Posts Tagged ‘outsourcing agreements’

Reverse Logistics 3PL Contracts

Reverse logistics is a part of the supply chain that is often outsourced to 3PL’s.  Many companies with large sophisticated logistics departments outsource returns management because they do not have any expertise in processing returns and the return center operation can stand on it’s own, outside of normal supply chain operations.

In addition, companies outsource reverse logistics operations for many other reasons. Some need quick expansion and don’t have the manpower nor the infrastructure in place to expand as needed. Others are looking to cap exposure to worker comp expenses, inventory shrinkage, or hiring costs when starting up a new operation.

All of this can be done by outsourcing to a qualified third party logistics organization (3PL). However, to do this successfully the 3PL agreement must clearly articulate the level of service (LOS) goals, budgets, and the other metrics. LOS goals used by the 3PL must be in alignment and support the company’s goals. The incentive systems and payment terms for performance must parallel and support the same financial impact on the outsourcing company.  In other words, contract terms and conditions must incentivize the 3PL to perform the stated duties in a manner that is in the best interest of the company.

Outsourcing return center management to a 3PL usually goes badly for one of four reasons:

  1. The level of service requirements and scope defined in the contract are not in alignment with the financial justifications used to outsource initially.
  2. The recovery rates on returned inventory, which justified higher 3PL costs and fees, are below expectations.
  3. The volume and timing of the flow of returns is much higher and more condensed than anticipated, causing problems with customer service, space, and escalating processing costs.
  4. The contract does not provide the flexibility necessary for a reverse logistics operation.

Many companies new to outsourcing don’t include key metrics in the contract. Often they don’t have good benchmarking data for items such as damage rate, inventory shrinkage, annual inventory turns, and thru put numbers to ensure they are getting what they expected from the 3PL returns operation. These details have to be carefully spelled out along with who will be responsible for the associated costs if the LOS goals are not met.

Reverse logistics operations are much different than distribution operations or transportation.  The contract that governs outsourcing to a 3PL must be specifically designed to ensure these differences are addressed.  Many executives new to outsourcing returns to a 3PL make a big mistake by using “the standard outsourcing agreement” used when outsourcing warehouse operations.  Reverse logistics contracts must provide flexibility to the 3PL and that must be reflected in the financial terms and conditions.

Remember, nobody orders returns.  You don’t know what you will get until it shows up at the door.  It isn’t a good contract unless it is flexible. 3PL outsourcing agreements should include language addressing how costs will be paid based on a wide range of unique returns related metrics, the biggest of which is volume. Many companies use volume bands to calculate variable costs. Some companies use a fixed dollar fee for the provider.  Many 3PL contracts are cost plus with a budget cap. All of these methods can work in the right situation, with the appropriate means of adjusting the T’s & C’s built into the contract.

There are two reasons for signing a contract with a 3PL when outsourcing reverse logistics. The first reason is so there are clear terms and conditions for running the operation and billing.  The second reason is to have a framework to dismantle the operations if it fails.

Many companies that outsource don’t seem to think about the details and what they are going to do if they have to fire the service provider. Make no mistake, terminating a contact with or without cause can cost millions. You need to think about what happens to the inventory, the capital equipment, the building, ongoing worker comp issues, shut down and closing costs and what you are going to do after the 3PL is gone. All of these and many more issues need to be considered and you must spell out who is liable for each issue under each scenario. Once you’ve decided to end the relationship, you could save yourself millions if the contract addresses the shut down process correctly. There are many valid reasons to outsource reverse logistics to a 3PL. The key is to have a good contract that will protect everyone’s interest, achieve the original goals that drove the decision to outsource, and ensure a win/win relationships between the parties.

Are You Overpaying On Your 3PL Cost Plus Contract?

For the last 15 years the Third Party Logistics industry (3PL’s) have been growing at an average rate of 15% annually.  More and more companies are outsourcing pieces of their supply chains to 3PL’s.  They do this for three primary reasons:

  1. The function outsourced is not the company’s core competency
  2. Outsourcing provides speed and flexibility
  3. To save money

Often, the structure of the agreement between the customer and their 3PL partner is cost plus.  This can come in a number of tailored formats but for the most part, the 3PL is paid their cost plus a management fee.  While fees vary based on the service provided, costs are suppose to be what the 3PL paid.  Here is where many companies overpay.  For most, this overpayment could be avoided by asking a few questions upfront and checking the bills a little closer  throughout the life of the contract.

As stated earlier, cost plus contracts are set up to charge the customer for actual costs paid for goods and services plus a fee, which is ideally the profit for the 3PL.  There are four areas that companies should consider, both when negotiating the agreement with the 3PL and when paying the 3PL’s invoices.

The first area to focus on is benefits.  Unless specified in the contract, benefits charged on wages should be the actual cost of the benefits.  That means that rebates that the 3PL  gets on health insurance and workers comp should be credited to the customer.  If you are charged a “standard percentage” and you don’t ever get a rebate, but the language in the contract says nothing other than cost plus, you are being over charged.

If, however, the contract stipulates that there is to be a standard percentage applied to wages for these categories, then the charge would simply be the percentage applied to actual wages.  Remember, in many operations hourly wages can be as much as 40% to 55% of total operations costs.  If you are charged a couple of extra points over cost of benefits, that could be a lot of money during the life of the contract.

The next area to consider is temporary labor charges.  Many temp agencies offer rebates to 3PL’s based on volume over  the quarter or year.  As the customer, you have the right to see the agreements and call the temp agency to discuss the specific arrangements.  If there is a rebate from a temp agency, or from any supplier for that matter, in a cost plus arrangement, you have the right to your share of the rebate.

Many operators also provide systems and systems support.  While support typically is based on a percentage of software license cost, the actual systems license costs are much less direct, and in reality are in large part profit.  You will hear arguments that the license costs have to cover a lot of R&D, overhead, and other indirect costs you, the customer will never see.  Truth is it is profit.  You should not pay management fee on this. This is one of those areas that should be addressed up front.  If it isn’t spelled out or included as a line item on a budget, you should not be charged a management fee.

The last point to look into is corporate allocation or charges for overhead.  Like some of the topics above, unless this amount is clearly defined as a percentage of total costs or something similar, it should be the actual costs.  The big mistake that many make, however, is that they pay a management fee on top of a corporate allocation / overhead.  In effect, you are compounding the fee paid to your provider.

Most experienced supply chain executives throw out charges associated with corporate allocation / overhead right from the start.  You should have one fee to negotiate.  Don’t allow yourself to be put in the position of negotiating two, three or four fees depending on the activity.  This is a tactic used by some 3PL’s to simply make more profit.

There are many areas that companies must watch out for when negotiating and managing their 3PL agreements.  Hopefully you have these four critical components in control.  If you aren’t sure, at least you know where to start looking.

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