New Relationship – Fit for Purpose Contract Negotiation and Drafting
What we deliver
Contract terms that drive ‘enabling behaviours’. Written contract terms developed through a process of assured collaboration with your supplier. Each achieves its objectives by the contract terms driving ‘enabling behaviour’ between you.
How you will benefit
Reduced adversity in negotiation; collaboration is the outcome. This structured approach to negotiation is ‘interest based’. In this way, the supplier is both encouraged and contractually accountable to provide a fit for purpose service and/or solution, within your constraints.
Contract for the supplier’s advice, separately. This process contracts the supplier for its advice, separately, to the solution it intends to provide. This process of their due diligence, means the supplier gets a much deeper understanding of what business outcomes you are really trying to achieve much earlier in the procurement process. You then have much less resistance from the supplier to remain contractually accountable for fitness for purpose and avoids arguments over your expectations.
Key contents of the Contract Negotiation & Drafting process
Understanding of outcomes to be achieved
That from the supplier undertaking detailed diligence of your expectations, its legal team understand how its risks will be reduced through fit for purpose solution delivery.
Genuine collaborative working
We help to support collaborative workshops across both your own and the supplier legal teams. This facilitation helps everyone to understand how commercial risks will reduce.
Contract terms aligned to business outcomes
The contract terms are reverse engineered from the business outcomes required. These drive collaborative behaviour aligned to each party’s objectives.
By involving each legal team in clarifying the client business outcomes, and in turn, drafting terms that support those outcomes, significantly reduces both adversity and time scales.
Real ‘agile’ contract terms
We build in 6 monthly ‘re-shaping’ into the governance process. This means the contract terms are updated every 6 months to stay aligned to your business objectives for the solution.
‘Simplified’ contracts that are ‘Plain English’
By definition, complex services usually have complex contracts. Our understanding of both operational and contractual complexities means we simplify this.
Exemplar contract templates
Having dealt with over 500 complex solution relationships, we have exemplar templates that drive great behaviours between both client and supplier.
Roles and responsibilities
‘Expert Suppliers’ have specialist ‘Expert Responsibilities’. Our contract terms drafting and negotiation process assures that the supplier retains the right responsibilities to protect you.
Fit for purpose contract terms
The contract terms are negotiated such that the supplier is accountable to provide a service and/or solution that is fit for its intended purpose.
Value for money
As part of the negotiation, the drafting of each contract includes the BPG ROI governance process to independently assure the services provided by the supplier provide VFM.
Exit and Transition to new solutions
Our experience of over 500 complex relationships, means that we draft the contract with the ‘end in mind’. Certainty over exit and transition charges is assured.
Relationship management governance
The contract drafting includes specific relationship management governance for both encouraging great behaviour and accountability for poor behaviour.
Contract Negotiation and Drafting is only one element of the BPG ‘Optimise’ method
Evidenced by over 500 complex relationships, it can be implemented quickly to improve service innovation and drive down BAU costs
Share Great Practice
Experience of over 500 complex supplier relationships, means we can share great practice with you that really works.
Drive maximum value
Contract Negotiation and Drafting support the 10 characteristics that drive maximum value in complex supplier relationships.
A brilliant project outcome
This is part of the ‘Optimise’ process; a proven method assuring a brilliant project outcome and an excellent supplier relationship.
5 steps to a great new relationship
See the 5 steps to making sure new complex supplier relationships work really well.
Clients that we support
Most of our clients are already highly experienced in complex supplier relationships. Click here to see how we help them take complex supplier relationships to the next level.