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From clay to digital: a new form of contract


As we enter a new year, reflect for a moment how much (and how little) contracts have changed over the last two millennia.

1. The Medium: Think about how contracts were written in the past. Long ago, people used clay tablets, papyrus, or wood. Today, our tools and technology mean that we type them up on computers and store them digitally.

2. Signing a Contract: In old times, sealing a contract with wax and a unique stamp was common. Then, we moved to writing signatures by hand. Now, we often use digital signatures – just a click or a tap on a screen.

3. The Role of Laws: Over time, laws around contracts became more formal and structured. This shift helped in dealing with more complex trade and social interactions.

Contracts Today: Complex but Unchanging Records

Today, we have many more contracts than before, and they’re often longer and more complicated. Despite these changes, each contract is like a snapshot, capturing an agreement at a specific moment. The unique nature of each contract and the varying situations they cover can make it tough to analyze them on a large scale and learn from past success or failure.

AI – enabling the contract of the future

As in the past, many changes will be a direct or indirect result of advances in technology. In the case of contracts, we should ask fundamental questions that go to the heart of the way agreements are formed and managed. Here are three areas where Artificial Intelligence may lead to radically different approaches and expectations of value.

  1. Emotion-Responsive Contracts: In the future, contracts might include emotion-responsive clauses, thanks to advances in AI and neuroscience. These contracts would adapt their terms based on the emotional state of the parties involved. For instance, if a party is under distress or extreme happiness, certain clauses could automatically adjust to ensure fair and ethical dealings. This would require sophisticated emotional recognition technology, possibly even direct neural interfacing. Experiments in this area have been running for several years – for example, AI can predict the likely reaction to a specific clause and the way it is worded.
  2. Quantum Entanglement Contracts: Leveraging the properties of quantum mechanics, contracts could be established where the terms are interconnected through quantum entanglement. The fulfillment or breach of a clause in one location could instantaneously affect the contract terms in another location, regardless of the distance. This would be a groundbreaking way to enforce immediate compliance and could revolutionize international agreements or complex multi-party contracts.
  3. Holographic Lifetime Contracts: Imagine a contract not as a document, but as a holographic entity that accompanies you for its duration. This AI-powered hologram would not only remind you of your contractual obligations but also adapt and provide advice based on changing circumstances. It could negotiate on-the-fly adjustments with the holographic entities of other contract parties, creating a dynamic, living agreement that evolves over time.

Far-fetched as some of these ideas may seem, it is essential we remember that as recently as 40 years ago contracts and legal professionals would have dismissed the idea that contracts could be developed and stored electronically or that digital signatures could exist. So as we start a new year, it is a great time to open our minds and start to re-imagine the purpose of our contracts and the benefits that could flow from a fresh approach.

Are they being serious?


Anyone who follows my writing or research will know that I’m a massive advocate for commercial teams – buy or sell – to focus on strategic value. ‘Commercial innovation’ is always essential, but today’s challenging market conditions provide a new urgency. That represents a massive opportunity to step out of the shadows.

Forward-thinking organizations already grasp the significance that Artificial Intelligence is likely to have on their future plans and capabilities. It will touch every corner of their operations, not only driving efficiency, but also powering creativity. So forgive me my skepticism, but a recent report from GEP (‘Adopting AI Responsibly: Guidelines for Procurement of AI Solutions by the Private Sector’) strikes me as unrealistic in its aspirations.

It makes the claim that: “Procurement is best positioned within an organization to help the C-suite define and create a holistic blueprint for the organization’s Al strategy.”

Really? I can certainly see that Procurement will play a part in executing on the strategy and hopefully it will also be at the forefront in determining how AI will transform the process of procurement. But to suggest that Procurement is somehow at the forefront in defining and creating the corporate strategy for AI strikes me as a massive overreach, damaging credibility.

A successful AI strategy will demand cross-functional collaboration and it will depend on digital platforms. As different groups across the business start to understand its potential, there will be a myriad of use cases. These will require robust evaluation – for example, cost / benefit analysis, resource implications, ethical and reputational assessment, market and competitive impact, affect on existing products and services.

