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Overview

 

Negotiation skills are of increasing importance in the new acquisition environment.

This course covers the specifics of negotiating contract and subcontract provisions, prices and claims:

  • Best Value procurement negotiation issues.
  • Preparing for negotiations.
  • Checklists & guidelines.
  • Effective strategies.
  • Maintaining control.
  • How to successfully negotiate each key element of a contract.

To many, there is an aura of mysticism surrounding the concept of "negotiation." It stems, we think, from romanticized stories about astute individuals who-with all the cards stacked against them, and contrary to all reason-are able to skillfully negotiate fantastically advantageous agreements. And it feeds upon what might be called "breakfast table" theories of negotiation-that the outcome of a negotiation is affected by factors such as your opponents' digestion (what did they have for breakfast this morning?)...their personal problems...their physical comfort (are their shoes too tight?), their psyche, if you will. Well, maybe so.

But we are neither psychologists nor behavioral experts. Rather we are realists who have devoted our resources to consideration of the practical aspects of Government contract negotiation. And this course is the result.

Developed by Federal Publications Seminars, the course will cover what negotiators must look for in particular situations...what to ask for...what the dangers and benefits are...what practical alternatives are available...what type of arguments can be made to support their positions. With this knowledge they can always more than hold their own.

We have emphasized the practical nature of the course. By this we mean that you will learn (among other things) the specifics of negotiating terms & conditions, the statement of work, the contract price, and various contract claims. All down-to-earth tangibles. And you will learn them as they apply to all types of contracts, procurement activities, and commercial item transactions.

 

Dates/Locations
No upcoming dates/locations at this time
Agenda
9:00 AM - 4:00 PM
Las Vegas, NV
9:00 AM - 4:00 PM
Norfolk, VA
9:00 AM - 4:00 PM
Washington, DC

 

  1. The Ground Rules
    1. Government Contract Arena
    2. Statutes
      1. Competition In Contracting Act
      2. Federal Acquisition Streamlining Act
      3. Clinger-Cohen Act
    3. Regulations
      1. Federal Acquisition Regulation ("FAR")
      2. FAR Supplements
         
  2. Pre-award Actions
    1. Government
      1. Market survey
      2. Selection of competitive procedures
      3. Extent of competition
      4. Type of contract
      5. Preparing Request for Proposal (RFP)
        1. Best value continuum
        2. Evaluation factors
        3. Past Performance
      6. Issuing RFP's
      7. Oral presentations
    2. Contractor
      1. Understanding the RFP
      2. Make-or-buy decisions
      3. Data requirements
      4. Past performance
      5. Protecting your interests
      6. Submitting your proposal
         
  3. Heading Toward Award
    1. Evaluation Of Proposals
      1. Technical
      2. Management
      3. Price
    2. Exchanges With Offerors After Receipt Of Proposals
      1. Clarifications and award without discussions
      2. Communications before establishment of the competitive range
      3. Establishment of the competitive range
      4. Exchanges with offerors after establishment of the competitive range
        1. Negotiations
        2. Discussions
    3. Proposal revisions
    4. Source selection
    5. Debriefings
       
  4. Fundamentals of Negotiation
    1. Basic concepts
    2. What is a contract?
    3. Good faith in negotiations
       
  5. Traits of a Negotiator
    1. Knowledge
      1. Knowledge of the field
      2. Knowledge of the case law
      3. Trade practices
      4. Knowledge of yourself
    2. Skilled Communications
    3. Leadership
      1. The leaderless group
    4. Confidence
    5. Patience
    6. Physical Condition
    7. Ethics
    8. Compatibility
    9. Timing
    10. Flexibility
       
  6. The Negotiation Process
    1. The Importance of Preparation
      1. Background research
        1. The opposition
        2. History of similar contracts or claims
        3. Costs
        4. Profit Margin
        5. Price
        6. Statement of work
        7. Terms and conditions
        8. Technical and legal review
        9. Research the opponent's position
        10. Negotiation timing
      2. Negotiation goals
      3. Representation format
        1. The sole negotiator
        2. The team
      4. Where and when to negotiate
      5. Final pre-negotiation memorandum
      6. Preparation Charts
        1. Problem-solving chart
        2. Information bargaining chart
        3. Worst-case alternatives
        4. Bargaining chart
      7. Practice Negotiation
        1. Mock Negotiation
        2. Devil's advocate
      8. Final Agenda
        1. Climate of cooperation theory
        2. Primacy/recency theory
        3. Deal-breaker theory
        4. Front-load theory
        5. Logical order
    2. Negotiation strategy and tactics
      1. Starting the negotiation
        1. Introductions
        2. Negotiation procedures
        3. Initial probe
        4. Blocking techniques
        5. Tone of the negotiations
        6. Recess
      2. Conducting the negotiation
        1. Informal negotiations
        2. No concession is free
        3. Support every argument
          1. Statutes and regulations
          2. Authority
          3. Statistics
          4. Precedent
          5. Fairness
        4. The active defense
        5. Listening skills
        6. Winning gracefully
        7. Other good-faith tactics
          1. Controlled anger
          2. The bluff
          3. The threat
          4. Controlling the pace of negotiations
          5. Good guy/bad guy
          6. Indirect gimmicks
          7. Silence
          8. Limited Authority
          9. The walk-out
        8. Negotiation Precedent
        9. Stalemate
          1. Avoidance
          2. Creativity
          3. Mutually respected authority
          4. Walk-out
      3. Finishing the negotiation
        1. Constant oral summaries
        2. Daily meeting minutes
        3. Final company memorandum
        4. Memorandum of understanding
        5. Educating the team back home
        6. Lessons-learned analysis
           
  7. Special Subcontracting Considerations
    1. Privity of contract
    2. Flexibility
    3. Hidden risks
    4. Limitations
    5. Flow-down clauses
    6. Disputes problem
       
  8. Negotiating Claims
    1. Types Of Claims
      1. Bid protests
        1. Agency-level
        2. GAO
        3. The Courts
          1. U.S. Court of Federal Claims
          2. U.S. District Courts
      2. Contractor performance
      3. Cost disallowances
      4. Termination settlements
      5. Subcontractor claims
      6. P.L. 85-804
    2. Identifying The Claim
      1. Contract clause as source
      2. Even-oriented approach
      3. Loss approach
    3. Preparing The Claim
      1. Contract administrator's role
      2. Engineering contribution
      3. Attorney's role
      4. Marshal the facts
      5. Legal research
      6. Cost analysis
      7. Claim certification
    4. The Claim's Ladder
      1. The Contract Disputes Act
      2. Contracting Officer (C.O.)
      3. Contract appeals boards
      4. Courts

 

Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group Live
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 11.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Travel
No travel information is available at this time