SlideShare a Scribd company logo
1 of 11
Download to read offline
1
Welcome	
  to	
  the
Project	
  success	
  
through	
  excellent	
  
contract	
  management	
  :
an	
  overview	
  of	
  the	
  new	
  guide
by
Dr	
  Jon	
  Broome,	
  chair	
  of	
  C&P	
  SIG
Why	
  you	
  came	
  ?
§ why	
  (almost)	
  every	
  project	
  manager	
  should	
  have	
  
knowledge	
  &	
  skill	
  in	
  contracts	
  &	
  procurement to	
  be	
  
effective;
§ modern	
  developments	
  in	
  contracts	
  &	
  procurement;
§ the	
  seven	
  stage	
  procurement	
  and	
  contract	
  management	
  
model	
  and	
  the	
  level	
  two	
  activities	
  that	
  sit	
  beneath	
  them
§ (small)	
  things	
  that	
  highly	
  effective	
  project	
  managers	
  and	
  
project	
  procurement	
  professionals	
  should	
  do	
  
consistently,	
  consistently	
  well.
Agenda
§ Aims	
  &	
  Agenda	
  +	
  Intros
§ Modern	
  developments	
  &	
  why	
  C&P	
  affects	
  you	
  
even	
  more
§ The	
  seven	
  stage	
  model
with	
  stories	
  &	
  vignettes	
  to	
  illustrate	
  some	
  of	
  the	
  stages
§ Summary	
  of	
  things	
  you	
  should	
  do
The	
  intended	
  readership
The	
  intended	
  audience	
  for	
  the	
  Guide	
  is	
  :
vProject	
  managers	
  and	
  project	
  procurement	
  
professionals	
  who	
  would	
  like	
  a	
  guide	
  on	
  how	
  P3	
  
procurement	
  &	
  contract	
  management	
  operates
vStakeholders	
  – both	
  internal	
  and	
  external	
  to	
  the	
  
project	
  team	
  -­‐ who	
  need	
  to	
  increase	
  their	
  awareness	
  
of	
  project	
  procurement	
  e.g.	
  finance,	
  engineers	
  etc
2
Intro’s	
  :	
  who	
  are	
  you	
  ?
§ Sector	
  ?
– Oil	
  ?
– Construction	
  &/or	
  civil	
  engineering	
  ?
– IT	
  ?
– Heavy	
  engineering	
  ?
– Other	
  ?
§ Role	
  ?
– Project	
  Manager
– Procurement	
  professional
– Legal
– Commercial
– Other	
  ?
What	
  is	
  Procurement ?
§ APM	
  Body	
  of	
  Knowledge	
  5th	
  edition (Section	
  5.4)	
  
§ "Procurement	
  is	
  the	
  process	
  by	
  which	
  the	
  
resources	
  (goods	
  and	
  services)	
  required	
  by	
  
a	
  project	
  are	
  acquired.
It	
  includes	
  the	
  development	
  of	
  the	
  procurement	
  
strategy,	
  preparation	
  of	
  contracts,	
  selection	
  and	
  
acquisition	
  of	
  suppliers,	
  and	
  management	
  of	
  the	
  
contracts."	
  
APM	
  Body	
  of	
  Knowledge	
  6th	
  edition (definition)
§ “Procurement	
  is	
  the	
  process	
  by	
  which	
  
products and	
  services are	
  acquired	
  from	
  
an	
  external	
  provider	
  for	
  incorporation	
  
into	
  the	
  project,	
  programme	
  or	
  
portfolio.”
Why	
  is	
  Procurement	
  Important	
  ?
§ If	
  80	
  – 90%	
  of	
  a	
  projects	
  spend	
  is	
  outsourced	
  in	
  some	
  
way,	
  then	
  might	
  having	
  the	
  right	
  organisations	
  and	
  
people	
  on	
  board	
  with	
  good	
  contracts	
  in	
  place	
  be	
  
helpful	
  ?
§ Research	
  shows	
  that	
  good	
  procurement	
  decisions	
  can	
  
have	
  just	
  as	
  much	
  effect	
  on	
  delivering	
  projects	
  to	
  time,	
  
cost	
  and	
  performance	
  as	
  technical	
  decisions.
§ A	
  Project	
  Manager	
  can	
  only	
  manage	
  a	
  sub-­‐project	
  /	
  
contract	
  through	
  the	
  cards	
  he	
  or	
  she	
  is	
  dealt.
Procurement	
  is	
  about	
  the	
  cards	
  you	
  deal	
  yourself.
Contracts	
  management	
  is	
  about	
  how	
  you	
  play	
  them.
3
Procuring	
  at	
  a	
  higher	
  level.	
   Developments	
  since	
  the	
  last	
  Guide
§ The	
  Project	
  Life-­‐Cycle	
  now	
  includes	
  Operation	
  &	
  arguably	
  
Termination.
APM Guide to Contracts and Procurement
6
operate’ concept; more commonly known as the private finance initiative (PFI)
or public private partnership (PPP).
n An increasing need for collaboration in order to deliver projects, as no longer
can a single organisation do it all due to the increasing complexity of both
technology and society, in some sectors.
n Selection of providers, in some cases almost wholly, on the basis of their
cultural and technical capabilities. This is increasing due to the ‘end product’
being not fully defined or being a moving target. What is being bought is
therefore the capability to develop a solution rather than delivery to fixed start
and end points. The procurement cycle is therefore increasingly used to
leverage the know-how of the supply chain to deliver competitive advantage.
n Conditions of contract are being designed to align motivations and be more
relationship based, i.e. define how parties work together, as opposed to trying
and often failing to define illusory fixed end states. An example of this trend is
the growing use of the New Engineering Contract version 3 (NEC3) family of
contracts in the engineering and construction industries and elsewhere.
n The emergence of programme management; defined as:
Figure 1.3 Expansion of the project life cycle (from APM Body of
Knowledge 6th edition)
Developments	
  since	
  the	
  last	
  Guide
§ There	
  is	
  a	
  greater	
  emphasis	
  on	
  outcomes,	
  benefits	
  &	
  wlc’s.
§ The	
  Project	
  Life-­‐Cycle	
  has	
  expanded	
  to	
  include	
  Operation	
  &	
  
Termination.
§ As	
  technology	
  &	
  society	
  get	
  more	
  complex,	
  there	
  is	
  an	
  increasing	
  
need	
  for	
  collaboration	
  to	
  deliver	
  projects.
§ Selection	
  therefore	
  includes	
  culture	
  and	
  capabilities	
  as	
  the	
  end	
  
‘product’	
  cannot	
  be	
  fully	
  defined.
§ Contracts	
  need	
  to	
  align	
  motivations	
  and	
  be	
  more	
  relationship	
  
based	
  i.e.	
  define	
  how	
  parties	
  work	
  together.
§ Consequently,	
  procurement	
  literature	
  should	
  cover	
  the	
  
procurement	
  of	
  ‘sub-­‐projects’	
  /	
  Packages	
  with	
  the	
  above	
  
characteristics,	
  not	
  just	
  goods	
  &	
  services.
§ This	
  can	
  be	
  for	
  a	
  Programme	
  or	
  even	
  Portfolio	
  of	
  contracts.
APM	
  Body	
  of	
  Knowledge	
  6th	
  edition (definition)
§ “Procurement	
  is	
  the	
  process	
  by	
  which	
  
products	
  and	
  services	
  are	
  acquired	
  from	
  
an	
  external	
  provider	
  for	
  incorporation	
  
into	
  the	
  project,	
  programme	
  or	
  
portfolio.”
So,	
  given	
  these	
  developments,
IS	
  THIS	
  DEFINITION	
  FIT	
  FOR	
  PURPOSE	
  ?
4
A	
  new	
  definition	
  for	
  Procurement	
  ?
“Procurement	
  is	
  the	
  process	
  by	
  which	
  the	
  benefits,	
  enhanced	
  
capability,	
  functions	
  /	
  performance	
  or	
  resources	
  (goods	
  &	
  
services)	
  required	
  from	
  or	
  by	
  a	
  project	
  or	
  programme	
  are	
  
acquired.
It	
  includes	
  deciding	
  the	
  Package	
  Breakdown	
  Structure	
  (PaBS)	
  
and,	
  for	
  each	
  package,	
  the development	
  &	
  implementation	
  
of	
  the
§ a contracting	
  strategy
§ contract	
  documents,	
  including	
  the	
  specific	
  scope	
  /	
  
requirement
§ process	
  and	
  evaluation	
  criteria	
  for	
  selection	
  and	
  award
leading	
  to	
  the	
  effective	
  management	
  and	
  administration	
  of	
  
the	
  contracts	
  once	
  entered	
  into."	
  
