Content:
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Why Should You Treat Vendor Contract Management as a Strategic Priority?
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What Clauses Should Every Staffing Vendor Contract Include?
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How Can You Negotiate Vendor Contracts for Better Outcomes?
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What Does an Effective Vendor Contract Lifecycle Look Like?
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What Should You Do After a Contract Is Signed?
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How Can TalentDesk Simplify Vendor Contract Management?
There is only one fool-proof way to mitigate the risks associated with engaging talent suppliers and vendors – and that is through proper vendor contract management.
While talent suppliers and agencies make it so much easier to engage freelancers and contractors, you want to avoid complications like co-employment issues, misclassification and non-delivery of work. Let’s see how contract management can help you do that when managing vendors.
Why Should You Treat Vendor Contract Management as a Strategic Priority?
Vendor contract management includes the end-to-end process of negotiation, engagement and implementation of vendor contracts.
Why is proper contract management so crucial?
- Your contract quality has a direct impact on vendor performance.
Clear terms and conditions set expectations early on, and hold vendors accountable to established, quantifiable KPIs.
- It helps with contract risk mitigation.
It sets out guidelines around compliance, misclassification, data security and more, so vendors know exactly what is expected. Read more about external workforce compliance.
- It helps control costs.
Payment terms and milestones are all planned out clearly and vendors know exactly what they must deliver before each milestone.
- It establishes liabilities.
It offers important protections for your organization in case things don’t go as planned.
There are some common mistakes that may initially seem insignificant – but that undermine the integrity of your vendor contracts.
- Using unclear, subjective terms and statements leave your contracts open to interpretation. This is especially significant when it comes to quality, pricing or timelines.
- If your vendor contract clauses don’t cover classification, data privacy or tax obligations, the associated risks can impact your organization.
- Sometimes, when you are used to working with your long-term vendors, you may miss out on renewing contracts in a timely manner. While this may or may not interrupt the work, missed renewals can lead to compliance issues.
What Clauses Should Every Staffing Vendor Contract Include?
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Clauses
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What it should include
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Red flags
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Scope of work
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Practical details:
- Headcount to be provided by the vendor.
- The timings the workers will follow.
- What they will need to deliver.
- The quality they will need to uphold.
It should also outline any exclusions like:
- Whether the vendor talent will offer rework or iterations.
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Subjective and open-ended terms that can be interpreted in different ways like:
- ‘Reasonable quality’
- ‘To be delivered as soon as possible’
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Service level agreements
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Outline specific requirements like:
- What is the quantity of work that is to be delivered?
- What quantifiable metrics will you use to gauge performance?
- What remedial measures must be taken if those KPIs are not met?
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Unquantifiable metrics that leave room for disagreements.
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Timelines
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Hard deadlines and milestones that the talent should meet.
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- Open-ended timelines without specific dates mentioned.
- No delivery milestones through the contract period. Only having one final delivery end-date leaves no room for feedback or rework.
- Unreasonably tight timelines for the headcount involved.
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Payment terms
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All details related to the rates charged:
- The amount to be paid to the vendor.
- Will they charge a fixed rate, or per hour, per project or through any other model?
- Any extra charges or fees that may apply.
- Any payment milestones to be followed.
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- Unclear terminology like ‘reasonable reimbursements will be made’.
- Unaddressed spillover scenarios – like who will absorb the costs if extra headcounts are needed.
- Missed payment liabilities – like what fines or interests will apply if payments are not made by the agreed dates.
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Compliance clauses
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- Talent compliance requirements like background checks and qualification checks.
- The steps the vendor will take to classify workers compliantly.
- The data security obligations of both parties.
- The insurances the vendor will need to get to cover liabilities.
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Liabilities left unaddressed so it’s unclear as to who will be responsible if the contract terms are not followed. |
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Termination clauses
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- The circumstances under which either party may terminate the contract.
- The kind of fines and notice periods that will apply if any.
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Terms where either party has disproportionate rights to dissolve the contract with no protections for the other party.
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Optional clauses that add value
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- Clauses related to the organizational culture (like ethics and fairness).
- Diversity-focussed clauses.
- ESG or sustainability requirements the vendor needs to follow.
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Some of these may be mandatory, as per your country’s laws and regulations. In these cases, missing out these clauses may be seen as non-compliance.
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How Can You Negotiate Vendor Contracts for Better Outcomes?
- Ensure internal alignment.
