- Processes required to acquire goods and services from outside the organization
- Discussed from the perspective of the buyer
- Terms and conditions of the contract is a key input to many processes
- Buyer is the customer, thus a key stakeholder
- Seller’s project management team must be concerned with all processes of project management, not just their knowledge area
- Identify project needs that can best be met by acquiring resources
- Consideration whether to procure, how to, how much, when to purchase
- Subcontractor decisions may provide flexibility
- Internal procurement does not involve formal solicitation and contract
- Scope Statement – boundary for needs and strategies
- Product Description – broad technical issues, not to be confused with a statement of work
- Procurement Resources – formal contracting group (RFP)
- Market Conditions – supply and demand, what services are available
- Other Planning Outputs – preliminary cost and schedule, quality management plans, cash flow, WBS, risks, staffing
- Constraints – factors that limit buying options
- Assumptions
- Make or Buy analysis – determine if the service can be provided from within
- Include direct and indirect costs
- Factor ongoing need for items vs. 1-time usage
- Expert Judgment – assess input
- Contract type selection
- Fixed Price (lump sum) – incentives for meeting targets
- Cost Reimbursable Contracts – Time and Materials basis
- Unit Price – preset amount per unit of service
Outputs from Procurement Planning
- Procurement Management Plan – describes how procurement process will be managed
- Type of contract
- Independent estimates needed?
- Autonomy of project team
- Standardized documents
- Multiple provider management?
- Incorporate with other project aspects (scheduling and performance reporting)
- Statement of Work (SOW) – describes the procurement in detail – clear, concise description of services
- Can also be a Statement of Requirements for problem-solving activities
Solicitation Planning
- Preparing documents needed
Inputs to Solicitation Planning
- Procurement Management Plan
- Statement of Work
- Other Planning Outputs
- Standard Forms and Procedures
- Expert Judgment
- Procurement Documents – used to solicit proposals from prospective sellers
- Bids, Request for Proposal, Request for Quotation, Contractor Initial Response, etc.
- Structure to receive complete and accurate responses
- Description of desired form of response and any required contractual provisions (e.g. non-disclosure statements)
- May be defined by regulation
- Flexible to allow seller suggestions
- Evaluation Criteria – rate proposals; objective or subjective (previous experience)
- Price
- Understanding of need by seller
- Overall/Life Cycle cost (purchase plus operating cost)
- Technical Capability
- Management Approach
- Financial Capacity
- Statement of Work Updates
Solicitation
- Obtaining information from prospective sellers
Inputs to Solicitation
- Procurement Documents
- Qualified Seller Lists – preferred vendors
Tools & Techniques for Solicitation
- Bidder Conferences – mutual understanding meetings
- Advertising – primarily with Government projects
- Proposals – seller prepared documents describing willingness and ability to provide the service
Source Selection
- Apply evaluation criteria (seldom straight-forward)
- Price (lowest price may not always result in lowest project cost)
- Technical (approach) vs. commercial (price)
- Multiple sourcing may be needed for same service
- Proposals
- Evaluation Criteria
- Organizational Policies
Tools & Techniques for Source Selection
- Contract Negotiation – clarification and mutual agreement on structure and requirements of contract prior to signature
- Responsibilities and authorities
- Applicable terms and law
- Financing
- Price
- Technical and business management
- Weighting – quantifying data to minimize personal prejudice of source selection
- Assign numerical weight to evaluation criteria
- Rating sellers
- Multiply weight by rating and totaling overall score
- Screening System – establish minimum performance criteria
- Independent Estimates – “should cost” estimates
Outputs from Source Selection
- Contract – mutually binding agreement obligates seller provide goods and services and buyer to make payment.
- Legal relationship
- Legal review is most often necessary
Contract Administration
- Ensuring that the seller’s performance meets contractual requirements
- Project Team must be aware of legal ramifications of all actions taken
- Apply project management processes to contractual relationships and integrate outputs within the project
- Project Plan Execution (authorize work)
- Performance Reporting (monitor cost, schedule)
- Quality Control (verify contractor’s output)
- Change Control
- Financial Management
Inputs to Contract Administration
- Contract
- Work Results – seller’s deliverables, quality standards, actual costs
- Change Requests – modify contract, or description of product/service
- May result in disputes, claims, appeals
- Seller Invoices
Tools & Techniques for Contract Administration
- Contract Change Control System – defines how a contract may be modified
- Includes paperwork, tracking system, dispute resolution procedures and approval levels
- Performance Reporting
- Payment System – Accounts Payable
Contract Close Out
- Similar to administrative closure; involves product verification and administrative paperwork
- Early termination is a special case
- Contract terms and conditions may prescribe procedures
- Contract Documentation – supporting schedules, documentation
Tools & Techniques for Contract Close Out
Procurement Audits – structured review of entire procurement process; identify successes and failures that warrant transfer to other procurement items
Outputs from Contract Close Out
- Contract File – complete index of records
- Formal Acceptance and Closure – contract administration responsibility to provide a formal notice that contract has been completed
Tips from Review Guide
- Most questions are process oriented
- Most questions are from the buyer’s perspective
- Contracts are formal agreements
- All requirements should be specifically stated in the contract
- All contract requirements must be met
- Changes must be in writing and formally controlled
- US Gov’t backs all contracts by providing a court system
- What forms a contract
- An offer
- An acceptance
- Consideration - something of value
- Legal Capacity – separate legal parties, competent parties
- Legal Purpose – can not perform illegal goods or services
- Project Manager’s role for procurement
- Risk identification and evaluation
- Work within the procurement process
- Procurement Process
- Procurement Planning = Make or buy
- Solicitation Planning = Request for Proposal
- Solicitation = Questions and Answers
- Source Selection = Pick vendor
- Contract Administration = Admin
- Contract Closeout = Finish
- Make or Buy: consider out of pocket costs and indirect cost of managing procurement
- Buy – to decrease risk (cost, schedule, performance, scope of work)
- Make
- Idle plant or workforce
- Retain control
- Proprietary information/procedures
- Buy vs. lease questions (use X = number of days when purchase and lease costs are equal)
- Contract Type Selection – reasonable risk between the buyer and seller and greatest initiative for seller’s efficient and economic performance
- Scope – well defined?
