Commercial And Contract Manager

Job Title: Commercial and Contract Manager

Job location: Atlanta, Dallas, Houston, Chicago, or NYC   

Job description:

The Commercial and Contract Management Team is a dynamic and rapidly growing organization. Committed to excellence, innovation, and client satisfaction, we are expanding our team to meet the demands of our evolving landscape. As we continue to lead in Commercial and Contract Management, we are seeking a talented and ambitious individual to join our team.

The role of CCM (Commercial and Contract Manager) in engagements is to be an active member of the Client Account Team, part of governance, helping the Client Partner and the Delivery Executive to achieve and, where possible improve on, the revenue, contribution and growth expected from the engagement when negotiating and over the duration of the contract.

For new deals, the role of CCM in bids (Pre-Sales) is to support Sales, Client and bid teams to shape and sign a deal that is manageable during the delivery phase and, consequently, will achieve the approved revenue and contribution and can be leveraged to generate additional bookings, revenue and margin over the duration of the engagement. This includes making sure that the services, SLA, project plans and other delivery commitments and obligations are clearly described, avoiding the potential for scope creep, and confirming that the contract is consistent. The CCM also works with other SMEs to assess risk and make sure that mitigations can be put in place and, where this is not possible, the risks are well understood so that the business is able to make informed decisions while remaining competitive.

From a post-sales perspective, CCM works with the Client team to identify and implement opportunities to reduce cost and/or improve margin (e.g., optimize rate cards, revise volume baseline/dead bands/P x Q models). CCM also drives compliance to the contract by tracking obligations & contractual commitments, monitoring and driving compliance to policies, regulations, Data Privacy procedures, Security frameworks, etc., tracking implementation of risk mitigation actions whether from the bid (e.g., risk log, GRB, LCF, etc.) or as identified during the engagement. New SOWs, amendment, change orders, etc. also flow through the CCM organization, leveraging an efficient industrialized approach to these aspects.

The CCM role requires interaction and collaboration with all key stakeholders within Capgemini (including as needed Sales, Delivery (projects and services), Legal, Finance, the regional MU, GBL, SBU and Group functions) and on the client side (including as needed client's CCM function and their advisors, CIO and IT function, business stakeholders). The CCM is required to establish a strong commercial relationship with the client. In some cases, the CCM member/representative may be named as a Key Person (or equivalent) in the contract.

The activities of a CCM include:

New Sales :

  Deal shaping and commercial strategy

o Devise commercial strategies to enhance the competitiveness and profitability of sales initiatives

Prepare comprehensive responses to proposals, ensuring alignment with client requirements

Deal manageability and assurance

o Oversee the manageability of deals, ensuring adherence to timelines and milestones.

o Provide assurance through meticulous monitoring and proactive measures to address potential risks.

Data protection and cybersecurity - assess and manage intellectual property considerations in sales deals

Assess and manage intellectual property considerations in sales deals

Contract finalization and start up

o Lead the finalization of contracts, ensuring all terms and conditions are clear and agreed upon o Facilitate a seamless transition from contract finalization to the start-up phase, coordinating with relevant teams for successful implementation

Client Management :

Participate in client governance and establish strong client relationships

Regular meetings with client stakeholders for contract reviews and other matters

Reporting on issues and risks

Reporting on contract changes both pending and completed

Managing contract renewals

Escalate internally and with client on issues and risks

Documentation & Communication Management:

Manage contractual communications as needed to comply with contract terms and to protect Capgemini's position (e.g. notices to/from client, open book, provision of certifications, etc.)

Collect and store evidence for Dispute Management

Track and keep up to date, information shared with clients

Contract Awareness:

Coordinate and put in place Capgemini internal contractual agreements (MOUs, iSOWs, MICAs)

Provide further detailed contract training (in collaboration with Legal where needed) to the engagement team including drawing attention to the scope of the services, engagement risk log, relief and excusing clauses, charging model, impact of contract changes and opportunities to sell additional services

Take measures to improve awareness levels of engagement team on the scope and limitations of our termination support and/or any re-procurement support obligations

Contract Set-Up & Governance:

Be the primary POC for all Commercial and Contract matters arising on the account/engagement for both Capgemini and the client providing support and guidance to the account team and interacting with the client as required. Bring in other stakeholders from the engagement team or from the wider business (e.g., Finance, Legal, Procurement) where needed to lead or contribute to specific matters. [Note: Legal must be engaged in all formal disputes.]

Obligation & Compliance Management

Track obligations and help engagement team to understand Capgemini and client obligations

Work with Legal to understand Legal obligations on how compliance with laws and regulations should be implemented in our accounts

Work with the engagement team and/or other stakeholders to keep up-to-date compliance with laws regulations & policies

Margin / Revenue / Booking Protection & Improvement:

Work with the engagement team to identify and implement opportunities to reduce cost and/or improve margin (e.g., optimize rate cards, revise volume baseline/dead bands/P x Q models)

Work with the engagement team to manage and mitigate risks. Record commercial risks on the engagement RAIDE (Risks, Assumptions, Issues, Dependencies and Exclusions)/Risk log

Intellectual Property Rights:

In collaboration with Procurement and, if needed, Legal, produce a briefing on Capgemini's, third parties' and the client's rights and obligations in respect of IP highlighting any non-standard provisions and/or other material topics that the team should be aware of (e.g., restricted licenses, cocreation of IP, Open-Source agreements, etc.) advertise the briefing to all new joiners to the engagement team (including external resources on a need-to-know basis) as part of awareness building

Change Management:

Identify where contract change notices are needed e.g. variation, renegotiation, scope change, new project order, new SOW, etc.

