Week 5: The Award Phase - Discussion Best Practices (graded) Class: In Chapter 9 of our World Class Contracting text, the section, Best Practices: 45 Actions to Improve Results, lists 45 actions to improve results in the contract award phase. Pick a few of these best practices that you have seen successful in action and share your experiences with the class. Comment on the choices of your classmates to discover other best practices that might be useful to you in contract negotiations. Discuss and explain which best practice you have found to be the most important or the most useful to you in the past. Responses Response Conduct market research about potential sources before selection Author Anthony Mayo Date/Time 5/27/2012 12:50:30 PM I think that market research is a very powerful tool as it permits a buyer to actively and continuously engage in the collection of information regarding a business’s products or service models in pursuit of the company or companies that would best suit an RFP. My institution has parameters to guide the vendor selection practices for Buyers as well as internal individuals who wish to do business with outside vendors for subcontracts or who wish to establish memorandum of understanding. For beginners, we have dollar thresholds that assist in determining if a vendor could be selected from our internally pre-screened vendor listings or if individuals may engage in their own search. Additionally, we have parameters surrounding whether or not product or service deliverables would be bundled as part of a collective or if an individual/terminal offering is sought. We have to determine if federal cost principles will be involved because we receive funding from the federal government and there are strict guidelines for spending of federal dollars. We also screen along the lines of warranty offerings, financing and product/service maintenance offerings to name a few additional areas. Having a set of criteria to follow assists everyone in seeking out the vendors that would best meet the needs of the service offering at hand. Of course, locating a pool of vendors who meets each criterion provides another layer to the discussion that, starting with a sense of guidelines has helped shape. In my experience, I have found that market research is how each of these areas can be addressed. Best practices: 45 Actions Anthony Collins to Improve Results 5/28/2012 1:23:17 AM Know what you want—lowest price or best value. This is not always an easy decision. One always wants both but usually cannot find both, so one may have to make compromises regarding what is acceptable, without settling for something that fails to meet needs but was obtained at a good price. I think that of the two, best value would least likely leave one with a feeling of buyer’s remorse. Usually, the satisfaction and benefits derived from selecting value over price, is so long lasting, that one usually forgets the extra expense after a short time. I see this when shopping around for an oil change. I may have coupons that would make the purchase, much cheaper, or I may come across businesses that are running great specials but I’ve learned over time that I can never replace the quality service and peace of mind derived from paying more to “tried and true” businesses that are reputable and provide good guarantees. Use past performance as a key aspect of source selection, and verify data accuracy. Past performance can play a crucial role in deciding which vendor to choose. They may never get a second chance to make a first impression but also upon getting burned, just once, even after a number of good or uneventful experiences with the vendor, may lead you to drop them, altogether. For example, I had a situation in which I took my vehicle to a dealership to correct a factory defect that was reported via a model recall. A fuel gage mechanism in the gas tank was found to be defective so I took my vehicle in and the dealership worked on it. They completed the job and I departed when I noticed that during the drive home, my rear tires, at times, could not get adequate traction and I kept spinning out. I only lived about 5 miles away but I noticed that after having driven about 2/3 of the way, that the full tank of gas that I started out with had dwindled to empty. At about that time another vehicle flagged me down, shouting that I was leaking fuel. I called the dealership. They towed my vehicle back and corrected the problem but despite numerous letters recommending scheduled maintenance (at discounts), I’ve not felt right about going back and I probably never will, regardless of any good deal offered. They’ve lost my trust over something I value a lot. My life. RE: Best practices: 45 Actions David Fore to Improve 6/2/2012 1:32:45 PM Results Hey Anthony, I agree with your statement. There are times when it is impossible to get both. I think a person has to ask themselves the question as to whether they would sacrifice quality at the expense of price. I think it is important to do alot of research so that you can enable yourself to get the best price without sacrificing quality. This may not be the lowest price, but it may be a price you are willing to pay to maintain quality. RE: Best practices: 45 Actions Dennis Granlund to Improve Results 5/29/2012 7:37:40 PM I agree past performance is usually a great guide to understand future expectations. If a business provides quality at a good value they are more likely to do it again. What you also have to watch is the competitors whose performance may have improved as they close gapa to excellence. That is one reason you may want to give another vendor a second chance. This also keeps businesses compettivie. RE: Best practices: 45 Actions Professor Gordon to Improve Results 5/29/2012 10:34:09 PM Anthony, This goes back to one of the points in week one. Trust. Trust is not easily gained back and after one bad experience, it can be lost forever. All the best, Robert RE: Best practices: 45 Alana Simpson Actions to 5/30/2012 10:24:32 PM Improve Results I personally believe that in all relationships...both business and personal, that you always have this truth on your mind. This is why it is so important to say what you mean, mean what you say, and do what you say you will do. Once trust is broken, it is extremely difficult to gain back and it very easily can be lost forever. Sometimes an organization may not even see the point in doing business again with you to give you another opportunity and vice versa. I just believe that it is extremely important to operate with integrity at all times. RE: Best practices: 45 Actions Jennifer Weaver to Improve Results 6/2/2012 7:44:54 PM I agree that trust is a very important factor in any relationship. In business if you break trust you don't normally get another chance as you can sometimes in relationships . In most cases there is nothing loving or forgiveness involved so once your done your done for good. RE: Best practices: 45 Actions Lorenzo Welch to Improve Results 5/30/2012 10:52:17 PM Alana I think integrity is required with any business transaction or negotiation. Like they say you only get one chance to make a first impression. Trust is needed in negotiation nothing is more discouraging than an opponent that wants all or nothing. Winning a contract that was done out with such attitude may create a negative reputation and less repeat business. RE: Best practices: 45 Actions Latosha Smiley to Improve Results 5/28/2012 10:12:05 AM Understand that contract negotiation is a process, usually involving a team effort. In understanding that contract negotiation is a process involving team effort one can build a team of task specific experts in efforts to create a contract that favors the "home team" buyer or seller. Entering into a negotiation lacking skills/knowledge to negotiate project desires leaves your organization vulnerable. By building a team of experts what one team member lacks another team member fulfills. For example, what I may forget to ask or clarify during the negotiation process Anthony Mayo or Collins may possess the knowledge/skills to address. RE: Best practices: 45 Actions Anthony Mayo to Improve Results 5/28/2012 11:10:09 AM Latosha, I identify with your team approach in contract negotiation. I think that the art of negotiating is a priceless skill. I believe that in as much as team strategies are important that other skills may require usage as well. For example, knowing what you want before you go into a negotiation can be assistive in guiding the discussion. Also, being clear about what you require for a procurement to be worthwhile versus knowing what you’d like as a wanted add-on that could create additional value are pivotal places within the process. I think that getting your needs met in the process and using your wants as points of negotiation can be an effective tool. Also, knowing when to leave a negotiation is important as well. I think that there are some processes that won’t work out and then there are end points to those that will. RE: Best practices: Latosha Smiley 5/28/2012 10:43:28 AM 45 Actions to Improve Results A. Collins, You