Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Florida Department of
Management Services
Florida Contract Negotiator
Initial Course
Participant Guide
A Curriculum for Contract Negotiators
2014
Division of State Purchasing
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
The Florida Contract Negotiator course is intended to provide the required knowledge and skills that promote best
practices and procedures related to negotiation to ensure that certified contract negotiators are knowledgeable
about effective negotiation strategies, capable of successfully implementing those strategies, and involved
appropriately in the procurement process. Reference Section 287.057(16)(b), F.S. and Rule 60A-1.041, F.A.C.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Table of Contents
Foreward ...................................................................................................................................5
Preface ......................................................................................................................................7
Unit 1: Course Introduction ...............................................................................................................8
Intro to DMS...............................................................................................................................8
Course Overview ........................................................................................................................9
Sign-In Sheets……………………………………………………………………………………………………………………….. 9
Participant Guide………………………………………………………………………………………………………………….. 9
Florida Contract Negotiator In-Class Outline.. ..............................................................................9
Components of Certification………………………………………………………………………………………………… 12
Ice Breaker: The Interview……………………………………………………………………………………………………….. 13
Review Online Modules ............................................................................................................ 14
Ethics for Public Procurement Professionals.......................................................................... 14
Stage 1: Need Identification Process ..................................................................................... 15
Stage 2: Pre-Solicitation Process ........................................................................................... 15
Stage 3: Solicitation Preparation Process .............................................................................. 16
Stage 3B: Competitive Solicitation – Invitation to Negotiate .................................................. 16
Stage 4: Solicitation Process ................................................................................................. 16
Stage 5: Response Evaluation Process ................................................................................... 17
Stage 5B: Negotiate the Contract Process ............................................................................. 17
Stage 6: Contract Award Process .......................................................................................... 18
Stage 7: Contract Management…………………………………………………………………………………………… 18
Negotiation Self-Assessment Inventory..………………………………………………………………..……………….. 20
Negotiation Activity 1A…………………………………………………………………………………………..……………….. 20
Negotiation Activity 1B………………………………………………………………………………………………..………….. 22
Unit 2: Negotiation Introduction....................................................................................................... 23
Negotiation Definition ............................................................................................................. 23
Negotiation Strategy ................................................................................................................ 24
Negotiation Outcomes ............................................................................................................. 24
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Unit 3: Negotiation Preparation…………………………………………………………………………………………………….... 26
Creating a Preferred Agenda…………...………………………………………………………………………………......... 26
Techniques and Counter Techniques………………………………………………………………………………………… 26
Influencing the Negotiation……………………………………………………………………………………………………… 29
Unit 4: Conducting the Negotiation…………….…………………………………………………………………………………… 30
Conducting the Negotiation - Phase 1………………………………………………………………………………………. 30
Conducting the Negotiation - Phase 2………………………………………………………………………………………. 31
Conducting the Negotiation - Phase 3………………………………………………………………………………………. 31
Negotiation Impasses………………………………………………………………………………………………………………. 32
Experiential Role-Play Activity 1………………………………………………………………………………………………. 33
Experiential Role-Play Activity 2………………………………………………………………………………………………. 35
Unit 5: Course Review and Q&A Session……..……….…………………………………………………………………………. 37
Course Review……………………………………..…….………….……..………………………………………………………… 37
Components of an FCCN Certification………………………………………………………………………..…………….. 37
Unit 6: Final Assessment and Course Evaluation………..……………………………………………………………………. 37
Final Assessment Questions and Preparation…...........................................................................37
Course Evaluation………………………………………………………………………………………………………………..….. 37
Activity Handouts……………………………………………………………………………………………………………………..…….. 38
Handout 1 – Ice Breaker: The Interview…….………………………..……………………………………................ 39
Handout 2 – Negotiations Self-Assessment Inventory Worksheet Activity 1A…………………………… 40
Handout 3 – Behavior Descriptions Activity 1A..………………………………………………………………………. 41
Handout 4 – Negotiations Self-Assessment Scoring Activity 1A………………………………………………... 43
Handout 5 – Behavioral Traits Worksheet Activity 1B………………………………………………………………. 44
Handout 6 – Negotiation Job-Aids……………………………………………………………………………………………. 45
Handouts 7-8 – Negotiator Team Checksheet Negotiation Activity #1…....……..………………………… 46
Handouts 9-10 – Observation Team Checksheet Negotiation Activity #1……..…………………………… 48
Handouts 11-12 – Negotiator Team Checksheet Negotiation Activity #2…...…..………………………… 50
Handouts 13-14 – Observation Team Checksheet Negotiation Activity #2…..……………………………. 52
References/Resources:…...………………………………………………………………………………………………………………. 54
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
FOREWORD
The primary mission of the Department of Management Services is to support sister agencies as
well as current and former state employees with workforce and business-related functions so that
agencies can focus on their core missions as defined in law. In essence, “We Serve Those Who Serve
Florida.”
The Division of State Purchasing’s Professional Development program is designed to support the State of
Florida’s goal to achieve the best value for the state using the most effective, efficient, and economical
practices in the industry.
The goal of the Florida Contract Negotiator course is to train and develop designated contract
negotiators. Participants in contract negotiation training should complete the course with an
understanding of effective negotiation strategies and techniques and be capable of successfully
implementing those strategies and techniques during contract negotiations. The course will
provide participants the opportunity to practice their negotiation skills through participation in
small group role-play activities. They should also be familiar with what is required of them in
their role in the procurement process as a contract negotiator. Participants should be capable
of achieving an 80 percent pass rate on the final assessment administered at the conclusion of
the Florida Contract Negotiator course.
Course Description
In this course, you will learn and practice the technical skills and analytic frameworks that are
necessary to negotiate successfully with counterparts desiring to conduct business with the
State of Florida.
In this course, you will learn to face the challenge of negotiation. You will work with training
materials on negotiation and building teams that will be used in the contract negotiation
process. In addition, you will have the opportunity to practice these skills using experiential
role-play activities with your counterparts and team members.
In sum, we will focus both on the analytic tools necessary to become a successful negotiator
and on the relationship building skills necessary to negotiate contracts that will provide the best
value to the State of Florida.
Course Objectives
The objective of this course includes improving your ability to:

