Nyden on Negotiation

SEPTEMBER 6, 2021

Sorry folks, but it is TRUE. For the sell-side account manager , her/his role in post-award contract management is more fully defined, recognized and valued by the supplier because it is in essence a customer satisfaction function. Buying companies tend to overlook the post-award contracting functions: performance management, relationship management, contract modification, and non-legal dispute resolution.

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Customer Account Tools Training 52

Nyden on Negotiation

AUGUST 20, 2021

Contracts are a framework to dictate performance, not a framework for litigation. “Standard Terms and Conditions” are often misunderstood or flat out ignored. Project plans are not perfect and must be updated as changes occur. But, acceptance criteria should never change without a proper change order process. Stuff happens that the contract will not cover.

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ACT Tools Negotiation 59

Nyden on Negotiation

JUNE 14, 2021

Performance negotiations. Back-and-forth conversations to reach an agreement when the customer and the supplier do not see eye-to-eye on the solution to the performance issue. An organization’s willingness to negotiate is—at some basic level—a confession of mutual need. Those needs are reflected in the organization’s interests. Bringing facilitation skills to dispute resolution means not only understanding the customer’s interests, needs, concerns and problems.

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Negotiation Decision Maker Promotion Benefit 52

Nyden on Negotiation

JUNE 21, 2021

Strategic drift. Occurs when the customer and supplier do not work to maintain their relationship and/or work to update strategic priorities. This typically happens after a few good months or quarters. Senior management for either organization “checks out”, moves on to other initiatives and leaves this “successful relationship” to manage on its own.

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Government Meeting Data Customer 52

Nyden on Negotiation

JUNE 29, 2021

The goal of a governance structure. To design and institutionalize an effective, collaborative governance structure to deliver strategic insight. (Institutionalize, means have a system in place that works even though key individuals leave the organization, and even if the champion moves on to other initiatives.). The key to your success is to develop consistent, formalized processes, reporting, and roles structure.

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Government Report System Tools 59

Nyden on Negotiation

JULY 8, 2021

If you have a risk that needs to be addressed in a contract, use these three questions to help you get a handle on it. It could be a new risk profile due to market constraints, a new law, or a new corporate policy. Where in your standard contract are common risks addressed? (Look beyond the typical language such as Limitations of Liability and look at compliance language instead.

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Analysis Policies Proposal Ideal Customer Profile 52

Nyden on Negotiation

MAY 10, 2021

Savvy buyers. Savvy buyers will often leverage market competition to seek pricing in more than one way, or with greater granularity than they may ultimately contract for. For example, buying organizations will ask for a firm fixed fee and a cost-plus management fee for the work in the bid package. Or, a buying organization may seek within a fixed fee bid the fully burdened hourly rate for a number of classes of workers.

Competition 52

Competition Negotiation Fashion Comparison 52

Nyden on Negotiation

JUNE 11, 2021

Termination clauses. Either for convenience or for cause, include a notice to the supplier but do not set forth the structure to unwind the business relationship. In fact, these clauses may provide incentives for the supplier to “dump and run”, stripping resources from the project long before their work is transitioned to the customer. In such cases, services may be seriously disrupted, end users or customers negatively impacted, and costs significantly increased.

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Negotiation Incentives Incentive Resources 59

Nyden on Negotiation

MAY 6, 2021

Ok. Exaggeration alert. I don’t hate them the way I hate Okra or cleaning the litter box. But, when stakeholders think that a complex multi-Billion dollar deal can be contracted for a “fixed price” I feel like yelling WHHAAAT?? Which I don’t – or wait until I am on mute! I dislike them for complex situations because fixed price agreements lend themselves to a flood of change orders, which is the antithesis of a ‘fixed price”, when the risks, such as poorly defined scope of work, materialize.

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Negotiation Incentives Incentive Ideal Customer Profile 59

Nyden on Negotiation

MARCH 30, 2021

Customer/Supplier Relationships. Each customer/supplier relationship will require its own level of contract management correlating to the level of interdependence and complexity. The contract professional’s goal will be to easily identify the appropriate level of administration, monitoring and relationship management for each of the contracts being managed.

Government 52

Government Energy Report Meeting 52

Nyden on Negotiation

MARCH 23, 2021

I’ve been asked many times, “What should I do if I’m less powerful than my counterpart?”. Power plays an important role in throughout the entire contract life cycle. As it relates to the contract professional, power is your ability to alter other people’s attitudes and behaviors. People react to power in many different ways. If someone reacts to your power in a way that gets you more of what you want, you have fulfilled your intention to bring about a certain outcome.

How To 52

How To Negotiation Intent Networking 52

Nyden on Negotiation

MARCH 23, 2021

I’ve been asked many times, “What should I do if I’m less powerful than my counterpart?”. Power plays an important role in throughout the entire contract life cycle. As it relates to the contract professional, power is your ability to alter other people’s attitudes and behaviors. People react to power in many different ways. If someone reacts to your power in a way that gets you more of what you want, you have fulfilled your intention to bring about a certain outcome.

