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A Better Way To Manage IT Contract
Contract Management
Contracting Basics
Provision and Management Basics
Contract Management Practices
Developing a Vendor Management Office
Management Best Practices
Final Results

Provision and Management Basics


Once the contract has been signed, the service must be put into operation. The service then must be monitored to ensure the SLA is being met and that other aspects of the vendor-client relationship remain satisfactory to both parties. Service contracts must continue over a period of time, which may include business and technology change. Contract management needs to handle the ongoing processes and relationships.


SLA Management


The SLA sets acceptable levels of service and spells out specific remedies if these levels are not met. The SLA requires ongoing management, which includes:



  • Monitoring.

  • Reporting.

  • Review.

  • Feedback.

  • Adjustment.

These steps are illustrated in Figure 3.


Figure 3. SLA Management



Enlarge Image


Monitoring. Monitoring an SLA requires establishment of metrics and set periods for measurement that may be linked to time periods or to specific events. Monitoring is an ongoing process, and should include advance notification of any potential problems with the service or process. This is most easily accomplished if the metrics are simple and can be easily quantified. In other cases, day-to-day monitoring may be established by looking at related factors such as marketing success, customer complaint numbers, overall sales, or employee retention levels. If peripheral measures are used, it is important that they accurately reflect the attribute that they are intended to measure.


Overall results of the service also need to be periodically measured, particularly in the case where some process improvement or value-added benefit is required. It is easy to become caught up in the measurements themselves, and lose track of the ultimate outsourcing goals.




  • Reporting. A regular reporting structure needs to be established, so that results can be viewed by all who might be affected. The SLA may, after a time, require changes and it is only through accurate reporting that an adequate picture of service levels and service history can be established.

  • Review. Establishing a periodic review with the supplier also helps to ensure that the service remains on track and that the two parties continue to be in agreement as to what is required. Additionally, there must be structures in place to resolve issues as they appear, before penalties are raised or the agreement goes sour.

  • Feedback. Constant feedback is to be encouraged. An SLA is an agreement between two disparate organizations that have inherently different goals. Continuous communication and open feedback channels ensure that potential issues can be spotted before they become problems.

  • Adjustment. The service level agreement is the key to the outsourcing contract because it defines the service to be provided, the level of service that is expected, details of that service, and metrics for measuring success or failure in meeting requirements. Redefining the SLA is generally on the same conditions as redefining the contract.


Managing the Relationship


There are numerous ways in which a service contract arrangement can go wrong. Fundamentally, a service contract creates a complex relationship between two parties that intertwines business processes. This means the relationship needs to be carefully managed to ensure that both parties remain happy with the arrangement. The primary reason for failure is poorly defined expectations, manifested by a lack of defined service objectives and inadequate measurement of service-related activities.


Potential trouble areas include the following:




  • Selection and contracting.
    Lack of an adequate supplier selection and evaluation process. This could include insufficient definition of the scope of services required in the RFP or bidding stage.
    Lack of understanding of the basic structure of the agreement by the service buyer, including attempts to micro-manage or force the supplier to adopt a specific method rather than relying upon the supplier's expertise. The buyer may also lack a complete understanding of the processes being outsourced.
    Cultural differences between the buyer and supplier resulting in a mismatch between the goals and objectives of the two sides.
  • Contract provision and management.
    Inflexibility in the agreement, with insufficient provision for change in technology and/or business.
    Inadequate service-level specifications, inadequate metrics for judging performance, or lack of enforcement of service-level agreements.
    Inadequate management, due to underestimation of time and attention needed to oversee the relationship, or due to a lack of a sufficient management structure. Lack of adequate planning, particularly not developing contingency plans for potential disruptive events during the transition phase.



Problems can arise at any stage up to the point of termination. If not handled correctly, the outsourcing arrangement can become uncomfortable, unprofitable, or inefficient. Most problems result from the issues that impede relationships of any sort: misunderstanding, poor communications, unreasonable expectations, and lack of adequate rules (contract provisions or remedies). In many cases, problems can be corrected if they are caught early enough and given due attention.


Change Management


Conditions seldom remain static, particularly in areas of advancing technology. Business conditions are also constantly shifting. Change that requires adjustment to contracts can occur within the business environment, within the legal environment, due to new business strategies, or as a result of major events such as acquisitions and mergers. Flexibility provisions are needed to provide a response to unanticipated change. Change might also result during the ordinary course of operations. Typical issues include:




  • Technology change flexibility. In long-term contracts, the service provider needs to assume some risk of changes in technology, and plan on the basis of benchmarks (such as Moore's Law), and relationships between price and performance.

  • Change control procedures. Long-term service agreements require change-control procedures, which are carefully implemented and monitored to avoid use of short-term solutions for long-term problems that require systemic approaches.

  • Re-pricing issues. Pricing schedules should incorporate bands of services at varying and foreseeable levels. This facilitates financial planning for both parties.


Both buyer and supplier need to bear in mind their competing interests in negotiating key contract clauses and both should include a viable renegotiation and exit strategy in the contract that represents their respective interests.


Next: Contract Management Practices




 
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