analyze negotiation situations

develop a strategic plan and agenda for effective negotiation

gain an understanding of negotiator behavior

negotiate effectively

gain confidence as a negotiator
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
The purpose of this course is to understand processes of negotiation so that you can negotiate
successfully in a contract negotiation setting. This course will provide you with the opportunity
to develop skills experientially, understand useful analytical frameworks, and appreciate the
role of emotion in contract negotiation situations.
Certificate of Course Completion
Throughout the course you will be prompted to test your understanding of terms and concepts.
When the course is complete, you will have to take a final course assessment. When you pass
the assessment, you will earn a Certificate of Completion for successfully completing the Florida
Contract Negotiator course.
To become a Florida Certified Contract Negotiator (FCCN), you must complete the following:
•
FCCN Certification Requirements
– Successfully Complete Course Requirements
– Complete Work Experience Requirements
– Initiate FCCN Certification Application Process1
•
Application can be found on the DMS website
– See Rule 60A for Specific Requirements2
NOTE 1: Completion of the FCN Course does not result in contract negotiator certification,
additional requirements must be met.
NOTE 2: The above requirements are based upon current Rule 60A-1.041, Florida
Administrative Code.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
PREFACE
Curriculum Plan
The curriculum was designed to allow learners to develop their cognitive behavioral skills while
participating in experiential learning activities.
Classroom Session
The units in this course are designed with a structured format to aid the learner in completing
the course objectives, role-play activities, and participate in individual and group discussions.
Class Guideposts
The following icons are used to prompt facilitators when delivering the course and presenting
supplemental course material.
LCD Projector: Used to
introduce or support
module/unit objectives.
PowerPoint Presentation Slide:
Materials presented to participants
during the course of instruction.
Whiteboard: Present
supplemental information
from the course. Also used
by participants when
completing activities.
Flipchart: Present supplemental
information from the module or
write down classroom discussions.
Also used by participants when
completing classroom activities.
Class Break: Used to
indicate scheduled break
times.
Supplemental Material: Materials
found in the Participant Guide or
handed out. Used by the instructor
and participants during module
presentations, classroom activities,
and written assignments.
Classroom Activity:
Identifies an individual,
small group, or an entire
class activity.
Review Questions: Used to
indicate a review of materials
and/or question & answer session.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
UNIT 1: COURSE INTRODUCTION
Unit 1 Topics:
– Intro to DMS
– Course Overview
– Course Structure
– Final Assessments
– Components of Certification
– Online Module Review
– Negotiation Activities 1A and 1B
Intro to DMS
Welcome to the Department of Management Services’ (DMS) Florida Contract Manager
Professional Development course.
Here at DMS, “We serve those who serve Florida.” We provide many services to help state
agencies meet their responsibilities.






Fleet Management
Human Resource Services and People First
Real Estate Development and Management
Retirement and State Group Insurance
Telecommunications
State Purchasing
State Purchasing assists state agencies with meeting important responsibilities related to sound
stewardship of public funds. Responsible management of public funds begins with fair, open,
and competitive procurement practices. The Division of State Purchasing delivers services that
result in true best value for state agency purchases. Good stewardship ensures we maintain a
well-trained and highly qualified team of contract negotiators.
To this end, The Department of Management Services is responsible for teaching the courses
for a Florida contract negotiator to become certified. In fact, each contract negotiator for
contracts in excess of $100,000 annually must become certified. To meet this statutory
obligation, the Department of Management Services has revised not only the Florida Contract
Negotiator professional development program but all of the programs under its purview. This
program is designed to provide you with the knowledge and skills you need to meet your
responsibilities as a Florida contract negotiator.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Course Overview
The purpose of the Florida Contract Negotiator course is to provide the participants with the
knowledge and skills necessary to be an effective contact negotiator.
This course will ensure that Florida contract negotiators are trained in effective negotiation
strategies; capable of successfully implementing those strategies during contract negotiations;
and familiar with what is required of them in their role in the procurement process as a
contract negotiator.
The Florida Contract Negotiator course consists of 2 eight-hour sessions designed to be
delivered over a period of 2 consecutive days. The training uses a closed-loop design which
requires that all participants go through the course from start (Day 1) to finish (Day 2), rather
than starting at some point in the middle of the curriculum.
Sign-in Sheets
You must sign the sign-in sheet at the beginning of each day and after returning from lunch.
Participant Guide
You should have completed the initial online pre-assessment, online course modules, and
printed your participant guide.
FCN In-Class Outline
The FCN course is scheduled for 2 eight-hour sessions. The course is structured as follows:
Day One
– Unit 1: Course Introduction
– Course Overview
– Icebreaker Activity
– Online Module Review
– Negotiation Assessment Style Inventory Activity
– Unit 2: Negotiation Introduction
– Introducing Negotiation Strategies and Outcomes
– Unit 3: Negotiation Preparation
– Preparing for Negotiation
– Unit 4: Conduct Negotiation
– Conducting the Negotiation – Experiential Role-Play Activity 1
Day Two
– Unit 4: Conduct Negotiation (cont.)
• Conducting the Negotiation – Experiential Role-Play Activity 2
– Unit 5: Course Review and Q&A
• Course Review and Open Question and Answer Session
– Unit 6: Final Assessment and Course Evaluation
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Day one is intended to engage you in the learning process by identifying the course objectives
and expected learning outcomes.
The main goal of the Day one morning session is to conduct introductions of the instructor and
the participants. In addition, you will participate in the Online Module review session and
complete a Negotiation Assessment Style Inventory.
During the afternoon session, we will present and discuss negotiation preparation and learn
how to conduct the negotiation. We will also complete the first of two role-play activities in the
Day one’s afternoon session.
Day two’s morning session will continue with conducting negotiation role-play activities.
Day two’s afternoon session will provide a course review and question and answer session in
preparation of the final assessment. The final assessment will be closed book. We will also ask
you to provide feedback by completing a course evaluation.
Participants will be deemed to have successfully completed the course once they have
completed all course objectives, completed the assigned coursework for each module/unit, and
successfully passed the course final assessment. Upon successful completion, participants will
receive a course certificate.
Experiential Learning Cycle
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Florida Contract Negotiator Initial Course
The Florida Contract Negotiator initial course provides the appropriate background knowledge
and skills to individuals designated as contract negotiators so they can effectively negotiate
government contracts in Florida.
The presentation of this material is not intended to give information on your agency-specific
policies and procedures. Participants are encouraged to discuss specific agency requirements or
procedures with their Purchasing Director.
The legal components of the Florida Contract Negotiator initial course provide general Florida
law principles.
This course is not intended to be merely read. It is designed as an experiential learning
process, where the learner is engaged through hands-on activities, reflective observation,
active experimentation, and learning from the experience. No one learns how to play baseball
by reading a book. Everyone learns by picking up a bat and a ball. The same holds true with the
processes and methods used in presenting this course.
This course has been prepared and designed with a series of units that will be completed by
engaging participants in individual exercises, small group role-play activities, and guided
discussions. This course is about the "craft" of successful negotiations. And, no craft is learned
without active participation and continuous practice.
FCN Course Map
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Final Assessment
There will be a closed-book graded assessment the end of day 2. You will be required to pass
the final assessment with a grade of at least 80% in order to receive credit for this course. The
final assessment will consist of 25 multiple choice questions. It will include questions on the
topics covered in the online modules and material we will cover in the classroom over the next
two days.
We will grade the final assessment before you leave. If you do not pass, you will be allowed to
review your notes and take the final assessment again before you leave. If you do not pass the
second attempt, you will have to register for the instructor-led portion of this course and reattend. You should know that priority for seating will be given to those who have not yet
attended this class.
You should not have trouble passing the final assessment as long as you pay attention during
the class and participate in activities.
Components of FCCN Certification
To become a Florida Certified Contract Negotiator (FCCN), you must complete the following:
•
FCCN Certification Requirements
– Successfully Complete Course Requirements
– Complete Work Experience Requirements
– Initiate FCCN Certification Application Process1
•
Application can be found on the DMS website
– See Rule 60A for Specific Requirements2
NOTE 1: Completion of the FCN Course does not result in contract negotiator certification,
additional requirements must be met.
NOTE 2: The above requirements are based upon current Rule 60A-1.041, Florida
Administrative Code.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
ICE BREAKER: THE INTERVIEW
CLASSROOM ACTIVITY
Instructor and Participant Introductions
Pick a partner, preferably someone you do not already know. Interview each other for about
twenty minutes (ten minutes per person) and write down the responses using the prepared
interview questionnaire (Handout 1 - Ice Breaker: The Interview). Find out their name, where
they are from originally, agency they work for, likes about their job, challenges they face on
their job, hobbies, favorite sport, travel, etc.
After the interview you will reassemble into the group and when called upon introduce your
team member to the group. This ice-breaker activity will allow you to learn about the others in
your class and prepare you for further group interactions and role-plays later in the session.
Refer to Handout 1 - Ice Breaker: The Interview in your Handout Section and begin the
interview when prompted by the instructor.
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Review Online Modules
CLASSROOM DISCUSSION
Online Module Review
Take out the Online Modules Worksheet you were given (printed) when you completed the
online portion of this course.
Ethics for Public Procurement Professionals
This module covered procurement related issues concerning prohibited actions or conduct,
requirements specific to non-competitive procurement, and whether appearances matter.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Stage 1: Need Identification Process
The goal of Stage One is to identify the specific need for a commodity or service and develop a
plan to address that need. This stage covered need identification, budget identification, and
purchasing strategy.
Stage 2: Pre-Solicitation Process
The goal of Stage Two is to develop the background information needed for a successful
competitive solicitation and to decide which of the competitive solicitation methods is the most
appropriate.
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Stage 3: Solicitation Preparation Process
The goal of Stage Three is to prepare and review a competitive solicitation before it is released
to the vendor community. This stage covered planning, drafting, and reviewing the solicitation,
preparing the solicitation documents for posting, and selecting the evaluation or negotiation
teams.
Stage 3B: Identify and Prepare Negotiation Team
The goal of Stage 3B is to explain when an agency must justify or support using an Invitation to
Negotiate (ITN). State the requirements for identifying and preparing a negotiation team. And,
identify the types of meetings the negotiation team may conduct.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Stage 4: Solicitation Process
The goal of Stage Four is to release and manage a competitive solicitation. This stage covered
posting the solicitation document, responding to vendor questions, and managing addenda to
the solicitation document.
Stage 5: Response Evaluation Process
This stage covered opening, reviewing, and evaluating responses to a competitive solicitation,
negotiating with respondents, if appropriate, and making an award recommendation.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Stage 5B: Response Evaluation Process
The goal of Stage 5B is to describe the evaluation process for selecting respondents with which
to negotiate. Identify the four suggested steps the negotiation team follows when preparing to
negotiate a contract. And, list the four agenda orders typically used in negotiations.
Stage 6: Contract Award Process
Stage Six covered posting the agency decision, drafting and reviewing the contract, and
executing the final contract.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Stage 7: Contract Management
Stage Seven covered the primary functions of contract management.
IN CLOSING:
The contract negotiation process is not always linear. You will have several tasks or activities
that you must perform, and at times, they may overlap. Some of the tasks may also be ongoing
and recurring.
As a Florida contract negotiator, you may or may not be involved in all stages leading up to the
actual negotiation. However, the effectiveness of your contract negotiation is heavily affected
by a thorough understanding of these procurement stages and your planned preparation
leading up to the actual negotiation.
Before we move on, it’s important to recognize that each agency may do things differently.
Your agency will have procedures to follow and certain documentation requirements. It’s your
responsibility to know about and follow your agency’s procedures. This course will demonstrate
best practices, and for the most part, involve discussions and activities so as to prove beneficial
to the state employee.
NOTES
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Negotiation Self-Assessment Inventory Survey Activity 1A
CLASSROOM ACTIVITY
Negotiation Self-Assessment Inventory
Unit 1 Objective: Upon completion of this unit, you will be able to:

Identify the 5 negotiation styles.
Refer to Handout 2 – Negotiation Self-Assessment Inventory Worksheet located in your
handouts section and read the instructions on how to complete the inventory survey.
Instructions: There are 25 statements in this negotiation self-assessment inventory. Take 15-20
minutes and read each statement. Score yourself on each statement on a scale of 0–5 and
record your response in the unshaded box next to that question. Remember to total your score
for each column (A, B, C, D, & E) at the bottom of the inventory worksheet.
After you complete the self-assessment inventory, refer to Handout 3 – Behavior Descriptions,
and review the five (5) behavior descriptions as they relate to the negotiation inventory styles.
Your instructor will review this material with you before you review and analyze your own
inventory style scores.
Avoidance
Is avoidance ever an appropriate strategy? If so, can you provide specific instance(s)?
Refer to Handout 3 – Behavior Descriptions and read about the times when avoidance may be
appropriate.
Aggression (Competition)
Is aggression ever an appropriate strategy? If so, can you provide specific instance(s)?
Refer to Handout 3 – Behavior Descriptions and read about the times when aggression may be
appropriate.
Accommodation
Is accommodation ever an appropriate strategy? If so, can you provide specific instance(s)?
Refer to Handout 3 – Behavior Descriptions and read about the times when accommodation
may be appropriate.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Compromise
Is compromise ever an appropriate strategy? If so, can you provide specific instance(s)?
Refer to Handout 3 – Behavior Descriptions and read about the times when compromise may
be appropriate.
Collaboration
Is collaboration ever an appropriate strategy? If so, can you provide specific instance(s)?
Refer to Handout 3 – Behavior Descriptions and read about the times when collaboration may
be appropriate.
Negotiation Self-Assessment Inventory Scoring Worksheet Activity 1A
The columns on the self-assessment inventory survey correspond to one of the five behaviors.
The higher your score in each area, the greater your tendency to exhibit those behaviors.

Refer to the Negotiations Self-Assessment Inventory Worksheet and identify your topscoring style.

Now locate your top-scoring negotiation style in Handout 3 – Behavior Descriptions and
take a few minutes to review and read about your negotiation style.
After you have reviewed your negotiation style, use Handout 4 – Negotiations Self-Assessment
Scoring sheet, to analyze your scores and negotiation style.
Using the Handout 4 – Negotiations Self-Assessment Scoring sheet, your instructor will assist
in explaining the 5 Negotiations Style Model, and help you analyze and interpret your scores.
This will aid you in understanding why and when you may find yourself relying on these
negotiation styles.
Remember, there is no right or wrong style. The negotiation style inventory identifies your
negotiation style by what you do most, not how well you do it. It is a measure of your
frequency of performance, not your effectiveness.
We all tend to lean towards a certain favorite behavior and pressure causes us to revert to
those favorites. That’s when it is most important to remember you have choices and effective
negotiators simply choose the correct behavior for the right occasion.
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Negotiation Behavior Traits Worksheet Activity 1B
Refer to Handout 5 – Negotiation Behavior Traits Worksheet located in your handouts section. Read
each behavior and, using the negotiation style key and the Behavior Descriptions handout,
select the negotiation style each statement most closely reflects.
Using the Behavior Traits Worksheet:
•
•
•
•
Read each behavior.
Select the negotiation style each behavior most closely reflects.
You may use the Negotiation Style Key and the Behavior Descriptions handout.
Working on your own, take 10-15 minutes to complete the worksheet.
After completing this activity, your instructor will review each of the worksheet statements
with the entire group and discuss responses.
NOTES
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END OF UNIT 1
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UNIT 2: NEGOTIATION INTRODUCTION
Negotiation Introduction:
Unit 2 Topics:
– Negotiation Definition
– Negotiation Strategy
– Negotiation Outcomes
Unit 2 Objectives: Upon completion of this unit, you will be able to:
 Define Contract Negotiation.
 Differentiate between Distributive and Integrative negotiation.
 Identify the four types of negotiation outcomes.
Negotiation Definitions:
In your words, what is the definition of negotiation? ___________________________________
______________________________________________________________________________
______________________________________________________________________________
A few definitions of negotiation may be:

A process in which two or more parties exchange goods and services and attempt to
agree upon the exchange rate for them.

