Procurement Management

Reference Material to study:

• A Guide to the Project Management Body of Knowledge, Chapter 12 (1996 edition)
• Principles of Project Management, John Adams, pgs. 213-280
• The New Project Management, Frame, J. Davidson, Chapter 10
• PMP Challenge!, ESI International, Procurement Management Section
• PMBOK Q&A, PMI, Procurement
  

What to Study?

• The PMBOK phases of Project Procurement Management: Procurement Planning, Solicitation Planning, Solicitation, Source Selection, Contract Administration, and Contract Close-Out

(Be familiar with Inputs, Tools and Techniques, and Outputs for each phase)

• VERY IMPORTANT: Understand the viewpoint of the PMBOK. Project Procurement Management is discussed from the perspective of the buyer in the buyer-seller relationship. The buyer is the organization seeking the service or product. The seller is the provider of the service or contract and is referred to as the vendor, the supplier, or the contractor. Project Management should be done by both the buyer and the seller.
  
• Understand the definitions and terms. (buyer, seller, express and implied warranties, "fitness for a particular use", invitation to bid, request for proposal, etc.)
  
• Understand the viewpoint of the reading material. Is procurement management discussed from the viewpoint of the buyer (the organization or person seeking to outsource) or the seller (the person or organization selling their services/products)?
  
• Understand the different types of contracts: fixed price, cost plus percentage, cost plus fixed fee, cost plus incentive fee, and fixed price plus incentive fee. Know who assumes the most risk (buyer or seller) in each type of contract. Study examples of each type of contract so that you are comfortable with the different types and can adequately distinguish between each type of contract (especially the various shades of cost plus contracts!).
  
• Know the elements of a legally enforceable contract: Mutual assent, consideration must be provided to both parties (sufficient cause to contract), signing parties must have legal right to contract, the contract must have a legal purpose, and the contract must not violate public policy.
  
• Ignore contracting process in the "Negotiating and Contracting for Project Management" chapter of Principles of Project Management. Study PMBOK processes instead.
  
• Be familiar with the reasons for contracting and subcontracting and the risks associated with procurement.

Key Definitions

Back Charge: Cost of corrective action by purchaser and chargeable to the supplier under terms of the contract.

Bid Protest: allows an unsuccessful supplier an opportunity to protest the award of a government contract to another supplier.

Bill of Lading: A receipt issued by a carrier for merchandise to be delivered to a party at some destination.

Constructive change: occurs when the PM's conduct enables performance differing from that prescribed by the contract. The PM's conduct in effecting constructive change may either be affirmitive or a failure to act. Not part of change control of contract: For instance, if final product performs better than standard specified in contract, or if the PM increases the quality over and beyond what's stated in the contract.

Contract: a legal document of purchase or sale which is binding on both parties.

When entering into a contract, the people involved must have legal capacity to do so. (the definition of legal capacity varies from state to state). Consideration must be provided to both parties (in other words, there must be sufficient cause to contract). There must be mutual assent.

Invitation for Bid (IFB): PMBOK equates this with Request for Proposal and recognizes that it may have a more specific meaning in certain application areas. (appropriate for high dollar, standard items.)

Lowball: In order to get an award, a contractor may submit at bid that's unrealistically low.

Pink Team Review: A seller responds to an RFP by developing a proposal. For sanity purposes, the proposal is passed through the pink team once the outline is completed. The pink team looks at the outline through the perspective of the buyer. The purpose of the team is to catch problems with the proposal in the early stages.

Price Forecast: based on information gathered and analyzed about demand and supply. This forecast provides a prediction of short and long term prices and the underlying reasons for those trends.

Red Team Review: Once the proposal is in draft form, it passes through a red team which again looks at the proposal through the buyer's perspective.

Reformation: A judicial remedy by which a court interprets the contract so as to express the real intention of the parties (this is different from changes to the contract)

Request for Proposal (RFP): A type of bid document used to solicit proposals from prospective sellers of products or services. In some application areas, it may have a more specific meaning. (appropriate for high dollar, non-standard items).

