From Pitch to Performance: Why Commercial Negotiators and Contract Managers Must Be Embedded in the Tendering Process

Jim Bergman

It’s one of the most overlooked transitions in business: the moment a winning tender becomes a signed contract – and then an operational commitment.

Too often, that handoff feels more like a baton drop than a relay. But when commercial negotiators and contract managers are engaged early and consistently – during the tender phase, not just after award – the result is not only smoother execution but a deal that delivers on its promise.

The Tender Isn’t Just a Bid – It’s a Commitment in Disguise

A tender response sets the tone, expectations, and structure for the eventual contract. Without the input of negotiation and contract management professionals, teams risk:

  • Over-promising terms that later become risk or cost burdens
  • Committing to service levels or KPIs that are misaligned with delivery capability
  • Missing escalation or governance structures needed post-award
  • Failing to embed commercial protections like change control or payment triggers

Getting the experts involved early builds strategic realism into every proposal.

Why Early Involvement Matters

Here’s what happens when negotiators and contract managers are part of the tender response team:

RoleValue They Bring During Tender Phase
NegotiatorFlags non-negotiable risks, structures fallback positions
Contract ManagerEnsures operational clauses are realistic and enforceable
JointlyShape terms that are both winnable and workable

This ensures that what’s promised in the bid can be successfully enforced, monitored, and adapted when reality sets in.

The Handshake That Matters: Structured Handover

Even with early involvement, things can fall through the cracks without a disciplined handover plan. A structured transition from the tender team to post-award contract management avoids:

  • “What was agreed vs. what was delivered” confusion
  • Contractual obligations falling into operational blind spots
  • Reactive instead of proactive contract performance management

A strong handover includes:

  • Final signed contract with all schedules and dependencies
  • Tender assumptions, pricing rationale, and risk registers
  • Governance and escalation protocols
  • Performance and reporting expectations
  • Key contract milestones and renewal triggers

What This Unlocks for the Business

  • Seamless implementation with fewer contract disputes
  • Stronger risk controls from day one
  • Improved client relationships through consistent delivery
  • Fewer revenue leaks through better obligation tracking
  • Faster renewals and renegotiations because documentation and understanding are embedded early

Final Thought: Don’t Just “Win” the Bid—Win the Whole Lifecycle

The real measure of success isn’t the awarded contract – it’s the value delivered (and captured) through its execution. That’s why the best commercial organizations no longer see negotiation and contract management as “after” the tender. They’re part of it. From day one.

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Published by Jim Bergman

Jim Bergman is a commercial contract professional with global experience spanning the USA, Latin America, UK, Europe, China, South Korea, Japan, India, SE Asia, the Middle East, Africa and Australia. He has worked on a wide range of direct and indirect spend categories in numerous sectors, developing a deep knowledge of services, goods and technology procurement and sales. Across this wide array of commodity and services experience, Jim has found the keys to success in maximizing value for money through customer-supplier relationships founded on innovative category management and strategic sourcing practices, key performance metrics and measures, as well as Total Cost of Ownership principles and collaborative contracting tenets. He has shared his knowledge through advisory engagements, as well as in developing and delivering training programs both on-line and in classrooms, in both open-enrollment and internal environments. Jim has assisted his clients through all phases and steps of contracting, negotiation, strategic sourcing and bidding processes, demonstrating value generation in excess of $250 million. His audiences and clients have included over 7,000 attorneys and commercial professionals students from over 1,000 corporations and public-sector entities.

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