Negotiation is a process by which two or more parties, each with its own goals and
perspectives, coordinate areas of interest through concessions and compromise to
reach an agreement.

Negotiation refers to a process in which individuals work together to formulate
agreements about the issues in dispute. This process assumes that the parties involved
are willing to communicate and to generate offers, counter-offers, or both. Agreement
occurs if and only if the offers made are accepted by both of the parties.

The degree to which the interests of the parties are aligned can facilitate the range and
type of outcomes available for resolution.
However, for the purposes of this course we will define contract negotiation as:
“A process where each party involved in the negotiation tries to gain an advantage for
themselves by the end of the process. Negotiation is intended to aim at compromise.”
Jeffrey Nutt
Law
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While there may be a variety of definitions for negotiation, the two constant themes are that:
1. All negotiations have a purpose.
2. All negotiations have an outcome.
As a contract negotiator representing the State of Florida, you are attempting to achieve a
win/win negotiation which will produce a best value contract for the State.
Distributive Negotiation
This type of negotiation is when both parties compete over the distribution of a fixed amount
of value. Any gain by one party represents a loss to the other party.
The strategies used in Distributive Negotiation are:




I want it all
Good Guy, Bad Guy
Time wrap
Ultimatums
NOTES:________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Integrative Negotiation
TELL participants this type of negotiation is when both parties’ interests are to find a win/win
solution. Their interests can be integrated to enlarge the pie or create joint value through
compromise.
The strategies used in Integrative Negotiation are:





Know your BATNA
Focus on interests and not position
Separate the people from the problem
Insist on using objective criteria
Invest option for mutual gains
NOTES:________________________________________________________________________
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Negotiation Outcomes
As stated earlier, “Negotiation is a process where each party involved in the negotiation tries to
gain an advantage for themselves by the end of the process. Negotiation is intended to aim
at compromise.”
I Win-You Win:
A win-win negotiation settlement is an integrative negotiated agreement. In theory this means
the negotiating parties have reached an agreement after fully taking into account each other’s
interests, such that the agreement cannot be improved upon further by any other agreement.
I Win-You Lose:
This term refers to a distributive negotiation whereby one party’s gain is another party’s loss.
Both parties are competing to get the most value from the negotiation.
Also called the ‘fixed-pie’ scenario, as there is only a limited amount to be distributed.
I Lose-You Win:
This term refers to a distributive negotiation whereby one party’s gain is another party’s loss.
Both parties are competing to get the most value from the negotiation.
Also called the ‘fixed-pie’ scenario, as there is only a limited amount to be distributed.
I Lose-You Lose:
A negotiation result where all parties to a negotiation leave resources on the table at the
conclusion of a negotiation and fail to recognize or exploit more creative options that would
lead to a ‘win-win’ negotiated outcome.
Negotiation Job-Aids
Refer to Handout 6 – Negotiation Job-Aids. There are two job-aids exhibited in this handout.
1. The Negotiation Outcome visual aid is presented as an overview of negotiation
characteristics as they relate to Distributive versus Integrative negotiated outcomes.
2. The Negotiation Job-Aid is a reference resource you may find useful to explore further
as you prepare for and conduct contract negotiations.
These job-aids are not covered in detail in this course, but are available for you to review and
study on your own. You will not be expected to know the information contained in Handout 6
as part of your final assessment.
END OF UNIT 2
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
UNIT 3: NEGOTIATION PREPARATION:
Negotiation Preparation:
Unit 3 Topics:
– Creating a Preferred Agenda
– Techniques and Counter Techniques
– Influencing the Negotiation
Unit 3 Objectives: Upon completion of this unit, you will be able to:




Define a Preferred Agenda.
List items that may be included in the Preferred Agenda.
Identify the three (3) categories of a win/win negotiation strategy.
Identify negotiation techniques and counter techniques.
Creating a Preferred Agenda:
Agendas set the order in which your issues will be discussed between the sides involved in the
negotiation. This requires developing your negotiation plan to influence the other side to agree
to your contract terms.
The agenda may include the following items:







Opening remarks, welcome and introductions
Introduction of lead negotiators for both sides
Ground Rules
General schedule for the negotiation sessions
Topics to be addressed - in the order to be discussed
Subsequent meetings
Vendor presentation of service delivery
Techniques and Counter Techniques
We are going to introduce a few of the numerous negotiation techniques and counter
techniques that can be used to successfully negotiate a contract.
If you recall from Online Module 5B – Negotiate the Contract, you were introduced to the 3
categories of a win/win strategy. The influencing techniques of a win/win strategy can be
aligned under those three (3) categories we call reasoning, power, and rapport.
Refer to the tables on the next two pages to follow the class discussion on the various types of
negotiation techniques.
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Techniques and Counter Techniques
Influencing techniques of a win/win strategy can be aligned under three (3) categories:
reasoning, power, and rapport. You will want to prepare your negotiation strategy ahead of
time by reviewing these influencing techniques before a negotiation session.
Dictionary of Project Management Terms (3rd ed.). (2008). and Negotiation Style & Techniques, Dr. Barry N. Smith
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Techniques and Counter Techniques Continued
Review Question
Can you identify what the common theme throughout this unit has been? _________________
_____________________________________________________________________________.
As you probably identified, influence has been the common theme of this unit. By introducing
and applying the techniques discussed at the negotiation table, it increases the likelihood the
other side will change their position on the issue(s).
Influencing in negotiation is about dealing with the other side assertively. You must be speaking
to the issues with knowledge and confidence, while listening to the point of view of the other
side. Being assertive during a negotiation is the best way to achieve a win/win outcome.
NOTES
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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END OF UNIT 3
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
UNIT 4: CONDUCT THE NEGOTIATION:
Conducting the Negotiation:
Unit 4 Topics:
–
–
–
–
–
–
Conducting the Negotiation – Phase 1
Conducting the Negotiation – Phase 2
Conducting the Negotiation – Phase 3
Negotiation Impasses
Experiential Role-Play Activity 1
Experiential Role-Play Activity 2
Unit 4 Objectives: Upon completion of this unit, you will be able to:




