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Termination Services

Swingtide offers advisory services to assist with transaction management and risk mitigation for clients faced with a need to remediate or exit a current outsourcing agreement. This may involve an assessment of the current transaction, renegotiation with the existing provider, transition of services to a new provider, repatriation of the services, or an efficient, financially advantageous combination of these options.

Swingtide has extensive experience with clients needing to terminate an outsourcing relationship. Whether terminating for cause or convenience or just coming to the end of the term, these situations can be friendly or hostile and must always be handled in a way to minimize business disruption. The services often include the development of a detailed transition plan and the negotiation of a termination agreement that will govern the terminating relationship with new service levels, obligations, and pricing metrics that match what is actually being delivered during the wind-down period.

Ideal for Companies

  • In troubled or underperforming outsourcing relationships
  • Needing fact-based, actionable alternatives
  • Approaching the expiration of an outsourcing relationship
  • Lacking experience in the realities of unwinding transactions

Key Benefits

  • Fast, practical, and unbiased assessment of options and consequences
  • Seamless interface with in-house legal or outside counsel to bolster legal position with industry expertise
  • Frees up in-house resources to keep provider relationship as unsullied as possible
  • Facilitates the transition to the new service provider (outsourced or insourced) with minimal business disruption

High Level Approach & Deliverables

  • The process begins with an Exit Assessment that includes the collection and review of the information on the current state, including the contract, invoices, internal charges, operational reports, internal organization, budget, relevant third party contracts, etc. This assessment may result in the identification of claims or issues to be resolved
  • We then identify future state requirements and develop various options to meet those requirements. The options are presented in both technical and financial terms. The financial options analysis provides the foundation to make informed decisions and provides the business case for the selected change
  • Depending on the selected outcome, an RFP may be prepared, a termination agreement may be written, disputes may be resolved, and/or new functions may be established to assume the service delivery responsibility
  • The result: a terminated relationship and established future state

Outsourcing Advisory

ISSUES, LESSONS & TIPS

Maintain flexibility when soliciting outsourcing proposals

You will get a better solution if you let the provider sell what it can deliver. The different bidders’ proposals can be normalized to help you make the best choice.

More Tips