Make sure all your internal stakeholders are in agreement about what is important, what is negotiable and what is not mandatory but might be good to have. Do also reach a unanimous decision about how strict your budgets are, as this gives you a price range you can negotiate within.
It always helps to have a dedicated vendor contract management team or a single Point-Of-Contact (POC) who will be the bridge between your organization and the vendors’ sales team.
- Don’t restrict negotiations to price alone.
Even when there’s not much wiggle room on prices, you can still get a great deal by negotiating on other aspects of the contract. For example, your vendors may agree to include more within the scope of work or speed up delivery for the same cost.
Don’t forget to assess the value of the contract beyond just prices. A vendor that charges a slightly higher amount but includes more compliance checks is well worth the price.
- Allowing for revisions.
The contract you originally prepare need not be the final one you sign. Use that as a starting point for fruitful vendor contract negotiations. This allows both parties to have their say and arrive at terms agreeable to both.
Ultimately, you want to arrive at win-win terms that everyone is happy with. This reduces churn, minimizes conflict, and paves the way for long-term relationships.
What Does an Effective Vendor Contract Lifecycle Look Like?
The specific steps you follow to create a great vendor contract process differs based on your project and the needs of your industry. But broadly, they should include these stages:
- Draft
Create the first draft of your contract, making sure it covers the entire scope of your project and includes all the clauses discussed above. Here, it is important to use formal contract templates with clear, airtight, legal terminology. The scope of work casually listed out in a document or an email cannot be seen as a legally binding document!
Who should be involved?
Your procurement team should work with your legal, HR and finance departments to draft the vendor contract. If you have a dedicated vendor contract management team, they should be involved throughout the process.
- Negotiate
Using the first draft as the starting point, begin negotiations with your shortlisted vendor. The objective of this stage is to finalize the terms and the scope inclusions to the satisfaction of both parties.
Who should be involved?
Your procurement and legal teams should represent your organization – and of course, the sales team from the vendors’ end needs to be involved as well.
- Approve
Once the terms have been agreed upon, get a final approval from your internal leadership before proceeding. Make sure to update them on any changes that may have been added during the negotiation process.
Who should be involved?
This should include the person from your organization who has the ultimate decision-making authority. This can be someone from the leadership team, or in companies with flatter hierarchical structures, it can even be individual managers. This will be the final approval as there’s no scope to edit the contract after this.
- Sign
It’s time to get the contract signed by both parties! This step is easily done digitally, using e-signing tools.
Who should be involved?
The authorized signatories from both organizations should be involved here.
- Implement
Now you can get the work started, as agreed in the contract. The vendor will provide you with the talent support you require and you can begin onboarding them to the project.
Depending on your staffing vendor agreement, your project managers may need to step in, oversee this talent and direct the work done. One key point to remember – be aware of what you can ask your contract talent to do or the degree to which you can manage them. Trying to control how or when they work can lead to these workers being classified as employees! Alternatively, if you have a managed service agreement with your vendor, they will manage and guide this talent on your behalf.
You will also need to approve the work and process payments in a timely manner.
Who should be involved?
The person in charge of managing the project will take over, and direct the workers that the vendor provides. When it comes to payments, the relevant accounts team will be involved.
- Track
Track your vendor’s performance against the KPIs outlined in the contract, using quantifiable metrics. Such reviews should be conducted on a recurring basis as per the audit milestones you mutually agreed upon.
Who should be involved?
The POC in charge of managing the project should be directly involved, along with the relevant representatives from your leadership team and the vendor team.
- Renew or offboard
This is the final step of the contract management process. At the end of the contract period, conduct a final audit to decide if the vendor’s performance has been satisfactory. If you are happy with their services, you may want to reengage them for another term. In this case, a new contract must be drawn up again – taking you back to the start of this cycle. If you do not want to reengage the vendor, conclude the contract and ensure that all the involved talent is aptly offboarded.
Who should be involved?
The project POC should be involved here, as well as any decision makers from your organization. In case you are renewing the contract, involve your legal, procurement, HR and finance departments again for renegotiations.
The more you automate, the more efficient your process becomes. Manual processes are not just time-consuming and cumbersome, they also leave much scope for errors and missed steps.
Here are some tools and tactics to streamline vendor contract management:
- Contract Lifecycle Management (CLM) software
This automates the entire contract management process. At the contract signing and onboarding step, it ensures that all required data is captured, all relevant documents (like NDAs) are uploaded, and all compliance details are filed. There on, it goes on to track milestones, monitor vendor contract performance and ensure renewals happen on time.
