1. INTRODUCTION
Armenda Daye, Procurement Analyst, Acquisition Career Manager, DOI
Overview of the new “Interest-Based Negotiations” course
Personal Background Information

2. 2007 & 2008 Contracting Competency Surveys
Contracting personnel need improvement in negotiating skills
2-Day interactive IBN course developed to encourage employees to negotiate in a “fearless” manner

3. IBN Course Schedule and Registration
Wednesday, March 24 – Thursday, March 25
Tuesday, April 20 – Wednesday, April 21
Wednesday, May 12 – Thursday, May 13
Wednesday, August 11 – Thursday, August 12
Registration
Federal Acquisition Institute Training Application System

4. Difference between my Position-Based Negotiation course with DoD and the new Interest-based Negotiation Concept -40 hour course -Emphasis on WINNING -Two Groups – 50% students represented contractor, 50% Government -Worked on math-laden proposal for 4 days and conducted the negotiation on 5th day -Negotiations were Emotional (apprehension, anger, tears)

5. Three Objectives
Distinguish between position-based and interest-based negotiation
Identify the interest-based negotiation process
Explain the elements of an interest-based approach to negotiating

6. Discussion of: Definition of Negotiation Types of Negotiation Methods
The Interest-based Negotiation Process

7. What is Negotiation?
Back-and-forth communication to reach an agreement
A means of getting what you want from others
An attempt to resolve differences

8. Why Do We Negotiate? Because we want or need: Something others have
Someone to do something

9. When Do We First Learn to Negotiate?

10. What Do We Negotiate Over in Government Acquisition?
Price
Delivery
Quality

11. Two Types Of Negotiation
Position Based (The What)
Interest Based (The Why)

12. Position-Based Negotiation
Focuses on pre-determined solutions
Attacks the opposing parties’ positions
Produces unsatisfactory agreements

13. Interest-Based Negotiation (IBN)
Focuses on all parties:
Individual needs
Organizational needs

14. Five Elements of IBN Separate the people from the problem
Focus on interests, not positions
Create options for mutual gain
Define objective criteria
Develop your BATNA

15. 1. Separate the People from the Problem
People and problems get entangled by:
Emotions
Communications
Perceptions

16. 2. Focus On Interests Positions Interests
Involve a Predetermined solution
Require justification (defense)
End discussions
Interests
Examine “Why” a solution is preferred
Require explanation (reason)
Start discussions

17. 3. Options for Mutual Gain
Recognize there can be > 1 option
Expand the pie thru Brainstorming

18. 4. Objective Criteria (Mutually Acceptable Yardsticks)
“Others in the industry do…”
“The last time this happened we…”
“The standard contract says…”
What is customary
Precedent
Law

19. 5. BATNA
Best Alternative to a Negotiated Agreement (Walk Away Position)
Consider what you will do if an agreement is NOT reached
Is Activated when Alternatives are OUTSIDE the negotiation
Must be real and concrete

20. Options vs. BATNA Options BATNA “Inside” the negotiation
Created with counterpart
Potential solution(s)/ brainstorming
BOTH you and counterpart receive benefit
BATNA
“Outside” the negotiation
Created alone
Fall back position if negotiation fails
ONLY impacts you/your organization

21. 1-Separate the people from the problem 4-Define objective criteria
The IBN Process
1-Separate the people from the problem
3-Create options
for mutual gain
5-Develop
your
BATNA
2-Focus on interests
not positions
4-Define objective criteria

22. Vacation Problem Husband Wife “I want a vacation at the beach”
“I want a vacation in Las Vegas”

23. Vacation Solution Husband Wife “I want a vacation at the beach”
“I want a vacation in Las Vegas”

24. IBN CONCEPTS SUMMARY Understand your position and theirs
Recognize your interests and theirs
Explore options for mutual gain
Use objective criteria
Identify your BATNA and theirs

25. Government Example of IBN Process: Negotiation with Program Office
Program Office wants a sole-source contract

26. 1. UNDERSTAND YOUR POSITION AND THEIRS
Your Position: Legally Sufficient Contract Their Position: Assured Quality Contractor

27. 2. RECOGNIZE YOUR INTERESTS AND THEIRS
Your Interests: Competition, Best Value
Their Interests: Timely, Quality Service

28. 3. EXPLORE OPTIONS FOR MUTUAL GAIN
Use of a Government-Wide Acquisition Contract (GWAC)
Use of an existing DOI Contract
Use of Sole Source Contract w/proper justification (FAR Part 6)

29. 4. USE OBJECTIVE CRITERIA (for Negotiation with Contractor)
Rates in GWAC Contract(s) or existing DOI Contract(s)
Consumer Price Index
DCMA Forward Pricing Rates

30. 5. IDENTIFY YOUR BATNA Target Price in Pre-Negotiation Memorandum
Amount of the funded requisition
Ceiling Price in Pre-Negotiation w/concessions on delivery and/or quality
READ SLIDE

31. QUESTIONS