3
of the size of the project or programme. For a small procurement, it may mainly
be a thought process. However, the larger the project or programme, the more
thoughtshouldbeappliedwithmoreformalityintermsofrecordingthedecisions
made and reasons why. Indeed, for a major procurement exercise, this guide
could be used as the starting point for the process of developing the required
contracts and an aid to seeking further detailed advice or guidance if required.
We believe that you will find the following chapters a useful introduction to
each of these activities and it will spur you on to further develop your under-
standing and skills in these areas.
Figure 1.1 The procurement guide life cycle stages
Why	
  ‘Concept	
  &	
  Feasibility’	
  ?
§ We	
  are	
  talking	
  about	
  the	
  business	
  case.
§ How	
  much	
  will	
  this	
  change	
  ?
§ If	
  significant	
  /	
  critical	
  parts	
  are	
  going	
  to	
  be	
  
outsourced,	
  how	
  can	
  you	
  not	
  consider	
  the	
  market	
  
and	
  likely	
  packages	
  &	
  their	
  procurement	
  &	
  
commercial	
  arrangements.
Introduction
prevailing environment external to the project, e.g. changes in legislation,
businesscontext,politics,etc.Theconditionsofcontractputinplaceforpackages
should not only accommodate change, but should also allow the employer the
flexibility to influence package outcomes (e.g. to reduce the ultimate cost by the
application of good project management).
Simply having a good provider in place with conditions of contract which
enable the management of change is unlikely to be enough to achieve optimum
The cost influence curve: Prior study10
has pointed out that it is early in
the project that the ability to influence the outcome in terms of cost is the
greatest. Typically, during the initial weeks/months of the project, the
project’s critical elements are shaped, including the involvement patterns
of the project sponsor.
Figure 1.4 Cost influence curve (after Rocque)
Conversely the investment in the project (its cost) rises throughout the
project thus the risk of there being wasted investment also increases (for
example if a provider needs to be changed due to performance or other
issues developing).
§ Shouldn’t	
  PMs	
  and	
  
procurement	
  professionals	
  
be	
  involved	
  at	
  an	
  early	
  stage	
  
then	
  ?
APM Guide to Contracts and Procurement
18
1. Develop the ‘strategic’ business case (SBC).
2. Gain support of a business case sponsor.
3. Identify and analyse stakeholders.
4. Decide which stakeholders to engage with and when.
5. Assess stakeholder views in order to:
a. Develop the project brief.
b. Identify and develop the high-level options and produce the options paper.
c. Estimate the overall project cost in the context of the overall endeavour.
6. Assess and Select the best option(s), involving key stakeholders in the
process.
7. Develop a project scope statement for the preferred option(s) including an
initial budget and an overall programme plan with contingencies.
8. Refine/update the SBC, including budget, programme plan and contingencies.
9. Conduct a gateway review in order to obtain a decision on whether to proceed
with the project or not, and if it is a medium or major project for organisation;
(9a) involve the future project board/steering group.
Figure 2.1 Process diagram for the concept and feasibility stage
5
A	
  few	
  comments	
  …
Activity	
  5:	
  Development	
  of	
  the	
  Project	
  Brief.
The	
  Project	
  Brief	
  is	
  a	
  high–level	
  outline	
  specification,	
  in	
  terms	
  of	
  
capability	
  or	
  functions	
  and	
  performance	
  levels,	
  of	
  stakeholders’	
  
(customers/clients)	
  needs	
  and	
  requirements	
  for	
  the	
  project	
  needed	
  
to	
  deliver	
  the	
  agreed	
  Benefits.	
  This	
  would	
  include	
  the	
  Benefits	
  being	
  
refined	
  where	
  possible	
  into	
  tangible	
  or	
  measurable	
  Success	
  Criteria.
Activity	
  7	
  :	
  Develop	
  Project	
  Scope	
  Statement
§ What’s	
  in,	
  what’s	
  out	
  and	
  what’s	
  a	
  maybe	
  ?
§ High	
  level	
  boundaries	
  /	
  constraints.
§ High	
  level	
  project	
  breakdown	
  structure	
  for	
  costing	
  &	
  planning.
§ Threats	
  &	
  Opportunities
37
strategies are developed and providers are selected.
3.3 Activities
The key activities of this phase are illustrated in Figure 3.2 and described in the
following sections.
Figure 3.2 Process diagram for the project procurement strategy stage
Example	
  ‘Make	
  or	
  Buy’	
  Criteria
Procuring	
  at	
  a	
  higher	
  level.	
  
6
38
if EU procurement legislation is not mandated, it is wise to demonstrate fairness
in provider selection to avoid reputational damage.
3.3.2 Activity 1: Determine the high-level PaBS
The PaBS is developed via an iterative process, usually starting as relatively
high-level and then being refined via consultation. The initial PaBS may be formed
by breaking the overall project down into an initial hierarchy by considering the
terms as shown in Table 3.1, which uses a solar power station as an example.
Table 3.1 Example high-level package terms for a solar power station
Example for a solar power station
Business benefits, resulting from the
completed project
Quantified increase in revenue and earnings
from the completed project. Desired ROCE
Success criteria, by which the project can be
judged at the time of its completion
CAPEX (capital expenditure) within budget;
completion on or before planned date; initial
OPEX (operational expenditure) within
budget
Enhanced capabilities that are delivered to the
customer organisation(s)
Total power able to be generated, efficiency in
terms of converting lumens to power
Deliverables that provide this capability The design; main construction works including
foundations, operator facilities, access roads,
solar panels; converters; high-voltage wires
connecting to grid, etc.
Work breakdown structure (WBS) of the
goods and Services that make up each
deliverable.
e.g. For the foundations; holes to be dug,
concrete, reinforcing bar, etc.
Based	
  on	
  a	
  true-­‐life	
  story	
  …
45
Project procurement strategy
Figure 3.3 Example package breakdown structure (PaBS)
Figure 3.4 PaBS development for a wind-farm project
Having gone through a number of iterations with all of the potential packages,
the end result should be that every item in the project works hierarchy is in one
of the packages, but in one package only, e.g. in terms of goods and services,
there is a ‘hard’ boundary with no duplication or overlap between packages. This
should be documented in a scope/responsibility matrix that identifies allocation
of ownership for all package components.
You	
  want	
  ‘hard’	
  boundaries	
  between	
  
Packages	
  …
APM Guide to Contracts and Procurement
46
Bear in mind that projects are undertaken over a period of time. Consequently,
in packaging elements of a project together, the interactions and interdependen-
cies that occur during the implementation phase need to also be considered. As
a result, you may decide to package two otherwise separate, but interdependent
elements together, so that the chosen provider becomes more motivated to
manage the interface successfully. This strategy may reduce the risk of conflict
between providers thus reducing the potential for extra management costs for
the employer and for the overall project. Taking the ‘design and build’ example
from construction again, another benefit it provides is time-saving; as design and
build can more easily overlap if they are in the same package. This is in contrast
to the traditional route where design should be finished before the build package
is tendered and let.
If it is the employer organisation that will manage these boundaries, then for
each package, these interdependencies and interactions must be identified,
along with the necessary management steps to ensure smooth delivery. It is
worth considering what the provider’s tactics may be at these scope boundaries,
in order to devise control measures and strategies to prevent such risks occurring.
Where less is known, then the provider may charge a premium to manage these
risks. Don’t think that all risks can be passed to a provider – many are not
necessarily better placed to manage the risks than the employer – but you end up
paying them for it.
Figure 3.5 illustrates the ‘hard’ and ‘soft’ boundaries for goods and services
that require definition and management.
Figure 3.5 The ‘hard’ and ‘soft’ boundaries for goods and services
7
Figure  3.8:  Diagram  correlating  Nature  of  Relationship  with  Type  of  Package
53
4
Package contracting
strategy
4.0 Overview
This stage develops the contracting strategy for each individual package to be
procured. During the stage, decisions are made on the main elements of the
strategy for the providers of each of the packages. The strategy should include:
n The basis for how the provider is paid.
n The payment schedule (defining the cash flow).
n To whom risk is allocated and hence how it will be managed (allocated,
contained and mitigated).
n Howthepartiesaremotivated,whetherpositivelythroughbonusesanduseof
remedies in case of default.
n Choice of the contract terms, which may be based on a ‘best fit’ standard form
of contract, or whether an in-house or custom form should be used.
The output from the stage will be a briefing document that will be used to instruct
the drafting team for the contract terms and requirement (see Chapter 5).
Package contracting strategy
4.4.1 Activity 1: Information gathering
This stage is predominantly about gathering more detailed information regarding
the package and the likely participants within it. This information is equally
valuable for consideration in Stage 5 when selecting the provider. Information
can be gathered under three inter-related main headings as below:
1.The participants’ drivers and constraints: The employer needs to be
Figure 4.1 Process diagram for the package contract strategy stage
What	
  Sort	
  of	
  Contracting	
  Strategy	
  ?
Input-­based
Arrangements
Trans-­ Short                    Medium                            Long                          Permanent
actional                     1  year                                            2  years                              5  years              10  years              25  years
Complexity  /
Degree  of  UncertaintyLow
High
Joint
Venture                                              
Companies
TIMESCALE
Fixed  price  contracts
-­ activity  schedule            -­ lump  sums
-­ milestone  payments
BOOT  /  DBFO  
(Build,  Own,  
Operate,  Transfer  /  
Design,  Build  
Finance,  Operate)  
Arrangements
Strategic  Outsourcing
Project  Alliances
Management  Contracting
Cost  reimbursable
Bill  of  Quantities
Target  cost  contract
Frameworks
Price
Based  arrangements
Schedule  of  Rates
8
101
Prepare the contract terms and requirements
packagescopeanditsinteractionsandinterdependencieswithothers.Otherwise,
we have seen, for instance, they may well enthusiastically develop a fully
defined requirement, in terms of goods and services specified when actually the
contract requires a performance specification. Failure to have this initial under-
standing can result in significant wasted professional time being expended,
which not only costs in fees, but delays the overall project. Make sure that the
responsibility for design and specification rests where it best suits the employer’s
requirements. Contract forms or procurement routes can sometimes be inadvert-
ently selected.
In addition, unless there are sound commercial reasons not to, it is suggested
that drafters are also briefed on the business case and the procurement
management plan as well as having access to the relevant documents. This is to
ensure that they understand the ‘big picture’ of the project, how their part fits
into it and have a full understanding of the inter-dependencies of their contract
package across the project. The drafters should also be given a list of the names
and contact details for those parties with whom they are expected to liaise to
obtain answers to questions arising for the detail. This may be an extensive list
where the contract is complex or international.
Figure 5.1 Process diagram for the prepare contract terms and
requirements stage
Drafting	
  Philosophy
§ The	
  importance	
  of	
  briefing,	
  so	
  that	
  reality	
  is	
  in	
  