- Amount or frequency of changes expected after start date
- Amount of effort and expertise the buyer can devote to manage the seller
- Industry standards
- Cost Reimbursable (CR); seller’s cost are reimbursed; buyer bears highest risk (cost increases)
- CPFF – cost plus fixed fee, buyer pays all costs – fee (profit) established
- CPPC – cost plus percentage of costs; bad for buyers (seller not motivated to control costs)
- CPIF – cost plus Incentive Fee; seller costs + fee + bonus for meeting/exceeding target (incentive clause)
- Time and Materials; priced on per hour basis, elements of fixed price contract and cost reimbursable contracts – buyer has medium risk
- Fixed Price (lump sum, or firm fixed price) - most common (1 price for all work), risk of costs is upon seller
- FPIF – Fixed Price Incentive Fee
- FPEPA – Fixed Price Economic Price Adjustment – long duration projects
- Incentives – help bring seller’s objectives in line with buyer’s
- Incentive Fee and Final Price Calculations
- Must Have:
- Target Cost
- Target Fee
- Target Price
- Sharing Ratio (buyer/seller)
- Actual Cost
- Fee = (Target Cost – Actual Cost) x Seller Ratio (%)
- Total Fee = Fee + Target Fee
- Final Price = Actual Cost + Total Fee
- Procurement Documents, Contract Type and Scope of Work
- Request for Proposal – Cost Reimbursable – Performance or Functional Scope (can be somewhat loosely defined)
- Invitation for Bid – Time & Materials – Design Scope (moderately defined)
- Request for Quotation – Fixed Price – Any Scope (must be detailed)
- Terminology (Terms and Conditions)
- Force majeure – act of God
- Indemnification – who is liable
- Liquidated damages – estimated damages as a result of contract breach
- Material breach – a breach so large the project may not continue
- Special Provisions – provided by the Project Manager to contracts so that particular needs are addressed
- Privity – contractual relationship
- Single Source – contract directly with preferred seller
- Sole Source – only one supplier available in market
- Evaluation Criteria
- Understanding of need
- Overall or life-cycle cost
- Technical ability
- Management Approach
- Financial Capacity
- Project Management Ability
- Invitation for Bids are usually not evaluated with entire criteria (lowest rate is chosen)
- Solicitation
- Bidder’s Conference
- Benefit both buyer and seller
- Watch out for
- Collusion
- Sellers not asking questions in front of their competition
- Make sure all questions and answers are in writing and issued to all sellers (respond to same scope in work)
- Source Selection
- Negotiation Objectives
- Obtain a fair and reasonable price
- Development a good relationship with seller
- Project manager must be involved
- Main Terms to negotiate
- Responsibilities
- Authority
- Applicable Law
- Technical and Business Management approaches
- Contract Financing
- Price
- Contract Administration – assure that seller’s performance meets contractual requirements
- Project Managers must understand the contract and manage its completion
- Sometimes contract is in conflict with Scope of Work
- Only the contracting officer (CO) can change contract language
- Often a source of conflict
- Need to deal with a different company’s set of procedures
- It is not as easy to “see” problems
- Greater reliance on reports to determine if a problem exists
- Greater reliance on relationships between buyer and seller’s project managers
- Contract Closeout – more attention to documentation and completion of files
- All documentation must be preserved and filed
- Centralized vs. decentralized contracting
- Contract Interpretation
- Based on analysis of intent
- Fee = Target Cost – Actual Cost X Seller Ratio ($)
- Total Fee = Fee plus Target Fee
- Final Price = Actual Cost plus Total Fee
- Contractor = seller
- Purchasing Cycle – define need, prepare and issue purchase order
- Functional Spec – delineates specific end-use capabilities that are tested in acceptance procedure
- Measurable Capabilities = Performance Specifications
- Requisition Cycle – review of specification completeness
- Requirements Cycle – develops the statement of work