Public Sector Supply Management

Contracting and Negotiations for Public Purchasers

1. Overview of Contract Management Model
   
   
2. Procurement
   1. Requirements and Goals
      1. Why Needs Statement/SOW/Specifications are Vital
      2. Describing the Work Specifications
         1. Specifications (Design specifications, Performance Specifications, Functional Specifications, Vendor Specifications/Qualifications)
         2. Improper Specifications (Unduly Restrictive, Unclear or Ambiguous)
         3. Avoidance of Change Notices
         4. Performance Measurement
         5. Acceptance and Approval
   2. Acquisition Methods
      1. Degree of Competition
         1. Full and Open
         2. Limited Competition
         3. Technical Competition
         4. Single Source
         5. Sole Source
         6. Multiple Sources
      2. Set Asides
         1. HUB Zones
         2. Socioeconomic
      3. Contracting Techniques
         1. Sealed Bid (One Step and Two Step)
         2. Competitive Negotiation
         3. Simplified Acquisition
      4. Procurement Strategies
         1. Best Value or Trade Off
         2. Technically Acceptable Lowest Bid
         3. Combination of Trade Off and Technically Acceptable Lowest Bid
   3. Proposal Evaluation
      1. Objectives of Source Selection
      2. Best Value vs. Lowest Price Technically Acceptable Process Steps (Pre-solicitation, Solicitation & Proposal Preparation, Initial Evaluation, Discussion, Best and Final, Final Evaluation and Source Selection, and Contract Award)
      3. Selecting Evaluation Factors
      4. Disqualification and Competitive Range
      5. Assessment of Strengths, Weaknesses, and Risks Scoring
         1. Color Coded
         2. Point System
         3. Adjectival
         4. Rating
         5. Ranking


3. Contract Establishment -Types of Contracts
   1. Contract with Risk/Usage Requirements Contracting


4. Negotiations (Specific Related Topics)
   1. Introduction
      1. Identify Each Participants Negotiating Style
      2. Psychological Factors
      3. Levels of Approach
   2. Establishing the Basics
      1. Definition
      2. Why Negotiate?
      3. The Approval Process
   3. The Negotiation Checklist
      1. Steps in a Planning Process
      2. Similarities to a Broadway Plan
      3. Key Building Blocks
      4. Where Do You Fit In?
   4. The Negotiation Process
      1. Seven Steps
      2. L-O-B profile
      3. Methods to Reach Overlap
      4. Negotiation Techniques
   5. The Mathematics of Negotiations
      1. Consequences of a Concession
      2. Positioning
      3. Success Probability Factors
   6. Kinds of Negotiations
      1. Business
      2. Personal
   7. Finalizing the Agreement
   8. Team Negotiations
      1. Definition
      2. Use
      3. Benefits
      4. Risks
      5. Team Development
   9. Obstacles to Changing Relationships
   10. Techniques to Assure Success


5. Differences in Contracting for Hardware, Software, and Services
   
   
6. Contract Management Terms which are Negotiable
   1. Payments and Invoicing
   2. Contract Correspondence
   3. Changes
   4. Performance Measurement
   5. Value Engineering
   6. Contractor Relationship Building
   7. Inspection Acceptance and Approvals
   8. Delays and Terminations
   9. Liquidated Damages
   10. Contract Close Out and Closure


7. Conclusion