Leveling the Negotiation Playing Field The RFx Leveling the Negotiation Playing Field Stephen R. Guth, Esq. www.StephenGuth.com

Negotiation Objectives The Great Equalizer WHAT WE’LL COVER A Little Bit About You Your Worthy Adversary Negotiation Objectives The Great Equalizer

FACTORS AFFECTING (YOUR) NEGOTIATION LEVERAGE Skills Physical Condition Knowledge Emotional State Timing (YOU) Positional Power Culture / Upbringing Make the Deal Happen

Significant Resources Time Will “Get the Deal” from Someone YOUR WORTHY ADVERSARY Trained to Sell Deal-After-Deal Compensated to Sell Significant Resources Time Will “Get the Deal” from Someone

Influence Leverage Retrospectives VENDOR SALES SECRETS Paid if paid is illusory. Paid when paid has better odds and still allows for “due process” in pursuing a claim.

Schedule Criticality Budget THREE THINGS TO NEVER TELL A SUPPLIER (Survey Says…) Schedule Criticality Budget Oh yeah, and don’t give ‘em an org chart…

Equalize Leverage Skin in the Game Be A Good “Partner” Get a Fair Deal NEGOTIATION OBJECTIVES Equalize Leverage Skin in the Game Be A Good “Partner” Get a Fair Deal Get What You Paid For GOOD First objective—ALWAYS—is to equalize leverage to level the playing field. Win-win? Give me a break! The only way to get there is to have the same amount of power the other party has. Skin – Meaning commitment. FAST CHEAP

Creates Competitive Leverage Process-based Procurement THE GREAT EQUALIZER – THE RFX Creates Competitive Leverage Process-based Procurement Documents Your Needs Communicates That You’re Professional Explains Procurement Process Helps To Qualify Suppliers Makes Evaluation Easier Serves As Historical Record

Request for Information RFx TYPES Request for Information Information gathering tool No or limited understanding of the marketplace Unable (or unwilling) to develop robust scope of work Very little effort Request for Proposal Evaluative tool Better knowledge of the marketplace and sellers More time and effort Request for Quotation Price comparison tool Very detailed understanding of marketplace and sellers Focus of quantity and price (usually commodity focused) Very little effort (but lots of knowledge needed)

THE SOURCING CONTINUUM PMI and NCMA Pre-award Phase Award Phase Post-Award Phase Competitive Bidding Proposal Evaluation Price and Business Negotiations Contract Management Corporate Contract Drafting Contract Drafting Dispute Resolution We Want to Be Your “Partner” Wooo hooooo! Sorry, That Wasn’t Part of the Deal… Vendor- Speak

FELINE SERVICES CONTRACT YOUR “PAPER” Favorable Conditions! Shifts Burden of Review Avoids “Weasel Words” P.S. PDF Files are Poor Sport FELINE SERVICES CONTRACT You (“Food Bringer”) agree to worship me and meet all of my demands. Food Bringer acknowledges and agrees that I am superior to Food Bringer in all regards. Just sign here __________ And here __________

Write with the Future Proposal Evaluation and Contract in Mind SUGGESTIONS FOR WRITING RFP REQUIREMENTS Have a “Theme” Ask Combined Closed / Opened Questions (“Do you…? If so, how do you…?”) Write with the Future Proposal Evaluation and Contract in Mind Avoid Lumping Requirements Together Define Terms of Art, Abbr., and ACRNYMS Be Specific—Avoid Ambiguity and Assumptions Be Clear and Concise—More Isn’t Better Check for Typos, Grammer, and Other Errers

TRADITIONAL SELECTION / NEGOTIATION MODEL 100% Customer Supplier 0% RFP Issued Proposals Submitted Vendor Selected Negotiations Contract Award

PRE-NEGOTIATION MODEL 100% Customer Supplier 0% RFP Issued Proposals Submitted Vendors Shortlisted Request for BAFOs Vendor Selected Contract Award

Apples-to-Apples and Quantitative Comparisons Strength of Proposal PROPOSAL EVALUATION FACTORS Apples-to-Apples and Quantitative Comparisons Strength of Proposal Adherence to Requirements Ability to Perform / Deliver Time / Position in Marketplace + Innovation Financial Stability Willingness to Contract Commitments References (Good and Bad) Price (Not Always a Factor)

Many Different Methods (and Tools) Exist Qualitative PROPOSAL EVALUATION METHODS Many Different Methods (and Tools) Exist Qualitative “Word” Ratings (e.g., Unacceptable, Acceptable) Flaws: More Subjective, May Be Inefficient Quantitative Rating Scoring (Weighting) Bottom Line Don’t Over-complicate Use What You’re Comfortable With Eval Method in RFX?

QUANTITATIVE EVALUATION METHOD EXAMPLES Rating Weighting / Rating