As WorldCC research is discovering, most organizations are still focused on developing a policy, especially as it relates to Generative AI. Those at the forefront have established multi-functional teams and are encouraging employees to identify potential opportunities, while also ensuring appropriate controls on how these exciting tools are used. Security and IP protection are the big issues.

So Procurement teams, get involved. Be up there in working out how AI can transform your operations and value. But let’s recognise that this is our chance to integrate and collaborate – not an opportunity to alienate others by seeking to control.

Trust is not a one-way street


Reflect for a moment on what causes you to trust people, or organizations. What are the characteristics, behaviors, values that you look out for?

In a recent article, PASA offers ‘Five essential tips to build trust with your suppliers’. In addition to the need to ‘ensure mutual interests’, it concludes with this summary: “By recognising the importance of business development, understanding supplier capabilities, prioritising empathy, and seeking evidence of authenticity, procurement professionals can establish strong and trustworthy partnerships with suppliers, leading to successful project outcomes.”

OK, you might say, that’s not an unreasonable list. And nor would it be if it were not so one-sided. Take empathy as an example. The article doesn’t suggest that Procurement should demonstrate any empathy with the supplier’s goals and interests, but rather that the supplier must show ‘an empathic understanding of your organization’s goals and challenges’.

In my experience, it is this self-interested, one-sided view of the world that undermines collaboration and generates potential for conflict. Just imagine a personal relationship where all the focus is on the other party’s interests, where all the testing is about their loyalty, where all the questions are ‘what have you done for me today’ …

A recipe for trust? If you want loyal suppliers – or customers – I recommend you don’t follow the advice contained in these ‘five essential tips’. Later this week, I’ll offer an alternative.

Contracts and inflation


What is Future Procurement?


Much is being written about ’Future Procurement’, mostly envisaging a new, expanded role for the existing function.

While those forecasts may be correct, I prefer to view this topic through the lens of organizational competency, rather than assuming the need for a specific function or experts to create capability.

What are the problems with procurement today? Why is there this constant drumbeat about the need for change? Many would say those performing the role are too narrow in their thinking, too limited in their accountability, too constrained in their contribution and that overall capability lacks coherence (and to the extent this is true, it is typically not the practitioners at fault, but the constraints put upon them by outdated rules, processes, measurements and systems).

So in this context is it procurement that’s wrong, or is it a failure to look more holistically at the capability to deliver outcomes through or with external providers? This capability requires coordination across multiple stakeholders – it is a cross-functional integration role, not a traditional discipline; and it certainly is not something that today’s practitioners have been taught to do. So why would we assume that procurement steps into that role?

Therefore we must give thought here to the question – ‘are we seeking to fundamentally redefine what we mean by procurement, or are we trying to reform or redesign the current procurement phase to fit better within an overall delivery system?’

Among the challenges we face that have driven a need for reform are:
– the massive increase in externally acquired goods and services
– the steady shift from acquisition of goods to a predominance of services
– the continuing evolution of relationship types and models with little thought given to the organisational capabilities needed for their management

On top of these, the scale of market change and uncertainty today require fundamentally different capabilities to assess, to contract and to manage. Adaptability, agility, predictive capability, dynamic reform – these are not characteristics that those outside the function generally associate with procurement.

So what do we need? As one senior executive recently said to me, “we could essentially outsource everything except contract management – and that’s arguably the area of capability where we’ve made the least investment”.

I think few would disagree that procurement capability needs to change, to be more adaptive and responsive, more effective at analysing and replicating its own success. But does the role itself need to expand, or does it need to be better instructed and managed, provided with fit for purpose tools and policies? In a perfect world, I might argue that organizations want full self-service capabilities without function. ‘Future procurement’ may well be fulfilled by people equipped with intelligent machines.

With this in mind, modern procurement should be an enabling and oversight function, equipping the organisation with the tools and knowledge needed to successfully select and manage supply relationships.

To do this, there needs to be segmentation based on the type of relationship needed to achieve the required outcome. That’s because different forms of relationship require very different skills and capabilities for their management. 

Traditional procurement was strongly focused on input. Indeed, as a former head of the GSA in the US observed ‘we often undertake a perfect procurement and achieve completely the wrong outcome’.  Too often, procurement has been a rules based system designed to support product acquisition. 