make a valid point often times when selecting a product and or service it is difficult to determine rather or not you want the lowest price or better quality. It is not often that the lowest price results in the quality work/product desired. Peace of mind is also very important when spending money on repairs of something you are depending on such as a house or car. I recently had to make a decision of taking my car to the dealer or my cousin-in-law for repair of radiator and oil leak as well as replacing the timing belt. The dealer charged me $1700 whereas my cousin-in-law was only charging me for the parts plus $300. When I asked if he would guarantee his services he said for this price no. So I paid the extra cost to take it to the dealership. While I know he offers quality service I can not afford for my car to breakdown on me. Use an agenda during contract negotiation Levonde Jones 5/28/2012 5:12:03 PM Use an agenda during contract negotiation Using an agenda keeps the discussion structured. It forces you to stick to the important items, things listed on the agenda. This also makes it easier to leave detailed questions to another time to keep the discussion straight and to the point. Set the right tone at the start of the negotiation If you start out straight and to the point focusing on the goals at hand, the negotiating partners will take you much more seriously. It goes back to the old saying, "People treat you the way you let them treat you." Start firm and stay firm. Focus on making a profit for your company. At the same time making it a win-win situation for everybody. Best practices Professor Gordon 5/28/2012 9:58:47 PM Class, Are best practices situational or can they apply to any organization? All the best, Robert RE: Best practices Anthony Mayo 5/29/2012 10:20:58 AM Professor, I believe that best practices can apply to any organization for several reasons. For beginners, implementing best practices has the potential to provide a sense of strategic alliance between a company’s goals and an induced learning curve through the on-boarding of the best practice set of actions that are most applicable to a company’s needs. Baseline management skills can be improved, as most companies promote from within and many companies do not have management classes that continuously guide people through an ongoing process of honing their supervisory skill sets – best practices actions can achieve these goals. I think that best practices can provide a set of measurable objectives that any company can use that would professionalize and align career paths with desired performance measures that result in improved organizational communication for a company. Best practices can also create visible models for improved and more acceptable business practices and resultantly better individual work behaviors. I can’t imagine any company looking at the best practices action list and not finding some identification with their potential to improve their staff, management, corporate values or corporate culture. RE: Best practices Ray Stout 5/29/2012 1:16:56 PM ANthony, I completely agree with your last statement.. This list can be used by everyone to find some way to improve a process that leads to a contract. I would also make the arguement that most of these best practices can be applied to just about any business relationship whether or not it involves a contract. Really a negotiation happens just about everytime any business or party has a conversation with another. Every sale to a customer is actually a contract in a legal term. A promise to provide a good or service at a particular price with a certain level of satisfaction. If everyone applied this level of detail within those relationship, these best practices would actually create a stronger customer base as well as a better understanding of the quality of the products represented. Maybe some of them won't exactly fit in every situation, but the understanding of this list be everyone concerned should help at least move the process along. enjoy, ray RE: Best practices Latosha Smiley 5/29/2012 8:57:59 PM I like that Ray, You stated "If everyone applied this level of detail within those relationship, these best practices would actually create a stronger customer base as well as a better understanding of the quality of the products represented. Maybe some of them won't exactly fit in every situation, but the understanding of this list be everyone concerned should help at least move the process along". These practices wont just help build a stronger client base but a more cohesive work environment as well. If everyone is on the same page know what needs to be done/accomplished and is working towards a common goal rather then (acting like crabs in a bucket) trying to pull you down to get to the top organizations would be more productive. I agree with your statement in how it relates to building a stronger client base but I also feel it can be implemented to improve employee relations. RE: Best practices Latosha Smiley 5/29/2012 8:51:03 PM Professor and class, I believe that the best practices outlined on page 159 can apply to any organization (s) project, managerial team, training development, procurement and organizational fund raiser. I feel that they may also be used in your personal life as well. The best practices outlined for both the buyer and seller a core planning techniques that most of us use in our daily lives (or at least type A personalities). You don't have to enter into a contract or submit a proposal to utilize these planning techniques or incorporate them into managerial practices. RE: Best practices Professor Gordon 5/29/2012 10:35:46 PM Latosha (and others), What about in a failing project? Do they still apply? All the best, Robert RE: Best practices Latosha Smiley 5/30/2012 11:39:59 AM Professor and Class, I believe that the best practices can still be used to save a failing contract. If a contract is failing the seller may begin to doubt the buyers skills or ability to complete the project. It would be best to reenter the negotiation process in efforts to save money (depending on the time and capital invested on a project). A failing project does not mean failure it just means that adjustments need to be made to get the project back on track. Best practices can be applied to regain the buyer/sellers confidence. RE: Best practices Anthony Mayo 5/30/2012 2:12:58 PM Latosha - well stated as usual!!! I too believe that best practices would work very well with a failing project because they would be synonymous to giving water and sunlight to dying flowers. When projects are in trouble, it seems that the best alternative that could occur is that the elements that are responsible for derailing the project could be removed in exchange for a healthy infusion of better business practices. The best practices would provide the healthy infusion of winning business practices that would be missing from the project’s life cycle. RE: Best practices Matthew Hartman 5/30/2012 9:00:22 PM Sticking to the guns (or getting back to plans) - these are a must apply if you want to right a sinking ship. Let's look at a few for example: Original plan was to evaluate potential sources promptly and dispassionately. The project is failing - this is a perfect time to RE-EVALUATE sources. Original plan was to use a weighting system to determine which evaluation criteria are most important. Well, with a project that possibly could fail, there could be a series of events in the future that are detrimental to the business if it does fail. Perhaps a company was looking at what if this thing was successful... now they may need to see what is important, in the event of a failure. At the beginning, independent estimates from consultants or outside experts to assist in source selection were selected. Failure? How about get another opinion from someone in the industry to assist helping out. Another set of eyes or a brain can't hurt anybody, right? RE: Best practices Tiffany Terrell 6/3/2012 3:22:10 PM The best practices can certainly be use and actually should be used in a failing project. I feel that it would definitely help to possibly turn the project back around again. I think that be re-visiting some of the best practices that were the initial focus this could help with resolving current issues and help with moving the project forward. RE: Best practices Anthony Collins 5/30/2012 9:07:27 PM Actually, after going over the practices again, I don’t see why they could not be applied to any organization. Of course, there probably are situations in which one would use one practice over another but I think they all can be applied to all situations with varying degrees of success. Some may be more applicable in different organizational departments (e.g. accounting, finance, operations, personnel, etc.) RE: Best practices Lorenzo Welch 5/30/2012 11:04:27 PM These practices are not just situational they can be applied to most situations personally and professionally. The best practices states examine alternatives and know when to walk away. From a business point of view assessing each option should be