accordance	
  with	
  desired	
  strategies.
§ Transaction	
  based	
  contracts	
  for	
  commodities	
  vs.	
  
Relationship	
  based	
  contracts	
  for	
  projects	
  (where	
  things	
  
do	
  go	
  wrong)	
  leads	
  onto	
  ...	
  ...
§ Contract	
  administration	
  vs.	
  contract	
  management.
§ Use	
  standard	
  forms	
  where	
  possible	
  and	
  limit	
  
amendments	
  to	
  those	
  that	
  are	
  needed.
§ Control	
  the	
  lawyers	
  !	
  Control	
  the	
  tech	
  specialists	
  !
What	
  should	
  a	
  contract	
  cover	
  ?
§ Governance,	
  especially	
  in	
  Partnering	
  
Style	
  arrangements
§ Definitions
§ Design	
  development	
  and	
  
implementation
§ Types	
  of	
  liability	
  :	
  reasonable	
  skill	
  and	
  care	
  
(services);	
  fitness	
  for	
  purpose;	
  tort.
§ Existing	
  State	
  /	
  Starting	
  Point
§ The	
  Deliverable
§ Each	
  parties	
  Rights	
  &	
  Obligations	
  during	
  
delivery
§ Constraints	
  during	
  Delivery
§ Subcontracting
§ Testing	
  &	
  Commissioning
§ Correction	
  of	
  defects	
  after	
  completion
§ Time,	
  inc	
  Final	
  Certificate
§ Payment	
  :	
  Certification	
  :	
  when,	
  by	
  what	
  
criteria	
  (foreign	
  currencies)	
  and	
  by	
  whom.	
  
Interest	
  payments	
  for	
  late	
  payment.
§ Approvals	
  /	
  Instructions	
  etc.	
  on	
  behalf	
  of	
  
Employer
§ Risk	
  Allocation	
  /	
  Management	
  of	
  Change	
  
:	
  the	
  need,	
  risk	
  allocation,	
  calculation	
  of	
  time	
  
and	
  cost.
§ Title	
  &	
  ownership	
  rights,	
  inc	
  IPR
§ Insurance	
  :	
  what	
  each	
  party	
  should	
  hold,	
  
indemnity.
§ Termination	
  /	
  Exit	
  procedures
§ Dispute	
  Resolution	
  :	
  options	
  &	
  sequence	
  
(dispute	
  resolution	
  board,	
  adjudication;	
  
mediation;	
  arbitration	
  or	
  litigation).
§ International	
  Factors	
  e.g.	
  multiple	
  
currencies,	
  shipping..
9
113
6
Select provider and
award the contract
6.0 Overview
In this stage, the ‘best value’ available provider(s) for the individual contracted-
out project packages are selected and the contract awarded to them. This stage
is particularly key, as once the contract(s) are placed, the legally binding commit-
ments will have been made and external costs will start accruing.
During this stage, a more detailed view is taken of what criteria are used to
shortlist and select the potential provider(s) given what they will be asked to
deliver in the contract, including risks allocated to them and other factors such as
market conditions.
The stage includes:
n Definition of the selection criteria, which may include factors such as track
record, price and experience of personnel.
n The process that needs to be implemented based on the overall timescales of
the project or programme.
123
n Members from the project board or steering group.
n Those team members who are going to work with the provider (they could
also be in the team who will do the administration and scoring).
n A representative of the ultimate user.
Figure 6.1 Process diagram for the provider selection stage
Types	
  of	
  Selection	
  Criteria
§ Past	
  Performance	
  :	
  for	
  you	
  &	
  /	
  or	
  others
§ Price	
  *	
  /	
  Cost	
  factors	
  *
§ The	
  End	
  Deliverable	
  :	
  Provider’s	
  Proposals*
vs.	
  what	
  you	
  asked	
  for
§ Means	
  of	
  Delivery	
  *	
  :	
  	
  	
  Hard	
  	
  &	
  Soft	
  factors
Internal	
  vs.	
  External
§ Capability	
  :	
  Organisationally	
  &/or	
  of	
  Individuals	
  *
§ Culture	
  : Generally	
  &/or	
  Compatibility
Organisationally	
  &/or	
  Individually
VfM
*  Contractual  status  must  be  decided.
Table 6.1 Characteristics of differing procurement methodologies
Type Characteristics
When to use (See also section 3.3.6
for consideration of the type of
supplier relationship)
Equivalent EU procedure
(2016 guidance)55
Open market (any
organisation can respond)
Advertised to the world.
Large number of bidders
Selection on lowest price
For example, e-Auctions.
When there is an exacting or precise
specification, normally for goods, and a
sufficient number of providers who can
supply it (i.e. commodity type goods).
The Open Procedure
Limited competition (two
stage)
When the employer has significant
knowledge of the market place and
past experience of individual
providers (i.e. where an initial
selection can be done based on
experience).
Initial stage using a PQQ, or only a
short list invited to tender.
The final selection is typically done
on best value criteria (a combination
of price and other factors).
When there is a large number of providers
who could potentially meet the unique
requirement, some filtering for the best ones
is needed prior to a detailed bid.
For the final bid, the employer can define
what it is they want to a level of detail that
ensures they will get it and the constraints
that the bidder must adhere to, yet both of
these give the bidder some leeway to
innovate to give a ‘best value’ bid,
howsoever that is defined.
The Restricted Procedure
Note that there has to be a two-stage
competition to be compliant.
For ‘best value’ read ‘most
economically advantageous tender’
(MEAT).
Ongoing discussion, then
negotiation with a limited
number of providers
Employer cannot define exactly
what they want and/or how it is to
be delivered. They use the market
place to help them define this and,
in doing so, the market better
understands the requirement.
High value adding requirements with a large
risk – both opportunity and threat – element
in it.
The Competitive Dialogue and
Competitive Dialogue with
Negotiation Procedures
A three-stage process of pre-
qualification; invitation to participate
in the dialogue; and invitation to
tender (best and final offer).
Single source Where the solution is very specific
to a known source. Request for
submission of alternative ideas by
providers. Negotiation with new
providers or single source.
When time or quality is paramount.
Ideally, there is an ongoing commercial
relationship which prevents the employer
from being taken advantage of when pricing.
The Innovative Partnership
Procedure
55
Based on the UK Government Guide (UK Crown Commercial Service, 2016).
10
APM Guide to Contracts and Procurement
144
It is almost inevitable that some more detailed delivery planning will need to
be conducted to firm-up the detail of what the provider(s) need to supply and
how it will integrate with the rest of the solution; including the employer’s work
packages and those of any other providers. The planning/definition stage is
therefore included following Initiation, its depth depending on the level of
planning already conducted during provider selection.
The follow-on implementation stage may include design and build sections,
culminating in the final delivery of the solution preceding the contract closure,
handover, operation and support stage (see Chapter 8). For goods, the delivery
of the requirement may be at a point in time. For works, such as the construction
of an asset, delivery happens over a period of time.
Several parallel management activity streams need to be carried-out during
Implementation:
n Work package execution (whether internal or contracted): The
work must be undertaken in an ordered sequence to take account of
the dependencies across the delivery teams. This often is carried out in a cyclic
fashion to allow for integration of the work package outputs to take place to
build up the solution.
n Risk management:Risksmayemerge,becomeissuesorberetiredthroughout
implementation and need to be constantly managed to minimise impacts.
Figure 7.2 Manage and deliver the contract process
Initiating	
  the	
  contract
APM Guide to Contracts and Procurement
146
desirable that people from all parties need to get to know each other (ideally
during the negotiation phase but certainly at the inaugural meeting).
Responsibilities within the respective organisations should be defined so that
ownership is clear. Stakeholders (all management staff including their names,
seniority, responsibilities and reporting line – organisational chart) within each of
the parties should be identified in order for the employer’s project manager to
develop a stakeholder management plan. Key roles are typically:
For the employer
Project manager: Oversees and has responsibility for the project delivery. Has
ultimate responsibility for the performance of the project and providers.
Contract manager (if not the project manager): A person nominated to manage
the provider, undertaking day-to-day communications and reporting progress
and issues to the project manager.
Commercial/purchasing managers: Persons responsible for the contract and
the drafting of any change orders.
Technicalauthority(TA):Theseniorpersonresponsibleforthetechnicalsolution.
Figure 7.3 Initiation stages
151
Manage and deliver the contract
7.3.3 Activity 3: Implementation
In Figure 7.2 we depict an ‘implementation cycle’: ‘Design, Build, Deliver,
Integrate, Accept’. This is because the implementation; involving one or more
providers as well as the activities of the employer’s internal team is often cyclic in
nature with individual packages being delivered throughout. Significant risk is
introduced due to the need to integrate the works together, which may involve
interdependencies between multiple contracted providers. Such interdepend-
encies, which may be realised well into the overall project, are often cited as the
most frequent cause of issues developing that can significantly impact time, cost
and quality if not accounted for (see Appendix A).
The implementation cycle is affected by:
n The impact of realised risks and the resulting negotiations between parties to
resolve the impact ownership (covered by the risk management activity – see
section 7.3.4).
n The advent of necessary contract changes (covered by the change control
process – see section 7.3.5). Changes may result from risk realisation, or from
changes to the overall requirement.
During implementation, a good management technique for the employer’s
project manager to use is the Deming circle60
(see Figure 7.4).
60
Deming, E.D. Out of the Crisis (Deming, 1986).
Figure 7.4 Deming circle
…	
  and	
  then	
  improving
the	
  operation	
  of	
  it.
Contract	
  Administration	
  v.	
  Management
Contract	
  administration Contract	
  Management
‘Impartial’	
  administration	
  based	
  	
