Benchmarking Provisions in Technology & Outsourcing Agreements - A Bite-Sized Guide

Introduction

Outsourcing projects tend to extend over multiyear terms and will often be heavily reliant upon technology platforms and means of service delivery.

However, as technology develops at an ever-increasing rate, how can one ensure that the pricing and service quality provisions in the relevant contract can keep pace?

One of the main tools available to the parties in this regard is benchmarking; a process to enable the relevant outsourcing agreement's provisions (and particularly its pricing provisions) to be compared against the wider market to confirm whether they remain competitive.

Such provisions can end up being very detailed, and can also be amongst the most heavily negotiated, not least because they are likely to have a direct financial impact upon the parties!

What then are the key components of such benchmarking provisions, and how do they tend to operate in practice?

What are the key areas of likely negotiation, and what are the options for both customers and suppliers of outsourced services to consider in this regard?

This short webinar will cover these issues and more.

What You Will Learn

The webinar will cover the following:

• What are benchmarking clauses and why/when are they used?
• Who does the benchmarking process?
• Key facets of benchmarking clauses:
• Agreeing the benchmarker
• Terms of reference for the review
• Information to be provided
• Setting the target threshold
• The process for the review
• Dealing with the outcome of the review
• How to address disagreements

This pre-recorded webinar will be available to view from Wednesday 23rd July 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.