second nature to all organization. Personally we should know when to walk away from a deal that may have a high risk. It is standard practice to have a home inspection done which will provide information for buyer. This information can be used at closing or before as leverage. Each practice can be used across different organization or situation. RE: Best practices Levonde Jones 5/30/2012 5:04:36 PM No best practices are applicable to any organization. Situations change as individuals find improved ways to reach the end result. Best practice involves a consistent method of doing something. Best practice ensures that project management uses the same templates and software to ensure structure. Project managers have set standards and solid methods to follow. Even though they are not tailored to a particular organization, the best practice is a structural method of doing things. I feel it is best to say that best practices are situational. http://www.ginaabudi.com/articles/developing-a-project-management-bestpractice RE: Best practices Jennifer Weaver 6/1/2012 8:57:13 AM In most cases I believe best practices can be applied to any organization to most situations. Having a best practice allows an organization to have a strategy to follow when a situation or scenario presents itself and allows people within the organization to stay consistent with their behavior and their approach , it limits tribal knowledge that builds within organizations when best practices are not established so that information can be tracked and process remains consistent. Re: Best Practices Renee Gordon 5/29/2012 12:40:43 PM Prepare yourself and your team: I believe this of critical importance. Being well prepared is not only professional conduct, but will enable you and your team to gain the best terms for your company. In addition, being prepared will show the customer that you cared enough about the contract negotiation to give it your best effort. This can help build trust and forge a long lasting relationship between the company and the client. It is always noticeable when one is not prepared for a situation, and it often results in selling oneself short. RE: Re: Best Lorenzo Welch Practices 6/2/2012 9:10:56 PM Great point Renee, I think unless you are performing as a Highly- effective team then some people may fall behind. A highly-effective team operates with a common goal. You are can never have to much preparation for a negotiation or business outcomes. Each member of team not just leader should be aware of processes and new trends. I recently asked a co-worker for a document and she replied that she did not have document I was in shock. This document is standard part or work process. It would be the equivalent of not knowing schedule for a project as a project manager. We can prepare ourselves and some team members but others may insist on mediocrity. Know what you want Jared Shoemaker 5/29/2012 5:27:36 PM In order to get the best results you have to know what you want out of the product or service as well what you want in evaluation criteria. If none of those are clear then you will end up with mixed results or negative results which can be very bad. You need to know how you are going to compare bids, is the quality of past more important than the price or is price and schedule the most important things. These kind of choice have to be made early on when creating the contract that way you can relay them to bidders so they can shape their bids around the criteria. RE: Know what Tyrone Labad you want 5/30/2012 1:04:19 AM Agree to this 100%. The most important thing while deciding on a market research study or in doing a consulting project is having a very clear definition of what the problem is, having a clear scope that would make it easy to understand what is needed to achieve the goals of the study. I think many studies come out with vague and non actionable or even incorrect results as they did not know what they want and went directly into implementation before getting clarity on what has to be achieved from the marketing research project. In my opinion, for every project it is critical to have a qualitative focus groups between key stakeholders and client where the scope and need for the study is clearly debated and agreement is reached on what has to be achieved. This would be the first step in ensuring that the project is a value creating one. RE: Know what Jared Shoemaker you want 6/2/2012 3:52:07 PM A good and clear goal or idea is very important when doing anything. With out a clear idea you don't have an end goal and the end will not be what you really want it to be. a centralized idea will help focus you and remind you what you are working towards. It also helps get everyone on the same page. RE: Know what Jennifer Weaver you want 6/1/2012 9:01:56 AM I agree, you must know what you want to make a successful rfp so bids will deliver what you need. This should be an iterative excersise to ensure you have covered all basis and you do not go back to potential vendors changing scope or requests. If you are not clear and specific on what you want as deliverables it is likely you will not receive the desired result. RE: Know what Jared Shoemaker you want 6/3/2012 4:55:52 PM That is a great point, without a clear idea of what you want there will be scope creep and changes made to the project as it is in progress. You need to have a complete idea of what you want before you tell your ideas to other in order for them to know what you want before the project starts. RE: Know what David Fore you want 6/1/2012 12:44:46 PM I agree that it is important to know what you want. When you go into a situation without knowing what you truly want, then you risk the idea of being sold something that you really dont want. I feel like you have to have a list to distinguish from and make the best pick possible. If you arent clear in your select, the results will be bad. I think its the best way to start a contract situation and would help tremendously in the bidding process. Conduct market research Tara Miller 5/29/2012 5:38:53 PM I have not seen this used successfully in practice but I have seen first hand when it has not been used which illustrated just how important it is to the negotiation/award process. I have seen clients/buyers who were not aware of the requirements that are required to complete a project. As a result, the deliverables had to be modified midterm to meet the requirements or deliverables from the original contract. The best thing that a buyer can do is to know exactly what they are getting into and understand the requirements that will make the deliverables successful. I would recommend that a buyer first employe an expert that can give a realistic perception of what will be required to complete the project. Who has the authority Tiffany Terrell 5/29/2012 7:42:52 PM Determining who has the authority to negotiate is an action that can help to improve results in the contract award phrase. Before entering the or starting the negotiation it is very important to know who the key decision maker (s) are as it pertains to communicating during the negotiation process. Yes, there may be individuals who will have some influence over the contract however again it is important to identify who the decison maker will be for the contract. I feel that this is done when an initial RFP is sent out however this individual (s) can change over time. So it is important to maintain that contain and understanding throughout the process. I have had experiences in the past where I was responsible for responding to RFP's for technology solutions and a great deal of time was spend with individuals that had no influence or final say so as it pertained to the contract award decision. So, whether it's responding to an RFP or other contracts that are in negotiation understanding who the key individuals are will definitely work in favor of the seller. RE: Who has the Professor Gordon authority 5/30/2012 9:29:20 PM Tiffany, Isn't everyone a decision maker in some way. Even though some people might not be the actual decision maker, most people that have a stake in the decision will likely have some kind of input into the decision. Why not make sure that as many people as possible are in favor of the decision? All the best, Robert RE: Who has Dennis Granlund the authority 5/31/2012 7:13:10 PM Of course you would want as many stakeholders as possible in favor of the desirable decision. If one does not have the authority, then that person needs to use there influence to provide the data and facts to the stakeholders and decision makers to prove that the decision is the right choice for the project. RE: Who has Anthony Collins the authority 6/1/2012 7:42:01 PM I think that everyone in an organization, is a decision maker, of sorts, in that they all have input into the final decision. Usually, the final decision is made by only one or a group consensus, but often times their final decision is based on input provided them by different departments, shops, activities, subordinates, etc. Even though input from other sources is advisable, attempting to get a consensus from numerous