Negotiate

External review

Negotiate terms and review contract provisions

Hats
2
Review Agents
1
Review
External
Unit Types
Negotiation, Contract Review
Inputs
Evaluate, Requirements

Dependencies

Evaluatevendor-scorecard
Requirementsrfp-document

Hat Sequence

2

Negotiator

Focus: Negotiate commercial terms that meet business requirements while building a sustainable vendor relationship.

Responsibilities:

  • Negotiate pricing, payment terms, and discount structures
  • Define SLA terms with measurable thresholds and remedies
  • Establish contract duration, renewal terms, and exit provisions
  • Document all agreed terms and conditions with comparison to initial positions

Anti-patterns (RFC 2119):

  • The agent MUST NOT optimiz only for initial price without considering total relationship cost
  • The agent MUST NOT agree to terms without adequate exit provisions
  • The agent MUST establish measurable SLAs with consequences for non-compliance
  • The agent MUST NOT negotiate so aggressively that the vendor relationship starts adversarial

Review Agents

Protection

Mandate: The agent MUST verify negotiated terms adequately protect the organization's interests.

Check:

  • The agent MUST verify that sLA terms include measurable thresholds and enforceable remedies
  • The agent MUST verify that exit provisions are adequate to prevent vendor lock-in
  • The agent MUST verify that data handling and privacy provisions comply with regulatory requirements
  • The agent MUST verify that risk clauses (liability, indemnification, IP) are reviewed and accepted or modified

Negotiate

Criteria Guidance

Good criteria examples:

  • "Negotiation terms document captures agreed pricing with comparison to initial quote and market benchmarks"
  • "Contract review identifies all risk clauses with recommended modifications and fallback positions"
  • "SLA terms are specific with measurable thresholds, measurement methods, and remedies for non-compliance"

Bad criteria examples:

  • "Terms are negotiated"
  • "Contract is reviewed"
  • "Price is agreed"

Completion Signal (RFC 2119)

Negotiation terms exist with agreed pricing, contract provisions reviewed, and SLA terms defined. Negotiator MUST have confirmed terms meet budget and business requirements. Legal-reviewer MUST have identified and addressed all material risk provisions with acceptable terms or documented risk acceptance.