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Negotiation

 
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Group Charter: 

The purpose of the Negotiation Community 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

Information Technology Outsourcing: Asset Transfer and the Role of Contract

Information Technology Outsourcing (ITO) has become the predominant mode of acquiring information ystemsservices, providing clear evidence that the economics of service delivery favor external service providers over in-house information systems departments. An interesting feature of many large ITO arrangements is that assets necessary for service delivery are transferred to the vendor. The argument in favor of such asset transfers, based in Property Rights Theory, is that they are necessary to incentivize vendors to continue to invest in the transaction-specific assets to improve service. On the other hand, Transaction Cost Economics predicts that transferring such assets increases bilateral dependence and will elevate the risk of post-contractualopportunistic behavior. The contracting challenge is to specify the termsof exchange to achieve the client's objectives for outsourcing while managing the transaction risks.

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What books on Negotiation have your found useful?

I studied Getting to YES by Roger Fisher and William L. Ury when doing my Master's - time for an update. What have you found useful recently? Here is a list compiled by Keld Jensen, Author of Honest Negotiation. - Negotiation Genius - Deepak Malhotra, Max H. Bazerman - CHEAP, the real cost of living in Low Price Low Wage World - David Bosshart - The Real Trump Deal - Marty Latz - Beyond Reason - Roger Fisher and Daniel Shapiro - Truth and Lies - Mark Bowden and Tracy Thomson (see LinkedIn Post https://www.linkedin.com/feed/update/urn:li:activity:6680714023589302272/)

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RFQ WITH COST + MARKUP

We received an RFQ from a potential Client for the provision of technical services on a medium-term basis ; the Client is asking a proposal indicating all the major costs elements for us and our markup, to sum up a total unit rate (different items are involved, similar structure). They are a major international industrial Group, we know their commercial approach will not be collaborative. We are not comfortable in providing our costs structure and markup, so ultimately our margin. I am looking for a way for a soft refusal, but we want to quote. Did you have a similar experience? Any advice? Thanks!

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Moving Forward - key resources to survive and thrive - IACCM Member update June 2020

To help IACCM members move forward, this webinar explores resources and information recently released. Topics include: Need to know 1. VIBE Summit 2. Staying on TASK in the New Normal 3. Coaching for the New Normal 4. IACCM Council Elections - Vote Now 5. COVID-19 Support. Member-only offer ends 30 June 6. Managing Contracts Virtually - offer ends 26 June Research 7. Most Negotiated Terms 2020 Resources 8. Contracting Excellence Ideas and Issues 9. Adaptive Automation and Talent: Is There a Link? Events 10. TASK Webinars 11. Virtual Member Meetings 12. Ask the Expert and other Webinars 13. Body Language in Live and Online Negotiations BONUS 14. Think Global - Act Local

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Change Management - Absence of a clause to time bound negotiations on Work Orders

Is there a risk in a change Management clause drafting for IT Service Provider/ Supplier, if the scope does not explicitly mention the number of days in which parties would respond and finalize the change order.

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Changing T&Cs When Provided Agreement for Signature

I have received an agreement for execution from a consultant on behalf of the owner. During the tender phase, a link to predetermined terms and conditions was provided. There was no addendum during the tender to change the terms and conditions. Upon receipt of the agreement, the consultant stated in the Articles of Agreement that the T&Cs in the tender are not valid and to use a new set of T&Cs. I advised the consultant that this is a material change from what we bid and their response was that we have worked under these T&Cs on other projects (we have not.) This is in Canada. I've stated we are evaluating impacts but suspect they will push back. Has anyone experienced a consultant doing this and how was it handled?

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Reasonable or Commercially Reasonable Effort

Hi all I was reviewing a Contract. Need an urgent opinion, should I replace Commercially reasonable effort with reasonable effort in below mentioned clause. Supplier shall use commercially reasonable efforts to perform such work activities without impacting the performance of the Transition in accordance with the Transition Milestones; provided, however, that if it is not possible to avoid such an impact, Supplier shall notify Client of the anticipated impact and obtain its consent prior to proceeding with such work activities.

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Article - Are negotiators in the Western world stupid?

Bold title but a really interesting talking point- the strong focus and priority Asian culture puts on relationships and communication in a negotiation process. This echoes the SRM principles around unlocking additional value through greater alignment and mutual understanding of business needs and drivers.

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Contract extension beyond terms (Special)

Can we extend the contract beyond its original term? Even if the maximum extension period has been reached. Say for a contract of 2 years plus 1+1 years. I come to circumstances where I must delay tendering because of political challenges and changes to the current method of delivering the service; hence a change of scope of work. However, I need to maintain the current service delivery under stronger contract terms rather than using Purchase Order terms and conditions (used for low-risk goods and services). Since the contract relates to offering and acceptance. If the contracted parties agree to apply for that extension (say 6-12 months) and use the existing contract terms and conditions, can we exercise that 'special' extension? The second scenario, I have, is can we do such extension after the expiry date of the contract. Provided it is not since long expired?! (Less than 1-2 month of the expiry date). What is the legal implication for both options / scenarios?

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Network Members