Sales Negotiations

December 14, 2010

Alright, proposal is done. Now, the real fun begins with the negotiation phase. There are entire books and seminars devoted to negotiation. For instance, NI has used Karrass in our sales training. In talking with Alliance Partners, here are some common techniques.

Tips and Techniques

You should typically start with a win-win approach. Stay positive and first look for the areas of agreement. But, be prepared and willing to negotiate where there are differences. Hopefully, you left some room to negotiate.

  1. Put yourself in your customer’s shoes – The most common mistake is to fixate on your own situation rather than your customer’s concerns. For instance, if you are too worried about winning the business, you may not see how desperate the customer is for a solution. You may need to challenge your own assumptions.
  2. Capture and Create Value – If you have productized your own software for re-use, you may be able to charge a license to use it. If you have created higher labor rates for more experience staff, you can offer to discount it (e.g. using one of your CLAs at your CLD rate).
  3. Silence is Bliss – Don’t talk to too much. Most people are uncomfortable with silence. Let them fill the void – and avoid making mistakes of your own. Use it as an opportunity to test limits and get agreement before making a concession. Also, don’t over-close. If you have a deal, don’t introduce more facts or information.
  4. Slow and steady – As you are negotiating, be careful not to give away too much, too soon. Make concessions slowly as needed. Try offering minor concessions first. And, don’t simply trade ‘tit for tat’.

Always Be Closing

And, until you have a deal, the old adage applies: always be closing. That’s not just about asking for the sale. But, it is a mindset that you should always be driving for closure. What is required to reach a deal? What is preventing the deal from getting done? If you can’t close the deal, figure out what are the next reasonable steps. And, always solidify the next engagement


Proposals (3 of 3) – Warranties, ….

December 7, 2010

Concluding our short dive into developing proposals, we have discussed the merits of having a standard template and review process to not only improve consistency and professionalism, but also reduce and manage risk. We also addressed some common issues like protecting IP and software licensing. Let’s continue the fun.

Warranties and Indemnification

The other major aspects of T&Cs deals with the liabilities associated with the project:

  1. Warranty – basically, if it doesn’t work or stops working. How long are you responsible to fix it? Note that there is difference between providing  a warranty, which should only address the system not performing as specified and service which can include standard maintenance, updates, adaptations, ….
  2. Indemnification – what if there are damages associated with the system’s operation or failure?

Typically, these liabilities are limited in some fashion. For instance, they liabilities will not exceed the total cost of the system (or project). Note, for those who are CSIA members, there are a good list of suggested T&Cs available on their website.

Customer’s T&Cs

Now, I know this has probably never happened to you, but I’ve heard on occasion from Alliance Partners that the customer will ask to use their T&Cs. Or, send their own T&Cs with their acceptance. So what do you do? Well, first of all, you should have a defined process to review for unfair terms.

Note that if you simply accept their T&Cs, you may invalidate your own insurance policy (which was created according to the liabilities of your own T&Cs). So, a good strategy against an unruly customer may be to ask your insurer for a rider to accept the additional liability and then rebid with that additional charge.

Proposals (2 of 3) – Terms and Conditions

November 30, 2010

Last week, we discussed submitting the proposal for your project including your sales teams. Of course, there is much you should include in your terms and conditions.

Intellectual Property

Your T&Cs should also address the intellectual property involved in the project. To begin with, there should be agreement on the ownership of the work. Is this work for hire? Or, is the purchase of solution including the licensing of the software? Ultimately, there can only be one owner. So, if you sell it, you can’t re-use it.

Many developers struggle with, or even overlook, the value of their software. But since there can only be one owner, it is important for your customer to understand that you will need to start from scratch, which will cost additional time and expense. In addition, you will not be able to re-use code from previous projects which will be more reliable and robust.

Eventually, Alliance Partners often develop standard modules for re-use. By branding these modules, it may be easier to charge your customer for its use. But don’t make the mistake of simply giving the value away. For instance, ‘Oh, I’ve don’t that type of project before, so I can reuse the code and do it in half the time, so I’ll charge half the price.’ No, the project value is still the same. Your efficiency should be your reward to keep.

Software Licensing

But, I’m not naïve. I understand that customers often want to ‘own’ the software. There is the brute force logic of we bought it, so we should own it. And, the common rationale that you might go out of business, so they just want to protect themselves. In which case, you need to explain the principal of ownership and licensing.

Don’t get me wrong. It is OK to appease the customer by giving them the source code, you just need to provide it with a license so you retain ownership. But, you should consider (and address) the following issues:

  • What if they copy/modify?
  • Can they transfer/resell?
  • Can they reverse engineer

But what if there is an issue with the proprietary nature of the application? No problem, simply define which aspects of the application are proprietary. Then, section out that work which will be done and the ownership will be transferred to them without possibility for re-use and therefore no licensing is required. However, all other development should be provided under license and re-use retained.

Proposals (1 of 3)

November 16, 2010

Now that we’ve gathered requirements, broken down tasks, estimated the project costs, derived a price, and mitigated risks, we are finally ready to prepare and submit a project proposal.

Standard Template

First of all, you should have a standard template for creating your proposal. At a minimum, it should include sections for:

  1. Overall description and scope
  2. Specific objectives and benefits
  3. Requirements
  4. Constraints, assumptions, and dependencies
  5. Differentiation – don’t forget to make it clear why you are the best choice!

Review Process

Depending on the size of your organization, you should have a formal process for your proposals. Even if you are the one creating your proposals, you should still have a process for reviewing it for accuracy. And, as you begin to delegate proposal creation, you should further define the required approval process. For instance, any proposal over $XXX must have sign off from the sales manager, president, owners, and so on.

Sales Terms

Your proposal should include your standard sales terms. That is the financial aspects of your proposal:

  1. Payment plan – You should outline payments for the purchase of materials as well as milestones which are the basis for the authorization for the work to begin.
  2. Commercial issues – You should specify your payment terms as well as your process for invoicing and remittance (how money is transferred).

In my experience, Alliance Partners are far too timid with respect to these financial considerations. You aren’t a banking institution, so you shouldn’t be expected to finance the project for the customer. If necessary, explain to the customer that you bid the job based on your standard financial terms. Of course, you can be open to accommodating their terms, but you may need to adjust your bid accordingly.