Global Leaders in Procurement & Negotiations (PSCMInstitute.com)

Author: OmidG

  • What Camels Can Teach Us About Purchasing Success

    Procurement Training By Camel

     

    I spent the last 10 days in Egypt on a purchasing training and consulting assignment with one of the biggest companies in the country. I spent most of my time in Alexandria, a beautiful Mediterranean-like city on the water. After my work was done, I found time to sight-see a bit in Cairo, prior to flying back.

    Procurement Training
    Omid in Egypt

    No trip to Cairo is complete without a visit to the pyramids, and of course I did just that. I had a few options in visiting them. One was to walk, the other was to drive, the third was to go by horse, and the final option was to go by camel (I know, I know, you were dying for me to get to the camel topic…. keep reading and I’ll eventually make this topic relevant to purchasing).

    Since I already get enough exercise walking back and forth to the refrigerator at my home, walking was out of the question. Many triathlon competitors will tell you that exercising too much (over-training) is a big problem, and I refuse to fall victim to it. Going by car seemed too mundane and also too quick. Going by horse felt so, well, un-Egyptian. As they say, when in Rome, do what the Romans do. Therefore, I went by camel.

    I learned a lot about camels from my guide. One thing is that they go the entire Fall and Winter seasons without drinking a single drop of water – not one drop! The water is there, they just choose not to drink it, for a full six months. I was awestruck by this fact. During the Spring and Summer seasons, they drink infrequently, but when they do, they drink 40 liters. I was like that in college, only with Diet Coke. Of course, camels also have humps as a source of energy for their long treks. I have my belly, but it is of no such use.

    One other thing I learned was through my own observations. My guide was on a horse. His horse did what all horses did when walking: it would look at the ground. Curiously however, my camel never once looked at the ground. He kept his head high and straight. He would look far into the distance the whole time. This piqued my interest.

    I asked my guide why this was the case. His answer was fascinating (to me, anyways). He said that camels have to cover incredible distances, and they know it. What’s happening a few feet in front of them isn’t important to them. They have to focus on where they need to get to in a few months, not where they will get to in a few feet. As a consequence, they hold their heads high and focus on their destination.

    This got me thinking. There is a lot to learn from camels. Camels are strategic thinkers. They plan everything ahead. They don’t let themselves get bogged down by the short term. They look far ahead and focus on their goals and objectives – getting from where they are to someplace very, very far away. They are unencumbered by the present. It is vital to their very existence.

    Of course, I saw a purchasing corollary in all of this. Here I am in front of the one of the Seven Wonders of the World, and I’m busy philosophizing about purchasing. I really need to get a life.

    Anyways, the best purchasing and supply managers that I have seen are the ones that don’t get bogged down in daily fires. And it is my experience that most purchasing professionals are spending up to 75% of their time in “fire fighting” activities. What I mean by that is not that they lack purchasing skills, but rather that they’ve allowed themselves to get sucked into unplanned short term activities – mails, IMs, customer issues, supplier issues, phone calls, etc.

    How often has it happened that you started a day with a list of things you wanted to accomplish, and only got to one or two items at best because of unplanned activities? How many of those unplanned activities made it to your monthly status report? To your annual performance review? Chances are, they made it to neither. That’s the nature of fire fighting in our profession. Nobody got on the fast track to being the next director of corporate purchasing because they were so adept at putting out fires.

    The answer of course is not to ignore these daily issues. The camel doesn’t do that either. The camel finds solutions that result in the ability to focus on the long term. We all need to do that. I teach many such principles in my seminars. It’s not enough to have great purchasing skills. We need to structure our workload and manage our customers and suppliers such that we can spend our time on strategic activities that do end up in status reports and annual reviews… and ultimately, in promotions and career growth.

