We offer 3 types of contractual evaluation
Process Improvement Project
Following our work in helping you resolve a contractual dispute through either mediation or arbitration we can undertake a root cause analysis from which we identify any weaknesses in processes that may have resulted in a dispute arising. We make recommendations as to how, when and where to address any identified weaknesses. If asked we can manage the implementation of our recommendations as part of a process improvement project.
Data Led Approach
If you have a contractual dispute or are concerned that one may be pending we can review the relevant issues and undertake a data mining process to identify any possible implications. We can then make recommendations on how to improve your organisation’s processes and skills in order to prevent any repetition. We can also then work with you to resolve the dispute using our mediation, adjudication or arbitration services.
Root Cause Prevention
If you want to know whether your organisation’s procurement processes and knowledge are sufficient to minimise the risk of a contractual dispute or you wish to determine whether your organisation or your client/customer might be able to claim breach of contract and seek financial recompense we can review your processes and knowledge bank and where appropriate undertake a data mining procedure to determine the size of any potential penalty. We can then perform a root cause analysis, see if there are any weaknesses in your business and then identify ways to improve your processes and enable your workforce to perform more effectively.
We work to IACCM (International Association of Contract & Commercial Management) contracting principles, apply knowledge from world class MBA programmes and use project management and peer group coaching methods to resolve issues and improve the capability of your procurement/contracting function.
Through discussion with relevant personnel and reviewing current documentation we can determine whether single or multiple processes are being followed and if so to what extent and how effectively they are documented and understood by your workforce. We can review existing contracts to determine the most critical performance and measurement criteria and work with you on processes which will improve the quality of any future contracts that you may enter into.
We can review your organisation’s skills and working methods and make recommendations in respect of the technical skills and organisational knowhow that may be needed improve working practices and profitability.
We can investigate and help to improve the following stages of contracting:
Need Identification and Requirement Specification:
- We will work with you to help define an overall strategy and give you the insights to help you understand what is needed and why.
- We will help your organisation understand and analyse the relevant economic and other considerations including acceptable trade-offs, price, and quality of service
Make or Buy Decisions:
- We will work with you to effectively determine whether any particular product or service is one that is best provided internally or sourced externally – i.e. whether it is a core function. We work with you to determine what is most effective. We also consider what assets and resources are already devoted to a particular issue and whether there are any intellectual property issues to be considered.
- Additionally, we will ascertain the levels of skill and understanding within your organisation. We will consider whether they can be replicated and if this will involve either a skill or personnel transfer or a co-sourcing arrangement.
Sourcing/Selection – The Supplier and Awarding the Contract:
- We will advise or review the business case/specification creation, vendor qualification criteria.
- We help you to develop an understanding of the needs and wishes of all interested parties in order to ensure that any contractual terms are realistic and the contractual criteria are jointly and properly understood – essentially a win:win.
- We can work with you through the contract risk management and vendor assessment/due diligence process.
- We will advise and help you to identify the elements to consider in the creation of the contract especially the measurement and monitoring criteria.
- We will review the skills and knowledge that are in existence in order to start a contract and potentially integrate it into any current projects or different parts of your organisation.
Operating the Contract:
- We review the skills within your organisation to manage the contract effectively, especially stakeholder management to ensure that any issues are resolved in an efficient and timely manner.
End of Contract:
- As the end of the contract approaches we will help you consider the options of renewing the contract, awarding it to another vendor or identifying whether there is any more need for the contract. We will work with you to help you to be best prepared for this.
Why Contractual evaluation?
We believe that it is vital for all organisations to avoid repeating any past mistakes as this will save money, help develop best practice and ensure that your workforce remains motivated and maintains momentum. Using our analysis we can collate examples of any weaknesses that we have identified and suggest strategies that will help ensure that there is no repetition. We will also use our analyses to identify good practice with a view to creating a best practice log. We help you to introduce a ‘reflective lessons learnt’ stage into all your administrative and business processes so that both good and bad practices are identified