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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

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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Voting for the IACCM Council is now OPEN!

Take this opportunity to influence the future of IACCM and play your part in the mission to achieve world-class standards in contracting and relationship management processes and skills. The IACCM Global Council will be formed of approximately 150 IACCM Members each representing either a specific country, region or IACCM community network. Vote NOW for your preferred candidates and influence the ambassadors in this body of professionals.

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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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Deals will reshape industries in the time of COVID-19

Relationships matter, which is why the deals world revolves as much around chance conversations as it does schedule meetings and planned strategic maneuvers. COVID-19 has changed those serendipitous encounters and the get-togethers that help dealmakers build trust. That said, the dealmaking machinery is far from idle. Despite a lack of physical meetings, deals are still going ahead. Ten-hour videoconferences aren't unusual. Site visits are a challenge, but drone technology presents a reasonable solution. Cosmetics firm Coty, which was looking for buyers, said it was considering the use of drones for due diligence; in May 2020, it sold its Wella and Clairol brands to U.S. investment giant KKR in a deal worth US$4.3 billon.

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Webinar- Let's Make a Deal: Negotiating during COVID-19

Today's complex network of buying and selling has been made infinitely more complicated with COVID-19. Figuring out how to negotiate during this time seems almost impossible. Goals, timelines, budgets and more are all a mess!

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Think Global. Act Local. Nominate for the IACCM Council

You are invited to nominate to be an elected IACCM Council representative within a particular geography, industry and/or practice area. (Those who participated in the Advisory Board elections have automatically had their tenure extended and do not need to renominate unless they want to represent members in a different community network.).

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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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