Alternative Ulster

If you do the Twitter thing, follow me at @HousingITguy or LinkedIn here https://uk.linkedin.com/in/tonysmiththathousingitguy

I have recently come to the end of a few procurements I have been assisting clients with, for full Housing Management Systems and Digital Platforms. The final stage is ‘Contract Finalisation’, where the software/system solution purchase is recorded legally. 

A bit like a mortgage agreement or contract of employment. Perhaps of all these, only a mortgage is so set in stone, others have the possibility of clauses being dropped, modified, strengthened/watered down etc, based on mutual agreement.

Where a CCS/DAS Government framework is being used, like RM3821, a standard contract is supplied and generally the basis of what can be agreed. Framework contracts do try to be everything to everyone however, whether procurement of 500 Capital Work kitchens or a £1.2m 5 year software contract. As a by-product of that, liabilities are often set very high, to offer very strong protection for buyers, the Contracting Body.

Outside of Frameworks, I would never advise a client of mine to just accept or start from a suppliers template contract. It will undoubtedly be very biased in favour of the software provider, often demanding lots of front loaded up front payments and limited (if any) penalties for late delivery or ‘time of the essence’ style clauses. Most projects I see later, when clients get me in to sort out implementations that have gone wayward, have few contract protections. Always engage experienced software contract solicitors to assist, it will be worth the £8-12k required.

Recently on the subject of ‘when contracts go wrong’, you probably cannot have missed the recent shenanigans in Northern Ireland, around the Northern Irish Protocol, which was agreed as a condition of the UK Brexit. This like a software contract, is legally binding. While most of us recognise we have a liar of a UK Prime Minister, who even wrote his lies on a big red bus and got away with it, the NIP is written into law in black and white. In the same way a mortgage defines how we will make payments to our lender on a periodic basis, the NIP has defined clauses.

The story fed to the people has become that the EU are ‘applying rules and clauses too rigidly’, which is unreasonable. Our UK government never thought ‘Oven Ready’ rules would be applied to the letter and hoped they could be watered down later. Great wishful thinking!

Funnily enough in contract discussions, I often see pushback on clauses, with suppliers suggesting, ‘Well that would never happen and we would never invoke that’ etc. The suggestion is that the contract could be overridden by a shake of a hand, over a few double brandies, or a nice slap up dinner. Nothing is further from the truth and always the contract clauses included are king. Never believe otherwise. If I have ever encountered that, I have always argued that we should leave it in and I am sure the goodwill will work just as well, in the opposite direction. Stick to your guns, as I promise you, contract changes after the event might well have to wait five years and be very costly later.

When clients get me in to help turnaround projects that have gone pear shaped, maybe in their 3rd or 4th year, or 200%+ over budget, my first move is to review their contract. Hopefully it’s got clauses that safeguard my client and we have adequate teeth to bite the supplier with. Of course, it’s better to get the procurement and contract right from day one. A lot of my clients do that with me and see me as a Critical Friend right through the implementation, experience on tap economically as required

It’s a shame our UK government post December 2019 had surrounded themselves with ‘yes men’, otherwise someone could have unpopularly pointed out the follow of the approach and trouble could be expected a few years further down the line.

If we at Acutance Consulting can help your organisation with procurement or projects that may have gone off track, please just get in touch, for a chat over a brew. 

I will bring the chocolate gingers ☕😉

       Related Post:Critical Friends can seem expensive, but can save many more costly mistakes

Catch the blog monthly archive at https://soundcloud.com/housingitguy/

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I would be pleased to connect with you on LinkedIn - http://uk.linkedin.com/in/tonysmiththathousingitguy Message me with any issues or queries, you would like to be explored in this blog. We generally receive a couple of suggestions each month.

Stiff Little fingers – SLF - Alternative Ulster.
(c) Tony Smith, Acutance Consulting www.acutanceconsulting.co.uk 07854-655009


Access a quick list of our Social Housing ICT blog posts here

Could we help you or your organisation? Our contact details are here , get in touch we will be pleased to chat about your problems and help with your organisation issues.

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Sweet Bird Of Truth

If you do the Twitter thing, follow me at @HousingITguy
or LinkedIn here https://uk.linkedin.com/in/tonysmiththathousingitguy

Good to see the back of that recent election campaign, with so many questions of trust.

It made me think this week as I was writing a guide to scoring tender ITT questions. Its human nature to give people the benefit of the doubt I guess, but its always so for suppliers wanting higher scores to game the system.