input providers may be next to impossible. People are different and have different motivations for thinking/acting the way they do. Awaiting a consensus of, even 30%, may not be practical and may take far longer than the deciding body or individual has. It would be ideal for all involved to agree but this is probably not likely to occur, so decision makers have to move on for the greater good of the organization. RE: Who has Jennifer Weaver the 6/2/2012 7:47:13 PM authority I think there should always be a decision maker so that decision can actually be made, as you stated, to gain consensus can be difficult, it is up to the decision maker to consider all opinions and take in all information to make the best decision with all of the information possible. In most cases, if everyone was making the call the jury would be hung most of the time. RE: Who has Lorenzo Welch the authority 6/2/2012 9:27:47 PM Everyone should not be able to make decisions that can adversely affect business or project. Everyone should be able to offer suggestions but final decisions should be made by designated personnel,based on organization. If all criteria s are met and have been agreed on information should be reviewed objectively. A final decision should be made by chosen leader that benefits organization goals. RE: Who has Levonde Jones the authority 6/2/2012 8:56:18 PM Somes times you are not receiving accurate feedback if everyone is in favor of the decision. There needs to be some type of opposition in order to find out how the team really feels. I feel that opposition can lead to a more beneficial outcome. Opposition will make an organization aware fo any potential problems or conflicts, or any likes and dislikes. Personally I feel that everyone can not be a decision maker. Everyone can have influence on the final decision. It takes the opinon and input of the entire team to really figure out the best benefit for the organization. And it does not hurt to have an outside consultant to ensure an unbiased decision. I am a true believer of TEAM. Regardless of the definition, I truly believe that TEAM is an acronym for Together Everyone Achieves More. RE: Who has Tiffany Terrell the authority 6/2/2012 3:11:15 PM I would agree that most people are a decision maker in some ways. However I still feel that it's important to identify the key individual (s) that will be responsible for making the final decision. For example I have a new client, and this happens quite often, that I'm working with to implement their new HR/Payroll system. The main payroll contact and the office manager are the two key individuals that I will have the most contact with during the implemenation process. They did not want to change over to our system and they have reminded me of this on a daily basis. The owner however wanted to change over to our system because he saw the value from the District Sales Manager as it pertains to the overall big picture and the ROI. Now had the DM focused on the two individuals, who although will be using the product on a daily basis, he may not have faired well. So, that is why I believe that it is important to know who the key decision makers are and yes the influencers as well. RE: Who has Bryant Windham the authority 6/2/2012 9:37:17 PM I agree with Tiffany that the person with the authority needs to be determined. Our text states to “determine who has the authority to negotiate for each party.” (Garrett 155) I do believe that it is just good business since to take input from all the stakeholders but the decision needs to be based upon the decision makers. That is way they pay the upper management the bug bucks. Garrett, Gregory A.. (2010) World Class Contracting, 5th Edition. CCH. P 155. RE: Who has Renee Gordon the authority 6/3/2012 1:28:46 AM You all have made good points regarding decision makers. In my experience, although there may be many who are able to influence the decisions made, there is actually only a handful of people who are able to make the final decisions regarding what is best for the company. We all can have opinions and can voice them, but there is always one or two specific people who will make the final decision about a project, product, or service. I do believe it is beneficial to take in all types of feedback--both positive and negative--in order to gain a bigger insight into the situation. As Tiffany pointed out, the end users of a product may not see the long term benefits to a software change because they will be mostly focused on the fact that they have to learn a new system & are focused on the difficulty of doing that. Some people do not like change, and that can negatively influence their thinking on a situation. RE: Who has Jennifer Weaver the authority 6/3/2012 10:01:36 PM This is a great point to bring up and another reason I think you are correct that there are always certain people appointed to be the key decision makers in any given project or process. It is important that the decision maker has a broad understanding of all current and future strategy for the decision being made and can take into account all of the reasons in why the organization has chosen to take the direction they are taking. If this is a person or involves people who do not understand the bigger picture or who are hesitant or resistent to change, it is likely that poor decision could be made due to lack of information or understanding. Best practices Matthew Hartman 5/29/2012 8:49:24 PM Great list illustrated in the text. Most of them apply to my industry (insurance)... and a few I can't relate due to my experience. The first one is one of the biggest... looking at it from the agency selling to a consumer perspective. "Know what you want - lowest price or best value." There are different groups of people when it comes to purchasing insurance. An agent pitches a few policies - one with state minimum liability limits for a nice price, typically with less than stellar customer service. Those come with the least amount of protection, but is nice financially as they are by far the cheapest. Then, there is the best value. There is a little bit more coverage but with a more reputable company. You pay slightly more for that better named company who has your policy, and of course instead of state minimum coverage, you get that extra 50K in the event something bad happens. Both value and price realms can be encountered in the insurance world, easily. ======= Additionally, "Conduct competitiveness price analysis" holds extremely true in the insurance industry. With so many players in the personal auto insurance industry, (I'm sure one would recognize a few of these - State Farm, Progressive, GEICO, Travelers, Liberty Mutual, Hartford, Nationwide, Allstate) each company has to carefully analyze coverages and premiums per market area to keep it competitive in the said market. In many areas around the United States, you will see more heavily concentrated policy holders in pockets as they definitely have an advantage. They got in to that area, kept it competitive, and with the positive word of mouth, many people have turned to that company. Document negotiation lessons learned and best practices. Cynthia Mcgowan 5/29/2012 11:00:04 PM Document negotiation lessons learned and best practices. - I have not participated in an actual contract but running a project I have found that documenting lessons learned is not only beneficial as a learning tool but it works very well for leverage when it comes time to put specifics to the project scope and having both sides understand the rationale behind certain decisions. Being able to cite what has not worked in the past provides a very strong argument for driving change and for getting the buy in for addressing things from a team. In my organization we have been going through multiple phases of a project that has had been able to evolve with each iteration, due to both teams coming together after each cycle to evaluate what we could do better. Not only does it support better quality but it also promotes a strong relationship between the teams. With the history of the project and the reason "why" being documented for things that have happened, solutions have been found and risk have been diminished due to the continuous shared knowledge between the groups. RE: Document negotiation lessons Latosha Smiley learned and best practices. 