Draft amendments to contract and review work orders and change orders

Set up process to review and expedite signature on WO

Track and minimize work at risk

Dispute Management:

Proactively anticipate and manage business as usual commercial/contractual queries and disagreements in anticipation to avoid them escalating into formal disputes

Identify, collate, and provide the key documents relevant to disputes and potential disputes

Work with Legal, the engagement team and the wider business to manage the dispute resolution process in accordance with the contract

Work closely with Legal and other stakeholders to understand the risk and exposure facing Capgemini and to jointly agree a strategy for handling

Transversal Activities Outside Engagement From time-to-time CCMs will also provide support outside of their account to the wider business including as noted below:

Respond to general commercial queries/requests for commercial support from the wider business

Deliver trainings to the wider business e.g., Sales, Delivery.

o Use standard training materials where these exist and/or create bespoke material to meet a specific requirement

Provide CCM input to initiatives outside CCM community e.g. for Sales to Delivery

o Contribute to initiatives to improve the commercial capability of businesses (e.g. commercial input to service offers development like Cloud Migration offer, Agile development methodologies, etc.)

Skills:

Demonstrate a profound understanding of contract law and legal principles to ensure compliance and mitigate legal risks

Showcase strong negotiation skills to secure favorable terms and cultivate mutually beneficial agreements

Exhibit clear and concise communication skills, both written and verbal, to convey complex ideas and terms in a comprehensible manner

Utilize strong analytical skills to assess contract terms, identify risks, and make informed, data-driven decisions

Apply financial acumen to assess budgetary implications and analyze the financial impact of contract terms and modifications

Ability to proactively identify, assess, and manage risks associated with contracts, ensuring a comprehensive risk mitigation strategy.

Demonstrate exceptional organizational skills to manage numerous documents, deadlines, and details associated with contracts

Exhibit critical thinking skills and a proactive approach to solving problems that may arise during the contract lifecycle

Cultivate and maintain positive relationships with clients, vendors, and internal stakeholders through effective communication and collaboration

Uphold the highest ethical standards, ensuring compliance with legal and organizational policies in all contractual dealings

Apply a deep understanding of the industry to tailor contracts to specific needs and stay informed about industry trends and standards

Display flexibility and adaptability in navigating a dynamic business environment, adjusting contracts to meet changing circumstances

Qualifications:

Bachelor's degree in Business, Law, or a related field.

10 years of proven experience in Commercial and Contract management.

Certification in Contract Management (e.g., CCM) is a plus

Life at Capgemini

Capgemini supports all aspects of your well-being throughout the changing stages of your life and career. For eligible employees, we offer:

    Flexible work

    Healthcare including dental, vision, mental health, and well-being programs

    Financial well-being programs such as 401(k) and Employee Share Ownership Plan

    Paid time off and paid holidays

    Paid parental leave

    Family building benefits like adoption assistance, surrogacy, and cryopreservation

    Social well-being benefits like subsidized back-up child/elder care and tutoring

    Mentoring, coaching and learning programs

    Employee Resource Groups

    Disaster Relief

About Capgemini

Capgemini is a global leader in partnering with companies to transform and manage their business by harnessing the power of technology. The Group is guided everyday by its purpose of unleashing human energy through technology for an inclusive and sustainable future. It is a responsible and diverse organization of over 360,000 team members in more than 50 countries. With its strong 55-year heritage and deep industry expertise, Capgemini is trusted by its clients to address the entire breadth of their business needs, from strategy and design to operations, fueled by the fast evolving and innovative world of cloud, data, AI, connectivity, software, digital engineering and platforms. The Group reported in 2022 global revenues of 22 billion.

Get The Future You Want | www.capgemini.com

Disclaimer

Capgemini is an Equal Opportunity Employer encouraging diversity in the workplace. All qualified applicants will receive consideration for employment without regard to race, national origin, gender identity/expression, age, religion, disability, sexual orientation, genetics, veteran status, marital status or any other characteristic protected by law.

This is a general description of the Duties, Responsibilities and Qualifications required for this position. Physical, mental, sensory or environmental demands may be referenced in an attempt to communicate the manner in which this position traditionally is performed. Whenever necessary to provide individuals with disabilities an equal employment opportunity, Capgemini will consider reasonable accommodations that might involve varying job requirements and/or changing the way this job is performed, provided that such accommodations do not pose an undue hardship.

Capgemini is committed to providing reasonable accommodations during our recruitment process. If you need assistance or accommodation, please reach out to your recruiting contact.

Click the following link for more information on your rights as an Applicant http://www.capgemini.com/resources/equal-employment-opportunity-is-the-law

Applicants for employment in the US must have valid work authorization that does not now and/or will not in the future require sponsorship of a visa for employment authorization in the US by Capgemini.