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There is an inherent “right brain / left brain” tension in procuring outsourced services. The right side of the brain seeks innovative service delivery solutions and emphasizes relationship building with the supplier. The left brain seeks a high level of supplier accountability for performance, competitive pricing and favorable contractual terms.

The two sides of the brain are fundamentally different in nature.

  • The right brain is collaborative and focused on solution and relationship building i.e., aligning customer and supplier interests.

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In last two decades, much of the attention of customers and advisors has focused on outsourcing under the managed services model. The outsourcing era began with infrastructure outsourcing, which evolved from time sharing and facilities management. This was followed by outsourcing of applications maintenance and support and, on a parallel track, Business Process Outsourcing. This journey is littered with failed and successful delivery models, pricing constructs and business arrangements (including joint ventures). Some might consider offshore outsourcing as the most disruptive force to shape managed services.

These trials and tribulations have armed customers and advisors with a fairly mature level of knowledge and experience in outsourcing managed services. In contrast, there is a notable lack of maturity in the approach to sourcing and contracting for critical enterprise projects including ERP implementations, ERP consolidations and major ADM projects. Despite decades of experience with these projects, companies struggle to find and leverage the resources and tools necessary to execute them. Instead, they rely on anecdotal guidance from failed implementations. War stories of cost over-runs, time delays and abandoned projects abound.

How can enterprises avoid these mistakes? Let’s explore some of the challenges (and solutions). In this first installment, we’ll focus on two key front end considerations: (1) the role of executive leadership; and (2) proper planning and preparation (leveraging a sourcing “roadmap”)

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Like most everything in life, the making of an outsourcing transaction is a process of taking amorphous ideas and concepts (fuzziness) to a point where there is sufficient clarity for all involved to move forward in a coordinated and desired manner (crispness).

While true for all transactional components of an outsourcing, it couldn’t be more so for what’s at its heart – the services. There are plenty of analogies that could be used, but the consultant in me feels more comfortable with an inverted triangle.

Triangle.png Just recognize that time progresses as one moves from top to bottom and the mechanism is nearly complete. The question becomes, where do you start and where does it end?

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On June 22, Pillsbury hosted the first annual Federal Cloud Security Summit, organized by the Washington, DC, chapter of the Cloud Security Alliance (CSA-DC). The keynote address was presented by Sonny Bhagowalia, former Deputy Associate Administrator with the GSA’s Office of Citizen Services and Innovative Technologies and current CIO of the State of Hawaii, and covered the GSA’s efforts and outreach to help drive Vivek Kundra’s 25-Point Plan and “Cloud First” initiative.

Among other things, Mr. Bhagowalia spoke extensively about the Federal Risk and Authorization Program (FedRAMP), its goals, its accomplishments and where it is headed. FedRAMP was created to support the government’s cloud computing initiative and is intended to provide a standard, cross-agency approach to providing the security assessment and authorization for agencies to use the services required under the Federal Information Security Management Act (FISMA). The idea is to facilitate the adoption of cloud computing services by federal agencies by evaluating services offered by vendors on behalf of the agencies. The evaluations are based on a unified risk management process that includes security requirements agreed upon by the federal departments and agencies. Because the services are vetted by the FedRAMP, theoretically each agency does not need to conduct its own risk management program – reducing duplication of effort, the time involved in acquiring services and costs.

A draft of FedRAMP requirements was released for comment in October 2010, and final release of the first version was expected by December 2010. Initially, the comment period was extended through January 2011 and the release delayed until the end of June, but according to this report, the requirements are now expected to be released sometime between August and October.

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The press has recently given much attention to the growing difficulty of securing U.S. visas for offshore provider personnel and the impact on U.S. clients. In fact research firm CLSA Asia-Pacific released a report this past week downgrading its outlook for the Indian IT Services Sector citing “the visa issue [as] fundamentally altering the business model for Indian techs.” At the same time, an uptick in onshore hiring by many of the big name Indian providers, including Tata Consultancy Services, Aegis Communications, Genpact, Wipro, and Infosys , is making headlines. The Wall Street Journal India Real Time Blog included an entry in the past week summarizing some of the recent press on these issues .

