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Essentials for Government Contract Negotiators

Book Description

Learn to negotiate by applying business-savvy negotiation strategies and tactics, anticipating and countering the other side's strategies and tactics, and concluding and documenting the negotiation successfully. Essentials for Government Contract Negotiators focuses on the distinctive aspects of government negotiations, helping you hold your own in an actual, sit-down negotiation session with a skilled counterpart. With this book you will learn to:
• Select and apply negotiation skills in a government-unique environment to achieve a true-best value result
• Develop a negotiation plan, including your BATNA
• Recognize less-than-ethical tactics and be prepared to counter them
• Properly conclude and document the negotiation
• Use acquisition histories to gather appropriate data
• Manage challenges
Facilitate better negotiation outcomes

Table of Contents

  1. Cover
  2. Title Page
  3. Copyright Page
  4. About the Author
  5. Dedication
  6. Table of Contents
  7. Preface
  8. Acknowledgments
  9. Part One: Getting Started
    1. Chapter 1. Overview of Federal Government Negotiations
      1. Goals of the Government Negotiator
      2. Goals of the Private Sector Negotiator
    2. Chapter 2. Negotiation Opportunities—More Than You Think!
      1. The Impact of the Federal Acquisition Streamlining Act
        1. Best Value
        2. Performance-based
      2. Noncompetitive Negotiations
  10. Part Two: Preparing for Negotiations
    1. Chapter 3. Assembling Your Negotiation Team
      1. Characteristics of a Negotiation Team
      2. Team Members
        1. The Team Leader
        2. Contract Specialists
        3. Price Analysts/Cost Analysts
        4. Technical Representatives/Technical Experts
        5. Program Managers
      3. Briefing the Team
    2. Chapter 4. Gathering Data
      1. The Requirements Package
      2. The Solicitation Document
      3. The Contractor’s Proposal
      4. The Technical Evaluation Report
      5. Fact-finding/Exchanges
      6. Price Analysis and Cost Analysis
      7. Acquisition Histories
      8. Other Sources of Data
    3. Chapter 5. Establishing Prenegotiation Objectives
      1. Focus on Your Customer’s Needs
      2. Determine “Must” Points versus “Give” Points
      3. Finalize Your Prenegotiation Objectives
    4. Chapter 6. Researching the Other Party
      1. Researching the Company
      2. Researching the Company’s Negotiators
      3. Information Sources
      4. Info-gathering Tips
    5. Chapter 7. Developing the Negotiation Plan
      1. Objective Statement
      2. Background Information
      3. Team Members
      4. Negotiation Objectives
      5. Major Issues
      6. Negotiation Strategy
        1. Assess Bargaining Power
        2. Establish Your BATNA
        3. Choose a Strategy
      7. Schedule and Logistics Considerations
    6. Chapter 8. Rehearsing the Negotiation Plan and Developing the Agenda
      1. Review the Negotiation Plan and Negotiation Strategy
      2. Make Sure Everyone Understands the Roles of Each Team Member
      3. Assign Homework to Your Team Members
      4. Conduct a Mock Negotiation Session
      5. Review Government Negotiation “Do’s” and “Don’ts”
      6. Develop a Negotiation Agenda
  11. Part Three: Negotiation Tactics
    1. Chapter 9. Introduction to Tactics
    2. Chapter 10. Assigning Negotiation Roles
      1. The Team Leader
      2. The Good Cop
      3. The Bad Cop
      4. The Technocrat
      5. The Sweeper
  12. Part Four: Tactics You Can Use
    1. Chapter 11. Time Tactics
      1. The Time Pressure Tactic
        1. Counters to the Time Pressure Tactic
      2. The Time Investment Tactic
        1. Counters to the Time Investment Tactic
    2. Chapter 12. Questions/Trial Balloons
      1. Questions
      2. Trial Balloons
      3. Counters to Questions/Trial Balloon Tactics
    3. Chapter 13. The Silence Tactic
      1. Using Silence as a Tactic
      2. Counters to the Silence Tactic
    4. Chapter 14. The Vise Tactic