Higher scores always means a greater chance of being chosen, snagging the deal, making the sale. Sometimes suppliers don’t help themselves. They don’t perhaps know their solutions as well as they should, or use imagination when answering. Not that I am advocating suppliers to be dishonest, just that they show solutions in the right light. Suppliers should know their solutions and its advantageous that they also know something of how their customers use them too.

Demonstrations too are places where questions need to be accurately answered. Its not like at a general election when pretty much anything can be promised. Your project which will most likely cost you hundred thousands of pounds, will rely on getting straight answers. Fail in this and you will no doubt encounter expensive change control later or disappointment.

So how do you ask a good question?

Well in a lot of cases, make it closed and needing a Yes or No answer. There’s many ways to divert a question, but if its not answered, ask it again and again. For me, I would rather a supplier fess up and say ‘sorry we don’t currently do that’, than try to bluff it out. There’s no shame in saying no and just moving on.

Where it needs to be a bit more open, ensure the answer relates to the original question asked. Where a supplier is on shaky ground they can use a few avenues, just like politicians spookily enough.

First of all is ‘Whataboutism’. If the answer is more of the ilk of ‘Don’t think about that’, ‘Think about this other (unrelated) thing’, you are suffering ‘Whataboutism’. In politician speak, a question about the last administrations 9 year record would be responded to with, “Yes but what about, what that lot did in 2008?”. When answered in this way, your attention is diverted and you don’t get a satisfactory answer. 

Second, beware of repetitive slogans. This election was dominated by ‘Oven ready’, ‘Get Brexit Done’, which people find easy to swallow and remember, but who can tell you what the detail is behind either of those? I have sat through demos where multiple times, suppliers have said “Everyone is buying our solution” or “It’s the most modern out there” or "but its Microsoft Dynamics CRM 365" etc. That still wont tell me if the solution will adequately handle homeless provision, IOT connections or secure two factor authentication, (or whatever you really need).

Third, beware getting answers to other questions other than the one(s) you asked. The political equivalent is when asked about “Why NHS performance is so poor?”, someone answers, “We will build 40 hospitals”. Now that doesn’t help answer the original question, but how many staff on your evaluation panel might think that was ok. If you ask for instance, “Do you have an interface with Mobysoft RentSense or replace it” and the answer is “We are writing our own predictive reports module for arrears”, you have suffered this little gem.

Fourthly, beware exaggeration.

Ask for examples or reference sites you can speak to who back up claims. They can be as illusive to obtain as the proverbial ’Rocking Horse Shit’ at times. Remember too, it’s not wrong or bad, to doubt. Was the supplier mistaken? Maybe they misheard your question. Its always in your gift to give them the benefit of the doubt....

So when assessing candidates, to supply your new solutions, think carefully about their answers. Your project may rely on it. I have helped over seventy organisations, pick their way through getting the right solutions from suppliers. If you need help from a sensitive and no nonsense Critical Friend, for your project, just get in touch.

Related Post: What are the key procurement questions to ask?  

_/_/_/_/_/_/_/_/ *** Join the discussion with Claire & Aiden *** _/_/_/_/_/_/_/_/

I would be pleased to connect with you on LinkedIn - http://uk.linkedin.com/in/tonysmiththathousingitguy Message me with any issues or queries, you would like to be explored in this blog. We generally receive a couple of suggestions each month.

The The – Sweet Bird Of Truth.
(c) Tony Smith, Acutance Consulting www.acutanceconsulting.co.uk 07854-655009