5/30/2012 11:54:43 AM Cynthia, I believe that documenting lessons learned is actually a good learning tool. If this information is stored on a shared network/file the lessons learned or mistakes made throughout a negotiation may help another individual avoid making them. In this aspect it provides leverage when it comes to defining project scope, specifications, and preventing scope creep. Best Practices: 45 actions to improve actions Martial Yao 5/30/2012 4:59:21 PM The goal of the negotiation is to reach an agreement and all parties need to have the authority to negotiate; each party should make sure that the other parties can make some decisions; otherwise, parties could waste their time. RE: Best Practices: 45 actions Trudy-Ann Dyer to improve actions 5/30/2012 10:30:21 PM True. In a negotiation process, if a party is not fully convinced that they are better off with an agreement, they will likely walk away. Factors that will influence the decision to walk away from a negotiation are: cost benefit analysis, differing perceptions and motives, differing time tables. If during an attempt to reach a mutual decision on common matters becomes an overwhelming or perplexing task, consider it a risk or warning sign of what could potentially develop into a problem. Conduct competitiveness price analysis Ruchi Galande 5/30/2012 7:06:45 PM As a buyer I always do price analysis with the competitor, with the time method of analysis is changing. I remember visiting different to store to check price before buying any expensive product than I start doing my price analysis on internet before going to store instead of roaming around store to store. And now I carry my smart phone if I like anything in any store price analysis is just a scan away. I have to scan the bar code to check price of that product and availability in different stores. Best Practices Teanna Soule 5/30/2012 8:51:55 PM 1. Know what you want - lowest price or best value: I have seen this best practice in action from both a buyer and subcontractor position. In my experience, from both sides it is important to understand what your want from the outcome - when all is said and done, what is more important, lowest price or best value? I have seen my organization choose best value time and again, and always do their best to maintain competitive pricing. 2. State your requirements in performance terms and evaluate accordingly: In my regular practice, I use the scope statement, CDRL requirements, known customer expectations, and other customer guidelines to plan out a program. In this I ensure that my requirements are outlined in performance terms and ensure regular analysis and evaluation of cost and performance to ensure I am providing my customer with the best value at an overall competitive price. RE: Best Practices Teanna Soule 6/3/2012 2:08:57 PM Contracts and Marriage, the Best Practices absolutely apply from selection through definitization. 1. Know what you want (understand what values you are willing to compromise in a relationship) 2. State your requirements in performance terms and evaluate accordingly (Discuss your own values and discuss the values of your partner to better understand each other and understand how together those values can improve the relationship) 3. Conduct market research about potential sources before selection (obviously, most people don’t marry after the first date) 4. Develop organizational policies to guide and facilitate the source selection process (In this step, I would say that a partnership of marriage, communication and boundaries should be understood between each other) 5. Obtain independent estimates from consultants or outside experts to assist in source selection (Discuss the relationship with friends and family, do they support the relationship, what is their feedback) 6. Use past performance as a key aspect of source selection, and verify data accuracy (Does this person have a history of being dishonest or running when times get rough?) Best practices: Marriage Professor Gordon 5/30/2012 9:27:46 PM Class, Would anyone like to try offering some of the best practices of keeping a marriage together? Would anyone want to comment based upon past positive or negative experience? All the best, Robert RE: Best practices: Matthew Hartman Marriage 6/2/2012 4:38:47 PM Tying in text material and a marriage, I would suggest that some of the best practices be: know what you want (removing the cheapest price/value) use a weighting system to determine which evaluation criteria are most important understand that the contract (marriage) is a process, involves team effort know the other party know the big picture - because marriage isn't a little picture identify and prioritize objectives These are just a handful that would apply. It's weird to think that you can take these from a business context to a personal context, per se. Marriage is a big picture. Look at your objectives... understand it is a process. Marriage is something that takes work! RE: Best practices: Lorenzo Welch Marriage 6/2/2012 9:55:10 PM Matthew, I think that this list is excellent. The only thing that I would like to add, is just like a business negotiation before getting married /dating. Observe and know when you cant fulfill expectations from other party. Everyone has different expectations know when to walk away before getting married. It is a contract do not sign blindly. Hence I am not married based on some of the best practices for buyer and seller; Know the other party, Know when to walk away and Know what is negotiable and what is not. Both professionally and personally we should know our value and don't be eager to sell yourself short. (World Class Contracting, 5th Edition. CCH p. 160). RE: Best practices: Felicia Walters Marriage 6/3/2012 11:43:03 PM That "big" picture is the ability to goal set. The approach should be inclusive of short-term goals as well as long-term goals with measurable points of completion along the way. If this is not done, it's merely just going through the motions. This is an universal approach to any situation. It also helps to facilitate communication and stifle confusion. RE: Best practices: Jennifer Weaver Marriage 6/3/2012 10:03:51 PM Although this seems to be an unusual topic to relate best practices to, looking back at my marriage (now divorce) this would have been a much better appraoch to take and I think could easily be incorpotated into a situation in which a couple is making the decision to marry. Because there is normally and overwhelming amount of emotion involved in a decision to get married, this appraoch really brings back thereality of the situation taking place and would allow both parties to take a step out of emotion and truly understand the needs and the wants to that furture would bring. RE: Best practices: Teanna Soule Marriage 6/2/2012 10:36:41 AM Well, this is certainly an interesting topic for contracts... Marriage. As a VERY young adult, I was enlisted in Active Duty Army, newly married (10 days prior to shipping) to my first husband who was also, and still remains to be, Active Duty only few days following myself. We remained married for nearly 10 years. During the marriage we had three beautiful children, and we learned how to be great soldiers; unfortunately, not being near family while raising a family and trying to remain great soldiers and a married couple was the failure of our marriage. When 9/11 occured we had tough decisions to make, as we were both called to duty for deployment. The big question became do we both remain in the service, fullfilling our contracts to the US Government and find guardians for our children, risking our lives or do one of us use a clause in the contract to exit. After negotiations (heavy discussions with my ex-spouse) we decided I would use the exit clause (Failure to Have a Family Support Plan in Place) to Honorablly discharge from the Army and care for our children. Since that time, my ex-husband has been deployed a total of three times between then and now, and also during that we decided to divorce. He was unfaithful, claiming he needed a companion during his time of deployment. So although he maintained his contract and duty to the Government he failed his family. There are no hard feelings, we are friends and I now have a wonderful second husband and four beautiful children. I have obtained my BS in Business Management and I will be beginning my Capstone Class to complete my MBA program following this course. I have a great career at Lockheed Martin and maintain my contracts in marriage and employment, doing my best to support our service members through my current position. Overall, personal contracts are as hazardous to break, clause or no, as those in business. Yes, it was a two year battle in court to disolve the marriage, set up custody and child support and move forward with living and making new contracts in the end. RE: Best practices: Ruchi Galande Marriage 6/1/2012 2:57:51 PM In my opinion love, trust, understanding and respect are the most important factors of any marriage. I have been married for four years. I came here from different country my husband played different roles to make me happy, he understand what I feel and respect my feeling. We respect each other’s decision if required we discuss. I think my marriage now we both understand each other and ready to adjust for each other with any complain. I have seen friends who got married after us. I have seen them arguing and trying to make their own points not listening each other even for small issues. And I think that is where we both learn that we don’t want our marriage to be like that. My husband always says to me, boss is always right and at home you are the boss. RE: Best practices: Ray Stout Marriage 6/1/2012 11:29:43 AM When i thought about this for awhile i came up with this question - How often does a contract between two parties actually entitle either