Outsourcing agreements

Outsourcing is an arrangement under which an organisation contracts with a service provider to perform services that the organisation currently performs in-house or which are performed by an existing third party supplier. The outsourcing provider will instead provide those services using their own personnel and, often, facilities. This subtopic contains precedent outsourcing agreements, clauses, checklists and practical guidance on all key issues likely to be encountered during drafting and negotiation.

The outsourcing topic is divided into four subtopics, each covering a specific phase of an outsourcing transaction as follows:

1. •

   Preliminary issues—issues for consideration in the early stages of a transaction, from initial planning through to bidder selection. See Preliminary issues in outsourcing—overview

2. •

   Outsourcing agreements—precedents and detailed guidance on the key issues to consider when drafting and negotiating an outsourcing agreement (see below)

3. •

   Contract management in outsourcing—issues arising after the date of signature including governance, change and disputes. See Contract management in outsourcing—overview

4. •

   Outsourcing by type and sector—specific guidance on certain types of transaction including public sector, financial services and international. See Outsourcing by type and sector—overview

The Outsourcing transaction toolkit is a tool