Why is the current visa process for offshore service providers more troublesome than in the past? According to recent statistics, the rejection rate for applicable U.S. visas has increased from a reported rate of 5% to 40% over the past 18 months. The visa challenge is not limited to the United States: the United Kingdom, Switzerland and Canada also appear to be introducing more stringent caps. Conjecture that the 2012 U.S. election cycle will add greater uncertainty to the U.S. visa process for offshore providers seems to be adding to the unease. Finally, any discussion of the state of U.S. visas for offshore providers would not be complete without mentioning the accusations of visa fraud currently being leveled against Infosys . These accusations cast a further shadow on the current state of visas. All of this news seems to indicate what many clients and sourcing professionals have started to see first hand, the temporary and long term visa process in the United States is impacting offshore providers’ ability to staff their projects.

Despite the CLSA report and glum news about the state of visas for its work force, at least one overseas sourcing provider has refuted the recent publicity. Tata Consultancy has downplayed the impact of overseas visa policies noting the situation is “an irritant” and simply indicates that “staffing of engagements has to be planned better, well in advance…” . Nonetheless, in the wake of the visa issue, many of the Indian sourcing giants seem to be increasing their onshore hiring to bypass visa uncertainty. For example, Tata Consultancy released a statement in mid June noting that it will hire more than 1,200 onshore personnel this fiscal year. Similarly, Infosys has plans to hire 1,500 U.S. citizens and Aegis recently announced plans to hire approximately 10,000 U.S. citizens over the next three years. These announcements are evidence of an increasing trend toward staffing more work locally with U.S. citizens.

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Horses for Sources recently published the output of a study which showed that buyers of outsourced services are saving money, but aren’t seeing a whole lot more.

The report stated that over 95% of current buyers of outsourced services view their outsourcing engagements as effective at reducing their operating costs. However, the report also showed that 30% of buyers consider their outsourcing initiatives as being ineffective in giving them access to new business process acumen, and 35% thought that their relationships with their service providers were ineffective in providing new and creative methods of achieving business value.

This begs the question: does the cost of implementing innovation and other value-add services from a supplier impact the cost savings associated with the outsourcing? Or can clients have both cost savings and innovation?

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In part one of this post, we examined the challenge of discussing IT demand in terms meaningful to our internal customers. That accomplished, the CIO’s organization must next fulfill that demand by acquiring, integrating and delivering the appropriate service(s), whether sourced internally or from the marketplace. Imagine for a moment the perfect world, one in which we would be able order the supply-side components of an IT solution where each provider would stand behind the complete realization of an intended outcome (for example, a provider of midrange server operations would put its fees at risk if the total IT solution didn’t, say, increase inventory turns). Back on the ground here in Kansas, however, we recognize that no party providing much less than a total solution (business process and underlying capabilities such as people and technology) would be willing to sign up for a business result. Furthermore, the current trend towards multi-sourcing puts such a total solution (and the business outcome coverage) even farther out of reach. And if the provider of one solution component would commit to the entire business outcome, would we really have faith in that guarantee anyway?

So on the supply side, we tend to be left with “traditional” service level agreements (SLAs), measuring the elements IT performance. Now, that’s not all bad. If we understand (and the provider can perform to) such SLAs, we should in theory be able to architect a solution based on the sum of those individual components. But theory seems to be failing miserably… so why don’t SLAs work as well as they should?

