Preface

I started writing this book out of frustration. Many of the courses I taught as an acquisition instructor contained blocks of instruction on “discussions” and “negotiations,” with the text of these courses explaining the process of conducting these topics extremely well. Over time, however, I had more and more students approach me with questions. Although they were many and varied, they all boiled down to one basic question: Now that I know the process of negotiations, how do I actually do it? When I found that “Read the course material” was not an answer that scratched the itch, I realized I had to go much deeper.

Now, I have negotiated for the government for years. I’ve used tricks and been the victim of tricks. I’ve developed and used all sorts of strategies and tactics to all degrees of success and failure. I’ve seen the good, the bad, the ugly, and the downright illegal. I’ve had my victories, taken my licks, and learned my lessons. I’ve even negotiated for the “other side” as a contractor—in a special assignment while I was in the Air Force, as a private business owner, and later as the president of a corporation. I had done the do part of negotiations many times.

So, how should I answer their questions? I started thinking back on how I was trained to negotiate, way back when I first started, and my mind drew an absolute blank. I realized it wasn’t because I was getting old and losing my memory; it was because I too was never trained by the government on how to negotiate. I was taught the process, but precious little else. Especially lacking was training on how to plan, prepare, and use strategies and tactics, and how to counter them if they are used against you. I had to learn this important stuff by actually conducting negotiations, and I’m sure the government paid dearly for some of my lessons.

I now knew that things hadn’t changed much, and there was still a need to know this stuff. I also realized that most government negotiation training concentrated solely on the contract award process, but that wasn’t the only time most of these folks would be negotiating. This was my “Ah-ha!” moment. I realized that there’s a training gap that needs to be filled, so I began preparing a seminar on how to negotiate. Two or three days’ worth should do it, I thought.

As I started my research for the seminar, I discovered that much material exists in the federal government that addresses the overall government negotiation process. Published books and training courses developed by both the government and private industry abound, with step-by-step instructions leading the individual through the steps of the negotiation process itself. However, very few (if any) of these sources actually teach the reader or student how to negotiate—the strategies and tactics negotiators need to know to hold their own in an actual sit-down negotiation session with a skilled counterpart. There is no formal method to teach negotiators the art of negotiation—and it is an art.

Think about it. The government routinely sends untrained GS 9s, 11s, 12s, and enlisted and junior officers to complicated, high-dollar negotiations with private industry pros who have years of experience and training both in government and industry negotiations. Who do you think has the best chance at coming out with the better deal?

I’m a taxpayer too. I want the government contracting officers and contract negotiators representing me as a taxpayer to have the absolute best training in negotiation skills available. I want them to be able to hold their ground. The good news is that you can greatly improve your practice of this art called negotiation by acquiring and practicing the right skills.

The even better news is that the information you need is already out there. Even a quick look at any major bookstore or in-flight magazine will reveal many great books and seminars that address negotiation preparation, strategies, and tactics essential for business-to-business or personal situations. Unfortunately, these products fail to address the many rules, regulations, and restrictions that make negotiating for the government truly unique and challenging. This book is intended to fill the gap. It brings both halves together to show the reader how to apply business-savvy negotiation skills in a government-unique environment.

WHO IS THIS BOOK FOR?

First, this book will benefit anyone who conducts discussions or negotiations with the private sector as a government negotiator across all federal agencies, including contracting officers, contract specialists, contract administrators, price analysts, cost analysts, legal staff, small business specialists, program personnel, program managers, project managers, contracting officer representatives, and quality assurance specialists. In fact, anyone who comes in contact with a contractor in an official capacity has the possibility of getting thrown into a negotiation situation, and should know how to deal with it.

Second, most state and local governments rely on contractors just as the federal government does. They also have a need to negotiate, and to produce fair and reasonable contracts that benefit their citizenry. This book will help those folks at the state and local levels who require negotiating skills to succeed in their jobs.

Third, this book can benefit individuals employed by contractors who negotiate. Whether you’re negotiating with the federal government, with subcontractors, or with other commercial firms or suppliers, the principles, tactics, and strategies in this book will help you reach better deals that are more favorable to your firm. This may improve your bottom line. If you’re a contractor, you may also want to read this book simply to know what the other side is being taught!