    To be honest, I never thought I would write a blog extolling the virtues of camels. Here we are though. Incidentally, in case you are curious, here’s a picture of me and my camel. Who knew I’d learn so much from him?Omid_Camel

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  • Purchasing Negotiation – Don’t be a Stooge

    Procurement Training Stooges
    Don't Be A Procurement Stooge

    I’m a huge fan and history buff of the original Three Stooges. Back then, they would produce two-reel 20 minute “shorts” that were shown before a movie would start at the cinema. Nowadays we have to endure an endless litany of undesirable advertisements before movies start – which is usually not until 15 minutes after the broadcasted start time. Not all progress is good progress.

    In any event, whether you like the Stooges or not, they have a very interesting history of contract negotiations, from which there is a lot to be learned. They signed their first contract as the Three Stooges in 1934. It was an annual contract, for a reasonable rate of pay for actors just breaking into the business. Columbia Pictures was run by a person by the name of Harry Cohn, who ruled with an iron fist, and he negotiated the exact same way. He was known as “King Cohn” by his underlings, and that was not considered a compliment.

    The Three Stooges were immensely popular, but Cohn would never let them know it. He isolated them from public demand for their comedy. He would cruelly make them sweat out their contracts to the last minute every year, before finally agreeing to renew them for another year. In doing so, he would say “the market for shorts is dying out, fellas.” The Stooges took the bait and felt lucky to get a renewal. They endured 24 years of 11th hour annual contract renewals, and because of their fear of not getting a contract at all, they never once asked for nor did they ever receive a raise. It was nothing short of highway robbery on Cohn’s part.

    What the Stooges lacked was market information. They didn’t do their benchmarking. They didn’t talk to other studios to see what they would pay for their services. They didn’t put their services out to bid. They also didn’t know that Columbia Pictures would use the popular Stooge shorts to force cinemas to also buy their B quality movies that were otherwise in little demand. They came together as a package. If the cinemas wanted the Stooge shorts, they had to buy the B quality movies too. The Stooges didn’t know any of this.

    Knowledge is power in negotiations. You can’t always believe what the other side is telling you. If they tell you they may walk from the negotiations, you have to test that. You have to be able to call the other side’s bluff, and the Stooges didn’t know how to do that. They were masters of their craft, but they were complete novices at the art and science of negotiations. As a side note, they did not think to negotiate safety measures either. They were the victim of broken bones, teeth, and stitches, as they performed many dangerous stunts themselves.

    Do you verify when a supplier tells you that they may walk from a deal? Do you take measures to ensure that you can call a supplier’s bluff? Do you let lack of information lock you into bad TCO arrangements? Do you let contract renewals work for you or against you? Do you step up the competition when you think a supplier is charging too much?

    Suppliers are trained to make you think you have left them bloody and bruised after negotiations are over, even if they are in fact laughing all the way to the bank. Harry Cohn was the master of this. He did it for 24 straight years with the Stooges.

    Information gathering is critical to verify that what a supplier wants you to see and believe is really what’s happening. Information + competition = power and leverage in negotiations.

    I know I did without both in my first negotiation as a purchasing professional. The results were predictable. I would have made the Stooges proud, but that’s not a good thing.

  • Tying Supplier Payments to Performance

    Purchasing Training
    Avoid Purchasing Hell!

    Purchasing is the school of hard knocks. A really good purchasing professional is one who’s made a lot of mistakes, but was a little smarter after every one of them.

    Sometimes those mistakes are big though, and can take you to “purchasing hell”. I define “purchasing hell” as when a supplier is doing *exactly* what the contract says, and you’re mad as hell about it. There’s really no worse situation, because the supplier can’t be faulted.

    They’re doing exactly what you told them to do, and you’re not happy about it, but it’s your own fault! In all likelihood, if you’re not happy, neither is the customer. Misery loves company….. I guess. Nobody else that I know really uses the term “purchasing hell”, but who knows, maybe this is how expressions start. Somebody has to go first.

    The worst this ever happened to me was early on in my career with a complex software development contract. I made the mistake of agreeing to pay by milestones, and the supplier wouldn’t get a red cent sooner. That sounds great, right?

