find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Exclusivity should be non-negotiable when outsourcing your tenders

Exclusivity should be non-negotiable when outsourcing your tenders


In Australia, outsourcing a B2B tender will cost a professional services firm anywhere from $10,000 to $60,000, depending upon the scale and complexity of the request for proposal, whether you engage a freelance consultant or a larger agency, and the time-frame and number of people required to resource the bid, writes Jacqueline Burns.

It sounds like a lot of money yet the return on that investment can easily be many millions of dollars over the course of a three-to-five-year contract.

Tenders are high risk, as well as high return.

Given the stakes, why would a professional services firm outsource a tender to an agency that is also advising its competitors? These firms are conditioned to be on high alert for conflicts of interest. Their clients and prospects demand transparency, coupled with the safeguards of policy and process, to protect them from conflicts, whether real, perceived or potential. It's non-negotiable.

Conflict of interest (noun)

1. a situation in which the concerns or aims of two different parties are incompatible.

This is why it's astounding (to me, at least) that the same firms neglect to screen for, or are unperturbed by, conflicts of interest when outsourcing their business development. It's as though they've collectively convinced themselves there is only a handful of providers from which to choose.

I recently heard of an agency that is managing a large private sector tender for as many as four firms. Four competitors, each vying to win the same contract. Each being advised by the same agency – potentially by the same consultants.

Exclusivity should be a fundamental expectation when outsourcing a tender or any strategic element of your business development.

If the four firms are aware of the current situation, I have to question their decision-making.

If they're unaware, I have to question the priorities and principles of the agency.

Jacqueline (Jaci) Burns is a B2B marketing steward and strategist who specialises in services, solutions and intangible products. Her agency, Market Expertise, provides the full suite of marketing services to businesses in the professional services, financial services, technology and adjacent sectors. Jaci is an established columnist and freelance contributor, who writes about marketing, technology and management issues.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Exclusivity should be non-negotiable when outsourcing your tenders
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Quentin Bryce
Oct 18 2017
DV has worsened in a generation: Quentin Bryce
Former governor-general of Australia Dame Quentin Bryce AD CVO has spoken of her deep distress about...
Oct 18 2017
Academics entertain the idea of law without lawyers
Researchers from Queensland will explore some of the most disruptive trends tipped to transform the ...
Please, Continue (Hamlet), Melbourne Festival
Oct 16 2017
Hamlet suffers slings and arrows of top Victorian barristers
Victorian judges and barristers have performed the unique play Please, Continue (Hamlet) at the Melb...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...