- Approval workflows
Custom workflows can help you set up tasks, approvals and review processes as agreed in your contract. It streamlines project execution, making sure all tasks are being performed, reviewed and approved in the right order.
- Integrated systems
If you have different systems for procurement, project management, time tracking, approvals and invoice processing, it becomes a challenge to consolidate the data from each system and keep the contract running smoothly. There’s also a chance that some data gets duplicated and mistakes from one system get carried over to the next. All of this makes your process unnecessarily opaque and disjointed. Integrating all systems through a single vendor management platform solves many of these challenges. Gaps become more visible and dependencies can be better streamlined. Are you asking "what is a vendor management system (VMS)?" read our full blog around this.
- Renewal alerts
This lets you keep track of upcoming contract end dates, without having to remember them all individually. This gives you time to get the renewal process started well in advance, so you are never operating without a contract.
The two major advantages of modern CLM tools
1. Automation
This minimizes the need for manual interventions at each stage, reducing the burden on individual managers. Think automated notifications to track document submissions – and subsequent automations to help you assign tasks, approve invoices, process payments and track regulatory changes.
2. Centralization
This brings together dispersed workflows under one platform, giving you maximum transparency. It minimizes the errors and gaps that happen when different departments work in silos.
What Should You Do After a Contract Is Signed?
Vendor contract management does not end with the signing of the papers! The steps that follow are equally crucial.
Here are a few ways to enforce the SLAs in your vendor contracts, making sure you are getting the most out of the engagement.
- Track performance.
Assess how vendors are performing against the KPIs they agreed to. Have they provided the promised headcount? Have all your delivery requirements been met? Have the timelines been adhered to?
This is where quantification matters. It leaves no room for opinion-driven disagreements – either the KPIs have been met or they haven’t.
- Hold vendors accountable.
Tracking KPIs enables you to hold your vendors accountable. While you cannot micromanage contract talent, having periodic check-ins and reviews enable you to flag issues early on and give the vendor a chance to make up for any shortfall. If for instance, they have not been able to provide the right talent at the right time, you can highlight this to the vendor.
They then have a contractual obligation to offer resolutions. In this case, they may provide you with a greater headcount or more experienced talent for the same price to help you meet the project requirements, despite the previous delay.
- Renegotiate or terminate
Long-lasting vendor relationships generate better outcomes. When vendors are familiar with your organizational vision, are aligned to your company values and have a great rapport with your managers, they are able to offer better, more innovative solutions. So if all KPIs are met, it is worth it to renegotiate the contract for another term. (See more: What is vendor management?)
However, if there are KPI shortfalls, you experience project delays or overshoot your budget due to unreliable talent, you are well within your rights to exit the contract. Compliance mismanagement is another important reason for termination. If the vendor engages in misclassification, unethical labor practices, or tax malpractice, it can mean serious consequences for your organization – just by association.
In these cases, involve your legal team and initiate the process of terminating the contract, offboarding the vendor talent and looking for better alternatives.
How Can TalentDesk Simplify Vendor Contract Management?
A platform like TalentDesk streamlines your vendor contract management workflows, enabling you to manage vendor management all through a single platform. It offers key features that help you automate the process and manage compliance. (See more: Vendor Management)
Here’s how TalentDesk helps:
- It centralizes all contract documents linked to each vendor. You can find all your vendor data, contracts, NDAs, compliance details and more, stored securely in the cloud – instead of being scattered across individual mailboxes.
- It integrates compliance protocols into your vendor management system. Everything from classification audits to SLAs, identity checks and regulatory updates are all tracked on one platform, so there is no confusion or missed steps to worry about.
- It takes over your legal admin through its Agent of Record (AOR) services. Be it generating the right contract templates, handling KYC checks or signing contracts on your behalf to give you an extra shield of protection – you can rest assured it’s all being taken care of, compliantly. Find out more about Agent of Record (AOR).
- It offers centralized dashboards and vendor databases, giving you complete transparency across your procurement, legal, finance and HR functions. Any approved stakeholder can pull up vendor data, view compliance documents or track last paid invoices for each vendor without having to chase the manager involved.
- It gives you automated renewal reminders, highlighting upcoming contract end-dates, so you are never left without the protection of a legal agreement.
With these automated, centralized approaches, vendor contract management goes from being a complexity in itself to making all your supplier engagements run smoother than ever before.