Access a quick list of our Social Housing ICT blog posts here

Could we help you or your organisation? Our contact details are here , get in touch we will be pleased to chat about your problems and help with your organisation issues.
File Under: #HomesForBritain,#HousingDAY,#InternetOfTenants,#Shout,#UKHousing, 07854655009, 1st Touch,1stTouch,360,365Agile,3squared,4Js, ACL,ALMO,AMS,AX,Aareon,Abritas,Academy,Accuserv,Accuserve,Active Housing,ActiveH,ActiveHousing,Acutence,Advanced,Agile,Agile365,AirWatch,Alignment,Allpay,Amazon Web Services,Anite,Apex,App,ArchHouse,Archouse,Asprey e-state pro,Asset Management,Associates,Aurora,Average IT Costs,AWI SX Integration Toolkit,AWS, BI,BO,BPR,BancTec,BigChange,Blockwise,BluTek,Bluebox,Blueprint,Browser Applications,Business Objects,Business Planning,Business Process Review,Business social networking, CACI,Capita One Housing,CBL,CCS IT Keystone CCSIT,CHICS,CHR,CIH,CMS,COA,CORE,CPL,CRM,CRM2013,CRS,CTI,CTX,Cadcorp,Capita,CapitaOne,Capita One,Capital Management,Cashflow,Castle,Castleton,Castleton Technology,Cedar Open Accounts,Cerrus,Change,Charges,Chartered Institute Of Housing,Cheaper Housing IT,Chics, Citrix,Civica,Civica CTX,Civica Cx,Civica Genero,Civica Saffron,Clearview,Clik,Cloud Dialogs,CloudDialogs,Coactiva,Codeman,Comino,Commontime,Community Reward Services,Company,Competitive Dialogue process,Component Accounting,Consilium,Consolidation, Consultancy,Consultant,Consultants,Contact Manager,Context,Contractor Systems,CorVu,Cost Reductions,Covalent,Crystal Reports,Customer Relationship Management,Cx, DRS,Deeplake,Designer Software,Development Systems,Director,Document,Documotive,Dynamic AI,DynamicAI,Dynamics 365, ECMK,EDM,EDRMS,ERP,ESRI,Elmhurst,Enghouse Interactive,England,English,EnterpriseBI,Estatecraft,Etive,Exhibition,Exponential-e, Facebook,Factorwise,Field Service management,Finance,Financial Systems,Financials,Footprint,Forms,Freezes,Fusion, Gas Tag,G-Cloud,GCloud,GDPR,GGP,GIS,GasTag,Genero,GeoSolveIT,Getting best from,GoTonySmith,Grasp,Grip,Group Apex, HFI (Housing Financials interface),HG,HRA,Hardware,Hitachi Systems,Hitex,HomeMaster,Hometeam,HouSys,House,Housemark,Housemark survey,Housing,Housing Contact,Housing Group,Housing Insight,Housing Management,Housing Management Consultant,Housing Partners,Housing Portfolio Management System,Hub Asset Management, Housing Support Pro,HousingIT,HousingSupportPro,HyperOptic, IMS,IT,IT Budget,IT Training,ITIL,Impact Response,In,In4,In4Systems Promaster,InfoBoss,InHouse,InMotion,InMotion2015,InMotion2016,InfoBoss,Infoflow,Information,Information Technology,Information@Work components,Informix,Innovation, Informetis,Inphase,Inside Housing,Insight,Internet Portal,Internetalia,Invu,Ireland,Irish,itLab, Keyfax,Keylogic,Keypera,Keystone,Kirona,Kypera, Landlord,Ledgers,Linkedin,Liquid,Locality,Localz, M3,MAVIS,MD,MDM,MI,MIS,MIS-AMS,MISCS,MRI,MS Dynamics,MS Dynamics CRM2011,MWL,Management,Management Server,Manifest,Measuring,Mebus,Microsoft Dynamics 365,Microsoft dynamics GP 2013,Miracle,MobileIron,Mobysoft,Monopoly board images and pictures,Montal,Mr Void,MriEngage,MrVoid, NDL,NINTEX,NINTEX workflow,NPS,NPS ASSIST,NPS Housing,NPS Job Manager Mobile,NROSH,Natural,Neighbourhoods and Communities,Nintexworkflow,Northgate,Northgate Codeman,Northgate Public Services,Notice, OA,OGC Buying Solutions,OJEU Limits,ORS,Ohms,OmFax,Omniledger,One,OneAdvanced,OneServe,Open source,OpenContractor,OpenHousing,Opti-time,Options,Optitime,Oracle,Orchard,Outsource and outsourcing,OutSystems, PIMMS,PIMSS Data,PM,PRINCE2,Paloma,Pamwin,PanConnect,People Value,Peoplevalue,PfH,Pick,PlanForm,Planned maintenance,Plus,Portfolio Management System,PowerObjects,Pro,Pro-Points,Prodo,Progress,Promaster,Propoints,Proval,Providers,Pyramid, QL,QuantSpark,Qube,QLX,Qlikview,QueryView,Queryview reporting,Quiss, RM865,ROCC,RPs,RSL,Rave,ReAct,Reality,RedkiteCRM,Red Olive,Registered,Registered Social,Rent Increase,RentSense,RentSenseLite,Repairfinder,Reporting,Reports,RobotAutomation,Rocket, Salesforce,Salesforce.Org,SAP,SASSHA,SDM,SHBVN,SM,SOTI,SP,SQL,SQL Open Housing,SQL Reporting,SQL Server,Saffron,Safron,Saturn,Scenario,Scotland,Scots,Scottish,Scout,Sequoa,Serengeti,Serros,Server,Service,Services,Servitor,Sharepoint,Sim,SimPro, Simdel,Simdell,Slash and Burn,Social Housing ICT,Social Housing Software Applications,Social Media,Software,Software solutions,Spotlight Service,Spotlightservice,Star rating,Stores and Stock,Strategic,SunAccounts,Sunguard,Surveys, Swordfish,Sx3,Symatrix Human,System alignment,Systems,Systemwise, T-Files,TEAMS,TED,TFiles,TP Tracker,TSG,Tagish Casework,Tagra,Task,Technologies (India) PVT Limited,Telecetera,Template,Terminal Services,That,Three Star,Today,Tony Smith,Tony Smith That Housing IT Guy,TonySmith that housing IT,TonySmithHou,TonySmithHousing, ,TonySmithHousingITguy,Total,Total Mobile,Totalmobile,Trace,Tribal,Twitter, U2,UC,UK,UK Housing,Ukhousing,UniClass Enterprise,Unidata,United Kingdom,Universal,Universalcredit,Universe,Unrest, Valueworks,Van Stock,Vantage,Vantage Sentinel,Version,Virtualisation,Visualmetrics,Voice,Voice and data,Voluntas, Wales,Welsh,Wheatley,Windows Server,Workflow and,Work Hub,Works Connect, XML,Xen App,XenApp,Xmbrace, ...
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Red Framework, White Light