Finally, this book will benefit any individual who wants to apply sound negotiation strategies and tactics in their personal life. Knowing the strategies and tactics in this book will help you the next time you buy a car, a house, or find a lamp you like at a flea market. The basic concepts are, for the most part, universal.

HOW WILL THIS BOOK HELP YOU?

This book will make you a better negotiator. It is designed to leave you with a better understanding of the negotiation process, how to plan for it, how to develop strategy and tactics, how to anticipate and counter the other side’s strategy and tactics, and how to conclude and document the negotiation successfully.

You’ll learn some basics that pertain specifically to federal government negotiations. You’ll learn the answers to questions like: Where does the authority to negotiate on behalf of the government come from? You’ll learn the goals you should strive for—and are expected to adhere to—as a federal government negotiator. Do you think they differ from private industry’s goals? You bet! You’ll learn what private industry considers their goals for the negotiation process. Only when you can see both sides can you begin to compare and contrast these goals, and find that you have unique responsibilities and restrictions that may not apply to your industry counterparts.

Now some of you may think something like, “Well, I never negotiate contracts. I only administer them, analyze them, benefit from them” and so on. Or, “I’m not the contracting officer; I’m the customer, so I’ll never need to know how to negotiate.” Please understand, anyone in the government who comes in contact with a contractor in any way may actually find themselves in a negotiation situation—and they’re usually unprepared for it. Even if you’re administering an already awarded contract, you’ll have to be prepared to negotiate, and these negotiation will be the toughest kind: sole source!

This book will expose you to some “nifty” negotiation strategies and tactics. However, nothing—not all the tricks and books in the world (this book included)—can replace the importance of properly preparing for negotiations. So we’ll talk about it. I’ll give you some hints on conducting market research (aka “intel”) that will give you important insights into not only the company you’re dealing with, but the person who will be sitting across the table from you.

This book gives an in-depth look at how to prepare a truly effective negotiation plan. If you get this part right, the actual negotiation event becomes easy: You simply execute your plan!

You’ll understand how to choose and prepare your negotiation strategy—your overall course for the negotiation—and how to link this strategy to your plan. You’ll be introduced, in great depth, to quite a few of the hundreds of tactics used in negotiations. These are often referred to as the “tricks of the trade” that a good negotiator can use to keep the upper hand.

Government negotiators will not be able to use all the tactics covered in the book. Some tactics are rather unscrupulous, and the government negotiator must be “fair and reasonable” to both sides. But the “other side” may not be bound by this mantra! This book covers some of these less than ethical tactics—so the government negotiator can recognize when they’re being used—and I explain how to counter them.

You’ll next learn how to conduct the actual negotiation event properly to achieve a true best-value result, using your planned strategies and tactics, bounded by your unique role as a government negotiator. You’ll be able to answer questions such as: How do I set up for the negotiation event? How do I start the negotiation? How do I control the negotiation? How do I handle impasses? How do I conclude the negotiation? Remember, this part should be relatively simple, if you have planned well. However, there’s always a chance the other side can spring something totally unexpected on you—no matter how well you have planned and anticipated. How do you handle that? We’ll talk about it.

Finally, we’ll discuss how you wrap up the negotiation session, making sure everyone has the same understanding of what was agreed to. It’s critical to ensure that whatever you have agreed to is “nailed down” and truly represents a meeting of the minds, or you’re in for trouble. Of course, nothing’s finished (especially in the government) until the paperwork is done. We’ll conclude with what you need to know to document the negotiation properly, so you will have not just an agreement, but an unambiguous agreement that can be implemented and interpreted fairly.

Once you understand the negotiation process better, you can practice it as an art. Better negotiation skills mean better negotiation outcomes. Better outcomes not only help your customer, the government, and the taxpayer, but also directly reflect on your personal performance record, which can lead to promotion, career enhancement, and higher self-esteem.

Becoming an artistic negotiator is a journey, not a destination. Time, training, and experience will move you along that road. I strongly encourage you to continue your professional education in this important field. Sign up for negotiation seminars. Read every negotiation book you can. Constantly be on the lookout for opportunities to practice your skills. I also strongly encourage you to seek out and latch on to someone in your organization who is experienced in negotiating and is willing to share their time and skills with you. Formal education and training, coupled with hands-on experience guided by a mentor, will be your recipe for success. Now buckle your seat belts and let’s get started!

LeGette “LeGs” McIntyre
Niceville, Florida