Identify the 3 negotiation phases.
Develop a negotiation strategy.
Identify and use negotiation techniques and counter techniques.
Demonstrate an ability to document the negotiation.
Conduct Negotiation Sessions:
Negotiations with respondents should occur in three phases. We will discuss each phase and
their purpose, and what may result if a negotiation reaches an impasse.
During negotiation meetings with vendors, offers from the other respondents will not be
disclosed, beyond the public records requirements established in Chapter 119.071(1)(b)2, F.S.
and the public meetings requirements outlined in Chapter 286.0113(2)(c)2, F.S.
Negotiation meetings with a vendor should be used to move through the solicitation
requirements to make progress towards the state's "primary" issues, which are positions that
can be changed through negotiation and ultimately a contract that will provide the best value
to the State.
Phase 1 – Initial Negotiation Session:
Following the evaluation and ranking of replies, an initial meeting with each of the
selected vendors starts the negotiations process.
This meeting introduces the teams, establishes rapport, and reviews the agenda. The
ground rules are communicated and as part of the introduction, each team should
present a brief overview of their presentations and goals for the session.
Florida Contract Negotiator Initial Course 2014
Source: § 119.07 and 286.011, Florida Statutes
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Phase 2 – Review Revised Proposals:
Negotiation meetings in Phase 2 will consider the vendor's revised proposal.
Review every section of the State's requirements and the vendor's replies, rather than
only discussing noticeable issues team members may have identified.
Adjustments to the solicitation should be made by restating/reshaping the State's
position and objectives as necessary during the negotiation processes looking for
alternatives.
Source: § 119.07 and 286.011, Florida Statutes
Phase 3 – Review Vendor BAFO:
Negotiations in the third phase usually consist of one negotiation meeting, where the
vendors’ "best-and-final-offer" (BAFO) is reviewed. If appropriate, the vendors amend
their replies for the last time. Make sure to get everything in writing.
The negotiation team has reached agreement on the pertinent terms and prepared a
written summary to then make a recommendation on a particular vendor.
At this point the negotiation phase is complete, unless an impasse is reached with all
vendors invited to the negotiations.
Source: § 119.07 and 286.011, Florida Statutes
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Negotiation Impasses:
If negotiations reach an impasse with all vendors invited to the negotiations, then the
State has the option to reject all replies and cancel the ITN.
Or, the State can reject all replies and issue a notice of intent to reissue an ITN, with or
without naming a timeframe in which the new ITN will be released.
Issuing a notice of intent to reissue, after rejecting all replies, protects the
confidentiality of all previous replies received and other State information associated
with the original ITN for not more than 12 months.
Source: § 119.07 and 286.011, Florida Statutes
NOTES
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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Experiential Role-Play:
Goals:
Learners will gain an understanding of:
 How to prepare for a negotiation.
 How to conduct a negotiation.
Learning Objectives:
Learners will be able to:




Develop a negotiation strategy;
Practice negotiation skills;
Identify and use techniques and counter-techniques; and
Demonstrate an ability to document the negotiation.
Negotiation Activity 1:
Scenario: The Department of Photography (DOP) is seeking a web-based Photography License
Testing System that will be used by the Photographer License Examiners in offices operated by
the Department. The negotiation teams are as follows:






Department Team A – Represent DOP.................(Blue 3 members)
Department Team B – Represent DOP.................(Blue 3 members)
Respondent Team 1 – Represent WBBS.............(Green 3 members)
Respondent Team 2 – Represent TMT...............(Green 3 members)
Observation Teams A – Neutral Observer….......(Yellow 2 members)
Observation Teams B – Neutral Observer….......(Yellow 2 members)
Use the Participant Negotiation Activity #1 Activity Book:
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Negotiation Teams and Observers:
There are two supplemental checksheets (Negotiator Team and Observation Team) which will
be used by the respective team members to document negotiation strategies, plans, outcomes,
and/or observations during the negotiation sessions. They are located in the back of your
Participant Guide in the Handouts section (Handouts 7 through 10). There are two checksheets
for each activity, as you will be participating as a negotiator or observer for both negotiations.
NOTES
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Experiential Role-Play:
Goals:
Learners will gain an understanding of:
 How to prepare for a negotiation.
 How to conduct a negotiation.
Learning Objectives:
Learners will be able to:




Develop a negotiation strategy;
Practice negotiation skills;
Identify and use techniques and counter-techniques; and
Demonstrate an ability to document the negotiation.
Negotiation Activity 2:
Scenario: The Department of Fiction Books is seeking facilitation and guidance services to the
Department to develop a Strategic Plan, based on, but not limited to, recommendations made
by the Efficiency Consultant Group (ECG). The negotiation teams are as follows:






Department Team A – Represent DOP.................(Blue 3 members)
Department Team B – Represent DOP.................(Blue 3 members)
Respondent Team 1 – Represent WBBS.............(Green 3 members)
Respondent Team 2 – Represent TMT...............(Green 3 members)
Observation Teams A – Neutral Observer….......(Yellow 2 members)
Observation Teams B – Neutral Observer..........(Yellow 2 members)
Using the Participant Negotiation Activity #2 Activity Book:
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
Negotiation Teams and Observers:
There are two supplemental checksheets (Negotiator Team and Observation Team) which will
be used by the respective team members to document negotiation strategies, plans, outcomes,
and/or observations during the negotiation sessions. They are located in the back of your
Participant Guide in the Handouts section (Handouts 11 through 14). There are 2 checksheets
for each activity, as you will be participating as a negotiator or observer for both negotiations.
NOTES
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
END OF UNIT 4
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
UNIT 5: MODULE 5C COURSE REVIEW AND Q&A:
Unit 1 – Course Introduction

Objective 1: Upon completion of Negotiation Self-Assessment Activity 1B, identify the 5
negotiation styles.
Unit 2 – Negotiation Introduction



Objective 1: Define Contract Negotiation.
Objective 2: Differentiate between Distributive and Integrative negotiation.
Objective 3: Identify the four types of negotiation outcomes.
Unit 3 – Negotiation Preparation




Objective 1: Define a Preferred Agenda.
Objective 2: List items that may be included in the Preferred Agenda.
Objective 3: Identify the three categories of a win/win negotiation strategy.
Objective 4: Identify negotiation techniques and counter techniques.
Unit 4 – Conducting the Negotiation





Objective 1: Identify the three negotiation phases.
Objective 2: Develop a negotiation strategy.
Objective 3: Identify negotiation techniques and counter techniques.
Objective 4: Practice negotiation skills in a simulated negotiation.
Objective 5: Demonstrate an ability to document the negotiation.
UNIT 6: FINAL ASSESSMENT & COURSE EVALUATION:
FCN Final Assessment and Course Evaluation:
Before you complete your final assessment, we are asking you to complete a course evaluation.
These evaluations are anonymous and will be reviewed and analyzed by someone other than
the instructor.
We are asking all participants to please provide your honest feedback so that we can make
informed decisions about updates that need to be made to the course and improve the overall
program.
Evaluations


Evaluations are completely anonymous.
Please provide your honest feedback.
Final Assessment