Request for Quotation (RFQ): PMBOK does not distinguish between RFQ and RFP. However, PMBOK does recognize that some application areas have a more specific meaning for RFQ (appropriate for low dollar items such as supplies and materials).

Statement of Work (SOW): Describes the portion of the product to be contracted. In general, this is different from the product description (which tends to be more broader). Under the circumstance where the seller is producing the entire product, the distinction between SOW and the product description becomes moot. Government terms: SOW is reserved for a procurement item that is a clearly specified product or service, and Statement of Requirements (SOR) is used for procuring an item that is presented as a problem to be solved.

Project Procurement Management

Procurement Planning:

• Process of identifying which project needs can be best met by procuring products or services outside the project organization.
• Involves knowing whether to procure, how to procure, what to procure, how much to procure, and when to procure.
• Inputs include:
  • Scope statement
  • Product description
  • Procurement resources
  • Market conditions
  • Other planning outputs
  • Constraints
  • Assumptions
• Methods include: make-or-buy analysis, expert judgment, and contract type selection (fixed, cost reimbursable, etc.).
• Outputs include: Procurement management plan and statement of work (SOW) for each planned contract.

Solicitation Planning:

• Process of preparing documents needed to support solicitation.
• Inputs include: procurement management plan, SOW's, and other planning outputs.
• Methods include: standard forms and expert judgment.
• Outputs include:
  • Procurement documents such as IFB's, RFQ's, and RFP's.
  • Evaluation criteria: the criteria that will be used to rate or score proposals. The criteria may be subjective or objective.
  • Statement of work updates.

Solicitation:

• The process of obtaining information (bids and proposals) from prospective sellers on how project needs can be met.
• Most of the actual effort in this process is expended by the prospective sellers, normally at little or no cost to the project.
• Inputs include: procurement documents and qualified seller lists.
• Methods include: bidders conferences and advertising.
• Outputs include: Proposals prepared by the sellers explaining how the seller can provide the requested product or service.

Source Selection:

• The process of receiving the bids and proposals from the sellers and applying the evaluation criteria to select a provider.
• Inputs include: proposals, evaluation criteria, and organizational policies.
• Methods include:
  • Contract negotiation.
  • Weighting system: A method for quantifying qualitative data in order to minimize personal prejudice on source selection.
  • Screening system: Involves establishing minimum requirements of performance for one or more of the evaluation criteria. For example, the seller project manager must be certified before the remainder of the proposal would be considered.
  • Independent estimates: The procuring organization may prepare its own estimates as a check on proposed pricing. These estimates are generally referred to as should cost estimates.
• Outputs include: Contract.

Contract Administration:

• The process of ensuring that the seller's performance meets contractual requirements.
• Inputs include: contract, work results, change requests, and seller invoices.
• Methods include: contract change control system, performance reporting, and payment system.
• Outputs include: correspondence, contract changes, and payment requests.

Contract Closeout:

• The process of completing and settling the contract including any resolution of open items.
• Inputs include: contract documentation.
• Methods include: procurement audits.
• Outputs include: contract file and formal acceptance and closure.

Contract Origination

Two ways in which a contract can originate: unilaterally or bilaterally

Unilaterally:

• Common form for contract is a relatively simple type of document called a purchase order.
• A purchase order is used when routine, standard cost items are needed.
• A purchase order is legally binding and should be specific.

Bilaterally:

Procurement documents are used to solicit proposals from prospective sellers. The procurement document then becomes the basis for the seller's proposal. The following are examples of procurement documents:

1. Request for quotation (RFQ) from different suppliers
   • Items are of relatively low dollar value such as supplies and materials
   • A survey of potential suppliers is completed.
   • The quotation request informing suppliers of the goods or services needed is sent to a scaled-down number of possible suppliers.
     