    Well, my milestones were defined as key dates and not by key deliverables. In other words, whether or not the supplier was performing, I owed them money because that magic date came around where they were due money. I was in purchasing hell. The only worse experience I’ve had was a 1940’s technology endoscopy in the Middle East, except nobody told the medical provider that it was 2005. Worst supplier selection decision ever on my part.

    I was pleased to read recently something recently on this topic of payment for performance, which is what prompted this particular blog. Starting this last January, Medicare has created a system of bonuses and penalties for nearly 3,000 hospitals as it ties almost $1 billion in payments to the quality of care provided to patients.

    This law was instituted as a part of the new government program called the Hospital Value-Based Purchasing Program. It is a pay for performance program… run by the government no less. What a concept!

    The other interesting thing that came about from this is that some of the “big name” hospitals got penalties, and some of the “no name” hospitals got bonuses. The program evidently is valuing substance over perception.

    One of the biggest shifts that any purchasing department has to make is paying for results instead of paying for resources. Resources (goods and services) take up space and time, and may or may not get you to where you want to be in purchasing. Results are measurable, and they solve problems and capture opportunities.

    I taught myself a useful trick years ago. It was after I got in a debate with a supplier over whether the contractual performance results were actually achieved or not. Predictably, they said they were, and I said they weren’t. The fact that this discussion was even taking place really bothered me (not as much as the endoscopy from hell though).

    I decided I needed to create a mechanism so I would never have that discussion again with any supplier. I added a clause in all of my performance clauses moving forward that said “the extent to which this performance deliverable has or has not been met shall be the exclusive determination and decision of the Buyer.” No other opinions about supplier performance would count but mine and the customer’s. That’s the way I wanted it.

    How are your contracts written? Are you putting performance clauses in place? Do they say whose opinion matters when there is conflicting interpretation of whether or not that clause was met? Or are you simply buying goods and services….. and letting the supplier off the hook….

    Back to the government Medicare pay for performance effort. It still might fail miserably. I’m not saying they did a great job setting it up, because I don’t know that. I do like however that there is this shift to performance based procurement and payment models in our government healthcare system. With any luck, the program will be generating real results right around the time I’m forced to retire for health reasons. Personally, I can’t wait.

  • Procurement Training: Do We Want Our Internal Customers to be Delighted or Disinterested?

    Procurement TrainingHow interested are you in the starter in your car? How about in the motor in your hair dryer or the hinges to your front door? Not very much interest there either, that’s what I thought.

    How about if any of those don’t work? Then do you have interest in them? Suddenly you do! These are things that are supposed to “just work”, and you should be spending zero calories thinking about them in any capacity.

    Why am I talking about this? Well, I attended a presentation from a purchasing trainer the other day where he said purchasing’s #1 objective was to exceed customer expectations and delight the customer. It was a packed house, and nobody blinked or questioned him. I like the guy, and he’s actually really smart and good at what he does, but I couldn’t disagree more.

    We call the person inside our company that generates the demand and has the budget to fulfill it the “customer”. That’s really a misplaced term however. Think for a second who the real customer is, who you are really supposed to serve. Purchasing does not have a fiduciary responsibility to the person who generates the demand and has the budget (the internal customer). However, purchasing does have a fiduciary responsibility to the board of directors, internal audit, the shareholders, the owners, the taxpayers…. whoever it is that ultimately runs or owns the company or agency that you work for. THEY are the real customer.

    Now, back to the starter, hair dryer, and hinges topic (I know you were dying to know how I was going to close the loop on those; let me tell you, it wasn’t easy!). Isn’t there a problem if you are either delighted or disgusted with how these items work? Even if you are delighted with their functionality, that still means you are spending too much valuable brain-time on something that is supposed to “just work”, right? Your real goal is to be disinterested, and to be able to carry on with more meaningful and value-added activities in life than extolling the virtues of that marvelous hinge in your front door. I’m sure it really is a marvelous hinge though. Just don’t tell me about it. I’m serious.

