Making the Deal

George Kimball and Mark W. Heaphy

Chapter 3 in Outsourcing Agreements, 2025, pp 30-81 from Edward Elgar Publishing

Abstract: This chapter contrasts outsourcing with other transactions (such as mergers and acquisitions) and emphasizes the importance of establishing a cordial, collaborative tone before exploring the phases of deal-making (assessment, selection of a supplier, then contract negotiation), the roles played by lawyers and other participants, and customers’ choices (eg, to invite competitive bids, to engage one or several suppliers). The chapter then discusses strategies, tactics, and logistics for drafting and negotiating contracts, both in person and, increasingly, remotely with online technologies. We conclude with a discussion of the roles that lawyers and other advisors play in facilitating agreements and the privileges that apply to lawyers’ professional advice.

Keywords: Outsourcing; Business Process Outsourcing; BPO; Information Technology Outsourcing; ITO; Outsourcing negotiations; Negotiations process; Bid process; Outsourcing agreements (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316984
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