Showing posts with label Contract. Show all posts
Showing posts with label Contract. Show all posts

Contract Resources | WORKFORCE OPTIONS



Carefully review the use of contract resources in your environment as in some cases the cost of contractors is higher than the cost of a salaried employee. However, in some cases temporary labor costs less than employees do. There are obvious benefits to using contractors, such as fewer employment liabilities and costs and a more variable cost structure. To determine if you should use contract resources, look at the role. Assess the relative costs of contracting out the work versus retaining full-time, in-house staff. If it is a permanent role and long-term need, do not pay the premium for a contractor and hire an employee. If the need is temporary or part-time, contract resources are more cost-effective. Reduce costs by reviewing your use of contractors and make adjustments as necessary. If it is more cost-effective, reduce your reliance on contract resources. In light of cost reduction needs, consider reducing contracting hours.
Top Tip 1: Staff augmentation

"We do not use the really large, high-cost consulting companies. We bring in staff augmentation to do certain things for a short duration, use small boutique firms, and our own staff. We are very selective about outsourcing as we must prove it is more cost effective than doing it internally."
—Beth Nordin
CHS Inc.

Renegotiate contract agreements and labor rates. Ask for vendors supplying your contract labor for assistance in meeting cost reduction goals. Evaluate if you can get by with less experienced and less expensive resources for some needs. Consider negotiating single source agreements if you can get a lower rate while still guaranteeing the quality of resources. If contract labor is out-of-town and is charging travel and expenses, consider locating a more cost-effective local resource.
Top Tip 2: Master services agreements

"We have changed our hiring practices by using master service agreements with local firms. This allows us to quickly flex up and down as the business needs change. We rely on the partners to supply highly specialized and experienced people. We emphasize local to reduce travel costs."
—Anonymous CIO

Carefully manage the use of contractors and consultants with the following tactics:
  • Have a specific, defined need. It can be common for managers to know they need additional help on a project and send a request out for it. That request for help many times contains few details; for example, it may state, "need Java developers." Ambiguous and general requests will create many questions or produce a large number of unqualified candidates.
  • Work with a few partner organizations for contract resources. Get to know the companies that supply your contractors and let them get to know you. The way vendors get to know their clients is usually an indication of how they will work with you. If they see no need to meet and understand your organization, then it is likely they will see no need to truly understand your project, which means they may send you unqualified candidates. If you are working with good vendors, they will have qualified the candidates in the areas of skills, communication, organizational fit, and role match. This should help in minimizing the amount of time that you would spend reviewing and interviewing candidates.
  • Consider using a contracting consolidator or broker. While there is an overhead charge, the consolidated contracting company knows every position available and obtains competitive bids to offer the best rates.
  • Have clear roles and responsibilities. Many organizations will want to bring on only very experienced consultants to their project. This can create problems in that everyone wants to be the leader and very few want to be the workers. Knowing the roles that need to be filled and setting expectations ahead of time can help resolve this confusion.
  • Manage and ensure that contractors meet the objectives.
  • Terminate contract resources when the defined need is complete.
    Top Tip 3: Consultants bench rate

    "We get better rates on consultants by purchasing a block of time rather than standard hourly rate. We also get a reduced rate by being flexible in timing and getting a bench rate when consultants are between projects."
    —Haseen Alam
    Johnson Brothers Liquor Company


  • Make sure you have an appropriate amount of work to keep the consultant fully utilized. This will require on-going interaction with the consultants to understand their workload. Many times the work expands to fill the contractor's time. Periodically ensure the contractor and work are still necessary and that the work has not expanded inappropriately. If you know that the workload will be light for a period, discuss this with the consultant and his or her company so you only pay for the time needed. An underutilized person will likely create issues down the road affecting others’ productivity levels, or they may become bored and quit.
  • Manage consultant travel costs which can be significant for out-of-town consultants. Have them use your travel agency, stay in discounted hotels, and place caps on meal expenses.