    Purchasing is not much different. If we are trying to delight the internal customer, or if the internal customer is delighted, it is likely we are rolling over on key decisions where we are instead supposed to be taking a hard stand where needed on behalf of the REAL customers of the company.

    If all internal customers had their way on every purchasing related need or issue, they would indeed be delighted. Your customer satisfaction scores would be through the roof. What would purchasing look like in that model though? It’s likely that most every order would be placed at the last minute with express shipping, their preferred suppliers would always be the selected suppliers, corporate commodity strategies would cease to exist and there would instead be customer driven purchasing strategies, and so on.

    I don’t mean to paint a black picture. There are many customers out there who are well aligned with purchasing on doing the right thing for the company. It didn’t happen overnight or by accident though. It took blood, sweat, and tears on the part of purchasing before this end state was achieved.

    How much do you think about the HR department in your company? Accounting? Finance? Legal? How much should you be thinking about them? These are all service providers for which you are the customer. Isn’t disinterest really the best state? They should “just work”, like the starter in your car, right?

    Are you mixing your allegiance to the internal customer with your greater allegiance to the people who ultimately run or own the company or agency you work in? Are you being graded on your ability to delight the internal customer? How much time do your internal customers spend having to think about purchasing? You need to challenge yourself in all of these areas. None of this precludes you from having a great relationship with your internal customer by the way.

    I know this is a difficult topic. It flies in the face of most everything we’ve ever learned. Customer service is supposed to be off the charts in every business. Dig deeper however, and you will see that it doesn’t or shouldn’t work that way for business units that have a fiduciary obligation to the company and owners. All the rules we learned about customer service were made for sales department personnel, and that’s not us.

    It’s a good thing too. We have dream jobs. It’s much more fun shopping all day long with somebody else’s money!

  • Procurement Training Video ~ Contract Negotiation Best Practices

    Watch Omid G Live On Stage As He Teaches Procurement Contract Negotiation Best Practices

    Watch this procurement training video of procurement contract negotiation best practices and up your game!

    Watch Procurement Training – Contract Negotiation Best Practices on YouTube

  • You Don’t Really Know TCO Until the Purchase Life Cycle is Complete

     

    Procurement Training - Total Cost of Ownership
    Procurement Training – Total Cost of Ownership

    I was in Houston this last week teaching procurement negotiation seminars.

    There are two quotes I distinctly remember from past trips to Texas. One was “Welcome to Texas. If you don’t like the weather, wait a few minutes.”

    The other one, in response to me asking about how the food is in Houston, was “Ain’t nobody hungry in Houston.” In my case, that was definitely true. I can still taste the blackened catfish.

    As also promised, the weather was crazy, with 30 degree temperature swings in the matter of a few hours. In the same day, I wished I had both a trench coat and a pair of Bermuda shorts.

    One of the seminar attendees had previously attended one of my TCO seminars in Galveston, Texas. I’ll call him RD. RD said that as a result of attending that Total Cost seminar, he decided to root-cause a situation of escalating prices with one of his custom fabrication suppliers.

    RD’s supplier wanted to meet with him to renegotiate pricing to reflect increased costs. He decided to reluctantly hear what they had to say and find out more information.

    RD was in for a big surprise. Unbeknownst to RD, the supplier had been charging him 30% over standard price for a period of six months now, and to add insult to injury, wanted to increase it to a 35% markup over agreed upon standard pricing. It was bad enough RD was 30% over expected price, but the increase to 35% was taking it to another level! RD wanted an explanation, and quickly.

    He then saw all the purchase orders to the supplier, every last one of them, was a rush order shipment – requiring supplier quick turns and expedited delivery. Supplier quick turns mean inventory must always available, which costs money. This was customer specific inventory, which adds even more cost, as there could be no inventory sharing with other customers by the supplier.