The final assessment is a closed book, timed assessment.
The assessment is made up of 25 multiple choice questions.
You will be given 60 minutes to complete the final assessment.
You must pass with at least 80% to receive credit for the course.
Will have up to 2 attempts to pass.
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUTS
The following handouts will be used during the 2-day instructor-led class. You will need to print
these handouts in order to participate in the classroom activities.
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 1 – ICE BREAKER: THE INTERVIEW
Use this checklist to complete the interview activity. Once completed, you will introduce your
classmate to the rest of the class.
Ice Breaker: The Interview
1. Who are you (name)?
2. Where are you from originally?
3. What agency do you work for?
4. How long you have been performing contract negotiator duties?
5. Name one or two likes about your current job.
6. Name one challenge you currently face on your job.
7. Name one concept or skill you would like to take away from this session.
8. Name one of your hobbies and favorite sport or sports team.
9. Name one place you would like to visit and why.
Handout 1 – Ice Breaker: The Interview
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 2 – NEGOTIATIONS SELF-ASSESSMENT INVENTORY WORKSHEET ACTIVITY 1A
Score yourself on each statement on a scale of 0 – 5. Record your score in the unshaded box provided.
0 = never 1 = rarely 2 = sometimes 3 = occasionally 4 = frequently 5 = always
Statement
A
B
C
D
E
1. If the other party’s position seems very important to him or her, I may sacrifice my
own position.
2. I address problems and concerns directly without blame or judgment.
3. I try to win by convincing the other party of the logic and benefits of my position.
4. I tell the other person my ideas for and ask for his or hers in return.
5. I try to find a compromise solution.
6. I try to postpone discussions until I have had some time to think.
7. I see achievement as more important than relational issues.
8. I use body language that might be perceived as condescending or arrogant.
9. Confronting someone about a problem is very uncomfortable for me.
10. I give up some points in exchange for others.
11. I propose a middle ground.
12. I am likely to take a comment back or try to soften it if I realize that it hurt
someone’s feelings.
13. I think it is all right to ask for what I want or to explain how I feel.
14. I find conflict stressful and will avoid it any way I can.
15. I have been described as impatient, controlling, insensitive or emotionally detached.
16. If asked to do something I don’t agree with or don’t want to do, I’ll do it but
deliberately won’t do it as well as I could have.
17. I let my body language communicate my feelings rather than telling people directly
how I feel.
18. I remain calm and confident when faced with aggression or criticism.
19. I may overextend myself trying to meet everyone’s needs.
20. I try to find fair combination of gains and losses for both of us.
21. I look for and acknowledge common ground.
22. I have a hard time being clear about what I want and need for fear of appearing
demanding or selfish.
23. I can overlook valuable ideas in favor of action.
24. I may not be open to hear other points of view.
25. I avoid taking positions that would create controversy.
Total your score for each column
Tero International
1840 NW 118th Street, Suite 107, Des Moines, Iowa 50325
515-221-2318 training@tero.com www.tero.com
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 3 – BEHAVIOR DESCRIPTIONS ACTIVITY 1A
The columns on the self-assessment inventory correspond to one of the five behaviors. The higher your
score in each area, the greater your tendency to exhibit those behaviors.
A = Avoidance
Negotiators who are eager to avoid confrontation ignore problems, their own needs, the needs of the
other party and the relational dynamics present. This approach results at best in a delay or at worst in a
Lose/Lose result where both relationships and results are sacrificed.
Is Avoidance ever an appropriate strategy? You might choose to use this approach for the following
reasons:
 The issue is unimportant to you and you can drop the subject without harboring ill feelings.
 You believe the damage incurred by any conflict would outweigh the benefits of voicing your side
of the story.
 You have no power to change the situation.
 You need to cool down (deferred avoidance).
 You need time to gather more information and make sure that you’ve understood the situation
accurately.
 You prefer to choose your battles wisely and since you are not positive that the issue is the real
heart of the matter, you would prefer to wait and uncover the real problem.
B = Aggression (Competition)
Aggressive negotiators focus exclusively on their own objectives. They are eager to win, even at the
expense of others. They attend only to short-term outcomes. Trust and long-term results may be
jeopardized in pursuit of this I Win/You Lose outcome.
Is Aggression ever an appropriate strategy? You might choose this approach for the following reasons:
 You need quick decisive action and do not have the time for a lengthy negotiation.
 Your job is to enforce unpopular rules and you are genuinely not open to feedback.
 You are certain something is non-negotiable and immediate compliance is needed.
 You are protecting yourself against other aggressive people who view attempts to collaborate as
a sign of weakness.
C = Accommodation
Negotiators who focus too heavily on the relational dynamics avoid attending to their own needs and
interests. They risk a You Win / I Lose outcome in which the other party wins at your expense.
Is Accommodation ever an appropriate strategy? You might choose this approach for the following
reasons:
 You realize that you were wrong and are now willing to concede to the other person.
 You care less about the issue than the other person and are willing to let them win this round.
 You are losing anyway and want to cut your losses.
 You dislike conflict and want to restore harmony.
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
D = Compromise
This common approach to negotiations searches for middle ground in resolving differences rather than
pursing potential solutions that often are found in common interests. It results in getting some of what
you want and some of what you don’t want. Compromise is our usual default but is less than a Win/Win
since it results in a “both kinda win/both kinda lose” outcome.
Is Compromise ever an appropriate strategy? You might choose compromise as your approach for the
following reasons:
 The issue is only moderately important to you and you’re willing to go partway.
 You need to achieve a temporary agreement.
 Your efforts at a Win/Win negotiation have failed and a compromise is your Plan B.
 You do not want to make the creative effort to find options that completely satisfy both sides’
needs.
E = Collaboration
Collaborative negotiators stand up for their own interests, needs and values while honoring the
interests, needs and values of others. They are results-oriented and are sensitive to the relational
dynamics present. They seek to create value in non-obvious ways through working with the other party
and then ensure that the value they extract meets their own goals and represents a satisfactory
outcome for others. Between competing and accommodating, and beyond compromise, lies a balance
of collaborative behaviors that lead to Win/Win.
Is Collaboration always the best approach? Since it takes a greater investment of time and energy, you’ll
want to weigh your goals in advance before embarking on a collaborative approach. In most cases, you’ll
find the results worth the effort expended. As with all things that require skill, the more you engage in
the behaviors, the easier and more effortless they become. Commit to making collaboration your default
style of influencing.
Choose Collaboration as your approach for the following reasons:
 You are anxious to maintain your good working relationship with the other person/people.
 You would like to learn as much as possible from the situation.
 You need a solution that everyone will be happy with for a while.
 You want people to have a sense of increased empowerment through the consensus-building
process of a Win/Win negotiation.
 You want to model good negotiations and conflict resolution to others.
 Your goals require input from many members of the team—you need all perspectives as well as
high-quality results.
Tero International
1840 NW 118th Street, Suite 107, Des Moines, Iowa 50325
515-221-2318 training@tero.com www.tero.com
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 4 – NEGOTIATIONS SELF-ASSESSMENT SCORING ACTIVITY 1A
This assessment inventory is designed to measure the behaviors you rely on most readily in negotiations
and the typical outcomes that result.
The columns on the self-assessment correspond to one of the five behaviors. Record your column scores
in the model below corresponding to the appropriate letter. The higher your score in each area, the
greater your tendency to exhibit those behaviors.
The model above shows the five approaches (behaviors) and the corresponding possible outcomes
based on the degree to which the interests, needs and values of each party are met or unmet.
What do my scores mean?



