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Negotiate Contract

A well-written contract ensures that the selected vendor meets the company’s specific expectations and objectives for the purchase. During the evaluation process, the team will determine whether the selected vendor will have any difficulty meeting original purchase objectives. The negotiating team, therefore, must reach agreement on which objectives will require negotiation and what an acceptable outcome will be.

Negotiate Contract has three steps:

  1. Refine Contract Objectives.
  2. Negotiate Contract Terms with Vendor.
  3. Obtain Internal Approval.

When you have completed these steps, your agreement with the vendor should clearly document the mutual expectations of the customer and the vendor.

Do not expect that negotiations will always be successful in achieving consensus on all key items. It is a smart idea to have a Plan B in case the negotiations fail. This might involve negotiating with the second-place vendor or dropping the purchase proposal altogether.

All of the tools in this section are appropriate for organizations undertaking significant purchases, except for the Guide to Interpreting Standard Contracts.

Advanced

Steps Tools Related Research
Step 1: Refine Contract Objectives
Advanced 1.1 Establish Contract Negotiating Team
Word Document Contract Negotiation Team Selection Tool
Word Document Contract Negotiation Team Rules of Engagement Checklist
Advanced 1.2 Identify Objectives at Risk
Excel Document Contract Risk Assessment Tool
Step 2: Negotiate Contract Terms with Vendor
Core 2.1 Review Proposed Contract
Word Document Guide to Interpreting Standard Contracts
Advanced 2.2 Negotiate Key Changes
Excel Document Contract Negotiation Plan
Step 3: Obtain Internal Approval and Complete Contract
Advanced 3.1 Identify Influencers and Their Issues or Priorities
Word Document Contract Approval Documentation Checklist
Core 3.2 Prepare Support Documentation for Contract
Word Document Purchase Recommendation Template
Advanced 3.3 Submit Contract and Support Documentation for Approval
Word Document Contract Approval Form