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How to avoid hidden costs in your contracts

9 min read
 

Costs are still the most important factor of the decision to purchase services and/or carry out projects. With an enormous number of contracts with even more suppliers, it becomes a problem for any company to keep track of them all. In addition, the complexity of individual contracts makes it difficult to compare them. So that it is not clear at a glance whether the services are all comparable and what costs they will trigger.

And if that weren't enough, in many cases there can be an increase in overall costs as well. Unnoticed, so to speak hidden costs, can arise through several cases. What these costs are, what triggers them and how you can avoid them, you will learn in the following article.

What are the reasons for Management Surcharges?

A common issue with purchasing services and support activities is that not only their delivery is charged. In most cases, a general administrative, or so-called management, overhead is also required to be paid.

Common arguments for this are:

  • someone needs to lead the team and ensure functionality and stability
  • shifting tasks, ensuring an ongoing knowledge transfer, providing reports and status updates takes time and effort
  • and much more

All of them are true, but in the end not calculable. When a service is bought based on resource estimations, then it must be transparent what is added on top as overhead costs in the first place.

Limit the total amount of surcharges

The important thing for you to do is to limit those overhead costs. It is definitely not recommended to look always on absolute and fix numbers. Furthermore, you should estimate them with respect to the size of the project, support delivery, etc.

A good approach for this includes the following 2 steps:

  1. Estimate the average number of projects and their size and define a percentage as a general overhead depending on the absolute costs.
  2. You introduce a limitation of all overhead costs to a certain maximum value percentage (e.g. 3%) of total costs.

Propose and negotiate the Cost of Living Adjustments (COLA) based on your bargaining power

Over the past 10 years, COLAs have not been an issue in many parts of the world. But in times of rising inflation risks and other price drivers, COLAs are becoming increasingly important and can be a key point of contention in negotiations. It is therefore worth examining the current and near-term environment in which you operate and what you can do to put yourself in a good position.

Therefore, existing contracts need to be examined and evaluated for regulations related to the application of COLA. Compare your contracts to see which regulations, etc. are working well or where they should be optimized to reduce costs.

For the future, it is beneficial to establish a common standard for your contracts. Therefore, it is crucial in negotiations that you bring your bargaining power on the table:

  • Take advantage of combined volumes and common technology packages
  • Try to limit yourself to a limited number of key suppliers to take advantage of economies of scale
  • Set your focus on long-term contracts with a fixed agreement on COLA application

Use your power to bring your approach to COLA into the contract and remember the following: It's about balancing of volume and business expectations on one side with the risk on the other for the supplier.

Find and establish a suitable basis for COLA

If it comes to difficulties to implement a generic COLA clause within your contract, it could be very helpful to differentiate on cost types. Below some examples are listed:

  • Daily rates for Time and Materials
  • Hourly rates
  • Price per ticket
  • Price per technical change request

It can be worth to separate COLA agreements based on cost types. All of those agreements should come with a cap anyway (therefore please see the following chapter “Limit COLA with an overall cap”). For usage of COLA clauses also the underlying cost-model could be crucial.

COLA has many dependencies on the cost model applied

In general, large companies and supplier of such services are more likely to agree to lower cost-of-living adjustments for fixed prices. This is for the very simple reason that they allocate their own costs in fixed-price projects or ticket-based billing.

These methods give them more opportunities to allocate or subtract resources. With standardized rates for TM models and similar, there is hardly any room for movement and absorbing COLA.

In summary, it is very important to make such a differentiation when it seems impossible to agree on your standardized COLA determinations.

Limit COLA with an overall cap

It has been mentioned several times, but is an absolutely critical factor at present. Current inflation rates are rising, which is drawing everyone's attention more and more to COLA. If not excluded at all from the beginning of a contract, it can cause problems in budgeting, calculating project costs, sustainability of funding models, and so on.

