A risk assessment is the process of identifying, analyzing, and evaluating the potential risks that may affect the achievement of an objective or the performance of an activity. A risk assessment should be done first when concerns have been identified regarding the financial viability of a potential software supplier, as it can help determine the likelihood and impact of the supplier's failure or default on the enterprise's IT project or operation. A risk assessment can also help identify and prioritize the mitigation strategies or contingency plans that can be implemented to reduce or avoid the negative consequences of the supplier's financial instability.
Implementing an escrow agreement, including a right-to-audit clause in the contract, and licensing the intellectual property are possible actions to take after performing a risk assessment, but they are not the first step. An escrow agreement is a legal arrangement that involves a third party holding and releasing the software source code or other critical assets of the supplier in case of a dispute or termination of the contract. An escrow agreement can help protect the enterprise's access and rights to the software in case of the supplier's bankruptcy or insolvency. Including a right-to-audit clause in the contract is a provision that allows the enterprise to inspect and verify the financial records and statements of the supplier, as well as their compliance with the contract terms and conditions. A right-to-audit clause can help monitor and evaluate the supplier's financial performance and stability, as well as detect any fraud or misrepresentation. Licensing the intellectual property is a process that grants the enterprise a legal permission to use, modify, or distribute the software or other creations of the supplier, subject to certain limitations and obligations. Licensing the intellectual property can help secure the enterprise's ownership and control over the software, as well as prevent any infringement or violation by other parties.
References := How to check the viability of your suppliers; Financial Viability - Business Model Viability - Aktia Solutions; How to Assess Manufacturing Vendors' Viability; Assessing Financial Viability.