If you do the Twitter thing, follow me at @HousingITguy
or LinkedIn here https://uk.linkedin.com/in/tonysmiththathousingitguy


Last week I had an enjoyable day down with Devonshires, at a session at their London Finsbury offices, near Moorgate. It was great to meet some existing contacts and a lot of new twitter followers in person. Some looked a little older than their profile pics I have to say 8-)

I have worked well with Gareth and his team, when working for recent clients I have been helping procure, and on the supplier side of the fence. The session was to look at some of the rules around OJEU, getting the most from procurement and particularly the wording of contracts.

The session at Devonshire's Moorgate office

A majority of IT and Telecoms procurements, these days can use Open or Restricted procedures. Few are blue sky enough, in order to really warrant the flexibility of Competitive Procedure with Negotiation (CPN), or Competitive Dialogue Procedure. Key takeaway was the watchword is transparency at all times, in order to maintain a level playing field.

Questions from the thirty or so attendees, from across the socialhousing sector, were very interesting. Frameworks came up, which was interesting as just about all HMS providers are now on RM1059 and other related ones. The question was could a contracting authority buy directly from a solution on a framework? Would this be guaranteed to represent best value?

The easy answers are yes and possibly.

While buying directly from a framework is possible, particularly for a HMS, could an organisation really confirm that the 'value for money' box is ticked, without really testing the market to a sufficient degree?  In some cases, for certain solutions, I have seen a cost differential of up to a factor or over ten times. That is a possibility of paying 9 times over the odds for similar functionality. RSL's can build a lot of new homes, refurb' many kitchens & bathrooms, and provide varied neighbourhood improvements for that. 

That is one of the reasons that a procurement penalty shootout might still be the best, even if a framework is available. Think carefully and be sure you are really ticking the VfM box.

... Also keep an eye out for the CCS 'Mystery Shopper'.
  

Catch the blog monthly archive at https://archive.org/details/@housingitguy

Related Post: Is getting to Go-Live, your chase to the finish? 

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I would be pleased to connect with you on LinkedIn - http://uk.linkedin.com/in/tonysmiththathousingitguy Message me with any issues or queries, you would like to be explored in this blog. We generally receive a couple of suggestions each month.


Orchestral Manoeuvres In The Dark - Red Frame/White Light.
(c) Tony Smith, Acutance Consulting www.acutanceconsulting.co.uk 07854-655009


Access a quick list of our Social Housing ICT blog posts here

Could we help you or your organisation? Our contact details are here , get in touch we will be pleased to chat about your problems and help with your organisation issues.
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