  on	
  :
• ‘reasonable’	
  ,	
  not	
  an	
  extreme	
  
interpretation	
  of	
  contract,
• information	
  submitted	
  by	
  Provider	
  &	
  
readily	
  accessible	
  to	
  administrator;
• professional	
  judgement	
  =	
  experience.
Project	
  Management	
  of	
  contract :	
  making	
  
decisions	
  in	
  best	
  interests	
  of	
  the	
  Client.
Applies	
  to	
  :
• Payment
• Acceptance	
  of	
  deliverables
• Assessment	
  of	
  Change
• Other	
  residual	
  matters
Have	
  to	
  :
• be	
  able	
  to	
  project	
  manage;
• know	
  client’s	
  objectives	
  and	
  priorities;
• have	
  information	
  to	
  make	
  informed	
  
decisions;
• a	
  contract	
  which allows	
  you	
  to	
  make	
  
project	
  management	
  decisions;
• be	
  empowered	
  by	
  the	
  client.
165
Contract closure, handover, operation and support
n contract closure (see section 8.5);
n handover (see section 8.6); and
n ongoing operations, maintenance and support (see section 8.7).
These activities follow-on from the decision to close the contract (see section
7.3.7). The ‘contract closure’ and the ‘handover’ stages may be conducted in
parallel; feeding into the preparation for the ‘operation and support’ activities.
8.4 Activity 1: Assign resources
The resources that you need to achieve the right conditions to close a contract
and to achieve handover are likely to be different from those during delivery; for
example increased financial activity may be required. It is beneficial to estimate
as soon as practicable the resources that will be required and what must be
in place to support the collation of the information needed for efficient use of
those resources. Similarly, if it is known during the manage and deliver the
contract stage (see Chapter 7) what financial information is going to be required
to close the contract, including its format, then this allows gathering of the
Figure 8.1 Contract closure, handover, operation and support process
11
Key	
  points	
  summary
§ The	
  earlier	
  you	
  get	
  involved	
  in	
  procurement,	
  
the	
  more	
  influence	
  you	
  have	
  over	
  the	
  cards	
  
you	
  are	
  dealt;
§ Project	
  manage	
  the	
  pre-­‐contract	
  
procurement	
  phase,	
  inc.	
  your	
  consultants;
§ RTFC	
  and	
  develop	
  a	
  project	
  organisation	
  that	
  
is	
  fit	
  for	
  purpose;
§ Administrate	
  and	
  Manage	
  the	
  contract	
  and	
  
don’t	
  confuse	
  the	
  two.
Contact	
  details	
  :
07970  428  929
jon@leadingedgeprojects.co.uk
www.jonbroome.com

More Related Content

What's hot

Establishing a Project Controls Function at the UK Defence Equipment & Suppor...
Establishing a Project Controls Function at the UK Defence Equipment & Suppor...Establishing a Project Controls Function at the UK Defence Equipment & Suppor...
Establishing a Project Controls Function at the UK Defence Equipment & Suppor...Project Controls Expo
 
An approach-to-planning-software-projects
An approach-to-planning-software-projectsAn approach-to-planning-software-projects
An approach-to-planning-software-projectstumetr
 
Stepwise Project planning in software development
Stepwise Project planning in software developmentStepwise Project planning in software development
Stepwise Project planning in software developmentProf Ansari
 
Cmgt 410 ver.13 entire class
Cmgt 410 ver.13 entire classCmgt 410 ver.13 entire class
Cmgt 410 ver.13 entire classLaynevine
 
Project Controls Processes
Project Controls ProcessesProject Controls Processes
Project Controls ProcessesPMA Consultants
 
Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...
Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...
Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...Project Controls Expo
 
Pm0011 project planning and scheduling
Pm0011  project planning and schedulingPm0011  project planning and scheduling
Pm0011 project planning and schedulingsmumbahelp
 
SOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERP
SOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERPSOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERP
SOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERPKevin West
 
Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...
Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...
Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...Mubashir Ali
 
BioPharma Projects: Essentials in Project Controls
BioPharma Projects: Essentials in Project ControlsBioPharma Projects: Essentials in Project Controls
BioPharma Projects: Essentials in Project ControlsPMA Consultants
 
Presentation by shubham vyas
Presentation by shubham vyasPresentation by shubham vyas
Presentation by shubham vyasPMI_IREP_TP
 
Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...
Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...
Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...Kamran Rahat
 
Project initiation document
Project initiation documentProject initiation document
Project initiation documentLenka Tomsova
 
What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...
What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...
What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...Project Controls Expo
 

What's hot (20)

Establishing a Project Controls Function at the UK Defence Equipment & Suppor...
Establishing a Project Controls Function at the UK Defence Equipment & Suppor...Establishing a Project Controls Function at the UK Defence Equipment & Suppor...
Establishing a Project Controls Function at the UK Defence Equipment & Suppor...
 
Unit 2 spm
Unit 2 spmUnit 2 spm
Unit 2 spm
 
SPM PPT
SPM PPTSPM PPT
SPM PPT
 
An approach-to-planning-software-projects
An approach-to-planning-software-projectsAn approach-to-planning-software-projects
An approach-to-planning-software-projects
 
Stepwise Project planning in software development
Stepwise Project planning in software developmentStepwise Project planning in software development
Stepwise Project planning in software development
 
Cmgt 410 ver.13 entire class
Cmgt 410 ver.13 entire classCmgt 410 ver.13 entire class
Cmgt 410 ver.13 entire class
 
Project Controls Processes
Project Controls ProcessesProject Controls Processes
Project Controls Processes
 
Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...
Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...
Balancing burdens of proof in dispute avoidance and resolution by "Ari Isaacs...
 
Spm chapter 1
Spm chapter 1Spm chapter 1
Spm chapter 1
 
Pm0011 project planning and scheduling
Pm0011  project planning and schedulingPm0011  project planning and scheduling
Pm0011 project planning and scheduling
 
SOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERP
SOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERPSOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERP
SOLVING PROJECT ALLOCATION RESOURCE PROBLEMS WITH AEROSPACE ERP
 
Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...
Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...
Lect-1: Software Project Management - Project Dimensions, Players, SDLC and P...
 
BioPharma Projects: Essentials in Project Controls
BioPharma Projects: Essentials in Project ControlsBioPharma Projects: Essentials in Project Controls
BioPharma Projects: Essentials in Project Controls
 
Presentation by shubham vyas
Presentation by shubham vyasPresentation by shubham vyas
Presentation by shubham vyas
 
Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...
Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...
Level of Integration of Risk Breakdown Structure (RBS) and Work Breakdown Str...
 
I07 Simulation
I07 SimulationI07 Simulation
I07 Simulation
 
Cost estimating and risk in complex projects
Cost estimating and risk in complex projectsCost estimating and risk in complex projects
Cost estimating and risk in complex projects
 
D07 Project Charter
D07 Project CharterD07 Project Charter
D07 Project Charter
 
Project initiation document
Project initiation documentProject initiation document
Project initiation document
 
What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...
What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...
What makes a good plan, and how do you know you’ve got one? by "Paul Kidston ...
 