Less Expensive Labor

Consider hiring less expensive labor. The following are some methods that companies have used to reduce labor costs:
  • Use interns for entry-level positions.
  • Hire new graduates instead of experienced resources.
  • Explore part-time resources if you can address the needs with less than full-time work.
  • Consider retired workers, particularly for older technologies because their cost is less.
  • Think about hiring IT resources from the business and then training them in IT. Their business skills can be extremely valuable and it can cost less than hiring people with expensive IT skills.
  • Consider hiring independent consultants rather than a large firm of consultants.
Top Tip 4: Independent contractors

"Rather than using companies for temporary consulting resources, consider creating your own temp service with HR. By hiring independent contractors, consulting costs can be cut significantly."
—Peter Bellavance
Tastefully Simple

Top Tip 5: People are critical

"Whether you are doing work on-shore or off-shore, people are critical. You don't get work done with countries or companies, but with people. Getting the right people on staff is critical, you can't just throw things over the wall and expect to be successful. You need to use the same strategy for an engaged off-shore employee as you would in the U.S."
—Mike Degeneffe
Ceridian

The Telecom Procurement/Contract Review

The following are guidelines and concepts that will likely provide many benefits if they are included in contracts. This is not an all-inclusive list of contract terms and conditions to review but serves as a sampler of some important contract elements:

  • Tiered pricing. As the volume of purchases goes up, the discount applied off tariff should be greater. For example, domestic long-distance minutes might be 40 percent off tariff for the first 15 million minutes, 44 percent off for the next five million, and 46 percent off the next ten million minutes. Volume should always drive price.

  • Most favored customer clause. The customer should get the lowest rates available to any of the vendor's customers of like volume and circumstances. If Billy Bob has 20 million minutes a year and gets 5.5 cents per minute on 800 service terminated to a dedicated location, then Mary Jane should get the same price, as long as she has the same volume of minutes and terminates in the same way (not switched).

  • Technology upgrade. If the customer elects to use a newer technology, provided by the same carrier, to carry its traffic or perform other functions, then there should not be a penalty for converting to the newer technology. For example, assume that a business is using T1s to carry voice traffic and then elects to use a new technology provided by the same carrier to carry the traffic (e.g., VoIP). In such situations, penalties for drops below minimum requirements should be waived.

  • Renegotiation. There should be at least an 18-month annual renegotiation for a long-duration contract. The parties should negotiate in good faith to ensure that pricing is "competitive" in the marketplace. Many contracts specify 12 months and some firms, for example, have the right to renegotiate every six months.

  • Business downturn. If a division or business unit is sold or discontinued, the minimum annual commitments should be reduced by a pro-rata amount.

  • Poison pill. Avoid a "poison pill" of zero discounts at some very high level of minutes that the vendor assures the buyer will never be reached. The purpose of the poison pill is to ensure that resellers do not grab the contract and resell the discounted minutes at a higher rate. In one situation, a firm's usage exceeded its wildest expectations and got hit with high incremental prices. It helps the carrier but does nothing for the customer.

  • Exclusive contract. While it might be an advantage for the customer to use only one vendor, it is rarely advantageous to contractually specify that one firm is the sole provider. In fact, in a large organization, it is virtually impossible to police the network and ensure that a "renegade" department manager or field operator does not cut a deal with the local telco.

  • Special requests. If the customer wants network maps, escalation procedures, vendor personnel on site, or other special requirements, putting those requests in the contract is the best approach.

  • Discount-usage match. The value of the contract depends largely on how well the discounts on particular services match the actual usage. For example, 12 cents a minute to London from Denver is of little value if the company does only a couple of hundred minutes a month to that location. Categories include interstate, intrastate (varies by state), inbound, outbound, 800, calling card, domestic, international, Frame Relay, T1, T3, OC3, E1, etc.

  • Installation waivers. Carrier installation costs should be waived for T1 and T3 installs (they may require the circuit to be in place for a year)

  • Penalties. Carriers should always agree to a pro-rata refund if a leased line is down. Additional penalties can also be negotiated as part of a service level agreement.