party to benefits outside of that contract? First - by NO MEANS is this an atempt to devolve this conversation into a political battle about marriage, this is just a thought about how the actual contract is set up. Let me explain. When two people enter into the contract of marriage via a marriage license there are several other benefits, contracts, or agreements that are automatically established. Just to list a few. Tax rates are changed, insurance policies change(in some cases it is mandatory for an insurance policy to carry a spouse), some cases debts are consolidated, and finally there are the other legal responsibilities and protections. These examples are of things that change when one contract is signed, but that contract was not necessarily signed between the government and those parties. Now on to my point, how many times has anyone seen where one contract leads into another either by default or within the language of another? Or how many times does one contract with a company lead to special treatment either through overt or covert actions within a company to push a certain product? We had an example last week of how one company was bidding on a contract, but they also were having computer problems which could be a huge contract for the peach company. Basically, can a contract mean more then just an agreement between two parties, like a marriage, or is it actually a key that opens many doors, hopefully? enjoy, ray RE: Best practices: Tyrone Labad Marriage 5/31/2012 7:19:39 AM In my opinion, some of the things that are necessary to have a satisfying and fulfilling marriage is to have a long term orientation of things, planning at a high level, and having complete confidence and trust in the other party. In addition, letting people be independent and letting them do their own thing without micro managing them are also very relevant and key aspects of ensuring that a strong partnership is built that would last a long time. The issue of compatibility is also very important, where each of the partners should spend a good time with each other and go through multiple good and bad experiences, where they get to know each other and if at all they can be compatible with each other. RE: Best practices: Dennis Granlund Marriage 5/31/2012 7:18:15 PM Pure openess and honesty have helped my wife and I sustain a marriage going on 30 years this October. Buying and bringing home flowers spontaneously, biting your tongue, accepting directions and getting along with the inlaws have all been very helpful in keeping each other happy. Remembering the commitment was for life gets you through those tough times. And did I mention patience. RE: Best practices: Professor Gordon Marriage 5/31/2012 10:13:21 PM Dennis, It sounds like you have some sound advice. I am not sure if just flowers randomly have made the 30 years successful, but I am sure that there are a number of little things that add up over time. All the best, Robert RE: Best practices: Martial Yao Marriage 6/1/2012 4:40:53 PM Identify and prioritize objectives My wife and I adopted the following principle: Our priority #1 is to stay together, live together and take care for our children. This implies that we must accept each other with our strengths and weaknesses. When there is incomprehension, both we know that we have to preserve what is essential. RE: Best practices: Bryant Windham Marriage 5/31/2012 12:00:26 AM Before I got married in one of our counseling sessions the counselor gave me some great advice he said that the man should always have the last words in an argument and those last words are “Yes Dear”. Seriously a marriage is a contract and keeping it together is work. You have to be able to find common ground but not be afraid to let your spouse grow. You also have to be able to compromise for the mutual benefit of both you and your spouse. Focus on the things that brought you together and the things that you like about the other person and realize that they are an individual so don’t try and change them but as they grow, grow along with them. Lastly life is to be enjoyed and this is the person you chose to enjoy it with so make great moments with them. RE: Best practices: Renee Gordon Marriage 5/31/2012 2:47:04 AM Communication and trust are key factors in making a marriage work! I know couples who keep separate bank accounts because they don't trust each other to not spend all the money & who keep mostly financial secrets from each other. It baffles me--and they wonder why they fight all the time!! I believe in full disclosure and in working together to make a relationship work. It takes both parties to work toward the other's happiness & well being. If both people do that, then there won't be much strife & there will not be many obstacles that they cannot work through together. RE: Best Ray Stout 5/31/2012 4:34:45 AM practices: Marriage Renee, I woudl have to actually disagree with you. I think it is a great idea to have separate finances in a marriage because it allows either party to actually surprise the other. In my house hold we break down everything, by income percentage, that goes into an account and the bills are paid from that automatically. ANy extra in our different accounts can be used for what ever. OF course if one gets into trouble there is always a way to transfer from one account to the other, but it allows for some freedom to not only surpirse the other, but save up money and resources to afford those types of things. I woudl agree that it is all about communication. If both parties are communicating and working from the same goals, everything works. I woudl add including raising children. When that communication breaks down is when problems start. I am sure we have all watched or read about the different reasons different mental disorders are portrayed on television and movies. Most of them come down to either wanting attention from one party or another, or the inability to communicate a want or desire. Now, by no means am i saying that is the only reason, i am jsut saying that communication between all parties concerned in a marriage is key to make it successful.. Everything else will work its self out because the parties can find a common ground. Shockingly enough just like every other contractual relationship. enjoy, ray RE: Best practices: Jennifer Weaver Marriage 6/3/2012 10:09:22 PM Ray, I have to agree with you to some extent, there does need to be some seperation for exactly that reason, if one person wants to surpise or do something for the other person it is very difficult when one person is controlling all of the money or both parties are able to see what the other is always doing. This should not be an issue if there is trust between the parties within the relationship and I have found that in many marriage there are many fights and disputes because life becomes a bit too much of togetherness and there is no more feeling of an indipendant or individual identity between the two parties. As an example, my father always did the finances and my mother always had to let him know when she was buying things or taking money out of the account. Finally, about 5 years ago, they seperted some of the money so that my mother could learn to manage money and she could have her own account. She loved it and the financial relationship got much better, the only thing she ever uses her account for is to suprise my father with gifts and she has more confidence in managing money which makes my father happy since he wants to ensure she could always take care of herself if something were to occur. This is a very positive example of a loving and trusting relationship, it seems as if when trust is lost, seperation becomes an issue. RE: Best practices: Kathryn Saura Marriage 5/31/2012 11:42:59 PM Renee, That's a great example. If there is no trust in a relationship or in any partnership that involves needing to come to agreements, then there is no point in even being in the relationship. Agreeing to terms of a contract is similar to a relationship where you have to have this open communication to understand what is important to one another and how it will benefit them. If this information is kept from one another then chances are this partnership, or in business, a potential project, can easily fail. RE: Best practices: Yelena Magid Marriage 6/1/2012 10:37:42 PM Bryant your counselor is a wise man and he gave you a great advise. It should not be “I” in the marriage only “We”; however once married many people continue thinking only about oneself, then the union fails. Negotiations are important in the marriage, and couple should always find compromise in order to keep marriage strong. RE: Best practices: Dennis Granlund Marriage 6/3/2012 11:59:46 AM I generally don't like counselors mainly because the ones we have been involved with in our lives have seemed to have the main goal of keeping you coming back to sustain their business. However sounds like you have a good one. I especially like the last words and the focus on the things that brought you together. There are many great slogans that you can by picture frames and decor for your home that