Similar to Project Success through Excellent Contract Management

Project success through excellence in procurement and contract management
Project success through excellence in procurement and contract managementProject success through excellence in procurement and contract management
Project success through excellence in procurement and contract managementAssociation for Project Management
 
Ethics and Integated Design-Build services 062916
Ethics and Integated Design-Build services 062916Ethics and Integated Design-Build services 062916
Ethics and Integated Design-Build services 062916George Wilkinson
 
Procuring for agile: thoughts on what good looks like webinar, 23 April 2020
Procuring for agile: thoughts on what good looks like webinar, 23 April 2020Procuring for agile: thoughts on what good looks like webinar, 23 April 2020
Procuring for agile: thoughts on what good looks like webinar, 23 April 2020Association for Project Management
 
Pearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docx
Pearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docxPearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docx
Pearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docxAASTHA76
 
CRG DevCo’s advantages of outsourcing Project Management
CRG DevCo’s advantages of outsourcing Project ManagementCRG DevCo’s advantages of outsourcing Project Management
CRG DevCo’s advantages of outsourcing Project ManagementChris Gorga
 
Scope Management
Scope ManagementScope Management
Scope ManagementAashish Jha
 
Project management in practice - world cement magazine nov 2016
Project management in practice - world cement magazine nov 2016Project management in practice - world cement magazine nov 2016
Project management in practice - world cement magazine nov 2016Gregoire Lesecq
 
Project Manangement Introduction
Project Manangement IntroductionProject Manangement Introduction
Project Manangement Introductionasim78
 
Construction project management ch3
Construction project management ch3Construction project management ch3
Construction project management ch3ruih
 
EXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptx
EXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptxEXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptx
EXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptxDanicaCombalicerCabl
 
Distributed Agile teams and alternative contractual forms - what works best?
Distributed Agile teams and alternative contractual forms - what works best?Distributed Agile teams and alternative contractual forms - what works best?
Distributed Agile teams and alternative contractual forms - what works best?Greg Hutchings
 
Ipd Convention 2009 Lessons Learned Presentation Final
Ipd Convention 2009 Lessons Learned Presentation FinalIpd Convention 2009 Lessons Learned Presentation Final
Ipd Convention 2009 Lessons Learned Presentation FinalAndrew Huseman
 
12 Terms You Should Know Project Management Fundamentals
12 Terms You Should Know Project Management Fundamentals12 Terms You Should Know Project Management Fundamentals
12 Terms You Should Know Project Management FundamentalsInsaf Ali Soomro PMP
 
Yam yih hwan pp1 assignment aug 14
Yam yih hwan   pp1 assignment aug 14Yam yih hwan   pp1 assignment aug 14
Yam yih hwan pp1 assignment aug 14마 이환
 
Project Business Case
Project Business CaseProject Business Case
Project Business CaseNader Jarmooz
 

Similar to Project Success through Excellent Contract Management (20)

Project success through excellence in procurement and contract management
Project success through excellence in procurement and contract managementProject success through excellence in procurement and contract management
Project success through excellence in procurement and contract management
 
Ethics and Integated Design-Build services 062916
Ethics and Integated Design-Build services 062916Ethics and Integated Design-Build services 062916
Ethics and Integated Design-Build services 062916
 
Agile contracting- APM Contracts and Procurement SIG, July 2016
Agile contracting- APM Contracts and Procurement SIG, July 2016Agile contracting- APM Contracts and Procurement SIG, July 2016
Agile contracting- APM Contracts and Procurement SIG, July 2016
 
Procuring for agile: thoughts on what good looks like webinar, 23 April 2020
Procuring for agile: thoughts on what good looks like webinar, 23 April 2020Procuring for agile: thoughts on what good looks like webinar, 23 April 2020
Procuring for agile: thoughts on what good looks like webinar, 23 April 2020
 
Pearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docx
Pearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docxPearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docx
Pearson HND BTEC Level 5 HNDManaging a Successful Business Pr.docx
 
CRG DevCo’s advantages of outsourcing Project Management
CRG DevCo’s advantages of outsourcing Project ManagementCRG DevCo’s advantages of outsourcing Project Management
CRG DevCo’s advantages of outsourcing Project Management
 
Scope Management
Scope ManagementScope Management
Scope Management
 
Project management in practice - world cement magazine nov 2016
Project management in practice - world cement magazine nov 2016Project management in practice - world cement magazine nov 2016
Project management in practice - world cement magazine nov 2016
 
Project Manangement Introduction
Project Manangement IntroductionProject Manangement Introduction
Project Manangement Introduction
 
Construction project management ch3
Construction project management ch3Construction project management ch3
Construction project management ch3
 
EXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptx
EXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptxEXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptx
EXPLANATION-FOR-EVERY-SLIDE-IN-PROCUREMENT-AND-PROJ-INTEGRATION.pptx
 
Distributed Agile teams and alternative contractual forms - what works best?
Distributed Agile teams and alternative contractual forms - what works best?Distributed Agile teams and alternative contractual forms - what works best?
Distributed Agile teams and alternative contractual forms - what works best?
 
Ipd Convention 2009 Lessons Learned Presentation Final
Ipd Convention 2009 Lessons Learned Presentation FinalIpd Convention 2009 Lessons Learned Presentation Final
Ipd Convention 2009 Lessons Learned Presentation Final
 
Measuring project success
Measuring project successMeasuring project success
Measuring project success
 
12 Terms You Should Know Project Management Fundamentals
12 Terms You Should Know Project Management Fundamentals12 Terms You Should Know Project Management Fundamentals
12 Terms You Should Know Project Management Fundamentals
 
Project development handbook rl website
Project development handbook rl websiteProject development handbook rl website
Project development handbook rl website
 
Project Development Handbook presentation
Project Development Handbook presentationProject Development Handbook presentation
Project Development Handbook presentation
 
Feasibility studies
Feasibility studiesFeasibility studies
Feasibility studies
 
Yam yih hwan pp1 assignment aug 14
Yam yih hwan   pp1 assignment aug 14Yam yih hwan   pp1 assignment aug 14
Yam yih hwan pp1 assignment aug 14
 
Project Business Case
Project Business CaseProject Business Case
Project Business Case
 

Recently uploaded

ISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITY
ISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITYISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITY
ISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITYKayeClaireEstoconing
 
Difference Between Search & Browse Methods in Odoo 17
Difference Between Search & Browse Methods in Odoo 17Difference Between Search & Browse Methods in Odoo 17
Difference Between Search & Browse Methods in Odoo 17Celine George
 
ROLES IN A STAGE PRODUCTION in arts.pptx
ROLES IN A STAGE PRODUCTION in arts.pptxROLES IN A STAGE PRODUCTION in arts.pptx
ROLES IN A STAGE PRODUCTION in arts.pptxVanesaIglesias10
 
4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptx4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptxmary850239
 
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptxINTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptxHumphrey A Beña
 
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptxMULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptxAnupkumar Sharma
 
ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...
ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...
ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...JojoEDelaCruz
 
Activity 2-unit 2-update 2024. English translation
Activity 2-unit 2-update 2024. English translationActivity 2-unit 2-update 2024. English translation
Activity 2-unit 2-update 2024. English translationRosabel UA
 
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptxECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptxiammrhaywood
 
THEORIES OF ORGANIZATION-PUBLIC ADMINISTRATION
THEORIES OF ORGANIZATION-PUBLIC ADMINISTRATIONTHEORIES OF ORGANIZATION-PUBLIC ADMINISTRATION
THEORIES OF ORGANIZATION-PUBLIC ADMINISTRATIONHumphrey A Beña
 
Daily Lesson Plan in Mathematics Quarter 4
Daily Lesson Plan in Mathematics Quarter 4Daily Lesson Plan in Mathematics Quarter 4
Daily Lesson Plan in Mathematics Quarter 4JOYLYNSAMANIEGO
 
Student Profile Sample - We help schools to connect the data they have, with ...
Student Profile Sample - We help schools to connect the data they have, with ...Student Profile Sample - We help schools to connect the data they have, with ...
Student Profile Sample - We help schools to connect the data they have, with ...Seán Kennedy
 
ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4MiaBumagat1
 
ICS2208 Lecture6 Notes for SL spaces.pdf
ICS2208 Lecture6 Notes for SL spaces.pdfICS2208 Lecture6 Notes for SL spaces.pdf
ICS2208 Lecture6 Notes for SL spaces.pdfVanessa Camilleri
 
4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptx4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptxmary850239
 
How to do quick user assign in kanban in Odoo 17 ERP
How to do quick user assign in kanban in Odoo 17 ERPHow to do quick user assign in kanban in Odoo 17 ERP
How to do quick user assign in kanban in Odoo 17 ERPCeline George
 
Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Mark Reed
 

Recently uploaded (20)

ISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITY
ISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITYISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITY
ISYU TUNGKOL SA SEKSWLADIDA (ISSUE ABOUT SEXUALITY
 
Difference Between Search & Browse Methods in Odoo 17
Difference Between Search & Browse Methods in Odoo 17Difference Between Search & Browse Methods in Odoo 17
Difference Between Search & Browse Methods in Odoo 17
 
ROLES IN A STAGE PRODUCTION in arts.pptx
ROLES IN A STAGE PRODUCTION in arts.pptxROLES IN A STAGE PRODUCTION in arts.pptx
ROLES IN A STAGE PRODUCTION in arts.pptx
 
4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptx4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptx
 
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptxINTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
 
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptxMULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
 
ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...
ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...
ENG 5 Q4 WEEk 1 DAY 1 Restate sentences heard in one’s own words. Use appropr...
 
