Negotiation of contracts with external partners

Negotiation of contracts with external partners

Increasingly, in the present market conditions to remain in good relations with your partner and not to putat risk your long-developed, often personal, relationships, it is appropriate to negotiate and "marketize" conditionsfor cooperation to hire an external company.

IMOP model (Integrated Model of Outsourcing Processes) allows you to consciously to shape consciously relationships with external suppliers and is the basis to negotiate terms and scope of cooperation between the parties while maintaining the interpersonal relationships between the customer and his business partner.

Vendor Relationship Management is a set of processes responsible for the management of relationships  between the supplier and the buyer of products services, etc. This concerns both the situation before and aftersigning a contract. This process is carried out by three steps of lower order:

1. Contract Management

Ensuring that the contract adequately regulates the rights and obligations of the parties.
Main objectives

  • Ensuring that the contract in a professional manner describes the range of services, level of service, remuneration for services, contractual penalties and the principle of liability of the parties, the methods for resolving conflicts / disputes;
  • Ensuring that the contract reflects the reality and the real needs of the client;
  • Making changes to the contract, due to constant evaluation changes;
  • Records of contractual documents (reports, statements, protocols, etc.);
  • Periodic inspection / audit of compliance with various prescriptions of the agreement (by both parties!!!, it is important to ensure that the service buyer observes the service contract prescriptions, even in the absence of objections by the supplier).

2. Know-How Management

Ensuring the freedom to use the intangible assets necessary for the proper functioning of the client. Elimination of the possible risks or differences of interpretation.
Main objectives

  • Ensuring the rights to key elements of the emerging before and during the performance of the contract; Management of copyright for works created during the execution of the contract (for work methods, procedures, processes, algorithms, knowledge base);
  • The records of produced works;
  • Assurance that any new items are constantly transmitted to the buyer by the suppliers and subcontractors;
  • Records of the knowledge gathered under the agreement and providing access to it after its completion;
  • Knowledge base, the base of problems and methods of solving them;
  • Procedures (often formally unwritten, but used in the work of providers, without which services could not be provided);
  • Assurance that persons involved in the execution of a contract have appropriate knowledge and skills, the periodic inspection of this fact (according to the agreement);
  • Crucialmeaning has ensuring the rights of ownership or any rights to use the elements created in the course of the contract and after its completion.
  • It is extremely important to maintain complete control over intangible assets, used licenses and other similar agreements.

3. Market Relevance

Assurance that the terms of the agreement on terms of cooperation, the scope and the related salaries are in line with current and future situation on the open market.