remind you of how you enjoy life together. Best Practices Bryant Windham 5/30/2012 10:14:41 PM I have not worked with contracts as an employee but when I owned a rental property I used several of these best practices. I would put Know what you want – lowest price or best value and Know the big picture together as one. As a landlord when it came to remodeling a unit you have to always look at the big picture of the marketplace and decide whether you want to go with lowest price or best value. You had to understand that some items of a remodel will not translate into a higher rental rate. This was the same for repairs you had to make sure that it was done correctly, quickly and weight the price of different options of repair. As landlord I had to evaluate potential sources promptly and dispassionately when it came to selecting tenants for units. Even if the potential tenants presented themselves as a likeable person I still had to evaluate them dispassionately according to the application and documentation that they gave. Best Practices: 45 Actions Tamika Francis to Improve Results 5/30/2012 11:53:10 PM I believe as a buyer the following actions are key Know what you want—lowest price or best value, State your requirements in performance terms and evaluate accordingly and Conduct market research about potential sources before selection (Garrett 159) to any contract. I used these actions when I was planning my wedding to great results and when buying a car. As a buyer you need a starting off point to begin with so that you understand the direction you want to go with. You can not negotiate a contract if you do not understand what you are trying to get out the contract and you can not know when to end negotiations if you do not know what you will and will not take in your you contract negotiations. References Garrett, Gregory A.. World Class Contracting, 5th Edition. CCH. <vbk:978-0-80802568-9#outline(9.2.1)>. RE: Best Practices: 45 Actions Professor Gordon to Improve Results 5/31/2012 10:16:07 PM Tamika, One should go for best value. I believe it was Zig Ziglar that stated that with a low price that one will likely have to apologise to the customer about poor quality or an insufficient guarantee. It is better to have to apologise once for a slightly higher price than to continually have to apologise for poor quality or an insufficient guarantee. All the best, Robert RE: Best Practices: 45 Actions Tamika Francis to Improve Results 6/2/2012 10:22:39 PM I very much agree in most cases I go for the best value possible even if it means I spend a little more for the product. If it last a long time it was well worth the price. I have this argument with my husband all the time because he will rather by something cheap 5 times before he realizes that we are not always getting the moneys worth from the product. Many of our large home purchases are my ideas but I always have to show him my research to prove that the value we are getting is really good for the product. RE: Best Practices: 45 Actions Matthew Hartman to Improve Results 6/1/2012 5:58:14 PM I read an article on CNN early today, however could not find it this evening, so here is one referencing Consumer Reports. Wal-Mart truly focuses on low prices. Look where it got them - bottom of the list. Some of the complaints were congested/congested aisles and items being out of stock. Low price is easy to do, but the repercussions are harder to overcome. http://fox8.com/2012/04/04/consumers-reports-ranks-best-and-worstgrocery-stores/ Best Practices David Fore 5/31/2012 5:08:05 PM One practice that I have seen in business, is the best value and lowest price. This is important in any aspect of business, and it is an important practice that we should practice in our daily life. We use this alot on simple task at my job. Research has to be done when implementing this practice. This is particularly important when purchasing a vehicle, home or any other large ticket item that involves a contract. RE: Best Practices Tyrone Labad 6/1/2012 1:26:08 PM David, I agree with you that one should be looking at getting a good price, but unless its a very matured market where suppliers are many and technology is advanced, there would be trade offs between the quality and value that we get and the price that the supplier would want to charge from us. Value should be measured in terms of immediate benefits, long term benefits, maintenance costs, reliability and quality and many other parameters that would make for an optimum solution, and this may not may not be got at a very low cost. Hence there must be tradeoff analysis to see whats the optimum value based on what the requirement is, and then they should make the decision to select the right supplier. Best Practices Knowing Felicia Walters When to Walk Away 5/31/2012 8:43:15 PM Every opportunity is not a good opportunity. Generally a relationship starts out fine. However one of the parties may begin to fall behind. For example they may not return phone calls or attend scheduled meetings. They may have unrealistic expectations. In this case, the relationship has been tainted. There is no sense of trust. The best mode of action is to walk away. RE: Best Practices Knowing Yelena Magid When to Walk Away 6/2/2012 10:22:17 PM If contract terms and conditions do not align with firm’s goals, then it would be prudent to walk away from contract. “No business is better than bad business.” (Garrett 2010, p.148) Walking away from bad opportunities would save resource for more favorable and profitable contracts. Bad contract would defeat main objective of any company to make profit, and avoiding such contracts would help business to survive. Lowest price or best value Jennifer Weaver 6/1/2012 8:59:54 AM I think this is a great practice to know what you want as this concept will apply to any organization and will likely depend on the scenario it is being applied to. Even in someone personal life this is a good practice, thinking of airline tickets, knowing what you want, in most cases it is lowest price as a driver, this helps to establish a proper strategy to search and makes decision making points easy, you are searching the lowest price possible and when you find it this is the one you purchase. RE: Lowest Cynthia Mcgowan 6/1/2012 6:55:57 PM price or best value I agree with you Jennifer, and I also think that you will need to have a range that is acceptable for quality when it comes to your lowest price. What this means is that you will have to set the upper and lower bounds to what you expect when you try to get lowest price. It could be that lowest price means that you are getting only a fraction of what you originally set out to find. Even your lowest priced item will still need to adhere to some types of standards in order to be acceptable. RE: Lowest price or Professor Gordon best value 6/2/2012 2:06:27 AM Jennifer, I agree that there is a bid difference between the lowest price and the cheapest price. I feel that people can get a low price but that may mean that they get something that will cost them more in the long run. Knowing the difference is very important. All the best, Robert Best Practices Kathryn Saura 6/1/2012 11:20:27 PM One of the actions I chose was creating a competitive analysis report. This is something that we recently did at my organization to use in negotiations with prospective customers. After finding out what other competitors they are looking at, it helps to deliver our pitch so they see how we would be a better choice. Another action I have used to improve results was know what you want-lowest price or best value. My region manager always stresses to us that a sale does not happen until value exceeds cost. So our view is that we stress the value of our product so that customers mock the same mentality of the importance of the best value over the lowest price. RE: Best Martial Yao 6/2/2012 3:08:49 PM Practices If you want your business to succeed, you need to know almost everything about your competitors like your own company and your customers. Competitive analysis is a key element in the development of the company strategy. The report will include information about competitors' products, R&D, production methods and costs, organization, marketing strategies, strengths and weaknesses, and so on. RE: Best Practices Lorenzo Welch 6/2/2012 8:57:42 PM Martial you I would agree with you. If you do plan to stay in business you have to know what your competitor is offering. Most business some times only focus on low price but consumers have a lot of information that is readily available if they chose to do some research. If a RFP is submitted it is in the interest of a bidder to indicate accurate quotes for machinery. The lowest price may win bid but If prices increase after Award Phase. Client will be unhappy and may never use services again. Most business and people can respect value and price points that are co-related to such products or service RE: Best Practices Trudy-Ann Dyer 6/2/2012 10:35:51 PM I think one of the most important best practices that buyers and sellers should exercise is to know the other party. You don't need to