Activity 2-unit 2-update 2024. English translation
Activity 2-unit 2-update 2024. English translationActivity 2-unit 2-update 2024. English translation
Activity 2-unit 2-update 2024. English translation
 
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptxECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
 
THEORIES OF ORGANIZATION-PUBLIC ADMINISTRATION
THEORIES OF ORGANIZATION-PUBLIC ADMINISTRATIONTHEORIES OF ORGANIZATION-PUBLIC ADMINISTRATION
THEORIES OF ORGANIZATION-PUBLIC ADMINISTRATION
 
Daily Lesson Plan in Mathematics Quarter 4
Daily Lesson Plan in Mathematics Quarter 4Daily Lesson Plan in Mathematics Quarter 4
Daily Lesson Plan in Mathematics Quarter 4
 
Student Profile Sample - We help schools to connect the data they have, with ...
Student Profile Sample - We help schools to connect the data they have, with ...Student Profile Sample - We help schools to connect the data they have, with ...
Student Profile Sample - We help schools to connect the data they have, with ...
 
LEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptx
LEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptxLEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptx
LEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptx
 
YOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptx
YOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptxYOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptx
YOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptx
 
ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4
 
FINALS_OF_LEFT_ON_C'N_EL_DORADO_2024.pptx
FINALS_OF_LEFT_ON_C'N_EL_DORADO_2024.pptxFINALS_OF_LEFT_ON_C'N_EL_DORADO_2024.pptx
FINALS_OF_LEFT_ON_C'N_EL_DORADO_2024.pptx
 
ICS2208 Lecture6 Notes for SL spaces.pdf
ICS2208 Lecture6 Notes for SL spaces.pdfICS2208 Lecture6 Notes for SL spaces.pdf
ICS2208 Lecture6 Notes for SL spaces.pdf
 
4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptx4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptx
 
How to do quick user assign in kanban in Odoo 17 ERP
How to do quick user assign in kanban in Odoo 17 ERPHow to do quick user assign in kanban in Odoo 17 ERP
How to do quick user assign in kanban in Odoo 17 ERP
 
Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)
 