How To 52

How To Negotiation Intent Networking 52

Nyden on Negotiation

MARCH 12, 2020

Raise your hand if you can handle one more thing on your plate right now. No one can. It seems like everyone spends their time putting out one fire after another. Today more than ever before, negotiations happen in pieces and on the fly. You might quickly shoot off an e-mail or join a web-conference at the last minute. This disjointed approach to negotiating will not change for the better.

Negotiation 52

Negotiation Decision Maker Motivation Conference 52

Nyden on Negotiation

OCTOBER 6, 2020

Trust is the core quality of any collaborative partnership. Companies with high degrees of trust can spend their energies leveraging each other’s core strengths and creating value, rather than on compliance, enforcement, or worse, fighting metaphorical fires as a result of poor performance. To trust or not is a choice. Individuals choose to trust each other and act in a trustworthy manner or not.

Government 59

Government Negotiation Loyalty ACT 59

Nyden on Negotiation

OCTOBER 12, 2020

There are two reasons why performance measures don’t guarantee performance. Read below for the first reason. This article is part 1 of a three-part series. In part two, I will outline the second reason, and in part 3 I will offer a solution. What follows is an excerpt from The Contract Professional’s Playbook. To better discuss performance measures with stakeholders, understand why performance measures do not always guarantee performance.

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Guarantee Face-to-face Analysis Intent 52

Nyden on Negotiation

OCTOBER 20, 2020

There are two reasons why performance measures don’t guarantee performance. In this article, I address the second reason performance measures don’t guarantee performance. Click here to read the first article discussing the first reason. In the next article, I will offer a solution. What follows is an excerpt from The Contract Professional’s Playbook.

Guarantee 52

Guarantee Objections Benefit Industry 52

Nyden on Negotiation

OCTOBER 27, 2020

There are two reasons why performance measures don’t guarantee performance. In this article, I offer a solution to developing performance measures that actually drive performance. Click here to read the first and second articles discussing the two reasons. In this article, I offer a solution. What follows is an excerpt from The Contract Professional’s Playbook.

Guarantee 59

Guarantee Fashion Negotiation Data 59

Nyden on Negotiation

OCTOBER 12, 2020

There are two reasons why performance measures don’t guarantee performance. Read below for the first reason. This article is part 1 of a three-part series. In part two, I will outline the second reason, and in part 3 I will offer a solution. What follows is an excerpt from The Contract Professional’s Playbook. To better discuss performance measures with stakeholders, understand why performance measures do not always guarantee performance.

Guarantee 52

Guarantee Face-to-face Analysis Intent 52

Nyden on Negotiation

OCTOBER 20, 2020

There are two reasons why performance measures don’t guarantee performance. In this article, I address the second reason performance measures don’t guarantee performance. Click here to read the first article discussing the first reason. In the next article, I will offer a solution. What follows is an excerpt from The Contract Professional’s Playbook.

Guarantee 52

Guarantee Objections Benefit Industry 52

Nyden on Negotiation

OCTOBER 27, 2020

There are two reasons why performance measures don’t guarantee performance. In this article, I offer a solution to developing performance measures that actually drive performance. Click here to read the first and second articles discussing the two reasons. In this article, I offer a solution. What follows is an excerpt from The Contract Professional’s Playbook.

Guarantee 52

Guarantee Fashion Negotiation Data 52

Nyden on Negotiation

OCTOBER 6, 2020

Trust is the core quality of any collaborative partnership. Companies with high degrees of trust can spend their energies leveraging each other’s core strengths and creating value, rather than on compliance, enforcement, or worse, fighting metaphorical fires as a result of poor performance. To trust or not is a choice. Individuals choose to trust each other and act in a trustworthy manner or not.

Government 52

Government Negotiation Loyalty ACT 52

Nyden on Negotiation

JUNE 20, 2018

Are you worried about closing a commercially significant deal? Then my coaching and mentoring programs might be the right fit to support your organization. If closing that deal and getting greater value is important to your organization, watch this video.

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Closing Video Coaching Negotiation 40

Nyden on Negotiation

JUNE 12, 2018

I interviewed with Philip Ideson recently on – Designing and Executing a Balanced Deal. If you haven’t had the opportunity to listen to that interview, you should check it out! We didn’t get to all of Philips’ questions so he invited me back to finish the conversation. In this podcast, we discuss the art of a balanced deal. What is a balanced deal, when do you need one – and when do you not.

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Conversion Opportunity Negotiation 40

Nyden on Negotiation

JULY 20, 2018

Are you worried about closing a commercially significant deal? Then my coaching and mentoring programs might be the right fit to support your organization. If closing that deal and getting greater value is important to your organization, watch this video.