    Of course the other obvious cost driver here is the shipping. Going from ground to air shipment is non-trivial in our field. Surely the customer is at fault here RD thought. That would be my first instinct too. Too often times, the customer’s lack of planning becomes purchasing’s emergency. Pretty soon it becomes standard practice and they don’t plan at all, and that’s when the last minute shipping costs really rack up.

    It turns out this wasn’t the case at all. The person who was placing the purchase orders for this division had just been hired 6 months prior. For some reason, she was taught that if a requisition comes in for these fabricated items with no delivery date, she should just put that the items were needed in five days. Five days lead-time for custom fabricated items!

    She was marking every single fabrication purchase order this way, with no idea of the TCO implications. She was just doing what she was told. Who can blame her? I was pretty clueless too when I first started purchasing.

    The mystery was solved. TCO was spiking by 30% because a poorly trained employee was rushing custom orders that nobody was in a rush to receive. The supplier was scrambling unnecessary to fulfill these orders, incurring all sorts of costs, and they were losing money in the process.

    This problem was easy enough to solve, but not before untold amounts of money went down the drain. The worst part is that nobody was happy about it! The supplier was losing money on the expedited shipping adder, the customer received items sooner than they needed them, and RD’s hard earned cost savings on the deal vanished into thin air.

    The sad thing is, this kind of scenario is not so uncommon. Well intentioned customers make bad TCO decisions all the time. Most of the time we never find out about it until a lot of damage is done. In fact, urgent shipping as a replacement for good planning practices is one of the most costly business practices that customers often engage in.

    Do you check to see what your customers are *actually* ordering against contracts you negotiate?

    Do you follow up to make sure that your supplier and contract TCO strategies have really materialized in the hands of your customers?

    It’s important for us to keep constant tabs on TCO well after the contract is negotiated. We really need to follow the entire lifecycle of the purchase and make sure that expenditures against that contract go as planned.

    On the plus side, my stomach wants to move to Texas. Failing that option, I have to find someplace where I can buy good blackened catfish back home, and fast! I really have no choice in the matter. I don’t care where I buy it or what it costs. Call me a rogue customer, but this is a definite rush order.

  • Taste Meaningful Change in Procurement

    Procurement Change
    Civet

    While in the beautiful country of Bali, Indonesia, I went to a coffee plantation and tried a rare type of coffee called Kopi Luwak.

    It’s rare because it first passes through the intestines of a civet, which is a member of the mongoose family, before being roasted.

    Hopefully they wash it first, but I don’t know that for sure and I didn’t ask.

    It’s supposed to be the smoothest coffee on earth, and it’s also the most expensive – up to $600/lb.

    As I understand it, the term “Java” comes from Java, Indonesia. I figured these guys must know something about coffee.

    Before drinking this mystical coffee, I got to watch a civet in a cage “produce” the beans for roasting.

    To this day, I still don’t know who was more disenchanted with the Kopi Luwak production process, me or the civet.

    The moral of the story however is that in order for me to experience this coffee, I had to embrace change, and this was no small change.

    In the right circumstances, usually not involving wild animal droppings, people can embrace change. People are motivated when listening to compelling speeches about change.

    In fact, in one way or another, almost every president in history has probably used the idea of “change” to get themselves into office.

    For some reason however, when change hits the workplace, or when it becomes personal, the reaction can be much different. It’s too close to home maybe.

    While doing a guest speakership at a purchasing conference last week, there were about 4 students (out of roughly 70 attendees) who were really resistant to my concepts, and vocally so.

    After all, I was teaching them that the way they were doing purchasing was in fact what was causing the problems.

    Nobody likes to hear that. Of course, I don’t get paid to tell people what they want to hear.

    I dug deeper to find out why they felt the way they did.

    We are talking about an organization that has 4 scattered implementations of ePurchasing, and not all with the same vendor.