Project Success through Excellent Contract Management

  • 1. 1 Welcome  to  the Project  success   through  excellent   contract  management  : an  overview  of  the  new  guide by Dr  Jon  Broome,  chair  of  C&P  SIG Why  you  came  ? § why  (almost)  every  project  manager  should  have   knowledge  &  skill  in  contracts  &  procurement to  be   effective; § modern  developments  in  contracts  &  procurement; § the  seven  stage  procurement  and  contract  management   model  and  the  level  two  activities  that  sit  beneath  them § (small)  things  that  highly  effective  project  managers  and   project  procurement  professionals  should  do   consistently,  consistently  well. Agenda § Aims  &  Agenda  +  Intros § Modern  developments  &  why  C&P  affects  you   even  more § The  seven  stage  model with  stories  &  vignettes  to  illustrate  some  of  the  stages § Summary  of  things  you  should  do The  intended  readership The  intended  audience  for  the  Guide  is  : vProject  managers  and  project  procurement   professionals  who  would  like  a  guide  on  how  P3   procurement  &  contract  management  operates vStakeholders  – both  internal  and  external  to  the   project  team  -­‐ who  need  to  increase  their  awareness   of  project  procurement  e.g.  finance,  engineers  etc
  • 2. 2 Intro’s  :  who  are  you  ? § Sector  ? – Oil  ? – Construction  &/or  civil  engineering  ? – IT  ? – Heavy  engineering  ? – Other  ? § Role  ? – Project  Manager – Procurement  professional – Legal – Commercial – Other  ? What  is  Procurement ? § APM  Body  of  Knowledge  5th  edition (Section  5.4)   § "Procurement  is  the  process  by  which  the   resources  (goods  and  services)  required  by   a  project  are  acquired. It  includes  the  development  of  the  procurement   strategy,  preparation  of  contracts,  selection  and   acquisition  of  suppliers,  and  management  of  the   contracts."   APM  Body  of  Knowledge  6th  edition (definition) § “Procurement  is  the  process  by  which   products and  services are  acquired  from   an  external  provider  for  incorporation   into  the  project,  programme  or   portfolio.” Why  is  Procurement  Important  ? § If  80  – 90%  of  a  projects  spend  is  outsourced  in  some   way,  then  might  having  the  right  organisations  and   people  on  board  with  good  contracts  in  place  be   helpful  ? § Research  shows  that  good  procurement  decisions  can   have  just  as  much  effect  on  delivering  projects  to  time,   cost  and  performance  as  technical  decisions. § A  Project  Manager  can  only  manage  a  sub-­‐project  /   contract  through  the  cards  he  or  she  is  dealt. Procurement  is  about  the  cards  you  deal  yourself. Contracts  management  is  about  how  you  play  them.
  • 3. 3 Procuring  at  a  higher  level.   Developments  since  the  last  Guide § The  Project  Life-­‐Cycle  now  includes  Operation  &  arguably   Termination. APM Guide to Contracts and Procurement 6 operate’ concept; more commonly known as the private finance initiative (PFI) or public private partnership (PPP). n An increasing need for collaboration in order to deliver projects, as no longer can a single organisation do it all due to the increasing complexity of both technology and society, in some sectors. n Selection of providers, in some cases almost wholly, on the basis of their cultural and technical capabilities. This is increasing due to the ‘end product’ being not fully defined or being a moving target. What is being bought is therefore the capability to develop a solution rather than delivery to fixed start and end points. The procurement cycle is therefore increasingly used to leverage the know-how of the supply chain to deliver competitive advantage. n Conditions of contract are being designed to align motivations and be more relationship based, i.e. define how parties work together, as opposed to trying and often failing to define illusory fixed end states. An example of this trend is the growing use of the New Engineering Contract version 3 (NEC3) family of contracts in the engineering and construction industries and elsewhere. n The emergence of programme management; defined as: Figure 1.3 Expansion of the project life cycle (from APM Body of Knowledge 6th edition) Developments  since  the  last  Guide § There  is  a  greater  emphasis  on  outcomes,  benefits  &  wlc’s. § The  Project  Life-­‐Cycle  has  expanded  to  include  Operation  &   Termination. § As  technology  &  society  get  more  complex,  there  is  an  increasing   need  for  collaboration  to  deliver  projects. § Selection  therefore  includes  culture  and  capabilities  as  the  end   ‘product’  cannot  be  fully  defined. § Contracts  need  to  align  motivations  and  be  more  relationship   based  i.e.  define  how  parties  work  together. § Consequently,  procurement  literature  should  cover  the   procurement  of  ‘sub-­‐projects’  /  Packages  with  the  above   characteristics,  not  just  goods  &  services. § This  can  be  for  a  Programme  or  even  Portfolio  of  contracts. APM  Body  of  Knowledge  6th  edition (definition) § “Procurement  is  the  process  by  which   products  and  services  are  acquired  from   an  external  provider  for  incorporation   into  the  project,  programme  or   portfolio.” So,  given  these  developments, IS  THIS  DEFINITION  FIT  FOR  PURPOSE  ?
  • 4. 4 A  new  definition  for  Procurement  ? “Procurement  is  the  process  by  which  the  benefits,  enhanced   capability,  functions  /  performance  or  resources  (goods  &   services)  required  from  or  by  a  project  or  programme  are   acquired. It  includes  deciding  the  Package  Breakdown  Structure  (PaBS)   and,  for  each  package,  the development  &  implementation   of  the § a contracting  strategy § contract  documents,  including  the  specific  scope  /   requirement § process  and  evaluation  criteria  for  selection  and  award leading  to  the  effective  management  and  administration  of   the  contracts  once  entered  into."   3 of the size of the project or programme. For a small procurement, it may mainly be a thought process. However, the larger the project or programme, the more thoughtshouldbeappliedwithmoreformalityintermsofrecordingthedecisions made and reasons why. Indeed, for a major procurement exercise, this guide could be used as the starting point for the process of developing the required contracts and an aid to seeking further detailed advice or guidance if required. We believe that you will find the following chapters a useful introduction to each of these activities and it will spur you on to further develop your under- standing and skills in these areas. Figure 1.1 The procurement guide life cycle stages Why  ‘Concept  &  Feasibility’  ? § We  are  talking  about  the  business  case. § How  much  will  this  change  ? § If  significant  /  critical  parts  are  going  to  be   outsourced,  how  can  you  not  consider  the  market   and  likely  packages  &  their  procurement  &   commercial  arrangements. Introduction prevailing environment external to the project, e.g. changes in legislation, businesscontext,politics,etc.Theconditionsofcontractputinplaceforpackages should not only accommodate change, but should also allow the employer the flexibility to influence package outcomes (e.g. to reduce the ultimate cost by the application of good project management). Simply having a good provider in place with conditions of contract which enable the management of change is unlikely to be enough to achieve optimum The cost influence curve: Prior study10 has pointed out that it is early in the project that the ability to influence the outcome in terms of cost is the greatest. Typically, during the initial weeks/months of the project, the project’s critical elements are shaped, including the involvement patterns of the project sponsor. Figure 1.4 Cost influence curve (after Rocque) Conversely the investment in the project (its cost) rises throughout the project thus the risk of there being wasted investment also increases (for example if a provider needs to be changed due to performance or other issues developing). § Shouldn’t  PMs  and   procurement  professionals   be  involved  at  an  early  stage   then  ? APM Guide to Contracts and Procurement 18 1. Develop the ‘strategic’ business case (SBC). 2. Gain support of a business case sponsor. 3. Identify and analyse stakeholders. 4. Decide which stakeholders to engage with and when. 5. Assess stakeholder views in order to: a. Develop the project brief. b. Identify and develop the high-level options and produce the options paper. c. Estimate the overall project cost in the context of the overall endeavour. 6. Assess and Select the best option(s), involving key stakeholders in the process. 7. Develop a project scope statement for the preferred option(s) including an initial budget and an overall programme plan with contingencies. 8. Refine/update the SBC, including budget, programme plan and contingencies. 9. Conduct a gateway review in order to obtain a decision on whether to proceed with the project or not, and if it is a medium or major project for organisation; (9a) involve the future project board/steering group. Figure 2.1 Process diagram for the concept and feasibility stage
  • 5. 5 A  few  comments  … Activity  5:  Development  of  the  Project  Brief. The  Project  Brief  is  a  high–level  outline  specification,  in  terms  of   capability  or  functions  and  performance  levels,  of  stakeholders’   (customers/clients)  needs  and  requirements  for  the  project  needed   to  deliver  the  agreed  Benefits.  This  would  include  the  Benefits  being   refined  where  possible  into  tangible  or  measurable  Success  Criteria. Activity  7  :  Develop  Project  Scope  Statement § What’s  in,  what’s  out  and  what’s  a  maybe  ? § High  level  boundaries  /  constraints. § High  level  project  breakdown  structure  for  costing  &  planning. § Threats  &  Opportunities 37 strategies are developed and providers are selected. 3.3 Activities The key activities of this phase are illustrated in Figure 3.2 and described in the following sections. Figure 3.2 Process diagram for the project procurement strategy stage Example  ‘Make  or  Buy’  Criteria Procuring  at  a  higher  level.  
  • 6. 6 38 if EU procurement legislation is not mandated, it is wise to demonstrate fairness in provider selection to avoid reputational damage. 3.3.2 Activity 1: Determine the high-level PaBS The PaBS is developed via an iterative process, usually starting as relatively high-level and then being refined via consultation. The initial PaBS may be formed by breaking the overall project down into an initial hierarchy by considering the terms as shown in Table 3.1, which uses a solar power station as an example. Table 3.1 Example high-level package terms for a solar power station Example for a solar power station Business benefits, resulting from the completed project Quantified increase in revenue and earnings from the completed project. Desired ROCE Success criteria, by which the project can be judged at the time of its completion CAPEX (capital expenditure) within budget; completion on or before planned date; initial OPEX (operational expenditure) within budget Enhanced capabilities that are delivered to the customer organisation(s) Total power able to be generated, efficiency in terms of converting lumens to power Deliverables that provide this capability The design; main construction works including foundations, operator facilities, access roads, solar panels; converters; high-voltage wires connecting to grid, etc. Work breakdown structure (WBS) of the goods and Services that make up each deliverable. e.g. For the foundations; holes to be dug, concrete, reinforcing bar, etc. Based  on  a  true-­‐life  story  … 45 Project procurement strategy Figure 3.3 Example package breakdown structure (PaBS) Figure 3.4 PaBS development for a wind-farm project Having gone through a number of iterations with all of the potential packages, the end result should be that every item in the project works hierarchy is in one of the packages, but in one package only, e.g. in terms of goods and services, there is a ‘hard’ boundary with no duplication or overlap between packages. This should be documented in a scope/responsibility matrix that identifies allocation of ownership for all package components. You  want  ‘hard’  boundaries  between   Packages  … APM Guide to Contracts and Procurement 46 Bear in mind that projects are undertaken over a period of time. Consequently, in packaging elements of a project together, the interactions and interdependen- cies that occur during the implementation phase need to also be considered. As a result, you may decide to package two otherwise separate, but interdependent elements together, so that the chosen provider becomes more motivated to manage the interface successfully. This strategy may reduce the risk of conflict between providers thus reducing the potential for extra management costs for the employer and for the overall project. Taking the ‘design and build’ example from construction again, another benefit it provides is time-saving; as design and build can more easily overlap if they are in the same package. This is in contrast to the traditional route where design should be finished before the build package is tendered and let. If it is the employer organisation that will manage these boundaries, then for each package, these interdependencies and interactions must be identified, along with the necessary management steps to ensure smooth delivery. It is worth considering what the provider’s tactics may be at these scope boundaries, in order to devise control measures and strategies to prevent such risks occurring. Where less is known, then the provider may charge a premium to manage these risks. Don’t think that all risks can be passed to a provider – many are not necessarily better placed to manage the risks than the employer – but you end up paying them for it. Figure 3.5 illustrates the ‘hard’ and ‘soft’ boundaries for goods and services that require definition and management. Figure 3.5 The ‘hard’ and ‘soft’ boundaries for goods and services