When it comes to delivering value, contract award is the beginning, not the end. While there has been some excellent work reskilling and attempting to convert thinking from ‘procurement’ to ‘commercial’, post-award skills and competencies have until recently been largely ignored and the transformation of existing thought and behaviours are at best patchy. Even where training has been applied, its effectiveness is constrained by the actions or inactions of others – for example, legal, finance, operations – or the embedded assumptions of executives or suppliers.

Leading practice is to design for a full acquisition lifecycle. And in this wider context, at a recent conference, delegates recognised that procurement is just one phase in the much wider discipline of contracting.

So I would suggest that the question regarding ’Future Procurement’ is one that we cannot and should not seek to answer without first having defined and understood the overall contracting lifecycle – from inception of requirement to delivery of outcome or termination of need. It is this capability that is missing and simply fiddling with procurement may enable marginal improvements, but will not fix the problems.

Is your job sustainable?


You are busy – in fact, operational workload for most contract and commercial professionals is running at record levels. With business conditions in such a state of chaos, there just is not time to think beyond the latest crisis, the day-to-day firefighting ….

It is so easy for all of us to fall into the trap of immediate priorities and think that somehow our hard work, our dedication will be acknowledged and rewarded. The trouble is that the world around us is always moving on, others are focused on ‘the next big thing’ – and one day, we realize that we have been left behind.

Sustainability – environmental, social, governance – is one of those topics. It is humming along in the background, steadily gaining pace. Its success has a massive dependency on new and revised commercial policies, practices and processes. Contracts and their management will be critical to achieving sustainability goals and targets. And this is no longer some distant, abstract dream. It is here, It is now. And it is time to join the journey.

World Sustainable Contracting Day is upon us – it happens on May 17th and it costs NOTHING to attend. Getting to grips with how CCM is impacted and how it can impact the sustainability agenda is important not just for the world, but also for you – making your job and career sustainable. Register now!

Buy-side and Sell-side Contracting: should it be integrated?


Are there benefits in consolidating buy-side and sell-side contracting and commercial resources? If yes, should this be a full or partial integration and are there potential exposures or conflicts of interest to watch out for?

These are questions that many organizations – especially those in business-to-business markets – periodically ask. It seems logical that a consolidation of resources might offer greater efficiencies and savings, perhaps also adding to organizational effectiveness through a broader skill set and improved data flows. Based on extensive insight from its benchmark studies – and regular conversations with members – World Commerce and Contracting has produced a short report and here is an extract from it.

Current State

Across industry as a whole, full integration of buy-side and sell-side contracting and commercial management is relatively common in smaller organizations, where it offers resource and skill efficiencies. In these organizations, individual practitioners are often responsible for both purchasing and sales contracting. This is less likely to be the case in larger corporations, where functional separation and individual specialism are the norm. However, this is not universal and there are significant variations between industries. The table below, based on data from six indicative industries, illustrates the point.

What is the state of integration of resources responsible for buy side and sell side contracting?

Aerospace / DefenseBanking / Insurance / FinancialEngineering / Construction / Real EstateManufacturing / ProcessingServices / Outsourcing / ConsultingTelecoms
No integration (separate reporting lines)53.20%66.70%31.80%74.10%47.80%84.60%
Plans for integration2.10%5.60%4.50%3.70%8.70%3.80%
Areas of partial integration34.00%19.40%40.90%18.50%26.10%11.50%
Fully integrated10.60%8.30%22.70%3.70%17.40%0.00%

It is notable that the industries with higher levels of integration are generally project / program oriented where greater coordination between buy-side and sell-side activities is essential. However, as the data shows, integration is typically not absolute. ‘Partial integration’ often means that team members supporting the sales contract also take responsibility for sub-contracts, rather than more general procurement activities.

The Report

The report goes on to discuss the benefits of integration, the extent to which these are typically achieved, the barriers that often prevent success and emerging trends that are making this an important topic for the future.

The commercial morals of sustainability


Yesterday, my 9-year-old grandson declared that money is evil. He has concluded that the world should operate through acts of kindness. We then discussed some of the practical realities behind trade, human progress and economics. By the end of our conversation, he came to accept that there is benefit in having an agreed medium of exchange and that the real problem is in the way that wealth is pursued.

