Vendor Contracting

Consilium Resources has a long and comprehensive background in vendor contract administration. This comes from years of reviewing, writing, negotiating, and enforcing contracts.

We have administered varied categories of vendor contracts -- application software license purchases, application development, consulting, outsourcing, and services contracts such as telecommunications, hosting, and maintenance and support.

Contract Review:

We will listen to what you want, what you expect, and the price you are willing to pay. We take those requirements and parse them against the contract. We will ensure that the terms and conditions are clear and definitive and meet your expectations.

When enacting a contract, keeping repeating this phrase – “The contract speaks for itself”… because no matter what may be promised verbally, if it isn’t in the contract, it doesn’t count.

We will clarify and redraft any ambiguous terms in the contract. It is often the seemingly innocuous or slightly ambiguous term or condition that, in the future, places you in an untenable position.

We can work directly with your attorneys. Or, if preferable, Consilium has legal resources available who specialize in technology contracting.

Negotiation:

The process of constructing a contract often demands negotiating with the vendor on the terms, condition and price. Outside negotiators are sometimes referred to as hired gunslingers. Implications aside, it is the objectivity toward the situation that often gives the outside negotiator the edge.

The outside negotiator has no personal vested interest in the technology or customer/vendor relationship. Our only interest is that the purchaser acquires it under the terms and conditions that fit their needs, expectations and budget. Having to maintain a long term relationship with the vendor can often lead to costly appeasements or accommodations for the sake of the relationship. Having an outside negotiator can preserve a good relationship with the vendor and assure you still get the best contract terms.

Compliance:

After the contracting is complete, you must monitor compliance to the terms and conditions. This applies to the vendor providing the services or product as stipulated in the agreement. It also applies to your side in observing and meeting the covenants of the agreement such as software distribution limits, payment schedules and renewal options and notices.

Consilium can ensure that both the vendor and you are in compliance by instituting monitoring and measurement controls. This may be as straightforward as a simple Contract Management Database with reports and contract date alerts.

Sometimes disagreements still arise and after the problem escalation processes, as defined in the contract, is exhausted the problem persists. As a final step before arbitration or legal action, Consilium Resources can act as a mediator. Again, it is the outside negotiators edge that can sometimes resolve the situation, repair the relationship and get your project, service or implementation back on track.