Complex outsourcing deals. An objective-led approach to focus on what really matters. Our support helps define key commercial and strategic goals and put them at the heart of the sourcing process. Fine-tune your strategy, close deals faster and develop truly collaborative relationships with your customers and suppliers.
Whether your deal involves traditional outsourcing, where people and assets are transferred, offshoring, shared services, building an offshore captive, second or third generation outsourcing or taking services back in-house, Radiant Law’s team has the relevant expertise, experience and processes to assist you.
We have extensive experience in all aspects of IT outsourcing including cloud, infrastructure, networks and application development and maintenance outsourcing. We have also advised on many business process outsourcing transactions, including HR, knowledge processing, finance and administration and facilities outsourcing. We can also assist you with complex systems implementations, hardware and software procurement and IT service agreements. Many of the deals that we support involve global roll-outs.
Acting for customers
If you are the customer, we can assist you through the whole outsourcing deal cycle, including the creation of the RFP, evaluations, negotiations, through to contract closing and contract management.
We help guide the approach to the RFP processes, including deal structuring, optimal competitive approaches and approaches to issues such as the use of integrators, global structures and alternative contract models.
We support the development of the RFP, from the terms and conditions through documenting the services and the service levels, transition and transformation, exit assistance, advising on appropriate governance tools and approaches to pricing models.
We have tried and tested service descriptions, service level regimes and charges structures for all types of outsourcing services, which can be tailored for the specific scope of services and rapidly accelerate the speed at which the RFP can be sent out to the market.
We evaluate RFP responses, using the evaluation tools that Radiant Law has developed as part of its objective-led contracting methodology, which can be refined in consultation with the client based on its objectives. This enables a detailed evaluation of supplier responses in very short timeframes and provides for a user-friendly executive report as an evaluation outcome, facilitating speedier decision making.
We support the negotiations process across all the terms and schedules, with a focus on the client’s objectives to ensure that ‘noise’ is minimised and the contracts can be closed faster. Upon completion we assist with the approvals process, including briefing stakeholders and providing a report on how the negotiated agreement meets the client’s objectives.
Acting for suppliers
If you are the supplier, we can assist you with the responses to RFIs and RFPs through negotiations to contract completion and beyond to supporting the management of the contract.
We can help you develop a strategy to respond to customer requirements in a way that manages commercial risks, meets your objectives and ensures that your response is market competitive.
We can assist you throughout the contracting process with the support you need to meet aggressive timelines.
We can also assist you after the closing with contract management, including issue and dispute management, contractual changes and keeping your contracts up to date.
Large transactions require a significant amount of project management throughout the contract preparation, negotiation and execution. We actively manage projects including detailed up-front planning, maintaining an issues and risks log, collating and tracking actions and inputs required in order to complete documents, management information and assistance with presentations to stakeholders.
Our team has many years of experience in supporting large organisations to execute on major transactions, both in-house and in private practice. We support clients at a more strategic level (in addition to the execution elements of the project) with the approach and decision-making during the course of the project.
This will typically include attendance at and input to the relevant strategic forums and advisory support for the executives who are accountable for the success of the project, including in relation to the procurement process, the commercial construct for the deal and the approach to risk taken by the client.
Ways we’ve helped
If you are the customer, we can assist you through the whole outsourcing deal cycle, including:
- the development of your sourcing strategy
- the RFP process and supplier selection
- scoping, pricing and service level models
- negotiating and contracting
- change control and governance
- re-aligning and re-negotiating existing transactions and exiting
If you are the supplier, we can:
- help you respond to RFIs and RFPs in an efficient and consistent manner
- advise you on the key commercial issues in customer term sheets or contracts
- help you develop a strategy to enable you to respond in a consistent way to key legal risks
- assist you in negotiating contracts with your customers
- assist you in managing the change control process and keeping your contracts up-to-date
- help you re-align existing transactions
Our lawyers have worked on many of the largest and most complex transactions from traditional ITO, single supplier and multi sourcing ITO, cloud ITO (both infrastructure and software as a service) and hybrid models. We can assist you in all aspects of an IT outsourcing transaction and we have the expertise and experience to go beyond the front end terms and conditions if required by you. We can advise you on putting together all the key technical schedules including pricing, service levels, scope and governance.
Our lawyers have advised on a variety of ITO transactions, including advising:
- a global insurance company in relation to its offshore ADM and transformation ITO. This involved onshore outsourcing as well as the transfer of services to India
- a global insurance company in relation to various infrastructure outsourcings in the UK, Ireland and Eastern Europe
- a leading investment bank in relation to the outsourcing of desktop support in the US, UK and Spain
- a UK retail bank on its network transformation and services arrangements
- a large telecom company on the renegotiation of its full tower IT contract with its incumbent supplier and the rebid of services to create a new multi-sourced environment
- an insurance company on the outsourcing of its infrastructure and creating a private cloud solution
- an Indian supplier on taking over the infrastructure and ADM services for a UK supermarket
- an Indian supplier on taking over the infrastructure and ADM services for a leading UK insurance company
- an Indian supplier on public sector ADM projects for both central and local government
- various government departments on infrastructure and ADM transactions
Our lawyers have extensive relevant experience in many different types of BPO from help desk services to insurance claims processing, cheque clearing, loans processing and custody services. Radiant Law has expertise not only in the front end terms and conditions but also in drafting statements of work, service levels, pricing schedules, exit terms, change control and governance.
Our lawyers have advised on many BPO transactions, including advising:
- a global insurance company in relation to the outsourcing of its claims processing functions both onshore and to India
- a UK retail bank on the outsourcing of its loan application functions
- a UK life insurer on its asset management and custody services including offshore and to India
- various UK life and pensions companies on the outsourcing of payment execution services and pensions administration services, including transformation of the IT platform and offshoring parts of the services to India
- various UK insurance companies on the merging of books of insurance products, re-aligning existing outsourcing arrangements and moving services between different suppliers.
FM and HRO
We can assist you with putting together all aspects of an FM or HRO transaction – from negotiating the contract to drafting the key schedules such as pricing, service levels, services and governance.
Our lawyers have assisted clients on several FM and HRO transactions, including advising:
- a leading investment bank in relation to the roll out of its global facilities management outsourcing service with several suppliers
- an international law firm on the outsourcing of its front of house, engineering, catering and document production functions
- a leading energy company on the global rollout of its HRO which included employee benefits, recruitment, training and payroll
- a leading global consumer products company on the global rollout of its HRO which included employee benefits, recruitment, training and payroll
Our lawyers have assisted clients on many technology transactions, including advising:
- a technology supplier in relation to airline and hotel transactions involving the provision of customised ASP services relating to reservations, inventory and departure control
- customers and suppliers on hosting agreements
- customers and suppliers on managed services agreements for software and telecom services
- an international retailer on its global agreement for the provision and maintenance of data centres globally
- an international logistics provider on the establishment of a pan-European electronic payment system
- a Middle Eastern bank on the procurement of a banking system including the contracts with the systems integrator and the software supplier
- a leading investment bank on installing SAP and Oracle systems
- a leading insurance company on transitional services agreements following an acquisition and disposal
The process by which contracts are drafted and negotiated is all too often dominated by the ‘noise’ of many less important issues, losing focus on the real business objectives. At Radiant Law, we believe that this process can be improved by identifying, ranking and prioritising objectives at the outset of any transaction and then placing those objectives at the heart of the contracting process. This leads to higher quality contracts that are fully aligned to business outcomes and that ultimately this leads to better contractual relationships.
We work with you at the very beginning of the transaction to identify, rank and document your objectives. We believe it is essential to focus as much, if not more, on opportunities under the transaction as the mitigation of risks.
We can propose and agree with you a strategy to show how the objectives can be delivered through the contract, the key priorities that need to be addressed in the contract and the extent to which they can easily be achieved against market standards.
We create a highly-tailored RFP and contract, based on the agreed strategy, which leads to more focused, shorter and more effective contract terms.
At the down-select stages, we work with you to identify the objectives that are most relevant to the decision and focus our review and reports on supplier responses based on the extent to which the supplier is able and willing to meet the objectives.
The negotiations are focused on achieving the objectives, with other issues treated as low priority if they don’t support an objective. Throughout the negotiation process we report on the status of open issues based on how they impact objectives.
On completion, we deliver an objectives-focused report showing how the objectives have been achieved in the negotiations represented in the final contract.
Contracting Process Objectives
In addition to capturing deal objectives, the objectives and constraints relating to the contracting process are also captured.
Our analysis will show not only how we recommend addressing the objectives in the contract, but also identify where there may be tensions between achieving the best contractual outcomes requiring strong competitive leverage versus aggressive deal deadlines. We will work with you to find the right balance so that you are in control from the beginning of the play-offs that are inherent in these transactions.
We recognise that there are tensions between objectives, deal process objectives and what is generally achievable in the market. Our aim is to assist clients upfront to understand the art of the possible and help them prioritise objectives accordingly. This may lead to on-going adjustments in the objectives and we encourage clients to be open minded about that. Our advice is informed by deep experience and analysis of what has been achieved in many different deals, but we avoid making assumptions about what the market will bear on specific issues.
- You are more likely to achieve a better outcome in your contract by focusing up-front on what matters
- The contracting process is faster as issues that don’t matter can be resolved quickly.
- The contractual relationship starts on a better footing, with a clear understanding by the parties of what is trying to be achieved and a more manageable contract.