This is surely the moral issue that lies at the heart of the sustainability agenda – it is our need to balance core values of personal or organizational benefit with broader social well-being. Ultimately, it is a matter of conscience.

A shared endeavor

In this context, I believe we must view sustainability as a shared endeavor to improve our world – not an opportunity to make money.

The environmental and social principles that underlie these new values create a need for shared standards of governance. Those standards include increased collaboration, greater transparency and an acceptance of shared responsibility. They depend on unity of purpose, superseding traditional forms of competition, operating across the boundaries of faction and function.

Building this new structure must be open and accessible to all – an inclusive experience for voices to be heard, ideas shared and respected, knowledge and learning to be freely accessed. Once we start charging money – for example, conferences or training programs that demand delegate fees – we inevitably exclude many from participation. And that is why World Commerce & Contracting is developing a series of free events, open to all who wish to participate. It is part of the new face of commerce. I hope you will join us for the first of these, on May 17th.

Are you ready for agile?


‘Agility’ appears on many organizational goals and agendas. Given the experience of the pandemic, that is scarcely surprising. The need for speed and adaptability has taken on a new level of urgency, whether reacting to risks and threats, or grasping new opportunities.

Being agile is especially challenging for commercial and contracts teams. We are not the sort of people who operate in a vacuum. Most of our actions and decisions involve others, both inside and outside the walls of our organization. Therefore our ability to operate flexibly and at speed is typically constrained by their responsiveness.

Join the agile survey now!

For CCM groups, ‘agile’ has two distinct meanings. It may relate to our internal operations and processes, but it may equally refer to agile contracts. The recent World Commerce & Contracting benchmark study tells us that agile contracts are on the rise – a growing number of organizations are observing increased demand and use. Given the uncertainties that surround us, that is not surprising – though the study continues to show substantial variations between industries.

We also know that many remain confused about agile contracting – when and how to use it, how to reconcile it with traditional financial and budgeting systems, what form the contract should take – indeed, should there even be a formal contract at all?

Questions like this have been at the heart of a month’s-long collaborative activity that has pulled together a set of principles, collectively known as the ‘Agile Contract Manifesto’. Designed to accompany the long established ‘Agile Manifesto’, this set of twelve rules or principles provide a framework to guide contract developers and negotiators. Over the coming weeks, we will be socializing and testing the Manifesto with the commercial and contracts community – webinars, roundtables and at the WorldCC conferences, as well as third party events.

For now, we are collecting input on both forms of agile through a survey that tests both organizational agility and also seeks reaction to the Manifesto Principles. I hope you will share your view and help us all on the path to increased agility!

Making sense of contract management software


Hesitant? Confused? Frightened of making the wrong choice?

These are common emotions among those charged with reviewing and selecting contract management tools and systems. While software has been available for almost 25 years, the success stories are few and far between. Many have invested, only to discover that functionality is not there, that adoption rates are low, that implementation costs rapidly spiral …..

Is automating contract management doomed to fail? Discover the answers!

It is a complicated process, leading many to conclude that the best way forward is to tackle specific elements, using a variety of tools. But there have been remarkable advances in the technologies now available to us, so is past experience a good guide? Could it be that the problem is not in the software, but in the way we assume contracting must be done?

With the growing pressure on legal, commercial and procurement teams to deliver greater value, there is no question that contract performance must improve. Streamlining the process, identifying sources of value and empowering the business to better manage risk can only be achieved through technology. So which technology to consider and choose?

The confusion of choice

With more than 250 options, it is not surprising that those charged with identifying and selecting a system feel overwhelmed. Do we want an application, a platform, a set of integrated tools from multiple suppliers? The WorldCC selection tool has been designed to help in evaluating and narrowing the options. It is supplier agnostic, free to use and comes with no strings attached (i.e. you will not be inundated with calls from possible vendors or consultants!). Following a major update and overhaul, the tool (already used by more than 20,000 organizations) is about to be re-launched, along with an explanatory webinar and discussion of the latest trends and opportunities for contract management automation.

If you want clarity, sign up for the launch webinar due to run on February 3rd. Participate live, or receive the recording. You can register here.