Following our last blog, on the subject of contracting for Agile software development, this week we visit another hot topic: innovation. Innovation can mean many different things, but in an outsourcing context it can generally be thought of as new ideas or ways of working to drive efficiency, commercial gain and/or competitive advantage. But what can be done to stimulate innovation within an outsourcing relationship in a way which is aligned to the customer's needs? We believe that a contractual structure which is aimed at driving innovation can be a significant advantage. At the same time such a framework can rarely move a supplier to innovate where innovation is not within its DNA. For best results, customers should aim for a combination of evidenced supplier commitment to innovation and a contractual framework that keeps both parties on track. Here are our top ingredients for success:
Track record
Favour a supplier with a track record of thinking outside of the box, with multiple innovation successes.
Joint leadership
Both parties take a lead role and each appoints a named leader for innovation- the biggest challenge facing innovation is tomorrow's deadline.
Innovation plan Have an enterprise-wide innovation plan that defines purpose, objectives and timeframes; and importantly has buy-in from key stakeholders.
Common understanding Define what innovation means, and ensure an alignment of understanding with your supplier.
Fostering trust
"Trust is the key, detailed contracts are unimportant".
This is too extreme a view, but building a trusted relationship with your partner through thoughtful communication and collaboration will reap rewards.
The importance of contract design
There is an inverse relationship between innovation and certainty. The greater and more radical the level of innovation sought, the less certain and more incomplete is the contract. The result – contract design will be a priority.
Innovation lifecycle phase 1: Idea generation
Regular market testing and well-managed brainstorming on the latest trends, processes and technologies will aid thinking as to what can be achieved. What your supplier is doing for its other clients is a good starting place.
Innovation lifecycle phase 2: Contract flexibility
Once an idea has been selected for implementation and a business case approved, project terms will need to be agreed with your supplier, including roles and responsibilities, deliverables, timeframes. Anticipating this, the challenge at the outset is to build a contractual framework which guides the parties to agreement.
Shared funding
This is particularly important the more radical the change you are looking for. First, it will be important to get agreement between the parties to fund failure – innovation does not come without failure and the customer must accept that failure does not mean the process isn't working. Second, this is the customer putting its money where its mouth is.
Your supplier to share in the upside
Consider performance based pricing, such as gainshare. The true win/win: greater customer value (through innovation) and increased supplier profitability. The incentive for your supplier to perform.
Early involvement of technical community in contract design
Ineffectual contract design is usually to do with a lack of involvement early enough by the engineers on matters of technical specificity, e.g. task descriptions, contingency plans and communication protocols. Get specialists involved early.
Competition
Competition between suppliers in your ecosystem can drive valuable innovation, particularly where the reward is more profitable opportunities. Consider suitable frameworks such as multi-sourcing.