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Negotiation

 
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Group Charter: 

The purpose of the Negotiation Network is to grow the knowledge and performance of its members by providing insights to best practices, emerging practices and new trends in negotiations. Members will participate in open discussions and draw/share from knowledge and ideas that are current and relevant.

The objectives will be met by sharing ideas, discussing challenges, exploring new directions and, where appropriate, initiating research or inviting experts to present on key topics related to negotiations.

Meetings will be virtual (by phone or webinar) unless in specific cases there is an agreed wish to have physical meetings or workshops to develop specific initiatives.

 

Group Mission/Vision:

Provide fellow members with insights to best practices, emerging practices and new trends in negotiations in order to provide their companies with the most value possible.

Objectives:

 
 
Network Updates

as-a-Service contracts

Hi I shared our recent research on A Guide to Fair Contracts for 'As a Service' at our Shanghai member meeting today. Have others read it - see https://www.iaccm.com/services/research/ - and does it match your experience of 'negotiating' these type of contracts? Are they fair or unduly weighted in the service provider's favour?

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The perils of fighting on two fronts at once: why stakeholder management is critical to negotiation success - IACCM Europe Conference 2019

Negotiation with customers and suppliers can be tough. But often, we find negotiating internally is even harder. And trying to do both at once? That way, madness lies! In this interactive and challenging session, you'll reconsider how you approach the nuts and bolts of getting deals done in and by your business. Whether you're at the front-end of sell-side or buy-side contract negotiation, or a long-term contract manager, this session will deliver valuable and practical insights into how you can drive negotiations that increase the success of your commercial relationships.

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IACCM Member Meeting - Shanghai

The Shanghai IACCM Member Meeting included a Mini-workshop on the Changing Role of Contract & Commercial Management 'Putting Commercial in a new context': This highly interactive session will engage attendees in a discussion about the external forces starting to impact the role, purpose and contribution of CCM resources and contracts themselves. We will explore this from the perspective of risk and opportunity, judgment and ethics, value and profit, competitiveness and win rates, before finally outlining how our jobs will change.

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Uncapped limitation of liability

I work with a Company that supplies products and services (medical equipment, chemicals, diagnostic solutions, procurement management for life science companies etc) to both private parties and government entities. Our company standard is to cap limitation of liability based on estimated annual revenue from a particular customer contract. However, the Company has carved out exceptions to certain low value contracts and to contracts with state and federal entities to allow an unlimited cap on liability. While this seems like a practical approach, I am not too sure if this is the best approach as I see the risk/reward to be disproportionate. i.e. large value deals have a cap while small value deals can expose the company to an unlimited liability. Do any of you follow a similar approach within your organisation? What risk do you see if we are to continue with this approach since the third party liability cannot be capped anyways and circumstances where the company may be exposed to liability is limited. Thank you

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Precedence of Contract documents

Can anyone confirm if the order of precedence stated below is correct Letter of Acceptance Tender Particular condition of Contract General Condition of Contract Specifications Drawings Priced Bill of quantities Other relevant documents or reference material forming part of the contract

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BID BOND (TENDER BOND) BEST PRACTICE

Bid Bond (Tender Bond) submission is one of the main requirements for most types of tenders, to assure the real interest of the bidders to participate on that bid. We seek to get the best practice and to share your experience for the below aspects related to the Bid Bond: - Amount of the Bid Bond (%)(For Turnkey projects also, for frame , unit rate scope ) - Time of verifying the Bid Bond, (With technical opening or with Commercial opening or when?) - How do you think about fixing a certain exact amount of BB for each Project; regardless of the bidders offers value. - Regarding the time of releasing the Bid Bonds for the winning bidders(After signing LOI/LOA/ Contract, after getting the Performance Bond, after expiry of the Contract, or When?) - Best practice for BB validity(6 month, 1 year, or open renewable).

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