    Independent agencies of this organization were also looking at procuring their own ERP systems.

    I asked why there couldn’t be ONE ERP system for the greater organization, and they emphatically explained to me that it wouldn’t meet their unique local needs.

    I just listened. It wasn’t the right time or place to debate, although I’m sure they had some great reasons for their perspective.

    My take away from this discussion was that some people don’t like change when it comes from the outside.

    If there is change, they want it to come from within their immediate scope of control. More specifically, they want it to come from them.

    Even if they negotiate independent ERP solutions for each agency, they might individually get great deals – maybe even world class deals – and they may do a great job solving problems that have been haunting them for years at the local level.

    Their customers and local management may love them as a result. It still doesn’t make it the right thing to do.

    The challenge in purchasing is to shift away from doing the right thing for a *part* of the organization and instead do the right thing for the whole company or organization.

    That means not everyone involved will be happy. It also means that the solution may not be perfect for all parties involved.

    However, it does mean that TCO will be optimized for the entire organization – and that’s what we’re getting paid to do as purchasing professionals.

    Are you making purchasing decisions that are the right thing to do for your customer, but are the wrong thing to do for your company?

    Are you ensuring an organization wide unified approach in your commodity purchasing strategies wherever possible?

    You really have to challenge your customers and management – and even yourself – to make sure you are.

    Remember, the ultimate customers you are trying to please are the board of directors and the shareholders, or the taxpayers in the case of government agencies.

    The worst possible case of course is doing the wrong thing for all parties involved, like when I bought that dreaded wild animal intestine processed coffee.

    In case you are wondering, it tasted awful.

    …I guess not all change is good.

  • Even the Best Companies Pour Supply Chain Costs Down the Drain

    Supply Chain Management Training
    Supply Chain Management Training

    Are you a coffee drinker? I’m a big latte drinker.

    Years ago, I did a Make-vs.-Buy analysis, comparing the horrific amount I was spending at coffee shops on lattes to what it would cost me to buy a big foofy latte machine and make them myself.

    My wife approved, and that was more important than what my cost model indicated (at least that’s what she told me).

    Thankfully, both said the same thing – buy the latte machine, stupid! The one I bought is made in Italy, which makes me feel very European.

    As if that matters.

    Sometime back, I was at an airport getting ready for a flight. Since I couldn’t take my latte machine with me, I had to succumb to screwing up my cost model and buying a latte.

    I went to one of the famous coffee houses, the same chain whose stock price I single-handedly kept up for so many years. I ordered their smallest size drink, which has only one shot.

    Being nosey, I peered over the counter and watched them make it. For some reason, they were ok with that.

    My heart sank as I watched them pour 2 shots, with one going in my drink and the other one going….wait for it…wait for it…. down the drain!

    I asked her why she did that. She said their machine only pours shots in even numbers. I said “but you only have 3 drinks sizes, and 2 of them have an odd number of shots!”

    She had a very deep and articulate response: “yep!”

    Still quite shocked, I said “so you guys throw shots away because you can’t make an odd number of shots?”

    Another “deeply analytical” reply came from the respondent: “all day long!”

    She was cool as a cucumber about this whole thing, meanwhile, I was having heart palpitations and was more than willing to miss my international flight to get to the bottom of this. My client would understand, I rationalized.

    “How about your other chain stores?” Her response – “that’s what we all do.”

    I was devastated. I have to say, this was one of the low points in my life. The other one was a medical procedure that everyone *promised* me I wouldn’t need until I was 50. We’re not going to talk about that. I’m trying to suppress that memory.

    Now just imagine how much energy this company spends on trying to reduce their costs with suppliers. Coffee, fixtures, latte machines, milk, cream, utilities, etc. I’m going to guess that their highest cost component is the coffee beans.

    Coffee plants produce very little crop, the processing costs are very high and labor and machine intensive, and shipping and importation costs are high too.

