsourcing and managed network services contracts are typically longer term arrangements that run for terms of four to seven years. Often customers agree to an exclusive or part-exclusive relationship with a supplier in order to secure the supplier’s best pricing. In return, the customer is usually ‘locked in’ to […]

Contract Law

Legal issues in offshore outsourcing of services

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There are a number of commercial risks and legal issues with offshore outsourcing that all organisations should be aware of prior to signing an outsourcing contract. What is offshore outsourcing? In an offshore outsourcing model, a company engages a service provider to perform business functions (for example, call centres for a telecommunications company or claims […]

Contract Law

7 Steps To Love Your Next Outsourcing Contract

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Customers enter ICT outsourcing contracts for a number of reasons, including to save money, use the specialist skills and experience of a third party supplier, and/or transfer risk to the supplier. In an outsource, a customer will be generally transferring responsibility for non-core internal business functions to the outsourcing provider. It is therefore important to […]

Contract Law

Service Levels: Part 2 – Drafting Service Levels / SLAs Effectively

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Drafting Service Levels That Work Drafting service levels and service level agreements (SLAs) that are appropriate, and managing the service levels correctly, provides a number of benefits for both parties to a commercial IT contract or outsourcing contract. As discussed in my previous article, service levels provide a customer with a way to measure the success of the delivery of […]

Contract Law

Service Levels: Part 1 – Service Level Credits and Risk Assessment

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service level credits

Service Level Credits and Service Levels – Long Term IT Projects Service levels (SLAs) and service level credits are very important when planning long term IT projects for your business. Service levels are one of a number of issues for parties to a commercial contract to consider, which are distinct from the end product of the […]

Contract Law

Outsourcing Contract Objectives Clause: Targeting Perfection

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Outsourcing contract objectives clause? Have you ever seen an objectives clause like this near the beginning of an outsourcing contract or a master services contract? “The customer’s objectives in respect of this agreement are for the supplier to: (a) achieve optimum value for money for the customer; (b) minimise any ongoing financial liabilities and risk […]

Contract Law

Incentives & Contracts: Part 2 – Marco Polo, KPIs & Bonus Incentive Schemes

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Let me ask you a question: what does Marco Polo and a sophisticated customer of technology services in the 21st century have in common? The answer: they both know that in business, whether it is moving a camel train across the deserts of Asia, or ensuring that a supplier provides a quality IT project on […]