Why Aren’t You Realizing the Full Value of Your Sourcing Efforts?

It’s been a well known statistic going back all the way to 2009 that at least 30% (and often 40%) of identified value in a sourcing event is never realized when Mickey North Rizza of AMR Research (acquired by Gartner in 2010 in an acquisition game of the 64,000,000 pyramid) published her classic 3-part series on Reaching Sourcing Excellence with Part 1 titled How to Keep 30 Cents of Every Dollar Spent. The reality is that while many leading organizations adopted strategic sourcing quickly during its first heyday in the mid-2000s, often before Procurement, because of the huge savings opportunities that were identified with good reverse auction platforms (in markets where supply exceeded demand) and good sourcing optimization (regardless of market conditions), as sourcing optimization identified an average savings of 12% consistently (compared to reverse auctions which saw significant drops every time they were applied to the same category), most of these leaders who identified savings of 10% or more never saw half of the identified savings. This is because savings requires more than just identification and a signature on a contract, it requires execution!

Execution that, at a minimum, requires:

  • making sure you order on the contract
  • … on time to receive delivery on time using the preferred shipping method
  • making sure you receive defect-free goods that meet the spec before paying for them
  • making sure the amount you are billed is the amount as per the contract
  • … and that you are not billed for expediting fees or surcharges you DID NOT agree to
  • making sure you pay on time (to avoid penalties)
  • … and only ever pay for any good or service once (using an m-way match)
  • making sure you terminate or renegotiate before an evergreen renewal
  • … and that you have verified the supplier has all the certifications and insurances in place before placing an order or renewing the contract
  • … etc.

It comes back to the concept of the perfect order which must be

  • on time,
  • complete,
  • damage free,
  • correctly documented,
  • correctly billed, and
  • adherent to all contract terms

This is not easy to do unless you

  • have a good procurement system
  • have a (carrier that has a) good WIMS (Warehousing and Inventory Management) system

and, the part that most people miss,

  • have a good contract lifecycle management system that manages the contract execution post signing

And when you look at the majority of contract management systems, they tend to fall into three categories:

  • a glorified e-filing cabinet / document repository where you can store your contracts and search their metadata (and literally no better than what a high school student with Microsoft Access and minimal coding skills could build 20 years ago)
  • a contract creation system that will allow you to quickly draft contracts using:
    • contract templates, from your, or their, legal department, tagged by region and category they can be used for,
    • clause libraries and templates, possibly with multiple version support based on territories and categories, or, today
    • Gen-AI drafting of templates through specification of category, region, requirements, and risks that must be covered as well as e-versions of all previously signed contracts in the category, region, business requirement, or risk categories (which then need to be mildly to moderately edited by a Legal expert)
  • a signatory platform with negotiation support (version control, dynamic redlining, audit trails, etc.)

Which is all fine and dandy, and well implemented can make your Legal team and Sourcing teams considerably more productive during the negotiation process, but does diddly squat when it comes time to actually helping you manage the contract execution. Now, you might think that you can do that in the Supplier Management system, because you’re ultimately managing a supplier, or the Risk Management system, because you’re ultimately managing a risk, and you can, to a point, and specifically the point at which those systems allow you to define contract tasks, but none of these are set up to let you holistically manage a contract — contract 360 if you will. This is especially the situation if you have a master contract with a number of sub-contracts, and those sub-contracts have sub-contracts as well. This will be the case if you are buying off of a contract tied to a GPO master contract, a holding company master contract (if your company is part of a group of companies), or in construction / engineering / shipbuilding industries where your main supplier will need to subcontract to a number of smaller suppliers for custom parts or services and your organization needs to manage that for regulatory or risk reasons.

In other words, the only contract lifecycle management solution that is truly valuable to Procurement is the solution that allows the contract to be managed from post signature to termination, helping the organization ensure all of the obligations are met and rights are received.

Happy National Sourdough Bread Day

It’s pretty clear with the state of the world right now that April Fool’s Day is cancelled as it appears we are all subject to one never-ending year-long prank no matter what country we live in.

So go bake a sourdough and at least you will be able to enjoy something today …

Blacklight.

Living on a lighted screen
Approaches the unreal
For those who do not feel
Who live in a reality beyond the gilded meme

Against that unlikely role
Ill-equipped to act
With insufficient tact
One must put up barriers to keep oneself intact

Living on a lighted screen, the influencer’s dream
Those who wish to be seen
Those who wish to be, they put aside the alienation
Obsessed with the fascination
The false relation, the underlying theme

They live in a fisheye lens
Caught in the camera eye
I have no heart to lie
I can’t pretend a stranger is a long-awaited friend

All the world’s indeed a stage
We are merely players
Performers and portrayers
So why must they lock themselves inside the gilded cage

Living on a lighted screen, the influencer’s dream
Those who wish to be seen
Those who wish to be, they put aside the alienation
Obsessed with the fascination
The false relation, the underlying theme

Living on a lighted screen, the influencer’s dream
Those who wish to be seen
Those who wish to be, they put aside the alienation
Obsessed with the fascination
The false relation, the underlying theme

The false relation
The underlying theme

Dear Influencer, it’s not the limelight. Why the Rush?

You Say You Want Success, But Do You?

This post is inspired by THE REVELATOR‘s inquiry where he asked Do You Really Want a Successful ProcureTech Initiative?

For the vast majority of you, the answer is a clear and resounding “YES” (with the possible exception of those of you who have been treated badly by your employer and want to use your last official act to stick them with an application that will make them as miserable as you are, but as far as I can tell, you are a very small minority — you didn’t get into Procurement expecting it to be easy, or to be a way to make friends).

