March 16th, 2015
On February 22-26, Siwel Consulting attended IBM InterConnect 2015, IBM’s largest conference, in Las Vegas. There were 21,000 attendees from across the globe, and we were pleased to be a small part of it.
Dan Donovan, Siwel Senior Principal Consultant, and Mark Feinman, Siwel Application Architecture Manager, participated as subject matter experts in a session titled “Save Money and Adopt Best Practices with IBM License Metric Tool (ILMT) and IBM Sub-Capacity Licensing.” The interactive gathering was moderated by Antonio Gallotti, Product Manager for IBM License Metric Tool and IBM Endpoint Manager for Software Use Analysis. Steve Churchill, President and CEO of PreferredPartner, also joined us on the panel.
Full-capacity licensing is required for all active physical cores on a server, while sub-capacity licensing is required for a reduced number of cores that are running the IBM software as a result of a virtualization technology. For example, you can have a server with 12 physical and active cores on it. Full-capacity would require all 12 cores to be licensed. Using a virtualization technology such as VMWare, where only two cores are running the software, you would only have to license the 2 core (sub) vs. 12 cores (full).
During the hour-long discussion, the panel answered a range of questions from technical sizing to the always popular financial cost-savings. Dan piqued interest by providing real cost-avoidance based on data for three real customer sets, all using IBM’s ILMT: Small (two thousand servers); Medium (fifteen thousand servers); and Large (thirty thousand servers). We’re talking millions of dollars of savings—between the costs associated with full-capacity licensing vs. the cost of sub-capacity licensing. He emphasized the importance of applying real Passport Advantage pricing when calculating cost avoidance between full capacity and sub capacity licensing scenarios: while 5,000 PVU licenses doesn’t tell you anything, if one PVU costs $400, total cost avoidance equals $2,000,000!
March 13th, 2015
By Steffani Lomax
In last week’s blog post, we talked about how to approach a contract negotiation. Let’s continue this discussion.
Understand Future Initiatives
Prior to negotiating a software contract renewal or a new agreement, it is imperative to understand future business initiatives within the company that will require technology. Engage with the stakeholders to learn and understand the 6 to 36-month roadmap of projects in the pipeline, as well as the specific technologies needed for each. Understand the “must haves” versus the “nice to haves” as they relate to the requirements. Since most agreements span 1 to 3 years, having a 36-month outlook on the project landscape should cover all requirements for the purposes of your new contract.
Conduct a Self-Audit
While it is imperative to understand future technology requirements, an organization should never begin a software contract negotiation without knowing its current license deployments versus entitlements, or software license position (SLP). Are you over-deployed, or do you have undeployed licenses (i.e., shelfware) that are costing the organization money? The answer to this question will impact what software you include in the agreement and the associated number of licenses.
To determine your software license position in advance of the negotiation, perform a self-audit. The self-audit involves establishing license entitlement and deployment baselines, then conducting a reconciliation of entitlements to deployments. To reconcile properly, ensure that you understand product use rights which may impact whether or not additional license or product purchases are necessary. It is also important to know whether there are licenses deployed in the environment that are not being used or have been decommissioned. Organizations may be able to uninstall or reallocate licenses if permitted according to the contract licensing terms and conditions, which will impact the final software license position.
Develop a Contract Deal Terms Sheet
Prior to the first negotiation meeting, develop an internal contract or negotiation “deal terms sheet” that clearly defines your requirements. It should include:
Schedule regular internal meetings to review your deal terms sheet with the contract negotiation team and any other stakeholders in the Legal, Sourcing, Finance and IT departments.
Understand the Goals of Your Publisher
In order to negotiate effectively, you need to understand what is important to your software publisher. Typically, a software supplier seeks the following:
Knowing these objectives will help you prepare to counter on some of the terms proposed by the publisher’s negotiation team. For example, if the supplier suggests conducting an annual audit over a 3-year agreement, your organization can propose a single audit over the course of the contract term. If your supplier recommends a maintenance level based on deployed software licenses, the self-audit results may potentially reduce the maintenance fees if you happen to be in a state of under-deployment or shelfware. If your supplier proposes a fixed quantity of licenses and you believe you will exceed this number, try to negotiate flexibility into the number of licenses that will be used over the contract period.