  • Minimum annual charges. The customer should be reasonably certain that minimums will be reached to avoid penalties. Negotiate for lower minimums. Consider the possibility that dedicated circuits may be economically justified; if X number of minutes to a specific location (e.g., Paris, France) are committed in the contract, the loss of those minutes could result in a penalty.

  • Sub-minimums. Avoid excessive sub-minimums — some carriers require a specific quantity of 800-number minutes, switched minutes, Frame Relay circuit dollars, etc. The customer can get locked into a confusing hodge-podge of minimum commitments that must be monitored. Ideally, there should only be a few minimums or one large-dollar minimum (large-volume minimum).

  • Audio conferencing. Consider carefully the IXC's audio conferencing service. If it is on par with other external firms, then it may be beneficial to add those minutes into the contract. However, if a large volume of minutes is used, the client may want to consider using in-house audio conferencing where the incremental "meet me" bridge cost is zero (of course, the up-front equipment investment as well as administration time must also be considered).

  • Ramp-up period. If a customer has multiple carriers that are being consolidated into a single carrier (usually the most economical alternative), the contract should specify a reasonable "ramp-up" period. During this time, the customer can convert existing agreements to the new contract and identify all relevant locations (more difficult than it appears). Pricing during the ramp-up period should be no different than when all volume commitments have been met.

  • Preparation for contract negotiations. The more information on volumes (particularly international locations), the better the deal a carrier can offer (if they feel the competitive pressure). Volumes (minutes) should be available as follows:

    • Interstate

    • Intrastate (by state)

    • International (by country)

    • Switched, dedicated, and "mixed" traffic

    • Audio conferencing

    • Inbound

    • Outbound

    • Toll-free volumes (domestic and international)

    • Directory assistance

    • Cellular long-distance

    • Video

    • Calling card (also by categories)

    • Data circuits: T1, T3, OC3, Frame Relay, ATM, etc.

  • Ancillary services. These services should be defined and agreed upon. For example: Who issues the calling cards? How do calling cards get billed back to the individual business units/employees? Who deals with urgent matters (e.g., it appears that a card has been stolen — who authorizes cancellation of the card and issues a new card)? Who works out the procedures to cancel cards when employees terminate?

  • Toll fraud monitoring. Does the carrier monitor for toll fraud? Is there a list of key employees at every relevant location that can make a decision on what facilities to keep open or shut down if toll fraud is occurring?

  • Toll fraud insurance. The carrier should provide toll fraud insurance. Deductibles should not be excessive (e.g., not more than $15K to $20K per incident). Review the terms to ensure that the organization can comply and not have a false sense of security. For example, most toll fraud insurance terms require that DISA be disabled.

  • Combined services. If the carrier offers both IXC and LEC services, there should be a significant reduction in pricing for those locations that elect to combine both services.

  • Service provisioning. The carrier should maintain detailed electronic records of all orders (circuits, bandwidth required, locations, owner, characteristics of the circuit, etc.). Many are now offering browser-based packages that the customer can use to monitor the progress of the installation. The customer should receive regular status reports. No circuits should be implemented or disconnected without going through appropriate customer notification (change control).

  • Network optimization. The carrier should commit to a periodic (quarterly; semiannual or at least annual) optimization review. For example, are there two T1s that are going from HQ to the same city but owned by different business units? Could they share the T1? Are there switched locations that can be converted to dedicated locations (this is critical and should be an ongoing review process)?

  • Reporting. The carrier should provide extensive monthly reports showing volumes, commitment compliance, trends, and any management issues.

  • Calling cards. Plans should be examined for options such as an 800 number to get into the carrier's network. With this feature, setup costs should be significantly reduced. A better option (if the carrier's billing system can do it) is to have the customer employee dial 0+ and have the carrier's network recognize that it is a card on "XYZ's" corporate plan and automatically provide the lower setup fee.

  • Billing details. Is billing in six-second increments? Is there a minimum of 18 seconds? Does the firm have applications (modems) that have minimal duration calls?