However, you are only one cog in the ecosystem. Let’s look at the other cogs:

Vendor: as long as you keep renewing the SaaS subscription, the C-Suite at the vendor doesn’t care if they sold you a Ferrari (at a Ferrari price tag) but delivered a 2004 Mazda RX-8 …

Analyst Firm: as long as the big research subscriptions keep rolling in from the big vendors (who always feature at the top / upper right / frontal wave of their maps), the analyst firm doesn’t care if you succeed or not, and will not only happily push the hype the vendors want pushed, but happily blame you for not doing your research and not selecting the appropriate technology when you and your counterparts take their advice en-masse and then contribute to the all-time high project failure rates of 88% (two and a half decades of project failure)

Implementor: not really, because if you don’t swap out the solution at renewal time, where is their future revenue going to come from???

Big X who pushed the platform: Hell No! … they need to sell you projects to find bolt ons, do custom additions, and tweak the process for years as they need to keep their bench empty! (And some of these shops have over 100K junior consultants they have to keep busy. Moreover, they don’t make money training them on AI, they make money deploying them as your external support force. (Remember, many of these shops are effectively the new Manpower, except they have to pay their consultants on the bench, whereas job placement agencies just had to place people to keep their government grants or get their placement fee!)

And since YOU don’t take the time to do your research and figure this out (including the fact that the Big X pushed the worst fit solution from their stable on you to keep their Gold/Platinum/Sycophant status with the solution provider), that’s why YOU keep failing. Even if the salesperson honestly wanted to sell you a win (and many don’t, and the doctor can say that confidently with over 25 years in Enterprise Software and he’s sure THE REVELATOR has some stories to tell here), that’s far from a guarantee that a win will happen.

If you truly want success, YOU have to define your processes, define your problem, find the right vendor, make the vendor contractually responsible for implementation success (whether they do it or use a third party) with delayed payment (where you don’t pay for a module until it is working and passes predefined tests) and early termination clauses, identify the gaps, identify the right niche consultancy (who doesn’t have a stadium of junior consultants) to help you identify add ons and processes to fill them, and define early out clauses in case of non-delivery! You have to do all the work the vendors, analysts, and consultants claim they do for you … because they don’t (or at least don’t do it in your best interest). And while the good ones (which may take you a while to find) will help you, YOU still have to take the lead!

And the doctor knows you don’t always have the time to do it all, which is why he keeps pushing Project Assurance where you hire a niche specialist to help you, one who is not a part of the big COGs that need never-ending projects from you to stay solvent, and only cares about helping you get everything in order for success. (After all, there are so few of these experts it is literally a case of too many companies, too little time. These people or small niche consultancies don’t have to worry about running out of work, and by the time they made it through all the current companies they could handle, it would be time for their initial clients to upgrade to next generation systems anyway — and the only way they’d be available for a future project is to ensure client success with every client they take on.)

As we indicated, in our last two rants, you can no longer afford to be led by the Clueless vendors. It’s time you take your Procurement destiny into your own hands. It’s time for the Revenge of the Nerds!

You Should Embrace Legal Tech … Backed By Lawyers!

Don’t Kill ALL the Lawyers was our plea earlier this year because, sometimes, yes, sometimes, you do need a good lawyer in Procurement — just not as often as you think. No matter how much you think you can do (and you can do more than you think), you will still need them for

  • (final) contract reviews
  • significant clause interpretations
  • identification of statutes, regulations, and legal decisions you may be subject to
  • review financial and legal reports before submission
  • advisory on incident response plans and alternatives

Basically, while LLM powered Legal Tech can do a reasonably good job of

  • assembling a contract based on mandatory clauses, required terms and conditions, templates, and past similar contracts (which you can then touch up to your liking)
  • identifying clause types
  • identifying statutes, regulations, and legal decisions you might be subject to
  • identifying whether or not key sections are present in a report before submission
  • identify potential incident response plans across libraries

As the tech is NOT intelligent, it cannot

  • identify whether a contract meets your goals, only if it contains clauses that you have identified
  • tell you how a clause is likely to be interpreted by a court, as there is always some ambiguity in a clause, and opposing council might be intent on shoving as much ambiguity in there as possible to increase the chance a ruling goes in their client’s favour if something goes wrong
  • identify how likely you are to be subject to a new statute, regulation, or legal decision where it is a matter of interpretation
  • determine if the report is financially accurate or makes sufficient disclosures to satisfy the letter and the spirit of the regulatory requirement
  • determine the potential legal ramifications of a response

that requires an intelligent HUMAN lawyer!

But as we previously indicated, you can do a lot with some intelligence and tech. And you can do even more if you use Legal Tech backed by real lawyers with Human Intelligence (HI!).

For example, if you power your contract creation with a clause library vetted by real lawyers with annotations as to categories, geographies, and regulations the clause is for / satisfies, the contract creation tool can do a better job, leave you less to edit, and allow a faster review.

If you compare a contract to a clause library with comments and annotations on plain English meanings, best practices, and red flags that was developed and annotated by lawyers with Human Intelligence (HI!), you will have instant insight into what you need to negotiate, watch out for, and counter with. You will only need to involve legal for standard clauses if it is really vague or you need a heavy hand.

If your Legal team identifies which statutes, regulations, or recent decisions could affect your organization, how, and when, and tags the geographies, categories, parties, etc. that could be subject, you will instantly have that information when considering an award and then when drafting/reviewing a contract.

So yes, you should embrace Legal Tech to keep your Procurement timelines down (as well as external counsel fees), but only if it is backed and augmented by lawyers with Human Intelligence (HI!).