TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

When responding to requests for proposals (RFPs), vendors should be conscious that they might be disclosing highly confidential or commercially sensitive material to the potential customer, with no guarantee of securing the proposed contract. Such information could, without any restrictions, be used by the potential customer to assist the vendor’s competitors or to develop solutions in-house.

In light of this, prudent vendors should carefully consider what legal protections they include in their RFP responses alongside operational and commercial details. We have set out some key considerations below.

There are books out there that get into great detail and can be very useful in developing negotiating skills (one of our favorites is Never Split the Difference by Chris Voss). In our experience, though, many negotiators that we come across either have an inflated view of their skills and can’t be bothered with reading a book like this, don’t have the time to read a book like this, or read the book and just can’t make the techniques work.