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Other CRM RFP Requirements

MOST FAVORED CUSTOMER
We require that all CRM software prices shall be at least as good as those offered to any other CRM customers of the Supplier for similar goods and services provided and performed under similar terms and conditions. Any agreement shall reflect the following:

  "Supplier agrees to extend the Supplier's most favorable prices. If Supplier sells or agrees to sell products which are substantially similar to the services provided hereunder but at prices lower than the prices in this Agreement, or upon terms and conditions which, in the aggregate, are more favorable to the purchaser than those in this Agreement, Supplier promptly will give written notice of such sale or agreement to sell and will lower our prices comparably or extend such more favorable terms and conditions."

Advice:

Experienced negotiators demand Most Favored Customer status. While some SaaS CRM software manufacturers will initially push-back on this request, they will ultimately grant it if the deal is significant enough.

FINANCIAL INFORMATION
CRM vendor shall provide either financial statements for the prior fiscal year or a Comprehensive Insight Report from Dun and Bradstreet, stating the financial condition and credit rating of the company. Additionally, vendor shall state the number of prior fiscal years in which the organization achieved growth AND profitability and finally state the client subscription renewal rate for the prior three years.

Advice:

There are two problems with making a blanket statement request for audited financial statements. First, private CRM software vendors will not supply financial statements (hence the reason they are private). Second, even when public organizations provide them, the SaaS CRM business portion which is relevant to your interest is generally buried. In achieving the goal for vendor viability and longevity confidence, begin with either financials or a D&B request, however, focus on the more telling factors such as organization growth, profitability, client tenure and the absence of foreseen or unforeseen contingencies.

LITIGATION DISCLOSURE
The CRM vendor's failure to fully and timely comply with the terms of this section, including providing reasonable assurances may constitute a material breach of this Contract.

  1. The CRM vendor shall provide notification in its bid proposal, if it, or any of its business partners, subcontractors, or their officers, directors, or key personnel who may provide services under any contract awarded pursuant to this solicitation, have ever been convicted of a felony, or any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception. Vendor shall promptly provide notification (within 30 days of occurrence) of any criminal litigation, investigations or proceeding involving Vendor or any subcontractor, or any of the foregoing entities' then current officers or directors during the term of this Contract or any Scope Statement awarded to CRM vendor.
  2. CRM vendor shall provide notification in its bid proposal, and promptly thereafter as otherwise applicable, of any civil litigation, arbitration, proceeding, or judgments against it or its subcontractors during the three (3) years preceding its bid proposal, or which may occur during the term of any awarded to Vendor pursuant to this solicitation, that involve (1) services or related goods similar to those provided pursuant to any contract and that involve a claim that may affect the viability or financial stability of the Vendor, or (2) a claim or written allegation of fraud by the Vendor or any subcontractor hereunder, arising out of their business activities, or (3) a claim or written allegation that the Vendor or any subcontractor hereunder violated any federal, state or local statute, regulation or ordinance. Multiple lawsuits and or judgments against the Vendor or subcontractor shall be disclosed to the extent they affect the financial solvency and integrity of the Vendor or subcontractor.
  3. All notices under subsection A and B herein shall be provided in writing within thirty (30) calendar days after the Vendor learns about any such criminal or civil matters. Details of settlements which are prevented from disclosure by the terms of the settlement shall be annotated as such. Vendor may rely on good faith certifications of its subcontractors addressing the foregoing, which certifications shall be available for inspection.
  4. Written notification must be provided in the event the CRM vendor, an officer of the Vendor, or an owner of a 25% or greater share of the Vendor, is convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property.
Advice:

Nothing can bring down a high flying CRM software vendor faster than improprieties which trigger SEC investigations and class action lawsuits. Inserting the litigation disclosure provisions is a method to understand these situations at their earliest occurrence and to be provided information that will not be provided publicly. This understanding and information can provide you a basis to estimate whether everything is fine or you may need to start planning a migration to another CRM platform.