      1. Counters to the Vise Tactic
    5. Chapter 15. The Order of Issues Tactic
      1. Counters to the Order of Issues Tactic
    6. Chapter 16. The Good Cop/Bad Cop Tactic
      1. Counters to the Good Cop/Bad Cop Tactic
    7. Chapter 17. The Caucus Tactic
      1. Counters to the Caucus Tactic
    8. Chapter 18. The Nibble Tactic
      1. Counters to the Nibble Tactic
    9. Chapter 19. The Ambiguous Authority Tactic
      1. Counters to the Ambiguous Authority Tactic
    10. Chapter 20. The Bracketing Tactic
      1. Counters to the Bracketing Tactic
    11. Chapter 21. The Set-aside Tactic
      1. Counters to the Set-aside Tactic
    12. Chapter 22. The Tradeoff Tactic
      1. Counters to the Tradeoff Tactic
        1. “How Do I Use My Inherent Power as a Government Negotiator?”
        2. “How Thoroughly Have I Researched My Position on This Issue?”
    13. Chapter 23. The Coupling Tactic
      1. Counters to the Coupling Tactic
    14. Chapter 24. The Empty Pockets Tactic
      1. Counters to the Empty Pockets Tactic
  13. Part Five: Tactics to Watch Out For
    1. Chapter 25. The Climate Control Tactic
      1. Counters to the Climate Control Tactic
    2. Chapter 26. The Strength in Numbers Tactic
      1. Counters to the Strength in Numbers Tactic
    3. Chapter 27. The Walk in the Woods Tactic
      1. Counters to the Walk in the Woods Tactic
    4. Chapter 28. Emotional Tactics
      1. Anger
        1. Counters to Anger
        2. How to Defuse a Protest Before It Happens: An Example
      2. Personal Attacks
        1. Counters to Personal Attacks
      3. Guilt
        1. Counters to Guilt
      4. Frustration
        1. Counters to Frustration
      5. Confusion
        1. Counters to Confusion
      6. Fear
        1. Overcoming Your Fear
        2. What the Other Side Fears
        3. Using Their Fear to Your Advantage
    5. Chapter 29. The Walkout Tactic
      1. Counters to the Walkout Tactic
      2. Chapter 30. The Lock-in Tactic
      3. The Classic Lock-in Tactic
      4. The Fait Accompli
      5. Threats
        1. Direct Threat Approach
        2. Veiled Threat/Concerned Warning Approach
      6. “Take It or Leave It”
      7. Counters to the Lock-in Tactic
    6. Chapter 31. The Decoy Tactic
      1. Counters to the Decoy Tactic
    7. Chapter 32. The Sweep Tactic
      1. Counters to the Sweep Tactic
    8. Chapter 33. The Deliberate Mistake Tactic
      1. Phony Facts
        1. Counters to Phony Facts
      2. Deliberate Omissions and Errors
        1. Counters to Deliberate Omissions and Errors
    9. Chapter 34. The Planted Information Tactic
      1. Counters to the Planted Information Tactic
  14. Part Six: The Negotiation Event
    1. Chapter 35. Setting the Stage
      1. Reserve the Rooms
      2. Clear Schedules
      3. Check Availability of Extended Negotiation Team
      4. Set Up the Room
      5. Preplan Lunch and Breaks
    2. Chapter 36. Opening the Negotiation
      1. Make Introductions
      2. Establish Your Authority
      3. Verify the Other Side’s Authority
      4. Make an Opening Statement
      5. Allow the Other Side to Make an Opening Statement
      6. Transition to Your First Tactic
      7. Listen
    3. Chapter 37. Conducting the Negotiation
      1. Do’s
      2. Don’ts
    4. Chapter 38. Closing the Negotiation
      1. Preparing the Ground for Closing
      2. Methods of Closing
        1. The Total Agreement Close
        2. The Ambiguous Authority Close
        3. The Power Close
        4. The Either/or Close
        5. The Silent Close
        6. The Split-the-Difference Close
      3. Ensuring Total Agreement
      4. Making Everyone Feel Like a Winner
    5. Chapter 39. Documenting the Negotiation
      1. The PNM or Price Justification
      2. Release of Claims
      3. Obtaining Required Reviews and Approvals
      4. Documenting Post-award Actions and Providing Post-award Notifications
      5. Preparing the Contract, Award, or Agreement Document
    6. Chapter 40. In Conclusion
  15. Appendix A. Recommended Reading
  16. Appendix B. Sources of Data
  17. Index