  • 7. 7 Figure  3.8:  Diagram  correlating  Nature  of  Relationship  with  Type  of  Package 53 4 Package contracting strategy 4.0 Overview This stage develops the contracting strategy for each individual package to be procured. During the stage, decisions are made on the main elements of the strategy for the providers of each of the packages. The strategy should include: n The basis for how the provider is paid. n The payment schedule (defining the cash flow). n To whom risk is allocated and hence how it will be managed (allocated, contained and mitigated). n Howthepartiesaremotivated,whetherpositivelythroughbonusesanduseof remedies in case of default. n Choice of the contract terms, which may be based on a ‘best fit’ standard form of contract, or whether an in-house or custom form should be used. The output from the stage will be a briefing document that will be used to instruct the drafting team for the contract terms and requirement (see Chapter 5). Package contracting strategy 4.4.1 Activity 1: Information gathering This stage is predominantly about gathering more detailed information regarding the package and the likely participants within it. This information is equally valuable for consideration in Stage 5 when selecting the provider. Information can be gathered under three inter-related main headings as below: 1.The participants’ drivers and constraints: The employer needs to be Figure 4.1 Process diagram for the package contract strategy stage What  Sort  of  Contracting  Strategy  ? Input-­based Arrangements Trans-­ Short                    Medium                            Long                          Permanent actional                     1  year                                            2  years                              5  years              10  years              25  years Complexity  / Degree  of  UncertaintyLow High Joint Venture                                               Companies TIMESCALE Fixed  price  contracts -­ activity  schedule            -­ lump  sums -­ milestone  payments BOOT  /  DBFO   (Build,  Own,   Operate,  Transfer  /   Design,  Build   Finance,  Operate)   Arrangements Strategic  Outsourcing Project  Alliances Management  Contracting Cost  reimbursable Bill  of  Quantities Target  cost  contract Frameworks Price Based  arrangements Schedule  of  Rates
  • 8. 8 101 Prepare the contract terms and requirements packagescopeanditsinteractionsandinterdependencieswithothers.Otherwise, we have seen, for instance, they may well enthusiastically develop a fully defined requirement, in terms of goods and services specified when actually the contract requires a performance specification. Failure to have this initial under- standing can result in significant wasted professional time being expended, which not only costs in fees, but delays the overall project. Make sure that the responsibility for design and specification rests where it best suits the employer’s requirements. Contract forms or procurement routes can sometimes be inadvert- ently selected. In addition, unless there are sound commercial reasons not to, it is suggested that drafters are also briefed on the business case and the procurement management plan as well as having access to the relevant documents. This is to ensure that they understand the ‘big picture’ of the project, how their part fits into it and have a full understanding of the inter-dependencies of their contract package across the project. The drafters should also be given a list of the names and contact details for those parties with whom they are expected to liaise to obtain answers to questions arising for the detail. This may be an extensive list where the contract is complex or international. Figure 5.1 Process diagram for the prepare contract terms and requirements stage Drafting  Philosophy § The  importance  of  briefing,  so  that  reality  is  in   accordance  with  desired  strategies. § Transaction  based  contracts  for  commodities  vs.   Relationship  based  contracts  for  projects  (where  things   do  go  wrong)  leads  onto  ...  ... § Contract  administration  vs.  contract  management. § Use  standard  forms  where  possible  and  limit   amendments  to  those  that  are  needed. § Control  the  lawyers  !  Control  the  tech  specialists  ! What  should  a  contract  cover  ? § Governance,  especially  in  Partnering   Style  arrangements § Definitions § Design  development  and   implementation § Types  of  liability  :  reasonable  skill  and  care   (services);  fitness  for  purpose;  tort. § Existing  State  /  Starting  Point § The  Deliverable § Each  parties  Rights  &  Obligations  during   delivery § Constraints  during  Delivery § Subcontracting § Testing  &  Commissioning § Correction  of  defects  after  completion § Time,  inc  Final  Certificate § Payment  :  Certification  :  when,  by  what   criteria  (foreign  currencies)  and  by  whom.   Interest  payments  for  late  payment. § Approvals  /  Instructions  etc.  on  behalf  of   Employer § Risk  Allocation  /  Management  of  Change   :  the  need,  risk  allocation,  calculation  of  time   and  cost. § Title  &  ownership  rights,  inc  IPR § Insurance  :  what  each  party  should  hold,   indemnity. § Termination  /  Exit  procedures § Dispute  Resolution  :  options  &  sequence   (dispute  resolution  board,  adjudication;   mediation;  arbitration  or  litigation). § International  Factors  e.g.  multiple   currencies,  shipping..
  • 9. 9 113 6 Select provider and award the contract 6.0 Overview In this stage, the ‘best value’ available provider(s) for the individual contracted- out project packages are selected and the contract awarded to them. This stage is particularly key, as once the contract(s) are placed, the legally binding commit- ments will have been made and external costs will start accruing. During this stage, a more detailed view is taken of what criteria are used to shortlist and select the potential provider(s) given what they will be asked to deliver in the contract, including risks allocated to them and other factors such as market conditions. The stage includes: n Definition of the selection criteria, which may include factors such as track record, price and experience of personnel. n The process that needs to be implemented based on the overall timescales of the project or programme. 123 n Members from the project board or steering group. n Those team members who are going to work with the provider (they could also be in the team who will do the administration and scoring). n A representative of the ultimate user. Figure 6.1 Process diagram for the provider selection stage Types  of  Selection  Criteria § Past  Performance  :  for  you  &  /  or  others § Price  *  /  Cost  factors  * § The  End  Deliverable  :  Provider’s  Proposals* vs.  what  you  asked  for § Means  of  Delivery  *  :      Hard    &  Soft  factors Internal  vs.  External § Capability  :  Organisationally  &/or  of  Individuals  * § Culture  : Generally  &/or  Compatibility Organisationally  &/or  Individually VfM *  Contractual  status  must  be  decided. Table 6.1 Characteristics of differing procurement methodologies Type Characteristics When to use (See also section 3.3.6 for consideration of the type of supplier relationship) Equivalent EU procedure (2016 guidance)55 Open market (any organisation can respond) Advertised to the world. Large number of bidders Selection on lowest price For example, e-Auctions. When there is an exacting or precise specification, normally for goods, and a sufficient number of providers who can supply it (i.e. commodity type goods). The Open Procedure Limited competition (two stage) When the employer has significant knowledge of the market place and past experience of individual providers (i.e. where an initial selection can be done based on experience). Initial stage using a PQQ, or only a short list invited to tender. The final selection is typically done on best value criteria (a combination of price and other factors). When there is a large number of providers who could potentially meet the unique requirement, some filtering for the best ones is needed prior to a detailed bid. For the final bid, the employer can define what it is they want to a level of detail that ensures they will get it and the constraints that the bidder must adhere to, yet both of these give the bidder some leeway to innovate to give a ‘best value’ bid, howsoever that is defined. The Restricted Procedure Note that there has to be a two-stage competition to be compliant. For ‘best value’ read ‘most economically advantageous tender’ (MEAT). Ongoing discussion, then negotiation with a limited number of providers Employer cannot define exactly what they want and/or how it is to be delivered. They use the market place to help them define this and, in doing so, the market better understands the requirement. High value adding requirements with a large risk – both opportunity and threat – element in it. The Competitive Dialogue and Competitive Dialogue with Negotiation Procedures A three-stage process of pre- qualification; invitation to participate in the dialogue; and invitation to tender (best and final offer). Single source Where the solution is very specific to a known source. Request for submission of alternative ideas by providers. Negotiation with new providers or single source. When time or quality is paramount. Ideally, there is an ongoing commercial relationship which prevents the employer from being taken advantage of when pricing. The Innovative Partnership Procedure 55 Based on the UK Government Guide (UK Crown Commercial Service, 2016).
  • 10. 10 APM Guide to Contracts and Procurement 144 It is almost inevitable that some more detailed delivery planning will need to be conducted to firm-up the detail of what the provider(s) need to supply and how it will integrate with the rest of the solution; including the employer’s work packages and those of any other providers. The planning/definition stage is therefore included following Initiation, its depth depending on the level of planning already conducted during provider selection. The follow-on implementation stage may include design and build sections, culminating in the final delivery of the solution preceding the contract closure, handover, operation and support stage (see Chapter 8). For goods, the delivery of the requirement may be at a point in time. For works, such as the construction of an asset, delivery happens over a period of time. Several parallel management activity streams need to be carried-out during Implementation: n Work package execution (whether internal or contracted): The work must be undertaken in an ordered sequence to take account of the dependencies across the delivery teams. This often is carried out in a cyclic fashion to allow for integration of the work package outputs to take place to build up the solution. n Risk management:Risksmayemerge,becomeissuesorberetiredthroughout implementation and need to be constantly managed to minimise impacts. Figure 7.2 Manage and deliver the contract process Initiating  the  contract APM Guide to Contracts and Procurement 146 desirable that people from all parties need to get to know each other (ideally during the negotiation phase but certainly at the inaugural meeting). Responsibilities within the respective organisations should be defined so that ownership is clear. Stakeholders (all management staff including their names, seniority, responsibilities and reporting line – organisational chart) within each of the parties should be identified in order for the employer’s project manager to develop a stakeholder management plan. Key roles are typically: For the employer Project manager: Oversees and has responsibility for the project delivery. Has ultimate responsibility for the performance of the project and providers. Contract manager (if not the project manager): A person nominated to manage the provider, undertaking day-to-day communications and reporting progress and issues to the project manager. Commercial/purchasing managers: Persons responsible for the contract and the drafting of any change orders. Technicalauthority(TA):Theseniorpersonresponsibleforthetechnicalsolution. Figure 7.3 Initiation stages 151 Manage and deliver the contract 7.3.3 Activity 3: Implementation In Figure 7.2 we depict an ‘implementation cycle’: ‘Design, Build, Deliver, Integrate, Accept’. This is because the implementation; involving one or more providers as well as the activities of the employer’s internal team is often cyclic in nature with individual packages being delivered throughout. Significant risk is introduced due to the need to integrate the works together, which may involve interdependencies between multiple contracted providers. Such interdepend- encies, which may be realised well into the overall project, are often cited as the most frequent cause of issues developing that can significantly impact time, cost and quality if not accounted for (see Appendix A). The implementation cycle is affected by: n The impact of realised risks and the resulting negotiations between parties to resolve the impact ownership (covered by the risk management activity – see section 7.3.4). n The advent of necessary contract changes (covered by the change control process – see section 7.3.5). Changes may result from risk realisation, or from changes to the overall requirement. During implementation, a good management technique for the employer’s project manager to use is the Deming circle60 (see Figure 7.4). 60 Deming, E.D. Out of the Crisis (Deming, 1986). Figure 7.4 Deming circle …  and  then  improving the  operation  of  it. Contract  Administration  v.  Management Contract  administration Contract  Management ‘Impartial’  administration  based    on  : • ‘reasonable’  ,  not  an  extreme   interpretation  of  contract, • information  submitted  by  Provider  &   readily  accessible  to  administrator; • professional  judgement  =  experience. Project  Management  of  contract :  making   decisions  in  best  interests  of  the  Client. Applies  to  : • Payment • Acceptance  of  deliverables • Assessment  of  Change • Other  residual  matters Have  to  : • be  able  to  project  manage; • know  client’s  objectives  and  priorities; • have  information  to  make  informed   decisions; • a  contract  which allows  you  to  make   project  management  decisions; • be  empowered  by  the  client. 165 Contract closure, handover, operation and support n contract closure (see section 8.5); n handover (see section 8.6); and n ongoing operations, maintenance and support (see section 8.7). These activities follow-on from the decision to close the contract (see section 7.3.7). The ‘contract closure’ and the ‘handover’ stages may be conducted in parallel; feeding into the preparation for the ‘operation and support’ activities. 8.4 Activity 1: Assign resources The resources that you need to achieve the right conditions to close a contract and to achieve handover are likely to be different from those during delivery; for example increased financial activity may be required. It is beneficial to estimate as soon as practicable the resources that will be required and what must be in place to support the collation of the information needed for efficient use of those resources. Similarly, if it is known during the manage and deliver the contract stage (see Chapter 7) what financial information is going to be required to close the contract, including its format, then this allows gathering of the Figure 8.1 Contract closure, handover, operation and support process
  • 11. 11 Key  points  summary § The  earlier  you  get  involved  in  procurement,   the  more  influence  you  have  over  the  cards   you  are  dealt; § Project  manage  the  pre-­‐contract   procurement  phase,  inc.  your  consultants; § RTFC  and  develop  a  project  organisation  that   is  fit  for  purpose; § Administrate  and  Manage  the  contract  and   don’t  confuse  the  two. Contact  details  : 07970  428  929 jon@leadingedgeprojects.co.uk www.jonbroome.com