2. Request for proposal (RFP):
   • Items or services are usually high dollar and non-standard.
   • Examples: construction project, a research and development project; a made-to-order, highly complex piece of machinery.
   • Blueprints, drawings, specifications, and other appropriate data should be included with proposal.
     
3. Invitation for bid (IFB):
   • Appropriate for high dollar, standard items.
   • A prequisite to this process is a clear and accurate description of the supplies, equipment, and services required.
   • Includes specifications, drawings, industry standards, performance requirements, etc.
   • Must ensure fair competition among all bidders.
   • Provisions should be stated in such a manner to avoid misinterpretation.
   • Formal bids are submitted to the contracting department in sealed envelopes. All bids are opened at a specific time.
   • In most cases, the contract award goes to the lowest responsible bidder. If not awarded to the lowest bidder, must document reasons, carefully.
   • Type of contract is open to fraud, collusion, and other dishonest conduct. Hence, PM and contracting personnel must practice defined ethical business procedures.

Contract Types

Two principal types of contracts: cost and fixed

Unit Price:

• Simple purchase order
• Fixed price per unit of goods or service

Cost-Plus-Award-Fee (CPAF): (from the Frame Book)

• An award pool is created. The level of award is determined by an award committee.
• Buyers have more flexibility than CPIF. Subjective judgements can be used to determine rewards (such as a contractor's attitude).
• Type of contract is gaining with popularity.
• Downside: administrative cost is high due to award committee.

The following contracts are ordered in increasing risk to the seller and decreasing risk to the buyer:

Cost-Plus-Percentage of Cost (CPPC):

• Seller is reimbursed for allowable costs of performing the contract and receives as profit an agreed upon percentage of the costs.
• No limit on the seller's profit. If the seller's cost increases, so does the profit.
• Most undesirable type of contract from buyer's standpoint.
• Prohibited for federal government use. Used in private industry, particulary construction projects.
• Susceptible to abuse. No motivation for seller to decrease costs.
• The buyer bears 100% of the risk.
• The buyer project manager must pay particular attention to the control of the labor and material costs so that the seller does not purposely increase these costs.
• Bottom line: no limit on seller's profit!

Cost-Plus-Fixed Fee (CPFF):

• Seller is reimbursed for allowable costs of performing the contract and receives as profit a fixed fee payment based on the percentage of the estimated costs.
• The fixed fee does not vary with actual costs unless the scope of work changes.
• Susceptible to abuse in that there is a ceiling on profit, but no motivation to decrease costs.
• Primarily used in research projects where the effort required to achieve success is uncertain until well after the contract is signed.
• Bottom line: limit on profit but no incentive to control costs.
  

Cost-Plus-Incentive Fee (CPIF):

• Seller is paid for allowable performance costs along with a predetermined fee and an incentive bonus.
• If the final costs are less than the expected costs, both the buyer and seller benefit by the cost savings based on a pre-negotiated sharing formula.
• The sharing formula reflects the degree of uncertainty faced by each party.
• Primarily used when contracts involve a long performance period with a substantial amount of hardware development and test requirements.
• Risk is shared by both buyer and seller.
• Bottom line: provides incentive to seller to reduce costs by increasing profit potential.

Fixed Price-Plus-Incentive Fee (FPI):

• Most complex type of contract.
• Consists of target cost, target profit, target price, ceiling price, and share ratio.
• For every dollar the seller can reduce costs below the target cost, the savings will be shared by the seller and buyer based on the share ratio.
• The share ratio is a negotiated formula which reflects the degree of uncertainty faced by each party.
• If the costs exceed the ceiling price, the seller receives no profit. Regardless of the actual costs, the buyer pays no more than the ceiling price.
• Risk is shared by both buyer and seller, but risk is usually higher for seller.
• Usually used when contracts are for a substantial sum and involve a long production time.
• Bottom line: provides incentive to decrease costs which in turn increases profits. If costs exceed a ceiling, then contractor is penalized.

