3.9. CRECIMIENTO ECONÓMICO EN EL ECUADOR
3.9.5. RESUMEN DE RESULTADOS
Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method 1 IT Outsourcing: 1
When IT Outsourcing is approached in a structured manner, it increases the likelihood of a successful outcome.
2, 3, 4, 5,6. 8,10
Gottschalk 2006, Lacity & Willcocks 2000,
Cohen & Young 2006
2 Outsourcing the IT function to get rid of a problematic division does 2 not necessarily address underlying issues and could turn into a complex, costly, exercise. The client might be better placed to implement best practices and address human resource issues before considering IT outsourcing.
3,10
3 When the IT outsourcing agreement is well structured, the IT 3 outsourcing endeavour has more likelihood of succeeding. This assertion is also supported by published literature. Studies show that the lack of a well-structured agreement is likely to lead to issues, and contribute to the failure of the relationship and the IT outsourcing arrangement.
1, 2, 3, 4, 5, 8,11
Ang & Toh 1996,
Bendor-Samuel 2002,
Barthelemy 2003
4 IT outsourcing negotiation: 4
When IT Outsourcing negotiation is approached in a structured manner, using principled negotiations, it increases the likelihood of the resultant IT outsourcing contract being well structured.
4, 5,6 De-Loof 1996,
Gottschalk 2006, Lacity & Willcocks 2000,
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
5 Prepare for the negotiation. 5
Negotiation of an IT outsourcing agreement is not intuitive and is not a price-focussed procurement exercise. Careful consideration needs to be given to several organisational, technological and operational aspects, as well as external factors such as global and economic considerations.
3,4,5,6,7,8,10, 11
Gottschalk 2006, Lacity & Willcocks 2000,
Kock et. al 1996
6 The case studies show that instead of taking risks on the capability of the service provider to deliver services or the quality of services, the client can engage potential suppliers prior to entering into a long term agreement, by awarding them similar, short term services contracts.
This also benefits the supplier as it provides an opportunity to better understand the client’s environment, challenges and priorities.
1,2 Gottschalk & Solli- Sæther 2006
7 Strengthen BATNAs 4
The case studies highlight that by holding negotiations with several potential suppliers, the client can improve their BATNAs.
4, 5,6,7 Gottschalk 2006, Lacity & Willcocks 2000,
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
8 The case studies also demonstrate that a supplier who forms an alliance with other service providers, is able to strengthen their position at the negotiating table and also able to bid for a bigger selection of services.
1,2 Graham 2003
9 Clients can also strengthen their position at the negotiation table by collaborating with other clients.
3
10 A change in the strategic focus of an organisation may alter the 4 options that need to be considered during an IT outsourcing endeavour. Thus when negotiating an IT outsourcing agreement, people with visibility of each involved organisation’s future strategic direction need to be involved. The case studies demonstrate that using people who are experienced in IT outsourcing and involving experts in the IT function being outsourced, increases the likelihood of a successful IT outsourcing agreement.
2, 4,5, 8,11 Gottschalk 2006, Lacity & Willcocks 2000,
Kock et. al 1996
11 The case studies show that when the negotiation is based on 5 principled techniques, where interests of both parties are considered and the focus is on developing mutually beneficial options, the IT outsourcing arrangement is more likely to be successful.
1,2,11 Kock et.al 1996, Lacity & Willcocks 2000, Gottschalk 2006, Cohen & Young 2006
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
12 Case Study 3 and 7 demonstrate that if either party is severely 6 disadvantaged during pre-negotiation activities, or enters into an untenable agreement, the resultant IT outsourcing arrangement may not endure, or be successful longer term. Negotiations that focus on options for mutual gain and which consider interests of both parties are more likely to be successful.
3, 7 Graham 2003
13 The cases investigated in this research raise the concern that too many organisations focus on one aspect of the IT outsourcing arrangement, during negotiations. 4 out of the 10 cases studied focussed heavily on price; case 6 focussed heavily on technology; and cases 4, 5 and 7 focussed too heavily on SLAs. The studies show that for an IT outsourcing arrangement to function well, the resultant contract needs to be well formed.
1, 3,4, 5,6, 7 Barthélemy 2003,
Cohen & Young 2006
14 There are many benefits, risks and hidden costs involved in outsourcing IT, these need to be understood and assessed by both parties during negotiation. Negotiation of an IT outsourcing contract needs to address; how these will be measured; how changing needs of the client are handled; how the supplier is adequately compensated for changes in that affect the outsourcing arrangement; how risks will be shared; how services will be transitioned; how the relationship will be managed, the term of the contract and how unanticipated or hidden costs will be handled.
All Earl 1996, Kock et. al 1996, Elitzur & Wensley 1996,
Lacity & Willcocks 2000,
Barthélemy 2003, Gottschalk & Solli- Sæther 2006
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
15 Negotiation of an IT outsourcing contract needs to address what services will be required for the desired outcomes to be achieved. This can be achieved by including a detailed statement of work (SOW). If additional services are to be added after the agreement is signed, a clear definition of what is in scope and what is out of scope will be crucial.