A score of 5—10 indicates a slight reliance on this behavior in negotiations
A score of 11—19 indicates a moderate reliance on this behavior in negotiations
A score of 20—25 indicates a strong reliance on this behavior in negotiations
A high score in two or more areas may mean that you have developed behaviors (either appropriate or
inappropriate) in a second behavioral area that you rely on interactions. For example, many people find
they rely on collaborative or compromise behaviors when they are at their best. However, when they
feel stressed, pressured, anxious or angry, they resort to a secondary behavior such as accommodation,
aggression or avoidance.
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 5 – BEHAVIORAL TRAITS WORKSHEET ACTIVITY 1B
Instructions: Read each behavior below and, using the negotiation style key and the Behavior
Descriptions handout, select the negotiation style it most closely reflects.
Behaviors
_____ 1. Willing to go partway because the issue is only moderately important to you.
_____ 2. You can drop the subject without harboring ill feelings because the issue is
unimportant to you.
_____ 3. Willing to let the other person win because you care less about the issue than the
other person.
_____ 4. Eager to win, even at the expense of others.
_____ 5. You are results-oriented and sensitive to the relational dynamics.
_____ 6. You dislike conflict and want to restore harmony.
Negotiation Style Key
A Avoidance
B Competition
C Accommodation
D Compromise
E
Collaboration
Source: Tero International. 2014 http://www.tero.com
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 6 – NEGOTIATION JOB-AIDS
Negotiation Outcomes Process
Contract Negotiation Job-Aid
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 7 – NEGOTIATOR TEAM CHECKSHEET
NEGOTIATION ACTIVITY #1 – NEGOTIATOR CHECKSHEET
[Ensure you have read the Negotiator Handout Instructions before using this activity worksheet.]
As a negotiator, your role is to conduct the negotiation using selected strategies and applied techniques,
which were presented in training and that you thought had a direct impact to negotiation. Use this
checksheet to document your negotiation session.
PREPARING and CONDUCTING NEGOTIATION
(Negotiator Notes/Comments)
Items
Accomplished
A. ABOUT YOU (Strategy, Technique, Agenda):
1. What is your overall goal?
2. What are the issues?
3. How important is each issue?
4. Developing a scoring system for evaluating offers:
a. List all the issues of importance from question A.2.
b. Determine which issues are primary or secondary.
c. Rank order all the primary issues.
d. Evaluate any offer that is on the table.
5. What is your position (resistant point)?
a. Most Desirable Outcome (MDO)?
b. What is your Least Acceptable Agreement (LAA)?
6. What is your “best alternative to negotiated agreement” (BATNA)?
B. ABOUT THE OTHER SIDE:
1. How important is each issue to the other side?
2. What is their BATNA?
3. What is their position (resistant point)?
4. Based on questions B.1, B.2, and B.3, what is your target?
C. THE SOLICITATION:
1. What deadlines exist?
2. What topics or questions do you want to avoid? How will you respond if they ask?
3. Will the negotiation move into Phase 2 and/or Phase 3? If so, what are the consequences of
each strategy, technique, or action you are considering?
D.
1.
2.
3.
THE OUTCOME:
How well do you believe the negotiation went?
Were you successful in reaching an agreement? If not, why?
What could you have done better?
4. Other Observations/Comments:
Florida Contract Negotiator Initial Course 2014
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 8 – NEGOTIATOR TEAM CHECKSHEET
NEGOTIATION ACTIVITY #1 – NEGOTIATOR CHECKSHEET
[Ensure you have read the Negotiator Handout Instructions before using this activity worksheet.]
As a negotiator, your role is to conduct the negotiation using selected strategies and applied techniques,
which were presented in training and that you thought had a direct impact to negotiation. Use this
checksheet to document your negotiation session.
PREPARING and CONDUCTING NEGOTIATION
(Negotiator Notes/Comments)
Items
Accomplished
A. ABOUT YOU (Strategy, Technique, Agenda):
1. What is your overall goal?
2. What are the issues?
3. How important is each issue?
4. Developing a scoring system for evaluating offers:
a. List all the issues of importance from question A.2.
b. Determine which issues are primary or secondary.
c. Rank order all the primary issues.
d. Evaluate any offer that is on the table.
5. What is your position (resistant point)?
a. Most Desirable Outcome (MDO)?
b. What is your Least Acceptable Agreement (LAA)?
6. What is your “best alternative to negotiated agreement” (BATNA)?
B. ABOUT THE OTHER SIDE:
1. How important is each issue to the other side?
2. What is their BATNA?
3. What is their position (resistant point)?
4. Based on questions B.1, B.2, and B.3, what is your target?
C. THE SOLICITATION:
1. What deadlines exist?
2. What topics or questions do you want to avoid? How will you respond if they ask?
3. Will the negotiation move into Phase 2 and/or Phase 3? If so, what are the consequences of
each strategy, technique, or action you are considering?
D. THE OUTCOME:
1. How well do you believe the negotiation went?
2. Were you successful in reaching an agreement? If not, why?
3. What could you have done better?
4. Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 9 – OBSERVATION TEAM CHECKSHEET
NEGOTIATION ACTIVITY #1
OBSERVER CHECKSHEET
[Ensure you have read the Observer Handout Instructions before using this activity worksheet.]
As the observer, your role is to document any specific activities, strategies, or techniques, which you
observed and believed, had a specific impact on the negotiation. You should observe your assigned
Department Team and Respondent Team as they prepare for and conduct the negotiation. Some of the
actions to observe and document include:
PREPARATION
(Observation/Comments)
Observed
Y/N
Picking a lead negotiator:
Establishing responsibilities:
Researching what is known about the solicitation:
Developing a strategy that includes at least a position for each issue:
Developing an Agenda:
Other Observations/Comments:
NEGOTIATION
(Observation/Comments)
Observed
Y/N
Negotiation Introductions:
Clarification of the overall purpose of the negotiation up front:
Use of negotiation techniques:
Use of probing questions:
Documentation of agreements:
Caucusing when appropriate:
Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 10 – OBSERVATION TEAM CHECKSHEET
NEGOTIATION ACTIVITY #1
OBSERVER CHECKSHEET
[Ensure you have read the Observer Handout Instructions before using this activity worksheet.]
As the observer, your role is to document any specific activities, strategies, or techniques, which you
observed and believed, had a specific impact on the negotiation. You should observe your assigned
Department Team and Respondent Team as they prepare for and conduct the negotiation. Some of the
actions to observe and document include:
PREPARATION
(Observation/Comments)
Observed
Y/N
Picking a lead negotiator:
Establishing responsibilities:
Researching what is known about the solicitation:
Developing a strategy that includes at least a position for each issue:
Developing an Agenda:
Other Observations/Comments:
NEGOTIATION
(Observation/Comments)
Observed
Y/N
Negotiation Introductions:
Clarification of the overall purpose of the negotiation up front:
Use of negotiation techniques:
Use of probing questions:
Documentation of agreements:
Caucusing when appropriate:
Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 11 – NEGOTIATOR TEAM CHECKSHEET
NEGOTIATION ACTIVITY #2 NEGOTIATOR CHECKSHEET
[Ensure you have read the Negotiator Handout Instructions before using this activity worksheet.]
As a negotiator, your role is to conduct the negotiation using selected strategies and applied techniques,