Firm-Fixed Price (FFP):

• Seller agrees to perform a service or furnish supplies at the established contract price.
• Will also be called lump sum.
• Seller bears the greatest degree of risk.
• Seller is motivated to decrease costs by producing efficiently.
• Best specifications are available and costs are relatively certain.
• Common type of contract. (Used by IBM)

Examples of Contract Types

FFP: (Lump Sum)

Contract Execution

Special Considerations

Changes:

• The change control system should be defined and included in the changes clause of the project.
• The system should cover who initiates a change request, how is it processed and funded and who has the final approval authority.
• For major projects, a configuration control committee should be established
• The change proposal must be explicit in terms of the impact of the change on the contract work statement, specifications and drawings.
• Legal: there must be mutual agreement to modify a contract and that agreement must be supported by consideration (change clause is important!) OR
• Change may also be accomplished by unilateral action if pursuant to the exercise of options contained in the terms of the original contract.
  

Specifications:

• Either standard in nature where a specific design has been accepted throughout the industry or tailored and unique to the situation at hand.
• There is a behavioral component associated with the development of specifications: These include:
  • Drive for competency: The person keeps changing the design which results in increasing complexity and cost. (cannot come to a closure)
  • Safety margin coefficient: related to design parameters in terms of how much is enough. At some point, costs increase exponentially, but safety gains do not.
  • Indifference methodology: related to an attitude that promotes a contingency approach to specifications even when not warranted. (Design is too flexible -- the engineer or architect is "indifferent" to the final structure of the product)
  • Monument syndrome: based on the desire to build a product that will last forever regardless of the cost. (i.e., the pyramids)
  • Budget expansion: the designer develops the specifications with an eye to the available funds. The more money available, the more complex and costly the design.
  • Sole-source shelter: specifications are developed so that equipment, materials and supplies are tailored to require the products of a specific manufacturer or supplier.
• Careful review during the drafting stage of the contract is of extreme importance! Correcting problems after the contract is signed may rarely be done without costly negotiation or litigation.

Contract Execution

Special Considerations, cont.

Quality Control:

• Quality cannot be inspected into the product -- it must be built into it.
• The attitude of quality must be present when the product is designed.
• Controls must be established to ensure quality is kept in mind as work progresses.
• Periodic checks for specification conformance are a must.
• Cost of rework can be high -- the emphasis should be on doing it right the first time.
• Defects can be costly and damaging to the reputation of the company and the project manager and the project team.

Warranties:

• The concept of warranty is based on one party's assurance to the other that the goods will meet certain standards of quality, including condition, reliability, description, function or performance.
  • Express warranty: applies when service or product does not meet the level of quality specified in the contract. (Section 2-313(1)(a) of the Uniform Commercial Code)
  • Implied warranty: is measured by "merchantability" or "fitness for a particular use".
    • The implied warranty of merchantability arises in every sale of goods made by a merchant who deals in goods of the kind sold. It means the goods must be reasonably fit for the ordinary purposes for which such goods are used. (appies to goods which can be resold)
    • The implied warranty of fitness for a particular use applies to both merchants and non-merchants, alike. The warranty is implied, if at time of contracting, the seller knows a particular purpose for which the item is being purchased, and the seller also knows the buyer is relying on the seller's judgement in selecting or furnishing suitable goods. The implied warranty is NOT applicable in the following cases:
      1. The client PM is knowledgeable of the product, has inspected it, and made his own independent judgement without relying on the seller's skill.
      2. The product meets the specifications and plans furnished by the client project manager.
         

Analogy: If you buy a lawnmower, you would expect it to cut grass. If you use it on the carpet, the warranty doesn't apply.

Contract Execution

Special Considerations, cont.

Waiver:

• The client PM must be continually aware of the waiver pitfall.
• Under the doctrine of a waiver, a party may relinguish rights he otherwise has under the contract.
• If the client PM knowingly accepts incomplete, defective or late performance and accepts that performance without objection, the PM has waived his right to strict performance.

