Negotiating Contracts Successfully

Principles of contracts

• Elements of a contract

• Purpose of contracting

• Stages in contract development

• Contracting plans and strategies

• Contracting methods

• When to negotiate and when to tender

Negotiating principles

• Concept of negotiation

• Secrets of a successful negotiation

• Best Alternative to a Negotiated Agreement (BATNA)

• Communicating effectively

• The negotiating style profile

• Principled negotiation

  • Separating people from problem

  • Focusing on interests not positions

  • Inventing options for mutual gains

  • Using objective criteria

• Characteristics of a skilled negotiator

The contract negotiation process

• Approaches for contract negotiation

• Negotiation's structured approach

• Planning the negotiation

• Conducting the negotiation

• Post negotiation actions

Negotiating the scope

• Defining the scope of work

• Terms and conditions

• Contract provisions

• The pricing of the contract

• Zone of a Possible Agreement (ZOPA)

• International contracting

Post award negotiation

• Contract award

• Contract administration

• Variation orders and change management

• Claims and disputes

• Sources of disputes

• Methods in lieu of formal proceedings

Negotiation strategies and tactics

• Tactics and counter tactics

  • Arbitrary deadlines

  • Limited availability

  • Stonewall tactic

• Breakthrough negotiation: the five steps