March 2010 Tip: By Mutual Agreement

March 2010 Tip: By Mutual Agreement

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Mark Shonka

Mark Shonka Mark Shonka

One of the ironies we encounter when responding to RFPs is that we are constantly asked to sign non-disclosure agreements (NDAs) while at the same time we are not often given an opportunity to protect our own intellectual property and pricing information. Why is this? Probably because this is what the customer is demanding of us, and right now they have all of the power. It's disheartening to think that our souls are laid bare for everyone to see. Some prospects and customers have gone so far as to put our RFP responses out on the internet, pricing and all. To say the least, this can be damaging to our competitive positioning.

Maybe it's time to try to take some of that power back by asking for a mutual NDA to be signed instead of a traditional NDA. In exchange for our confidentiality with regards to their sensitive information we will ask for the same treatment of our confidential information about our services, future direction, delivery strategies, pricing, terms, etc. All we want is the same respect for our confidential information that the prospect is asking from us.

On the surface, this should be any easy one. How could someone argue that this is somehow unfair? If it is good for them, it should be good for us, too. If this doesn't sit well with the prospect, this might be the perfect time to ask more about their process and what they plan to do with the information we give them. Maybe we need to ask the question right up front - "What is your plan for handling our confidential information?" Their answer is important, and we need to factor this in as we think about the format of our response, the depth of what we share, and our overall interest in working with this customer.

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