In this hyperinflationary environment, COLA, once a standard provision, is gaining increasing prominence. And rightly so, as a typical managed services contracts spans 5 years and a robust COLA mechanism/clause that protects the interests of both parties is critical to an equitable contract. It is also in the interest of both Buyer and Seller to include a Benchmarking clause that allows potential commercial ‘reset’ in an uncertain business environment.
Maturity of outsourcing contracts on the ground has lagged the analyst talk. We have observed that service providers are incorporating elements of analyst spiel and transformative agenda as part of their pitches while their existing contract are struggling with the basic transactional issues. It is imperative that service providers need to bridge gaps in capabilities around the base or fundamental services as they look to build next gen capabilities and incorporate them as part of pursuits and solutions.
With the increasing need for contractual and financial flexibility, financial engineering has become more important than ever in outsourcing contracts structuring. In our experience, winning bids reflect flexibility to align with buyer motivation.
Typical buyer considerations could include:
