A document outlining key points to be covered during negotiations, ensuring nothing is overlooked
Purpose
This checklist is designed to guide Neftaly’s procurement and contract managers through structured and compliant negotiations, ensuring all critical elements are addressed per the SCMR-1 and Quarterly Contract Oversight guidelines.
???? Pre-Negotiation Preparation
| Item | Description | Completed (✓/✗) | Notes |
|---|---|---|---|
| Review SCMR-1 bid evaluation results | Ensure all panel feedback is consolidated | ||
| Verify compliance documents | Confirm bidder meets all compliance requirements | ||
| Set negotiation objectives | Define clear goals (e.g., price reduction, service level, delivery terms) | ||
| Obtain internal approvals | Ensure negotiation plan is signed off by authorized personnel | ||
| Define roles within negotiation team | Who leads pricing discussion, who covers technical clarifications, etc. | ||
| Prepare alternative scenarios | Consider BATNA (Best Alternative To Negotiated Agreement) |
???? Key Negotiation Topics Checklist
| Topic | Objective | Covered (✓/✗) | Notes |
|---|---|---|---|
| Pricing/Cost Structure | Confirm final cost, discounts, payment schedule, taxes | ||
| Scope of Work Clarification | Ensure mutual understanding of services, deliverables, and KPIs | ||
| Timeline and Delivery Schedule | Confirm realistic timelines and phased delivery plans | ||
| Quality Standards | Review quality assurance processes and performance metrics | ||
| Risk Allocation | Define how risks are shared or mitigated (e.g., penalties for delays) | ||
| Invoicing and Reporting | Clarify invoicing format, frequency, and link to deliverables | ||
| SCMR-1 Reporting Obligations | Reinforce need for compliance with monthly/quarterly reporting | ||
| Contract Duration and Renewal | Confirm contract period, renewal terms, early exit clauses | ||
| Dispute Resolution | Agree on method (mediation, arbitration, etc.) and jurisdiction | ||
| Service Level Agreements (SLAs) | Set minimum performance standards with penalties/incentives | ||
| Staffing and Subcontracting | Approve key personnel, discuss subcontracting terms | ||
| Confidentiality and Data Protection | Ensure compliance with Neftaly policies and legal standards | ||
| Intellectual Property (if applicable) | Clarify ownership of deliverables, licenses, usage rights | ||
| Local Content / B-BBEE (if applicable) | Discuss empowerment targets or local hiring requirements | ||
| Post-Award Contract Management | Agree on quarterly review sessions per Neftaly guidelines |
???? Documentation and Post-Negotiation Actions
| Action Item | Responsible Party | Due Date | Completed (✓/✗) | Notes |
|---|---|---|---|---|
| Document agreed changes | Procurement Lead | [Insert Date] | ||
| Update draft contract | Legal or Contracts Officer | [Insert Date] | ||
| Share negotiation summary with stakeholders | SCM/Finance/Legal | [Insert Date] | ||
| Final internal approval for award | Contract Committee or Authorized Signatory | [Insert Date] | ||
| Incorporate in SCMR-1/Qtrly Management Docs | M&E or Contract Oversight Officer | [Insert Date] |
???? Sign-Off
| Name | Role | Signature | Date |
|---|---|---|---|
| Procurement Lead | |||
| Finance Representative | |||
| Legal/Compliance Officer | |||
| Observer (if present) |
???? Annexures
- Annex A: Final Bid Evaluation Summary (from Bid Evaluation Form)
- Annex B: Draft Contract with Marked Changes
- Annex C: SCMR-1 Compliance Tracker
- Annex D: Internal Approval Form (pre-negotiation)
- Annex E: Conflict of Interest Declaration (signed by all parties)
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