Outsourcing & Procurement

As trusted advisers to a wide range of public and private sector clients, Henry Davis York's Outsourcing & Procurement team has an in-depth knowledge of the technology and the functions, capabilities and processes typically being outsourced.

We apply the insights from our commercial experiences to understand the imperatives of both customers and suppliers, and can quickly identify those issues which routinely require negotiation.

Overview

We understand our clients' industries

Our breadth and depth of knowledge spans the information technology, telecommunications, banking, insurance, funds management, property, employment, manufacturing, construction, mining and retail industries along with the Government sector.

Clear and commercial advice

We are conscious that providing appropriate legal advice to clients means more than ensuring that it is legally correct and given in the context of the commercial risks and internal escalations of a particular project. We strive to provide practical solutions to legal problems and quantify the likelihood of risks from the outset and support our explanation with relevant examples.

Expertise

Our outsourcing and procurement expertise includes:

  • information technology
  • telecommunications and business process 
  • planning and structuring first time outsourcing and procurement initiatives 
  • varying, renewing or renegotiating existing agreements 
  • structuring and managing subsequent (second generation) outsourcings (including multi-sourcing strategies)
  • negotiating outsourcing agreements with suppliers.

Credentials

RailCorp

We have assisted NSW public transport operator RailCorp on a number of technology and procurement projects under its Board-sponsored Business Finance Improvement Program. A key initiative in 2009 was the Time Capture to Pay project which involves the acquisition of end-to-end time capture, attendance management (including award interpretation), labour costing and payroll processing and management services. We are also assisting RailCorp with the tender for a new rail timetabling solution.

Westpac Banking Corporation

We have a long relationship with Westpac Banking Corporation. Our more recent technology matters include:

  • procurement of media related services including analysis and advice, the formulation of media buying strategies, negotiation with media organisations, and purchase of media, on the Westpac Group's behalf
  • Westpac Banking Corporation's agreement with Sterling Commerce for the license and support of secure file transfer software to interface between Westpac Banking Corporation and the Reserve Bank of Australia
  • Westpac Banking Corporation's agreement with NAQ Technology for the licence and support of software used in the provision of deposit bonds
  • Westpac Banking Corporation's agreement with Navita Systems for the development of trading systems for global energy markets
  • procurement of a web-based solution to enable transaction processing services in respect of Westpac Banking Corporation's wealth management products
  • procurement of facilities management services.

Woolworths

We acted for Woolworths on its multi-billion dollar fuel supply agreements with Caltex Australia and on associated elements of the Woolworths/Caltex alliance. The focus of these agreements is the supply of petroleum products at co-branded Woolworths/ Caltex sites throughout Australia, including associated branding into Woolworths. These contracts are one of the largest procurement contracts entered into in Australia.

MasterCard

We acted for MasterCard on the provision of a payment transaction processing and data centre facility to a new joint venture payments processing company, Strategic Payments Services. This included advising on, negotiating and documenting the contract for the provision of a primary facility and a disaster recovery facility.

We have also recently advised MasterCard on its agreement with Cybertrust for the provision of information security specialist support, audit and consulting services and qualified security assessments in respect of the Payment Card Industry Data Security Standard.

Publications