Procurement & Divestiture

Procurement & Divestiture

Navigating the Complexities of Corporate Restructuring

I worked on several divestitures in the last few years (and acquisition, but it's a different story) and thought that it would be good to share my thoughts here.

In today's dynamic business landscape, divestiture has emerged as a strategic tool for organizations seeking to optimize their portfolio, enhance shareholder value, or pivot towards new market opportunities. However, the intricacies of selling off a business unit extend far beyond financial considerations, particularly when it comes to procurement. As we delve into this topic, let's explore why procurement involvement is not just beneficial, but essential for a successful divestiture.

The Ripple Effect: How Divestiture Reshapes Procurement

When a company divests a branch, it sets off a chain reaction that reverberates throughout the organization, with procurement often feeling the most significant impact. This process demands a delicate balance of maintaining business continuity while preparing for a new operational reality. Key areas affected include:

  • Contract Ecosystem: Procurement must meticulously review and potentially renegotiate a web of contracts, determining which agreements transfer to the new owner and which require modification or termination.
  • Supplier Dynamics: The divestiture may alter the power dynamics with suppliers, particularly if the divested unit represented a substantial portion of their business. This shift necessitates a recalibration of relationships and terms.
  • Risk Landscape: The process introduces new risks, from potential supply chain disruptions to compliance challenges and the loss of economies of scale. Identifying and mitigating these risks becomes a critical task for procurement teams.

Procurement as a Value Creator in Divestiture

Far from being a mere support function, procurement can be a significant value driver during divestiture. Early and active involvement allows procurement to:

  • Uncover Hidden Value: By thoroughly analyzing contracts and supplier relationships, procurement can identify cost-saving opportunities and potential synergies that might otherwise be overlooked.
  • Ensure Operational Continuity: Proactive planning helps mitigate risks that could disrupt ongoing operations, safeguarding the company's performance during the transition.
  • Navigate Compliance Complexities: Procurement's oversight is crucial in ensuring adherence to regulatory requirements and contractual obligations, thereby avoiding potential legal and financial pitfalls.

Strategies for Procurement Excellence in Divestiture

To maximize value and minimize disruption during a divestiture, consider these advanced strategies:

  • Strategic Alignment: Engage with key stakeholders early to ensure procurement strategies are in lockstep with overarching business objectives.
  • Comprehensive Due Diligence: Conduct an in-depth analysis of all procurement-related aspects, including contracts, supplier relationships, and potential risks.
  • Transparent Communication: Maintain open dialogues with suppliers and internal teams to manage expectations and address concerns proactively.
  • Transition Service Agreements (TSAs): Leverage TSAs to ensure a smooth handover. These agreements can provide the divested unit with temporary access to the parent company's procurement resources, systems, and supplier contracts, facilitating a gradual transition.
  • Post-Divestiture Optimization: Implement a robust monitoring system to track the impact on procurement activities post-divestiture, allowing for agile adjustments as needed.

Conclusion: Procurement as a Strategic Partner in Divestiture

As corporations continue to evolve through strategic divestitures, the role of procurement transcends traditional boundaries. By embracing a proactive, strategic approach, procurement teams can drive significant value, ensure operational continuity, and pave the way for post-divestiture success. In this era of constant change, procurement's ability to navigate the complexities of divestiture will increasingly become a differentiator for organizations undergoing transformation.

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About me: Passionate about driving organizational excellence and sharing expertise, I wrote two books available on Amazon. With a focus on strategic collaboration and digital transformation, I lead efforts to optimize sourcing and supply chain operations for enhanced business performance.

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Bill Young

Facilitator

2 个月

That's all true, Nicolas Passaquin, if a little generalised. More specifically, software contracts (and lack of them) is an important area. Every company finds that functions (expecially R&D) are using specialist applications that are neither visible to audit nor properly contracted. Maintaining (or establishing) the acquirer's right to use these is hard. It is unreasonable to expect an acquirer to pick them up in Due Diligence, so they litigate - justifiably. Divestments (and mergers, of course) are a dinner-gong for SAP, Microsoft, Oracle, Salesforce, etc., etc. At least one new set of licences needs to be bought by someone. These firms never miss this opportunity. Some colleagues and consultants will argue 'Oh, the acquirer will cover this activity by integrating it with their own systems and licences'. But, even if they can, you are excluding VC and MBO acquirers. So, yes, absolutely; when any demerger is considered, it is often already too late for all the necessary preparation work. Oh, and one more thing. This work cannot be contracted out to the consultant providing demerger support. Ask me why, if you like, but I have run out of words on this reply

Danish Mehr

CPCM | Procurement | Strategic Sourcing | Sustainable Supply Chain | Project Management | Negotiation Expert | Vendor Management

2 个月

Worth reading,Thanks for sharing.

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