While it is always preferred to be liked by your supplier, it is more important to be respected. The best approach: negotiate a strong agreement and don’t worry about whether or not the party on the other side of the table likes you. You can build a solid relationship with your software publisher, but at the same time be assertive and persistent in the negotiations so that you will arrive at a final agreement that is both good for your organization and good for your supplier.
By applying these negotiating techniques that we have reviewed, you will have a better opportunity to secure the agreement you are looking for…to get to “win” in your contract negotiation!
March 5th, 2015
By Steffani Lomax
Everyone wants to “win” when they enter into a software contract negotiation. Your software supplier seek to maximize revenue while your organization strives for the most cost-effective agreement that includes only the products and services that are absolutely necessary, along with fair contract terms and conditions.
But years of negotiating experience have taught us that good dealmakers reach agreements, not compromises, and that this is true from both sides of the negotiating table. A strong, negotiated “win-win” agreement attains your goals but also contains elements important to the publisher.
When you negotiate a contract with your software supplier, do you know if it is a good deal for your company? What should you do to prepare for the negotiation and ensure that the final agreement is the best possible outcome for your organization?
To maximize the chance that you’ll end up with a good deal, it is important that you ask and answer the following question up front: Where’s the value line for your company? If you fail to remain focused on the answer to this question, you could continue the negotiation process unnecessarily, potentially losing leverage gained beyond your estimated value line.
What are some key techniques to ensure the successful execution of a software agreement that is the right size and includes the most favorable terms and conditions for your company?
Limit Interaction with the Publisher
It’s very important that you don’t tip your hand nor let your employees unwittingly sabotage the deal. Often times, publishers talk to people at buying companies before the negotiations begin, then steer the negotiation towards the budget and products they learn about during these conversations. Implement a quiet period across the company, limiting any communication and interaction with the publisher.
Assemble Your Negotiating Team
One of the most critical steps in preparing for a contract negotiation is to assemble an experienced contract negotiation team. Form your company negotiating team early because nothing kills more deals than bringing in the team at the last minute.
Establish a fully-represented, cross-functional team to gain complete insight into the requirements and desired outcomes. This entire team does not necessarily need to be present at the negotiating table, however the requirements and priorities of each member must be understood and represented. The contract negotiation team may consist of end users, financial approvers, technical experts, high-level stakeholders and legal counsel.
One of the essential roles on the team is the Contract Analyst who is responsible for understanding the specific terms of the agreement between the parties and ensuring that the legal language in the contract accurately reflects these terms. Additionally, the Contract Analyst reviews and interprets existing contract provisions, and advises on potential harm or disadvantage that may result from the proposed language. Finally, the Contract Analyst will recommend areas that require greater clarity by way of a re-draft or amendment.
Many organizations pay legal counsel to do this type of work for them. But in most cases, these attorneys are not directly involved in the negotiation and subsequently draft language based on input they receive. The advantage of including the Contract Analyst in the negotiations is that this individual hears all of the conversations first-hand to gain an understanding of what the parties agreed to, which leads to more accurate draft agreements. It is particularly beneficial if the Contract Analyst has some commercial contract management background or experience to call upon in order to advise on the potential legal implications of particular proposed contract terms.
While there is an entire contract negotiation team in place for the end user organization, there should only be one “voice” or individual leading the negotiations. Make sure that everyone on the team agrees on who this “voice” will be. This limits possible miscommunication on the part of the end user organization, as well as the ability for the publisher to engage various members of the team to “divide and conquer” during the negotiations. Whenever possible, hold the meetings on your premise and avoid attending social events with your software supplier during the negotiation period.
In next week’s blog, we’ll talk about some more techniques to ensure a positive contract negotiation outcome.