While there can be many shortcomings to SLAs, some are not so obvious. Most SLAs, take server availability, for example, adequately describe the level of quality we require for that part of the solution and are also useful in measuring the performance of the provider. But what if the production problem was a failure of redundant load balancers (yes, this really happened)? Oops –didn’t think to make that an SLA (hey, it was redundant!) — and the service provider gets off scot-free while the customer is angry and frustrated. Or how about the ability of the service provider to onboard the right project resources (e.g., skills, seniority) in the right timeframe. Believe it or not, I know of a case where the timeframe for getting a particular resource is over a year … and counting! Did the customer have that SLA in the contract? No, but access to specialized skills is a realistic expectation of a Tier 1 service provider and a factor that materially contributes to successfully meeting demand. The point is we can’t measure (and don’t want to try to measure) all aspects of a provider’s performance that may possibly impact the IT service (and hence, the business outcome). What we want from our providers is just a good, reliable service – what we signed up for. So what can we do to get the results we expect, when the dimensions of performance are as often qualitative as they are quantitative? Some different thinking is in order!

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For most enterprise customers, telecommunications regulation is a fact of life, requiring buyers to do what they can during negotiations to mitigate changes in state and federal law that could result in substantial cost increases during the term of the contract. Now, the Federal Communications Commission (FCC) is considering sweeping changes to mostly obscure rules concerning inter-carrier compensation and universal service that could have a large dollar impact on your future telecommunications purchases. These proposed changes come at a time when – and directly as a result of – enterprise customers are converging voice and data over Internet Protocol (IP)-based broadband networks and making greater use of wireless services.

Inter-carrier compensation is basically what carriers charge each other to originate or terminate traffic on another provider’s network. Telecommunications — including voice traffic that transits the public Internet or managed IP networks — is unique in that multiple service providers are usually required to complete a voice call. Rarely do calls (except possibly those in a corporate campus environment) originate and terminate on the same provider’s network. Compensation arrangements vary by geography and technology — with local traffic having one rate, intrastate calls a second rate and interstate calls a third rate. There is a separate compensation structure for wireless traffic, and IP-originated traffic (coming from broadband networks) has created another level of confusion (and a number of lawsuits). Per minute charges range from $0 to $.03 cents. The impact to large customers, is, ultimately, these costs are included within the rates charged to end users.

The FCC would like to rationalize these charges and eventually either make them go away all together or have them at a very low per minute rate — for example, $.0007 per minute, which has been accepted by many in the industry as the default rate for the termination of local traffic. The problem is that many mid-sized and smaller local phone companies claim to use these revenues to subsidize local rates in high cost-service areas. As these often rural local carriers offer more IP-based broadband services, questions arise whether these charges should continue at all.

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Typically, Suppliers ask for cost of living adjustments (COLAs) in IT outsourcing agreements to adjust prices periodically for inflation. We believe that the general assumption that a COLA is appropriate to “balance risk” in a three to five year IT deal should be challenged.

The Supplier community is highly sophisticated at managing a global workforce and associated delivery costs. They know their local labor markets (the source of most inflation) and, at least in the IT services domain, are adroit at managing labor cost and turnover. For example, for services delivered from India in particular, labor rate pricing has been flat over recent years in the face of sustained increases in labor costs. During this same time, Supplier margins have also been relatively constant. Why is that, and what are the implications for considering a COLA provision?

Suppliers have managed their non-labor costs extremely well though better expense management and economies of scale. In addition, by constantly moving into new labor markets, the large providers have been able to keep the cost of newer resources relatively flat. And they do all this while constantly cycling resources through their client accounts to replace the more experienced/expensive resources with less experienced/cheaper resources. Therefore, while the resource that was on the account last year may be more expensive this year, that resource has typically moved on and been replaced by a resource that cost the same as the prior one did last year – or even less if the resource is from a different geography.

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On April 13, 2011, the Indian Central Government issued final regulations implementing parts of the Information Technology (Amendment) Act, 2008, dealing with protection of personal information.

Pillsbury does not provide legal advice on Indian law, but we have been in contact with the Indian legal community and service providers. Here is what we have learned.

As drafted, the new Reasonable Security Practices and Procedures and Sensitive Personal Information rules appear to apply to all information in the possession of organizations in India, regardless of where it came from or how it got there.