Each year, the International Association for Contract & Commercial Management (IACCM ) conducts a survey of negotiated contract terms. For 2007, the top 10 negotiated terms (according to participants from in-house legal, contract management and procurement groups in 800 organizations) were:
Now, the above list seems reasonable enough to me. But I am curious about the reliability of the underlying data, as it would be very difficult for each participant to maintain accurate records on the number of negotiated terms across their portfolio of contracts. To achieve this, they would need a system in place that tracks:
There are contract creation and management systems that can track the above information. But, I’d be amazed if any organization has managed to define and systematize its contracting processes to the extent necessary to track such detailed information across its entire contract portfolio.
That said, the IACCM is to be applauded for leading the effort to define, measure and improve organizational contracting processes.