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In a speech on economic development in January this year, UK Prime Minister David Cameron addressed the need to develop businesses in sectors that will be key to the UK’s economic future. The government’s plans to foster development include direct changes to government procurement practices to foster contract awards to innovators.

The Prime Minister acknowledged a tendency for government agencies to take the safe path, passing over well qualified smaller companies in favour of the big service providers. For years it was said “Nobody gets fired for buying IBM”. In government circles it seems the same could be said for entrenched service providers like Accenture and Capita (see Cameron’s speech on Government Procurement from February this year).

Now, all government departments are being urged to consider smaller, regional suppliers of goods and services. The Government’s goal is to award 25% of contracts to small and medium enterprises (SMEs). This echoes Cameron’s pre-election opinion that public procurement needs to move towards “a culture that’s a little bit more experimental and is prepared to take a bit of a leap sometimes with a small organization.” This includes ensuring that businesses that are “inventive and doing exciting things” win contracts to supply services to government, rather than simply awarding work to “the big players.”

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After more than 20 years of modern outsourcing, articles and studies still proclaim a failure rate ranging from 25 – 50%. Skeptical? Just talk to a sampling of those who have reasonable experience at managing an IT outsourcing relationship, or just do a little online searching.

It’s no secret that managing an outsourcing relationship is not easy. Unfortunately, for a number of reasons, the industry has latched onto the nebulous concept of governance as the means to do it. Do a little more searching and you’ll find a plethora of opinion regarding its meaning and applicability – reminiscent of the Saturday Night Live skit where a new product named Shimmer was both a floor wax and a dessert topping.

While there are no silver bullets, we believe there are some fundamentals that can be put in place to help avoid outsourcing failure: it begins with how the relationship was initially formed (way back when the sourcing strategy and RFP were developed), how the customer set up its retained operation, and, obviously, how the relationship is actually being managed.

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Conventional wisdom among technology and outsourcing practitioners is that neither side would willingly litigate an enterprise technology or outsourcing agreement. Each party has too much to lose from the public airing of a failing relationship. If that is true, why are we seeing more media stories of disputes around large-scale technology failures such as the litigation around the outsourcing of the Indiana welfare system. Within the legal profession, is the focus shifting from deal making to dispute resolution?

The market for large technology and outsourcing services is changing in five important ways:

1) Companies are becoming ever more dependent on more advanced and integrated technologies. Implementing them is inherently more complex and therefore risky.

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The implementation of any sourcing relationship occurs over three stages that Pillsbury has historically referred to as T3: Transfer, Transition and Transformation. Transfer is comprised of those activities, like the movement of people, sale of assets or assignment of licenses, that need to occur at the start of any third-party sourcing relationship so that the supplier has the necessary factors of production (resources) required for it to perform its scope of service. Transition are those initial steps taken by a supplier to begin providing the services and might include activities like moving data centers, installing its tooling and implementing a service level and reporting regime. Transformation are those follow-on activities that reflect value-added changes (either known or unknown) that the customer expects a supplier to implement and deploy in order to deliver key parts of the value proposition identified by the supplier as one of the reasons for the customer to enter into the sourcing relationship.

What Pillsbury has referred to as the transformation stage is what people are now calling innovation. To properly contract for such innovation (transformation) it is important to recognize that there are two fundamental types.

  • Narrow. This is innovation within a given process that is assigned to a supplier. Take the process of service desk as an example. The innovation to be reasonably expected would be for the supplier to continuously improve its ability to perform the process. In doing so it could: reengineer the service desk procedures to improve throughput and increase quality; implement new applications to automate/standardize the handling of certain functions; increase the quality of the resources performing the functions via training, recruiting and reward; and relocate where the function is performed to reduce the cost of labor or facilities. While this type of activity might be labeled dynamic (rather than static), it often represents a continuation of the change that the customer may have been implementing year-over-year as part of its normal evolution of the service desk process.
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