    In my case, the only type of coffee I buy is grown in South America and then later roasted in Italy, and then sent to the US! How much of the price I pay is going to shipping and import/export costs instead of to the physical product itself?

    Of course I justify it, because using Italian roasted beans make me feel very European.

    The purchasing professional that managed supplier selection for the latte machines may well have focused on acquisition cost instead of total cost.

    What is the cost of throwing away shots all day long? In all your stores?

    How much more would it have cost to buy latte machines that can make both an odd and even number of shots, and how much would be saved?

    While purchasing people shed blood, sweat, and tears trying to shave off a little more from supplier profit margin, there are huge supply chain savings opportunities just going down the drain all the time, sometimes quite literally.

    If I was CPO of this company, the first thing I would do is analyze all costs such as this.

    One of their employees once also told me that they also throw away all opened coffee bags at the end of every day (we’re talking unused coffee beans here), as well as all opened bottles of syrup, even if they are still full.

    I can’t say that’s true for sure, but if it is, all I can say is “wow”. I could also say “give them to me!!!” but even I’m not that nosey. My wife might be though. I’ll talk to her after this article.

    Are you focused on acquisition price or are you focused on total cost?

    Have you ever gotten a great acquisition price, but gotten a terrible total cost deal?

    Do you know what costs are unnecessary or being completely wasted with your suppliers? Have you checked?

    Successful companies can get complacent with how they do business. The same thing happens with purchasing professionals.

    It’s easy to assume you are successful because of everything you do, when in fact it’s very possible, and often times the case, that you are successful in *spite* of many of the things you are doing!

    Don’t assume you are the exception. I see very smart purchasing professionals miss opportunities all the time.

  • Is Urgency In Purchasing Negotiations Always Leaving You With The Short End Of The Stick?

    Purchasing Contract Negotiation Training
    Purchasing Contract Negotiation Training

    Do you seem to see a purchasing correlation in just about everything?

    I find this personal habit highly interesting, maybe even fascinating, but my wife wants me to cut it out immediately and focus more on how her day was.

    Since she’s not here, let me tell you that I’m a big NFL fan.  I won’t tell you which team I follow or you might stop reading!

    Anyways, the free agency period opened recently, whereby players who are available can be had – for the right price.  I’ve been watching it very closely.

    Even though every team has a budget that is mandated to them (the salary cap), it’s a financial feeding frenzy, and players get *really* overpaid for the rights for their services.

    Smart teams let the dust settle and pick up quality players that are still left for at or below market value.  This is a classic issue of time pressures in negotiations.

    Those teams that want a particular player right away have only one negotiation tactic in their bag of tricks:  “here’s how much more we are willing to offer you than everyone else is!”

    It’s a terrible way to negotiate, and it rarely works out.  The players must love it though.

    As you probably guessed, there is a purchasing moral to the story above.

    One of the classic negotiation tactics used by suppliers, especially international suppliers, is time pressure.  “Welcome to (insert foreign country name here) _______________, now let’s negotiate” is a frequently used tactic.

    Once you are negotiating on supplier’s turf, and especially in their country, you are at their mercy.  I’ve had it happen to me.  It’s not a good place to be.

    Suppliers also state that they might walk from the deal or that others are vying for their business.   Sometime suppliers will get really bold and give their own deadlines for negotiations.

    Sometimes the competition and timelines are real, but most times it is perceived, or at least they want you to perceive it that way.

    However, don’t forget that suppliers are up against their own deadlines too.  The biggest one is that they want to report maximum earnings by the end of every quarter and especially before the last quarter of the year.

    If you are negotiating with a large company, you need to know if that division is a separate profit & loss (P & L) or not.  Don’t assume because the company is big and rich that the division you are working with is not under tremendous heat and pressure.

    The other big deadline suppliers are up against is the fact that most sales professionals are commissioned, and they have due dates on their sales targets, and they have bonus payments they want to try and achieve as well.

    Just ask them “is there a particular date you’d like a PO by if we are able to come to an agreement?”.

