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July 29, 2010

 

Friday Rant: Is the Contracting Process the Biggest Stealth Inhibitor to Realized Savings?

Earlier in the week, I dodged snowstorms and headed to Philadelphia to meet with ICG Commerce. My visit included a two-hour tour of the facilities, and I also spoke with a number of specialists from sourcing, contracting, supplier management, data acquisition/MIS, continuous improvement, and procurement/sourcing execution teams. My tour started with a quick discussion and interview with two services sourcing specialists in the legal and accounting areas. The category processes they shared from a sourcing standpoint (e.g., benchmarking, direct negotiation, etc.) reminded me of my FreeMarkets days, when we'd apply a similar process and rigor. ICG Commerce is engaged in these processes at the more senior levels, garnering spend from CFOs and general counsel directly, including global audit and matters management (not categories you'd usually expect a company to trust third parties to manage on their behalf). The more interesting stop on the tour, however, came when I met with the leader of ICG Commerce's contracting team.

This team is tasked with creating contracts once sourcing tosses the supplier over the negotiation fence, so to speak. This is when sourcing services firms and outsourcers begin to distinguish themselves; after all, when it comes to implementing a BPO compensation program based on realized savings (vs. identified) as ICG Commerce does, any delays in the contracting phase can impede material cost reduction. At this point in the tour, I gleaned from those around me that contracting used to be a bottleneck in the sourcing and supplier management process. The back-and-forth between the buying organization (who must ultimately sign on the dotted line) and the supplier during the contract negotiation process has the potential to take as long, or even longer, than the sourcing phase of an engagement.

Given its focus on realized savings as a BPO provider, ICG Commerce clearly invested significant sums in revamping process, technology, and senior resources (including legal types) to support this process. This eradicated the bottlenecks and accelerated the contracting lifecycle for its customers. It built its own contract management toolset and workflow process to manage contracts (including compliance) in a multi-company BPO environment, and strove for improvement in the contracting process itself. This minimized the time it takes to solidify a contract with suppliers and actually realize savings. I'll spare the exact details, as ICG Commerce has clearly learned a few things it would rather not get into the hands of competitors. Needless to say, its experience has taught it specific tricks of the trade in facilitating and managing the contracting process as a BPO intermediary between a company's procurement and legal organization and the supply chain.

I'm sure that Tim Cummins and IACCM would agree that the contracting process is one of the most underappreciated areas of sourcing and supplier management. Over the years, I've begun to appreciate and prioritize the contracting process itself, given the fall-off in identified vs. implemented savings that companies often come to observe firsthand. Few organizations invest enough in more tightly integrating the sourcing/procurement and contracting function (not to mention vendor/supplier management) post-contract. The rewards of doing this are significant. Consider a procurement organization that identifies $100 million in annual savings. By cutting a typical contracting cycle in half, from 4-6 weeks to 2-3 weeks, this company could realize an additional $2-4 million in savings, not to mention reducing and better understanding risk and overall contract exposure.

Stay tuned for a rant next Friday about other opportunities to take advantage of the contracting process for additional savings and risk reduction.

- Jason Busch


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Comments
Cynical's Gravatar One of the problems with the contracting process is that it's one of the few places where in-house counsel gets involved. In-house counsel just loves to fashion poison pills of all sorts (and so does the supplier's in-house counsel). That's what can really stretch the timelines.
# Posted By Cynical | 2/26/10 5:14 AM
Mark Severns's Gravatar Businesses are missing the bigger connection between contract process improvements and financial impacts, making it underappreciated. What's lost is the connection between an automated, highly efficient contract process and its effect on revenue and working capital, for example. Technology plays a pivotal role in ensuring that what was negotiated is realized.

One of our customers, Allergan, spoke about the results they saw in automating their contracts process (http://tiny.cc/eyL8G). It's worth a look for anyone interested.

Look forward to hearing more on the topic.

Mark Severns
Emptoris
# Posted By Mark Severns | 2/26/10 6:56 AM
David's Gravatar Jason - can you show your math on the $2-3 Million in savings? I'm not questioning it, just trying to understand how you got there.

Thanks - David
# Posted By David | 2/26/10 8:40 AM
Kevin Potts's Gravatar David - I am not a math wizard, but I will try to explain the formula. Someone in finance, please correct me if I am wrong.

The question is "What is the value of accelerating $100 million dollars of savings by three weeks?" Another way to phrase it is, "How much interest could I earn on $100 million dollars if I had it in an interest bearing bank account for 21 days?"

Assume my bank account (i.e., my company's weighted average cost of capital) is 8% per year compounded daily. (I wish my savings account was). So my effective Annual percentage rate is 8.328% (according to the money-zine compound interest calculator) if I kept it in the bank for a year. But, I only keep it in for 21 days out of 365, so my interest payment on the $100 million is $100,000,000 * (21/365) * 0.08328 = $479,145.20

So, my calculation comes up a little short of $2 million. Perhaps there are other hard dollar savings not apparent to me.

Now, assuming my calculation is correct, but the savings is $250 million, and you can get contract and execute against contract 120 days faster, the incremental savings jumps to almost $7 million. That's not chump change.

Kevin Potts
VP of Product Management
Emptoris
http:\\emptorisinc.blogspot.com
# Posted By Kevin Potts | 2/26/10 9:21 AM
Jason Busch's Gravatar Gents,

I rushed the calculation -- it was a guestimate ... I can try a proper one next week. I think the number might be slightly lower than what I estimated, but you need to factor in order timing, invoicing, etc.

Kevin, thanks for doing the math here.
# Posted By Jason Busch | 2/26/10 2:51 PM
Tim Cummins's Gravatar Jason

Your observations are correct -- but I am pleased to say that we are observing rapid change. Perhaps the impacts of the recession have hastened improved understanding that Procurement and Legal must address the economic impacts of their methods and policies. My interview with Lee Coulter, former SVP at Kraft illustrated this (see http://tcummins.wordpress.com/2010/02/28/contracti...). But perhaps more significantly, IACCM is seeing massive growth in the numbers undertaking training in contract management (we have more than 4,000 at present) and in the companies that are re-engineering their CM process and organization (just last week, we were contacted by 5).

So your rant is correct and timely; but for once, the change does appear to be underway.
# Posted By Tim Cummins | 2/28/10 1:09 PM
Emily Rakowski's Gravatar At SAP we have also seen customer interest in managing the contract lifecycle spike in the past 18 months or so. With more and more customers connecting the legal contract creation to their operational procurement systems, this helps drive compliance to those hard-won prices and discounts.

We had an opportunity to co-present with a utility customer who is doing all aspects of CLM just last week on SIG - take a look if you're a SIG member: www.sourcinginterests.org, login and navigate to webcasts.
# Posted By Emily Rakowski | 2/28/10 8:14 PM
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