Tuesday, July 5, 2011

Why should you purchase my book "Negotiating Procurement Contracts - The Knowledge to Negotiate"

If you read my blog you know that my primary focus is on helping build all the different types of knowledge that you need to effectively negotiate. Neither negotiation tactics or negotiation strategies on their own will make you successful.It’s knowledge that makes your strategies more effective and it’s knowledge that makes your tactics work. My book “Negotiating Procurement Contracts:The Knowledge To Negotiate” was written to be complimentary with the blog. It adds a number of new topics and expands upon many of the topics in the blog. What makes this book different from other negotiation books is that it is 100% focused on providing more knowledge about procurement negotiations.

What does the book include? Here is a list by chapter.
1. Building negotiation knowledge. This chapter stresses the importance of knowledge as part of negotiation.
2 Understanding Cost. As most procurement negotiations are about cost and this chapter helps you understand all the potential costs that can exist in a procurement relationship that may need to be addressed in the contract and negotiation.
3 Understanding Cost in Contract Terms. I wrote this chapter to help you identify the different costs that are addressed in individual contract terms so that you better understand the terms and they costs they are designed to mange. Understanding the helps you do a better job of negotiating them.
4 Understanding Procurement Risks. To negotiate contracts you need to understand the potential risks that can exist in a procurement relationship. The better you understand the potential risks, the better you should be in drafting and negotiating contracts.
5 Understanding Contracts. This chapter addresses 15 different things about contracts you should know if you are going to negotiate contracts. The goal of this is not to make you a lawyer but to understand these key issues from the perspective of how to draft and negotiate contracts. It expands upon many of the contract related topic in the blog.
6. Limits of Liability. To effectively write and negotiate contracts you need to understand all of the ways in which liability can be limited in a contract and its not just the limitation of liability section. This discusses all the different types of limitations so you are aware of them and can use them or quickly spot when they are being used on you.
7 Structuring Contracts to Drive Behavior and Performance. The terms you include in your contract influence how the supplier will respond. This chapter focuses on how to write and negotiate terms that drive the right behavior and performance.
8. How Companies Operate. One of the things that always amazed me was how little knowledge procurement and contracts people had about how a company operates and how they sell. These impact a number of different things in a negotiation and in enforcement in the event of a problem, so its best to learn how they operate and the impact it can have on your negotiation.
9. Standard Terms, Why Are They There? I’ve had procurement people tell me that terms were a bunch of “legal mumble jumble. That’s because they didn’t understand what they meant or why they were included. If you understand that you are better positioned to negotiate them,
10. Negotiation Basics. This is a brief chapter that talks about different negotiation strategies and all the different phases of negotiation. My view of negotiate is the process starts well before you sit down at the table and continues long after the contract is signed. If you write or negotiate contracts you should understand this
11. Using Prequalification to Prepare to Negotiate. I’ve written a small amount about this in the blog. This expands upon that and talks about why prequalification is a very important tool for use in negotiations.
12. Negotiation. Here I talk about preparing for the negotiation, establishing and managing the negotiation team and the tools a negotiator should have when negotiating. I also provide some general thoughts on negotiation that are in addition to the specific topics on the blog.
13. The Remaining Phases of Negotiation. The emphasis here is making sure that you understand that the negotiation doesn’t end when the contract is signed. What you do prior to the negotiation determines how successful you will be in the negotiation. What you do after the negotiation determines how much of the bargain you negotiated for you will keep.
14. Buyer and Supplier Negotiation Goals. This chapter provides a general listing of both the buyer and suppliers goals of which many are in direct conflict. If there were agreement on goals there would be nothing to negotiate.
15. Communication In Negotiation. As I have written significantly about communication in negotiation in the blog, chapter is brief and that focuses on general communication activities in negotiations and the importance of asking questions in a negotiation.
16. Avoiding Enforceability Problem Costs. Having the best contract in the world doesn’t do you any good unless its enforceable. In this chapter I provide a number of tips in terms of how to write and negotiate contracts to avoid enforceability problems.
17. How Suppliers Attempt To Manage Liability. The major focus of this chapter is all the different words and terms that suppliers try to include in agreements to reduce their potential liability. If you learn that you’ll easily be able to spot them when a supplier tries to use them on you.
18. Buyer’s Management of Risk and Liability. This chapter includes a few tips on things buyer can do to help manage risk and liability.
19. A Contract Negotiation Example. In this chapter I take a red-line of a clause where a supplier made a large number of proposed changes and highlight what they are doing, why they did it and what the impact of that proposed change would be. If you will be negotiating contracts you need to quickly identify what the real impact of a proposed change will be.
20. Negotiating Concessions. In this chapter I briefly highlight what needs to be in place for a supplier to be willing to make concessions and buyer’s role in persuading the supplier to agree to make the change.
21. Negotiating Cost. If you are going to negotiate on a cost basis, you need to understand cost terms, the different types of cost models and how to use them to negotiate cost. In this chapter I expand upon all the blog posts about cost and negotiating cost including discussing various cost models that can be used for cost negotiations
22. Discounts. Discounts don’t have to be limited to the volume of purchases. There are a number of different types of discounts that I’ve negotiated and seen negotiated and I wanted to share them as food for thought.
23. Negotiating Delivery. If you are going to negotiate internationally you need to understand all the different delivery term and how to negotiate delivery. This expands upon some of the delivery related blog posts.
24. Negotiating Quality, Managing Quality Cost. Since quality is a key cost in procurement relationships I summarize my thoughts on negotiating quality and managing quality cost.
Glossary of Terms. If you are going to write and negotiate contracts you need to learn how to speak the language and understand what the terms mean. In the glossary I have taken virtually every term I’ve ever encountered in negotiating procurement contracts and have defined them or explained what they mean as a tool for both reading the book and the blog but in also building your vocabulary of common procurement terms.

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