    It’s an innocent enough question, and they’ll never think that you have a strategy for asking.

    With their answer, you will know the exact deadline they are up against for either category (commission or fiscal reporting), and they will tell you whichever is more time sensitive, so you don’t need to even know or care which one it is.

    I’ve had some tremendous success using this technique.  It shifts the power of time back in your court, where it’s supposed to be.

    Are your decisions negatively dictated by timelines?

    From my perspective, it’s better to miss your internal timelines and get a good TCO deal than to sign up to a bad deal 100% on schedule.

    I can honestly say that the biggest mistakes I’ve made in life, and one of them was really costly (statistically, 50% of you can relate), were due to rushing things.

    In football negotiations, as in life, and in purchasing negotiations of course, rushing things and succumbing to time pressures is never a good thing, and will almost always leave you with the short end of the stick.

  • Purchasing Contract Law

    Purchasing Contract Law Training
    Purchasing Contract Law Training

    I was in the Bay Area the other day doing a purchasing contract law seminar, and was talking to one person during the break who was a senior procurement manager in a pharmaceutical company.

    He was frustrated with their contract review process. It’s a story I’ve heard a lot of times actually.

    It goes something like this: Purchasing sends contracts that suppliers mark up over to the under-staffed and overwhelmed legal department, where they gather dust for a seemingly endless period, until they finally come back to purchasing, and sometimes not before many back and forths with the legal department on various changes.

    Throughout this process, purchasing is frustrated that legal takes their sweet time with contract review, meanwhile (big surprise here) the legal dept is frustrated that purchasing keeps throwing a seemingly endless stream of heavily marked up contracts over the fence.

    His story was all too familiar. I wish I could wave a wand and make it go away.

    I remember experiencing this myself many years ago as well, when I first started purchasing. By the way, the training program that they had ready for me was quite literally called “sink or swim” (i.e. there was no training, and they had a name for that). No kidding.

    Anyways, I felt just like the pharmaceutical purchasing professional above: frustrated.

    My way of dealing with it was to study contract law (UCC, Common Law, CISG) to the point that I was completely independent.

    Long story short, it worked. As a result, my cycle time for contract negotiations ended up being 80% less than that of all of my peers.

    As I thought about it more, it hit me that the legal department was a CRUTCH that people were using.

    Worse than that, I also realized that suppliers knew this, and so they red-lined contracts knowing that the purchasing professional would just throw it over the fence to someone else to deal with – after price was already agreed to… so what does the supplier have to lose?

    Hint: as much as I did on my last diet (which I’m technically still on)… NOTHING!

    There’s so much more that purchasing professionals need to do differently with respect to how they manage and write contracts, but I truly believe that nothing beats taking time to establish a solid knowledge of contract law.

    If your experience is like mine, once you get good at it, you wonder how you ever managed your career without it.

    A friend of mine told me that once he got an SUV, he hated the trunk of his sedan (too small). Getting good at contract law is kind of the same thing; you will hate the feeling of helplessness that you had before and you’ll never want to go back.

    The other nice thing is, there are a lot of benefits to your personal life. You should see the contracts I have landscapers sign before they come wielding dangerous tools on my property!

    In that same contract law seminar that I was teaching, I had a case study at the end. It’s a real contract… and it’s bad, really bad.

    Guess what, a highly paid purchasing professional in a Fortune 50 company signed it (I knew the guy, he was a senior direct materials commodity manager), and it was so bad that it resulted in a lawsuit, and not the kind where his company was getting money. I white-out his name to protect the guilty when I teach that course.Trust me, you don’t want to be that guy (unless you like updating your resume).

    The nice thing is, this is not a curse, like being 5’2” and wanting to be a professional basketball player. Every purchasing professional can learn just enough contract law to be dangerously good.

    The best challenges in your career, as in life, are the ones that are surmountable. Just don’t talk to me about applying this logic to my diet!