Published by Peter Barron Stark & Associates

Your premier resource for sharpening & strengthening your negotiation skills & techniques or providing training

    Tactic and Challenge of the Week  — October 20, 2004


Peter Baron Stark: PBS Consulting - Everyone Negotiates

Peter Barron Stark
President


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Tactic #16- The Ultimatum

Summary:  Making a final, specific demand to force a counterpart to make a decision.


From time to time it may be in your best interest to “draw a line in the sand,” or create a rule that allows you to hold your counterpart accountable. One tactic you can use is to tell your counterpart the actions you will take if your conditions are not met.

Example

A client calls a consulting firm and asks to tentatively reserve a date for a seminar to be presented at her company in approximately six months. Three months prior to the date in question, the consulting firm calls the client and asks her to confirm the reserved date or the firm will have to offer it to another client who has requested the same day. The client is told that a confirmation is needed within twenty-four hours, which makes the deadline her Ultimatum.

 

Counter
If you wish to complete a deal but need more time to get permissions or approvals, one of the most effective counters to The Ultimatum is postponement. In this specific example, the client might respond that she cannot get the date confirmed within the twenty-four-hour time frame, but she can have an answer within forty-eight hours, and ask if that would be acceptable.
If the deal outcome is not important to her and she needs more time to get approvals, she can simply walk away and find another seminar provider.
 


This tactic is one of 101 strategies and tactics featured in The Only Negotiating Guide You'll Ever Need, by Peter Stark and Jane Flaherty.  


Ask the Negotiator

Peter,

Our company, like many, operates predominantly in a "bidding" environment. I'm their sales manager. Management and operations want me to negotiate with clients/prospects before a project goes out to bid. However, government entities and many corporations require three bids on projects over a certain amount. Our projects are usually $1M+ projects with long lead times and long project durations.

Secondly, I'm not involved in the pricing of our bids because I'm not an engineer. Not that I don't have input, but our engineers obtain material quotes, put together technical part of bid (design, labor, hours, etc.) and management [including me] sets margin (5 -10%). We are losing about 60% of bids. We need to get more competitive, align with current market margins because they are squeezing. Some competitors low bid in anticipation they will receive "change orders" once they get the job. That's not our philosophy; which takes the higher moral ground, but we suffer when we don't hit goals.

I've recommended obtaining three quotes on all major material, trying to drive down vendors' pricing, hiring a procurement person and/or paying an industry consultant to review bids; but until we hit our numbers, they won't hire anyone, and our goals keep increasing substantially.

I realize it's the old sales versus operations dilemma, but do you have any recommendations or negotiating tactics for 1) trying to negotiate with clients to not bid out projects, 2) trying to get co-workers to refine the bidding process and 3) getting vendors to offer lower prices than they offer competitors?

 

Thanks,
Not Winning Bids
 

Dear Not Winning Bids,

First, a margin of 5 percent to 10 percent is low in the world of business. Much lower and the job is going to be bid at zero margin and that makes no sense. So, most likely, the problem is not your bidding margins. Second, your team really does need to get two or three bids from each of your major suppliers as well as negotiate better pricing once you review the bids. A procurement person could pay for his/her salary many times over putting strong negotiations skills into action. I encourage you to review the bids you have won and compare them to the bids you have lost. Are there any differences in the type of work or types of customers where you have been more successful?

Asking the customers to not competitively bid will probably not work. It might be possible if your sales relationship with the economic buyer is so strong that your customers do not feel a need to bid out a 1M + job this is usually not the case. I would not encourage your customer to seek just one bid on this type of project. But, the idea is a positive vision and you would be a hero if you could make that happen.

Last, you mentioned you have come to one of our negotiation seminars. Your suggestions for improving your bids are on target. It may be helpful to hold an on-site negotiation seminar for the rest of your colleagues. Historically your industry has not had a reputation for being good negotiators because of a lack of competition. We have worked with many companies in your industry. Negotiation skills training does help to improve overall margins, especially on large projects like this one.

Best Regards,

Peter

 


Ask the Negotiator - Are you involved in a negotiation and not sure what strategies or tactics to use?  Send in your toughest negotiation challenge and our team of expert negotiators will outline a specific plan to ensure your success.  Please send your negotiation challenge to mailto:patti@pbsconsulting.com.  If your challenge gets published, we'll send you an autographed copy of The Only Negotiating Guide You'll Ever Need, by Peter Stark and Jane Flaherty ($14.95 retail) WOW!!        

 


To view this month's issue of The Master Negotiator, the premiere on-line newsletter for negotiators, follow this link:

The Master Negotiator, Volume 2, Number 9 Dealing with the Untrustworthy Counterpart

To view previous Negotiating Tactics of the Week, follow this link:

Negotiating Tactics of the Week


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Copyright 2003 Bentley Press