Strenuous Contract Negotiations

We start the negotiations early in the selection process by issuing our 70-point contract questionnaire that covers the many terms & conditions we have learned are important based on over 190 past contract negotiations. We score vendor responses in a spreadsheet to review with your selection committee so they can factor contracts into what vendors they eliminate and keep in the running.

After narrowing the field to two finalist vendors (not a single "Vendor of Choice," as most consulting firms do) in our selection process, we analyze both vendors’ boilerplate contracts and concurrently negotiate terms to maximize the competitive pressure. We meet with vendor executives several times during iterative negotiating sessions, which enables them to gain support for the concessions requested with their corporate management. HIS Pros asks the tough questions on terms and conditions with business implications such as defining “then-current” rates in advance, system response time warranties, personnel right of refusal, and non-performance penalties and remedies.

HIPAA, ICD-10, MU, and other regulatory compliance issues are stressed strongly, based on terms we have successfully negotiated in the past with each vendor. We structure payment timing to reflect software testing and go-live milestones, rather than arbitrary calendar dates. Finally, we assist in working acceptance clauses, problem escalation procedures and new product price protection, to position clients favorably for the future. Throughout our negotiations, we wear the "black hat" asking the tough questions and making harsh demands, leaving you with the "white hat" for a mutually beneficial long-term relationship with whatever vendor you chose to sign with.