Organizational Sustentation 56: Legal

While Legal is often out of sight, out of mind, Legal can be quite the thorn in Procurement’s side, especially when Procurement wants to do something that Legal doesn’t think is a good idea. Chances are Procurement has done its research, and due to extenuating circumstances (a supply line went down, an operational centre was damaged by a natural disaster, etc.) knows that the organization might not have a choice, but that doesn’t mean that Legal is going to agree, or sign off.

But that is only one example of how Legal can be an Organizational Procurement Damnation. As per our original damnation post, Legal is run by the Chief Consul who reports to the CEO, a Chief Counsel who will order his organization to do what he believes the CEO wants done, even if that’s not what anyone else wants. If the CEO says to get standard contracts in place, the Chief Consul is going to order standard contract templates for all direct materials and services. If the CEO is worried about child or slave labour in the supply chain, Legal is going to order each and every supplier vetted, immediately.

And while this insistence on onerous clauses or tunnel vision can be bad, the minute you want to obtain a “Contract” Lifecycle Management solution, a whole new level of damnation emerges. Legal is going to immediately insist that “contracts” are their domain and they need to be the owners of the contract solution. And this is very bad from a Procurement perspective because all Legal typically cares about is contract creation (drafting, authoring, and signing), contract archival, and contract retrieval and their definition of a Contract Management solution is one with strong drafting and authoring capabilities, version control, audit trails, clause repositories, Microsoft Word integration, etc. This is only a very small part of the 3-phase CLM process that starts with a need identification and ends with a proper post-mortem, and a process that depends heavily on a successful sourcing exercise (to identify the right buy) and a successful supplier management process (to insure the right products and services are obtained at the right price at the right time at the right location in sufficient quantity and of sufficient quality). While a good contract is critical, as it must accurately capture everything leading up to the creation and spell out what will happen after signing, it is a very small part of the process and the best contract in the world is useless if you can’t execute. Plus, Legal can continue to use whatever they use now to create contracts, so it’s not like lack of a strong contract authoring solution is holding them back.

So what can you do to prevent Legal from being a thorn in your side?

1. Consult them early in a strategic project or one with urgent timelines.

Let them know what is being sourced, why, what the critical requirements are, and when the contract will be needed by. Ask them for their major concerns, standard organizational requirements, and any issues they will be looking out for. Some of the requirements Legal says it will insist on might be ridiculous and might require some internal negotiation, but the last thing you want to be is blindsided during what you believe will be a cursory review and signature from Legal. Get ahead of any issues and everything will go smoother.

2. Meet with them on at least an annual, if not quarterly, basis to identify operational or emerging concerns that they would like Procurement to be on top of, and get on top of them.

If they are worried about child and slave labour, potential payments to terrorist organizations, poor environmental reputation in the supply base, Procurement can present a solution (such as a CSR monitoring platform) and get them to help Procurement get the funding it needs to monitor such issues (and reduce operational risk). Which recommendation is going to carry more weight with the C-Suite when money is involved — the CPO’s, or the Chief Counsul’s?

3. Regardless of what the vendor calls it, you want a “Sourcing Execution Lifecycle Management with Strong Contract Support” solution.

Legal will still stick their nose in, especially since they will have to use the contract module, and try to sway you towards a solution of their choice, but a properly framed request will increase Procurement’s chance of obtaining the right solution. Make it clear that Procurement needs a solution to manage the Source to Pay lifecycle effectively, to ensure that it not only negotiates good deals but realizes them, and that Procurement would like that solution to revolve around the contract. Indicate that you have identified a few vendors with the key capabilities required for Procurement to identify, negotiate, and capture great deals, each of which appears to have a strong contract module, and ask Legal what they are looking for, indicating that their requirements will be included in the evaluation of the contract module and will influence the overall weighting, designed to bring the best value to the organizational overall. Also, if each affected organization is allowed to have one stakeholder representative review the components that affect them, and those reviews are averaged with Procurements, Procurement will have an easier time getting buy-in, as it will be able to say “if all things are equal, we will get the system with the contracts module better suited to Legal”. When the need, rationale for, and expected benefits of a solution are clearly communicated, it will be easier for all parties to work together, Procurement and Legal included.

Consumer Sustentation 74: Demand Planning

Demand Planning is a damnation. Why? As per our original damnation post,

  • traditional demand planning models require historical data
  • traditional demand planning models require market predictability
  • traditional demand planning models require market foresight
  • traditional demand planning requires knowledge of the expected price point

And how often in today’s constantly changing consumer marketplace, with new product releases coming faster and faster (to the point where your phone, laptop, and music device is out-of-date by a whole new release within a year), do you have good historical data, market predictability, and foresight? And how often can you be confident in the price-point, as a skunk-works product release by a competitor between sourcing and sale can force a price reduction to prevent inventory sitting on the shelves indefinitely.

So what can you do? (Besides burying your head in the sand like an ostrich?)

1. Get as much market data as you can.

Collect as much data as you can on your competitors imports, sales, and revenue using publicly accessible import data, analyst data, and company annual reports. It won’t be accurate, but with enough data you can often identify better trends than you could on the most similar product in your own inventory (which might not be similar, or recent, enough to be sufficiently relevant).

2. Have third parties conduct surveys on your behalf.

Sometimes the best way to gauge a market forecast is to actually conduct customer surveys and have a third party use the data to estimate demand for you. If you have no clue, the best thing you can do is admit it and get an expert to help you come up with a realistic demand forecast range.

