Charles E. Rumbaugh

"How 'Baseball Arbitration' will help in Negotiating Sole Source Procurements—

or how to get through Impasse."

Charles E. Rumbaugh

How can you close the deal with “critical” Sole Source Suppliers?

Can you negotiate with sole source suppliers?

Discussion of various ADR Methods—The Spectrum of ADR Methods…

Negotiation

Integrative or Distributive Negotiation Method

What is Win-Win Negotiations?

Mediation

What is Mediation?

When should Mediation be used as an ADR method?

Arbitration

What is binding and non-binding Arbitration?

What is Baseball Arbitration OR How do you have the parties “dance-the-

negotiation-dance” and get through Impasse?

"Baseball Arbitration"--

"The parties shall exchange with each other and submit to the Arbitrator their last best offer(s) to the other. The Arbitrator shall select one or the other of such two offers and shall award such selection."

WHY DOES IT WORK? THE POWER OF “BATNA!”

Open Pricing Issues--

How do you arrive at "fair and reasonable prices" for commercial items with Sole Source

Suppliers? Power to obtain (prior/current) product and pricing information.

How do you arrive at "fair and reasonable prices" for production items where you have to

use letter contract/subcontract to achieve schedule because price was not finalized?

Other Contract Formation and Performance Issues--

"Precontract/Purchase Order/Letter Contract" Issues?

Negotiating prices for changes to Commercial Item contracts?

Utilized to assist in finalizing open items?

Strategic Alliance Agreements?

Letters of Credit Payment/Performance Issues in International/Commercial Contracting?

Acceptance Criteria Achieved?

ADROffice@Rumbaugh.net