Therefore, it is important to bring in some limitations. COLA should be limited:

  • to certain types of costs (cost-models), e.g. costs for Time and Materials
  • to a certain number of adjustments, e.g. fixed for the next 3 years, before an adjustment happens
  • via specified indices (according to your favour and expectations)
  • by a general cap to prevent a raise above a certain level

In many cases it is also beneficial to explicitly exclude some costs from the usage of COLA. This ensures that at least not all cost components will rise.


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Standardize your FX (Foreign Exchange) mechanism and shift the risk to the supplier side

Reducing currency risk is essential. Paying your bills with the money you earn is not the worst advice one can give (from a risk perspective).

However, there may be good reasons for using other currencies in certain circumstances. Therefore, it is often unavoidable to include exchange rate clauses in the contracts. Take some time to  think  in advance about how you want to define this mechanism to your advantage and consider the following points.

The mechanism must:

  • be transparent and easy to understand for everyone
  • comply with legal requirements, is standardized and be easy to use
  • be defined in such a way that the exchange rate risk is shifted to the supplier side

Review your existing contracts, define how this topic shall be handled in the future, and try to implement it as defined above. This will bring you several advantages such as:

  • Easy usage of a standardized mechanism
  • Fast response in case of usage and alignment with the respective parties
  • Shifting the risk away from you to your contractor

 

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Manage your travel policy as you did during the Covid pandemic, or at least limit the triggered costs

Before Covid, travel was not only common, but used extensively. Project kickoffs, milestone releases, workshops etc. - there are many reasons that justify business travel requests.

In times of rising costs, a strong demand-driven travel management and policy can significantly reduce costs. To reduce travel costs, you should try to avoid them in general:

  • Charging travel costs for a supplier is only possible, if explicitly requested by a customer

If it cannot generally be avoided, then try to minimize it. Implement a clear travel policy according to your expectations and standards within your contracts. In addition, it is very helpful for each project to create a travel cost estimate as part of the scoping phase:

  • How many travel days are expected?
  • Which type of resources are traveling?
  • From which location are the resources from?

This allows you to estimate the amount of costs and already integrate those right away into the budget for the project.

As a general remark: Make sure you take the lead in submitting expenses for all travel requirements. This means that the vendor must follow your travel guidelines you agreed within the contract and provide you with an estimate in advance. Then you can decide on the number of needed resources, duration and so on with a clear calculation of triggered costs.

For the long term, try to make some change management efforts. As more and more offshore resources are used, traveling should be reduced.

And keep in mind: It all worked during Covid with internals and externals, so why should it not work now or in the future?


Image of businessman at airport looking at airplane taking off


Implement standardized Framework Agreements with your preferred suppliers

In times of digitization and automatic archiving of contracts, it is still possible to keep track of the number. But with the best will in the world, after a certain number of different contracts it is impossible to remember the exact contents of each agreement.

Therefore, it is highly recommended to establish standardized framework agreements with strategic suppliers. Such agreements should, of course, include all the points already addressed in this article, but they offer a wide range of additional benefits. Some of them are listed below:

  • Higher volumes will, after good negotiation, automatically lead to higher discounts
  • With a certain run time of the contract better COLA and FX agreements can be reached
  • Clear definitions of skills and responsibilities, reporting and governance structures give you the confidence to get what you need
  • Establishing a common escalation process and what happens after breaches of contract safeguards your risk
  • Once signed, Statements of Work can be done easily and allow to focus 100% on the requirements instead of legal issues

However, a major advantage also lies within the area of hidden costs:

  • Clear definitions enable transparency
  • A reduction in the contract landscape makes comparisons easier and standardizes the way of implementation / usage of mechanism

And probably the most important thing is that such agreements increase the likelihood and ease of choosing the more favorable and suitable option for you.

Conclusion

At the beginning it seems very complicated and there are many things to consider. But once a well-functioning and standardized framework for the mentioned cost driver is implemented, you will:

  • avoid hidden costs, as your contracts clearly pre-define each situation!
  • reduce the overall costs by eliminating risks!
  • save you some time in negotiations, discussions and usage of such procedures!

If the room for interpretation and differentiated application of contract components is eliminated by precise wording and standardized mechanisms, transparency and thus plannability are achieved at the same time.