to have an existing relationship, however it is important to do research just as you would for a job interview- finding out who it is you are going to be working for and what the company does. It is also essential to communicated directly with the other party to get the answers you need. RE: Best Practices Dennis Granlund 6/3/2012 12:00:53 PM The second part is to gain the other parties respect by being reliable and fulfilling your commitments. Obtain independent estimates Tara Miller 6/2/2012 6:50:38 PM I also think that obtaining independent estimates from the consultants or outside experts to assist in the source selection. Having an independent outlook on the source selection and any part of the contracting process, I believe is important in the negotiation. They can provide a perspective on the situation that someone who is involved and possible have their livelihood involved in the deal. RE: Obtain independent Tamika Francis estimates 6/3/2012 9:41:32 PM This is a good idea. Many areas of business suggest that you use independent companies to review what you are purchasing to ensure you are getting the right value. This includes having a mechanic when you are buying a used care and a home inspector when you are buying a home. These are the types of persons that you can draw from for sourcing and bench marking whether estimates that are given are adequate to contract for purchase. RE: Obtain independent Professor Gordon estimates 6/3/2012 9:41:54 PM Tara, This is a good one. I feel that getting outside expert advise is always a good idea. And for those who are fans of Pawn Stars, one sees that this is the difference between making a good deal and a bad deal. All the best, Robert Know when to Ruchi Galande walk away 6/3/2012 6:30:55 AM It is very important part for any buyer or seller because negotiation has its own limits. There will be a moment when you will feel this not going to work and it is just waste of time to deal further. In India I used to do this a lot for street shopping where it is important to bargain as seller keeps the product price high. You have to decide what will be reasonable priced to buy that product. But some time the price does not work with seller and I just decide to walk away as I know how much I want pay (value of money) of the product. It can happen other way round also where seller says I cannot sell this product on this price and he just walk away from selling. RE: Know when Cynthia Mcgowan to walk away 6/3/2012 9:36:05 PM Ruchi, I agree with you on this, and I would add that it is important to know when to walk away, even after the contract has been signed. When parties see that they have made a mistake it is good to know when to count your losses and find a way out of the deal. Staying in a bad deal to the end may cost more for you than it does to buy (negotiate) your way out ahead of time. RE: Know when Felicia Walters to walk away 6/3/2012 11:38:45 PM Some companies unfortunately feel as if they have invested a great deal of time and money into an endeavor. This creates a false sense of security. It can lead the parties involved into thinking that they need to stay involved in a contract. The reality of the matter is that staying in the contract after the unprofessional transactions have taken place can cause much more harm. RE: Know when Tara Miller to walk 6/3/2012 1:38:34 PM away I agree with Ruchi that it is important to know when to walk away. Related to my experience we are in a contract that we should have walked away in the beginning. The only positive thing that my company is getting out of this deal is that we are getting past experience with this type of work in the contract. This will help in the future and being able to get related work but we are barely making a profit and are in a business relationship where the subcontractor is in charge of the whole deal based upon their relationship with the client. The only reason we were needed in this situation is because we are a sole-source 8A and the client wanted this type of contract but also wanted the other subcontractor who is not an 8A. So we walked into a situation where we are essentially the "shell" and have no say in most of the project. Based on this we will be able to know in future contracts what to look for if the client is seeking this type of arrangement that will essentially just make us a vessel so that they can get the people that they want, not necessarily the people that they need to do the work. RE: Know when Tiffany Terrell to walk away 6/3/2012 2:55:27 PM Ruchi you made an excellent point and I can agree. Although gaining new business as a seller or obtaining new services or products as a buyer is often a goal, knowing when to walk away is just as important. I think that it also goes back to understanding the WIN/WIN concept. I think that both sides need to understand their limits and when even further negotiation won't help the situation. I have worked with potential clients where a solution proposal was not working out for both of us. I do feel that when these types of situations arise that it's important to try and move forward positively so that when future opportunities arise there won't be any animosity. State your requirements in performance Trudy-Ann Dyer terms 6/3/2012 7:08:03 AM For a successful project outcome it is very essential to have clear requirement stated for performance evaluation, be clear in communicating those requirements to vendors and to evaluate accordingly. This ensures that both parties are on the same page and know what expectations are for the business relationship. The seller determines the scope of the venture, the vendors have the opportunity to determine if they can handle the project and perform to the expected standards. Know market and industry practices Yelena Magid 6/3/2012 4:56:24 PM Knowledge of current market and industry practices is important to have a better advantage during negotiations. For sellers this strategy involves intelligence gathering about competition, and for buyers allows comparing prices and quality of products/services offered. This knowledge will assist in decision-making process by providing concrete facts. We are constantly using this technique in everyday lives; for example, if looking for an appliance first we find out what market has to offer and then search for the best possible deal for the chosen product. RE: Know market Felicia Walters and industry practices 6/3/2012 11:40:50 PM It's really not about having an upper hand. It's about being appropriately prepared. When entering negotiations you need to have fulfilled your research requirements beforehand. There's an important need to be well informed. It also helps to have a basis about what other organizations are doing in the industry, whether they are competition or not. RE: Know market Kathryn Saura and industry practices 6/3/2012 6:37:10 PM Yelena, I definitely agree that as a buyer, knowing current market and industry practices is beneficial to comparing products and services. Other than comparing prices, reading product reviews is something I usually do before investing in something. It helps in my decision making process to know not only what will be most affordable but also what will be most valuable towards me and worth the cost. Additionally, as a seller it is important to know your competitors so that you know what competitive advantages to highlight with your product and how to differentiate your product or service from others in the same market. Great post! RE: Know market Bryant Windham and industry practices 6/3/2012 10:01:25 PM I would agree with Yelena and Kathryn. Knowing the current market is everything. If you are in market for a product and don’t do market research you could spend too much or buy and out dated product. When I was a drug rep we had to stay on top of our drug and all the drugs in our marketplace as to make sure that we sold on the differences. Closing Comments Professor Gordon 6/3/2012 9:40:13 PM Class, Best practices are just in the end great recommendations based upon previous experience. In some cases, the recommendations are not situational - such as using a good agenda. In other cases, the recommendations are situational as they are based upon different people and circumstances. What is important it so know these recommendations in the future so that if an appropriate situation comes up, a person knows the tools available to use. The more tools that one has for a job, the better off that one will be. Now that we have reached the end of the week’s discussions about best practices, I would like to offer this counterpoint to best practices. Although I do not agree with all the points of this article, this author does offer another point of view that should be reviewed. See the below link and make your own judgment, I promise not to cringe. http://blogs.hbr.org/hbr/cramm/2009/08/are-we-failing-theory-or-is-th.html In closing, it is not critical to remember all the best practices presented, but to know a few that you feel apply the most and to know where to find the other best practices when the situation demands it. All the best, Robert