  • Options. What financial options are available? Are there up-front credits? Is there a bonus when certain volumes are reached?

  • Exception reports. Will the carrier run regular exception reports such as longest calls (maybe modems got "stuck")? Calls by area code or city? By type of traffic?

  • Carrier international relationships. What international relationships does the carrier have? Does the carrier have any global plans for specific international cities?

  • Billing details. What are the nitty-gritty billing rules? For example, if a fax machine tries multiple times to reach a location (most relevant for international faxes), does the carrier bill for repeated tries or only for actual minutes after connection?

  • Single points of contact. Will the carrier identify an individual to be the customer contact point for troubleshooting?

  • Rollover terms. What are the rollover terms? Does the contract stop on the termination date or roll over if no notification within 90 days?

  • Mobile phone negotiations. Will the cellular provider PICC all long-distance calls to the organization's carrier? What are the time of day/weekend terms? What are the roaming conditions? Is there an on-site service rep? Can executives get premium support? Does equipment always have to be ordered from an out-of-town location, or is there a store on hand for emergencies/executive needs? Does the cellular provider have GSM phones? Are the GSM phones linked to the employee's account? How is billing done — individual statement or mass bill? How are defaults handled (employees who leave the firm or make phone calls they cannot pay for — yet the company has "guaranteed" payment of the bill to get the lowest rates)?

Contract : Termination and penalties

A customer can terminate a telecom contract in one of two ways: without liability or with liability. Most contracts are terminated without liability.

Termination without liability


There are three ways to terminate a contract without liability.

Fulfilling the volume commitment early

At times, customers can switch carriers before their term commitment is up if they have fulfilled their volume commitment. Some customers in this situation have left a token phone line with the old carrier so they can still fulfill the term commitment. A customer who signs a 12-month, $120,000 contract with AT&T may be able to switch to Sprint in the eighth month if it has already paid more than $120,000 to AT&T.

The carrier’s failure
Sometimes carriers fail to provide the contracted services. For example, a business whose dedicated private lines experience repeated down time may be able to cancel a carrier contract, especially if the contract contains a quality assurance clause. Customers who experience repeated billing errors may also be able to get out of a contract. Contracts never specify that the carrier is required to provide an accurate phone bill, but if a customer experiences many months of fouled-up phone bills, the carrier might let the customer out of the contract.

Out with the old
The simplest way to get out of a telecom contract is to replace it with a new contract. Of course, this can only be done with the same carrier and is normally only done toward the end of the existing term. But telecom contracts can be renegotiated at any time as long as the customer has leverage. A customer who is ordering additional services and is therefore increasing his volume is a prime candidate for renegotiating his contract. The following contract excerpt illustrates how an old contract can be replaced by a newer one:

Customers may discontinue their Simply Better Pricing Option Term Plan prior to the expiration of its term without liability if they concurrently replace service under the plan with a newly subscribed AT&T plan that has a specified revenue commitment equal to or greater than the remaining revenue commitment under the plan being discontinued (AT&T Business Service Simply Better Pricing Option Term Plan Agreement).


AT&T is essentially telling the customer, “We’ll give you a new contract, as long as we get more money or time out of you.” If the customer gets better rates, it is a win-win situation. Before renegotiating, the carrier will consider the contract value of the customer. Contract value is a way carriers look at a customer’s current contract and determine the financial value of that customer.

Termination with liability


The AT&T Simply Better Pricing Option Term Plan contract explains how a termination with liability is handled:

Customers who terminate their Simply Better Pricing Option Term Plan prior to the expiration of the selected term period will be billed a termination charge equal to the monthly revenue commitment multiplied by the number of months remaining in the term period (AT&T Business Service Simply Better Pricing Option Term Plan Agreement).


Here, AT&T tells customers they can cancel the contract, but it’s going to cost them. The customer must pay AT&T the remaining amount of the volume commitment, which happens to be the same amount of money AT&T would have earned from this customer anyway. If, however, the volume commitment is expressed in gross dollars, the customer pays more in a shortfall situation, because the shortfall amount is usually not discounted

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