December 27, 2007
When Good Companies Go Bad
This post could just as easily be entitled, “When Small Companies Go Big.”
I know risk management is an important part of business, but I have run into several examples in the past few months where another company’s insanely aggressive staff roles — legal, procurement, and HR in particular — have driven me batty.
We have a big financial services client who, after much wrangling with their legal time, signed a two year contract with us that was based on our standard form of agreement, though modified quite a bit to their specifications. A few months into the contract, we and our client wanted to add a new service into the agreement via a simple addendum. Someone in their legal team called us up and in a near-hysterical tone of voice told us that he didn’t think the current contract with us was valid because — even though it had an authorized signature on it and had been signed off by their legal team — it wasn’t based on their standard form of vendor agreement. So we had to start over and draft an entirely new agreement if we wanted to get the new service included in the contract.
We had another long-term client who was putting us through the paces on a contract renewal. The company had grown large enough to now have a procurement department for the first time. The renewal, in the midst of a perfectly good working business relationship, took 9 MONTHS to wrap up, during which time the client was missing out on services that the business user deemed critical.
A prospect of ours was another similar company – once small, now large, now with a procurement department. This procurement department demanded the following terms from us as a vendor: an uncapped amount of services for a fixed fee; unlimited custom modifications at no cost; and unlimited liability. When we balked (mostly because we have a brain), the procurement person called back and said “Every vendor who works with us agrees to all of these terms, always. So thank you, I’ve decided this your services are no longer a strategic area of interest for us…and please don’t call the business contact ever again without going through me.” Right, I’m sure the electric company gives these guys unlimited power for a fixed fee.
Honestly. I’m not making this stuff up. I have a lot of respect for lawyers who protect their companies. And for procurement people who are trying to negotiate a good price. But when lawyers and procurement people run the show instead of taking their cues from the business people and adding value on the margin, it’s a sign that your company has a big, big problem.