3. Don’t focus a number, focus on a range and a potential rate of ramp-up or ramp-down.

If you know the demand is expected to be in the 100K to 200K units a month range, and the demand could double overnight, then you know that you need to contract for the low-end, but with a supplier that could ramp up to double production in a matter of weeks if necessary. And you have to negotiate a contract that allows orders to escalate, with pre-defined increases if the supplier is forced to work overtime (so you don’t get any billing surprises or animosity down the road).

4. Keep on top of sales data in real-time.

Be sure to get at least weekly PoS updates, and re-run the projections on a regular basis to detect an upswing or downswing early, so that you don’t get caught with your pants down, or, even worse, your pants off.

If you follow these tips, then you can get a reasonable grip on demand planning while your competitors flounder with the flounders.

Technology Sustentation 78: e-Privacy

Hot on the tails of data loss, comes the issue of e-Privacy. Privacy is a good thing, and e-Privacy is a better thing, but that doesn’t mean it’s not an eternal damnation to Procurement. Why?

As per our post on the technological damnation of data loss,

  • customers are always demanding more privacy rights,
  • oversight requirements are increasing as regulatory acts are multiplying, and
  • the technological sophistication required to achieve an acceptable level of security and privacy safeguards is now through the roof.

Add this to the customer fear combined with a lack of the technological understanding of the underlying security requirements to achieve e-Privacy, and it’s a very difficult damnation for Procurement to tackle. But that does not mean that e-Privacy is not capable of being tackled. Where do you start? First of all, prevent against data loss using the techniques in that post. Namely:

1. Identify the subset of data that needs to remain private.

Name, government identification number, medical record, etc.

2. Identify the systems necessary to process that data.

HR, Payroll, etc. Make sure the systems are secure, encrypt all the sensitive data stored in the application or the databases they access, and only decrypt the data for the properly authorized individuals.

3. Make sure all access to private data is logged and auditable.

And, most importantly, backed up in secure off-site backups.

4. Make sure that only the private data that is truly necessary is maintained in application systems.

Maybe you needed to do a full drug check, credit check, etc. on a potential employee as part of the hiring process, but besides “drug free” and “acceptable credit score”, does that data need to be maintained? No. Similarly, only a health practitioner needs full medical records.

5. Be sure to inform consumers of the measures you will take to protect their data.

A little education goes a long way.

LOLCat is Anxiously Awaiting Your Garden

While LOLCat appreciates the indoor lawn, now that spring has been with us for a month, LOLCat really wants to enjoy the outdoor garden again.

Also, LOLCat would like to remind you that some of the most famous people in history, ever since Nebuchadnezzar II commissioned the Hanging Gardens of Babylon, have commissioned famous gardens (including Thomas Jefferson, 19th American President), some of the most brilliant scientists have been gardeners (including Ralph Gardener, a famous research chemist), and many of your most beloved celebrities (including Oprah) are avid gardeners. It is said that the founding fathers love of gardening shaped their vision for America, and the British have always been enthralled by gardens (just count the number of famous public and private gardens in the greater London area alone).

Not only does gardening bring a number of expected, and unexpected (mental) health benefits, but it gives you a strong appreciation of the work that goes into raw material (food) production and, in turn, a greater appreciation for the complexity of the supply chain you manage a portion of on a daily basis. Remember, LOLCats are always smarter then they look. 🙂

Boost Your Procurement Value Engine

As per our last post on the subject, Procurement does not exist to buy stuff (which was its origins, but thanks to the Internet, everyone can buy stuff), but to provide value to the organization. But the identification of organizational value is not always straight-forward. Every organization is different, and every Procurement function has a different level of organizational maturity. As per the classic Hackett Hierarchy of Supply, a supply organization could still be at the level of supply assurance, could have moved on to analyzing landed cost, may have begun its entry into the modern era with an analysis of TCO, might be poised to become a leader with a foray into demand management, or, and this is the highest level of maturity, may be focussed on the art of value management.

But delivering value first requires understanding what value is to the organization (and how Procurement can contribute to it) and then requires getting a mechanism in place to repeatedly deliver that value at regular intervals. There are various mechanisms that can be considered, but regardless of the mechanism you choose (and whether it is process-based, platform-based, or a hybrid approach), it needs to be powered by an engine. And in particular, that engine, which needs to keep on churning out value like a real engine keeps churning out power, needs to be efficient and effective.

One has to keep the productivity plateau in mind. An organization that only focusses on efficiency will, at best, fail slowly. Similarly, an organization that only focusses on effectiveness will, at best, survive. But what an organization really wants to do is excel, and that requires the right intersection of efficiency and effectiveness. In particular, the organization has to focus on effective goals, implement them as efficiently as possible, and then use the savings to take on even more effective goals.

So how does a Procurement department improve its productivity? Generally speaking, the Procurement organization increases its value (for money, VfM), and the basic formula for that is simple:


Value Increase = Reduce Input + Increase Output + Reduce Energy
 

while focussing on categories important to the business

And how can it do that? In a category-agnostic way, it can:

  • reduce demand
  • increase Spend Under Management (SUM)
  • decrease contract costs
  • increase contract compliance
  • decrease storage and utilization costs
  • reduce risk

And how can it do this efficiently? In a general way, it can:

  • implement systems to improve cycle times
  • implement processes to reduce maverick spend
  • manage market dynamics better

And how can it translate the general to the specific? That’s a harder question to answer, but one that is addressed in considerably more detail in a new white paper co-authored by the doctor and the procurement dynamo, sponsored by Pool4Tool, on how to Boost Your Procurement Value Engine. Part I of a II-part series (with Part II coming out in Q3), this paper will give you the insights you need to understand the various levers you have to deliver true value and how you can do so in an efficient, effective, and sustainable manner.