Closing 40

Closing Video Coaching Negotiation 40

Nyden on Negotiation

SEPTEMBER 21, 2018

During my mentoring, I was co-negotiation a 15 year contract. The stakeholder leadership wanted a early termination agreement in the agreement with a fixed fee. They wanted a buy-out in the agreement for early termination. Watch the video and tell me what you think.

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Negotiation Video 40

Nyden on Negotiation

SEPTEMBER 26, 2018

When negotiators get mediocre results their boss blames the economy, the weather, or the other company, when the real problem is that no one took the negotiation process seriously enough to systematically prepare for it. In my experience, there are ten common mistakes business people routinely make when they enter a contract negotiation. This video offers advice on how to avoid these costly mistakes.

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Negotiation Video Company How To 40

Nyden on Negotiation

OCTOBER 3, 2018

Contract language is boring. The contract professional’s goals are to develop an agreement that reflects the intention of the relationship and a document that is clear, precise and exact. This video offers advice on 4 points that will help contract professionals meet those two goals.

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Intent Video Exact Meeting 40

Nyden on Negotiation

OCTOBER 11, 2018

Have you ever wondered how to get real innovation from your customer/supplier relationship? I explain in this video how the Department of Energy and the Kaiser-Hill joint venture used outcome and incentive-based contracting principles to drive innovation. Innovations that turned a nuclear materials production site into a wildlife refuge while saving the US taxpayers billions in dollars.

Examples 40

Examples Government Energy Incentives 40

Nyden on Negotiation

MARCH 11, 2020

When the negotiation team gets mediocre deal results, their bosses blame the economy, or the other company, or the weather for bad results. The real problem is that the negotiation team did not take the negotiation process seriously enough to systematically plan for it. Some people take a stab at planning. In fact, one client showed me her three-ring binder with some planning tools in it.

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Negotiation Survey Motivation Conversion 52

Nyden on Negotiation

MARCH 12, 2020

Raise your hand if you can handle one more thing on your plate right now. No one can. It seems like everyone spends their time putting out one fire after another. Today more than ever before, negotiations happen in pieces and on the fly. You might quickly shoot off an e-mail or join a web-conference at the last minute. This disjointed approach to negotiating will not change for the better.

Negotiation 52

Negotiation Decision Maker Motivation Conference 52

Nyden on Negotiation

DECEMBER 13, 2019

I am happy to announce I was on the Sales Reinvented Podcast to discuss the power of open-ended questions in your negotiations. In this podcast I define negotiation and give 3 do’s and don’ts in any negotiation. I also answer the important questions of how negotiation is important for business. If you are wondering why some salespeople don’t like to negotiate and what can you do to change this or you want to know how you plan and execute a high stakes negotiation, we go over this.

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Negotiation Sales 52

Nyden on Negotiation

DECEMBER 13, 2019

Imagine a mid-level manger in the global commodities group got an email from the operations manager from a plant that read something like this. “Bob, I called ABC supplier to see where our XYZ parts are, and they told me that we’ll get them in 3 weeks. They said the PO gave them a 15 week lead time. But, my materials manager put in the requisition more than 12 weeks ago and said we needed it by last Friday.

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Lead Rank Lead Scoring Negotiation Discount 52

Nyden on Negotiation

MARCH 12, 2020

Raise your hand if you can handle one more thing on your plate right now. No one can. It seems like everyone spends their time putting out one fire after another. Today more than ever before, negotiations happen in pieces and on the fly. You might quickly shoot off an e-mail or join a web-conference […].

Negotiation 52

Negotiation Conference 52

Nyden on Negotiation

MARCH 10, 2020

When the negotiation team gets mediocre deal results, their bosses blame the economy, or the other company, or the weather for bad results. The real problem is that the negotiation team did not take the negotiation process seriously enough to systematically plan for it. Some people take a stab at planning. In fact, one client […].

Negotiation 52

Negotiation Company 52

Nyden on Negotiation

JUNE 11, 2019

I am happy to announce I was on the Sales Reinvented Podcast to discuss the power of open-ended questions in your negotiations. In this podcast I define negotiation and give 3 do’s and don’ts in any negotiation. I also answer the important questions of how negotiation is important for business. If you are wondering why some salespeople […].

Negotiation 40

Negotiation Sales 40

Nyden on Negotiation

FEBRUARY 27, 2019

Imagine a mid-level manger in the global commodities group got an email from the operations manager from a plant that read something like this. “Bob, I called ABC supplier to see where our XYZ parts are, and they told me that we’ll get them in 3 weeks. They said the PO gave them a 15 […].

Groups 40

Groups Negotiation 40

Nyden on Negotiation

OCTOBER 10, 2018

Have you ever wondered how to get real innovation from your customer/supplier relationship? I explain in this video how the Department of Energy and the Kaiser-Hill joint venture used outcome and incentive-based contracting principles to drive innovation. Innovations that turned a nuclear materials production site into a wildlife refuge while saving the US taxpayers billions […].

Examples 40

Examples Incentives Incentive Energy 40