which were presented in training and that you thought had a direct impact to negotiation. Use this
checksheet to document your negotiation session.
PREPARING and CONDUCTING NEGOTIATION
(Negotiator Notes/Comments)
Items
Accomplished
A. ABOUT YOU (Strategy, Technique, Agenda):
1. What is your overall goal?
2. What are the issues?
3. How important is each issue?
4. Developing a scoring system for evaluating offers:
a. List all the issues of importance from question A.2.
b. Determine which issues are primary or secondary.
c. Rank order all the primary issues.
d. Evaluate any offer that is on the table.
5. What is your position (resistant point)?
a. Most Desirable Outcome (MDO)?
b. What is your Least Acceptable Agreement (LAA)?
6. What is your “best alternative to negotiated agreement” (BATNA)?
B. ABOUT THE OTHER SIDE:
1. How important is each issue to the other side?
2. What is their BATNA?
3. What is their position (resistant point)?
4. Based on questions B.1, B.2, and B.3, what is your target?
C.
THE SOLICITATION:
1. What deadlines exist?
2. What topics or questions do you want to avoid? How will you respond if they ask?
3. Will the negotiation move into Phase 2 and/or Phase 3? If so, what are the consequences of
each strategy, technique, or action you are considering?
D. THE OUTCOME:
1. How well do you believe the negotiation went?
2. Were you successful in reaching an agreement? If not, why?
3. What could you have done better?
4. Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 12 – NEGOTIATOR TEAM CHECKSHEET
NEGOTIATION ACTIVITY #2 NEGOTIATOR CHECKSHEET
[Ensure you have read the Negotiator Handout Instructions before using this activity worksheet.]
As a negotiator, your role is to conduct the negotiation using selected strategies and applied techniques,
which were presented in training and that you thought had a direct impact to negotiation. Use this
checksheet to document your negotiation session.
PREPARING and CONDUCTING NEGOTIATION
(Negotiator Notes/Comments)
Items
Accomplished
A. ABOUT YOU (Strategy, Technique, Agenda):
1. What is your overall goal?
2. What are the issues?
3. How important is each issue?
4. Developing a scoring system for evaluating offers:
a. List all the issues of importance from question A.2.
b. Determine which issues are primary or secondary.
c. Rank order all the primary issues.
d. Evaluate any offer that is on the table.
5. What is your position (resistant point)?
a. Most Desirable Outcome (MDO)?
b. What is your Least Acceptable Agreement (LAA)?
6. What is your “best alternative to negotiated agreement” (BATNA)?
B. ABOUT THE OTHER SIDE:
1. How important is each issue to the other side?
2. What is their BATNA?
3. What is their position (resistant point)?
4. Based on questions B.1, B.2, and B.3, what is your target?
C. THE SOLICITATION:
1. What deadlines exist?
2. What topics or questions do you want to avoid? How will you respond if they ask?
3. Will the negotiation move into Phase 2 and/or Phase 3? If so, what are the consequences of
each strategy, technique, or action you are considering?
D.
1.
2.
3.
THE OUTCOME:
How well do you believe the negotiation went?
Were you successful in reaching an agreement? If not, why?
What could you have done better?
4. Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 13 – OBSERVATION TEAM CHECKSHEET
NEGOTIATION ACTIVITY #2
OBSERVER CHECKSHEET
[Ensure you have read the Observer Handout Instructions before using this activity worksheet.]
As the observer, your role is to document any specific activities, strategies, or techniques, which you
observed and believed, had a specific impact on the negotiation. You should observe your assigned
Department Team and Respondent Team as they prepare for and conduct the negotiation. Some of the
actions to observe and document include:
PREPARATION
(Observation/Comments)
Observed
Y/N
Picking a lead negotiator:
Establishing responsibilities:
Researching what is known about the solicitation:
Developing a strategy that includes at least a position for each issue:
Developing an Agenda:
Other Observations/Comments:
NEGOTIATION
(Observation/Comments)
Observed
Y/N
Negotiation Introductions:
Clarification of the overall purpose of the negotiation up front:
Use of negotiation techniques:
Use of probing questions:
Documentation of agreements:
Caucusing when appropriate:
Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
HANDOUT 14 – OBSERVATION TEAM CHECKSHEET
NEGOTIATION ACTIVITY #2
OBSERVER CHECKSHEET
[Ensure you have read the Observer Handout Instructions before using this activity worksheet.]
As the observer, your role is to document any specific activities, strategies, or techniques, which you
observed and believed, had a specific impact on the negotiation. You should observe your assigned
Department Team and Respondent Team as they prepare for and conduct the negotiation. Some of the
actions to observe and document include:
PREPARATION
(Observation/Comments)
Observed
Y/N
Picking a lead negotiator:
Establishing responsibilities:
Researching what is known about the solicitation:
Developing a strategy that includes at least a position for each issue:
Developing an Agenda:
Other Observations/Comments:
NEGOTIATION
(Observation/Comments)
Observed
Y/N
Negotiation Introductions:
Clarification of the overall purpose of the negotiation up front:
Use of negotiation techniques:
Use of probing questions:
Documentation of agreements:
Caucusing when appropriate:
Other Observations/Comments:
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
REFERENCES/RESOURCES
Legal References:
Florida Statutes:
 Chapter 112 – Public Officers and Employees: General Provisions
 Chapter 119 – Public Records
 Chapter 120 – Administrative Procedure Act
 Chapter 215 – Financial Matters: General Provisions
 Chapter 216 – Planning and Budgeting
 Chapter 255 – Public Property and Publicly Owned Buildings
 Chapter 286 – Public Business: Miscellaneous Provisions
 Chapter 287 – Procurement of Personal Property and Services
Florida Adminstrative Code:
 Chapter 60A-1., Florida Administrative Code
Resources:
Asherman, Ira G; Asherman, Sandra V. (2001). The Negotiations Sourcebook. Amherst, MA., HRD Press,
Inc.
Jeffrey Nutt Law. (2014). Retrieved from http://jnuttlaw.com/services/legal-services/general-practicelaw.html
Kolb, David A., (2014). Learning Styles (2014). Retreive from http://www.simplypsychology.org/learningkolb.html
Lewicki, Roy J.; Saunders, David M.; Minton, John W. (1999). Negotiation: Readings, Exercises, and
Cases, (3rd ed.). New York, NY., McGraw Hill.
Negotiations Definitions. (2014). Negotiation Definitions Glossary. Retrieved from
http://www.negotiations.com/definition/
Smith, Barry N. Dr. (2014) Handout: Negotiation Style & Techniques.
Tero International. (2014). Negotiations Self-Assessment Inventory. Retreived from
http://www.tero.com
Ury, William. (1998). Negotiating Strategies For The Real World. United Kingdom, Nightingale-Conant.
Ury, William. (2007). Getting Past No. New York, NY., Bantamn Delt.
United States Air Force Negotiation Center of Excellence. (2014). Conducting Discussions/Negotiations.
Retrieved from http://culture.af.mil/NCE/nl_cc.aspx
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Florida Department of Management Services – Florida Contract Negotiator Participant Guide
REFERENCES/RESOURCES Continued
Ward, J. Leroy.(2008). Dictionary of Project Management Terms (3rd ed.). Arlingtorn, VA., ESI
International.
Florida Department of Management Services, Division of State Purchasing. (2013, December).
Guidebook to Public Procurement (2nd ed.). Retrieved from
http://www.dms.myflorida.com/business_operations/state_purchasing/public_procurement_pr
ofessional_development/guidebook_to_public_procurement.
- END -
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CLASS NOTES
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CLASS NOTES
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