All Bendor-Samuel 2002
16 The IT outsourcing contracts considered in these case studies could 3 have been significantly improved by the inclusion of comprehensive SOW, SLAs to define and measure desired outcomes, governance mechanisms, dispute resolution mechanisms, flexible pricing structures, re-negotiation terms, etc. The cases where the above aspects were considered in the IT outsourcing negotiation and drafted in the resultant contract, had more favourable outcomes, such as the contract being renewed for a further term.
1, 2,3, 4,8, 10, 11
17 The studies show that the IT outsourcing contract needs to be designed with a certain degree of flexibility. The contract needs to contain mechanisms to address the changing needs of the customer, and mechanisms to protect the supplier when changes affect the IT outsourcing arrangement or operational aspects of the arrangement.
5, 6, 7 Clark, Zmud & McCray 1996, Barthélemy 2003
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
18 The studies show that the contract needs to stipulate conditions that enable the technological currency to be maintained. The rapidly evolving nature of technology means that the technology at the time of contract signing may become out-dated during the long-term contract. If there are no terms addressing the need to keep technology updated, the client may be disadvantaged or the supplier may be expected to provide this without adequate compensation.
4, 6 Bendor Samuel 2002
19 Even with a certain degree of flexibility, substantial changes in the internal or external environment relating to either the supplier or the client may render the contract untenable. The studies show that a periodic review and re-negotiation is useful to address unforseen changes during a long-term agreement.
8 Barthélemy 2003
20 The case studies demonstrate that dispute resolution mechanisms need to be included in the contract. Disputes, whether technology relation, procedural or cost related could be resolved amicably without impacting the relationship, if escalation procedures, alternative methods, and referral to a mediation party are agreed upfront and included in the contract.
3, 8, 10, 11 Gottschalk & Solli- Sæther 2006
21 The cases illustrate from a comprehensive governance
methodology to be discussed during negotiation and drafted in the contract. Once the contract is drafted, active management of the relationship is necessary by both parties to ensure a successful outcome.
3, 4, 5, 7, 8, 10, 11
Gottschalk & Solli- Sæther 2006
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
22 The cases show that knowledge transfer and transitional activities need to be discussed and agreed during the negotiation of an IT outsourcing contract.
6, 10, 11
23 Multi vendor agreements;
The case studies illustrate that a client who is heavily reliant on an outsourced provider, would be severely disadvantaged during re- negotiations of the contract. The client could reduce the reliance on one party by outsourcing to multiple vendors in a ‘best-of-breed’ fashion. Best of breed outsourcing means choosing the best-suited service provider for each section of the services being outsourced.
3,4, 5, 6 Gottschalk & Solli- Sæther 2006
24 The cases show that even though a multi-vendor IT outsourcing arrangement can reduce the reliance the client may have on one single supplier, management of such an arrangement is complex. It is possible to severely underestimate the administrative burden of managing several vendors and the amount of effort required to integrate the service delivery outcomes to achieve business benefits.
4, 5, 6
25 The studies show that detailed non-overlapping roles and responsibilities need to be defined when dealing with a complex arrangement with several vendors and in-house teams collaborating to produce service delivery outcomes. These should be included in the IT outsourcing contract.
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method
26 The case studies also clarify that relationships play an important role in the success of IT outsourcing. Thus, every opportunity should be taken to strengthen the relationship prior to entering into the IT outsourcing negotiation, during the negotiating process and once the arrangement is in place. Cohen & Young also confirm that relationship problems between the supplier and the client can lead to costly litigation or early termination of the contract.
All Cohen & Young 2006
27 Risks .
The studies clearly highlight the potential damaging influences of IT outsourcing. Recognising the potential for personnel or transition related issues, and planning for these could be effectively done during negotiation. This would significantly reduce the risk for both client and suppliers.
10, 11 Barthélemy 2003
28 When significant work needs to be done prior to an agreement being signed, drafting an MOU indemnifies the client against various liability and protects the supplier from significant damages and incurred costs.
3, 10 Bendor-Samuel 2002, Lacity & Willcocks 2000,
Gottschalk & Solli- Sæther 2006
29 The study shows that it is important for the client to protect intellectual property (IP) associated with operational aspects of the IT outsourcing agreement.
5, 11 Doyle & Llewelyn 2005
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Best Practice Methodology
Derived from Qualitative Analysis of Case Studies
Cases that Demonstrate Best Practice Method Literature that Support Best Practice Method 30 Sub contracting:
The case studies highlight the need for the client and supplier to be cognisant of the effects that subcontracting can have on the IT outsourcing arrangement. The client organisation’s compliance requirements may prevent a supplier’s ability to subcontract part of the services to another party. These requirements need to be highlighted during negotiation.
5, 6
31 Exit Strategy
The studies uncover a need for exit strategies to be included in the IT outsourcing contract. Considerations during negotiation could include when services could be terminated due to an untenable or unsatisfactory agreement. Even if the contract matures to full term, the exit strategy may define how the services will be transitioned form the current provider to a new provider or an in-house team and what resources and assets will be transferred. This could avoid significant disputes towards end of term.
All
Table 3: Summary of Industry Best Practices in IT Outsourcing Negotiation
These emerging themes and successful industry practices have been incorporated into the research outcome, the “Framework for Negotiating IT Outsourcing Agreements”. The framework is included in Chapter 8.
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