Bonds:

• Bonds contain penal amounts sufficient to assure performance and payment. When appropriate, bonds are drafted into the contract.
• Types of bonds:
  • Performance: secures the performance and fulfillment of all the undertakings, terms and conditions of the contract. (The penal amount could be as much as 100% of the contract price such as in construction projects)
  • Payment: secures the payment of subcontractors, laborers, and materialmen by the prime contractor. Additionally, the PM may want to include a contract clause requiring the prime contractor to secure payment bonds from any subcontractor on the project for the subcontractor's suppliers of labor and material.
  • Under certain circumstances, fidelity and patent infringement bonds may be required.
• The Miller Act requires both performance and payment bonds on all but minor construction projects in which the U.S. government is a party to the contract.

Breaches:

• Breach of contract: failure to perform a contractual obligation.
• The measure of the damages for a breach is the amount of loss the injured party has sustained.
• Materials breach of contract: The non-faulted party is discharged from any furthur obligations under the contract. The breach is so serious that it also deprives the non-faulting party the expected benefits of the bargain.
• Time: Should no time for performance be stated or implied in the contract, the performance must be completed within a reasonable amount of time. However, if time is critical, the contract should explicitly state "time is of the essence".
• Time is of the essence: when explicitly stated within the contract, failure to perform within the alloted time will contstitue a materials breach of contract and the buyer will not be required to accept late performance.

Negotiation

Stages of Negotiation:

1. Protocol: Introductions are made, and the negotiators get to know each other. The atmosphere for the rest of the negotiations is determined in this stage.
2. Probing: The negotiators begin the search process. Each party identifies issues of concern. Strengths and weaknesses are identified and possible areas of interest.
3. Scratch Bargaining: This is the essence of the meeting. Actual bargaining occurs and concessions are made. Points of concession are identified.
4. Closure: The two positions are summed up and final concessions are reached. The agreements are summarized and documented.
5. Agreement: The main difficulty in this stage is ensuring both parties have an identical understanding of the agreements. This stage should establish the plans for recording the agreements in a written contract.

Negotiation Tactics:

The PM should be aware of the following negotioation tactics.

• Imposing a deadline for reaching an agreement
  • A powerful tactic because it implies a possible loss to both parties
  • Other party does not have to accept deadline, but often does
• Surprise -- One party springs information such as a price change on the other party
• Stalling
  • One party may claim that an agreement cannot be finalized because he has limited authority and cannot commit the company's resources.
  • A party may claim that the person with final authority is absent. The "missing man" technique may also be used when the party does not have the information asked for by the other party.
• Fair and reasonable
  • Negotiator may claim the price for a computer is equitable because that is what another company is paying.
• Delays
  • Useful when tempers are beginning to flare, a team member is going astray, to divert from a subject, etc.
  • Examples of delays: arrival of refreshments, request for recess, etc.
• Reasoning together
• Confusing the other party: deliberately distorting issues and figures. (If this is done, someone should speak up before agreeing to anything)
• Withdrawal
  • Sometimes done to divert attention from an area of weakness
  • One party may make an attack upon an issue, then retreat.
• Make the other party appear unreasonable by pointing out all the concessions made by the party
• Arbitrition - a third party may be brought in when agreement cannot be reached.
• Fait accompli - a party may claim that what is being asked for has already been accomplished and cannot be changed.

Sample Questions

1. A unilateral contract under which the seller is paid a preset amount per unit of service is called:

1. A cost reimbursable contract
2. A lump sum contract
3. A unit price contract
4. A fixed price contract
5. b or d

2. Which of the following is considered during the Procurement Planning Process?

1. Whether to procure
2. How to procure and how much to procure
3. What and when to procure
4. b and c
5. all of the above

3. From a buyer's standpoint, which of the following is true?

1. Procurement planning should include consideration of potential subcontracts
2. Procurement planning does not include consideration of potential subcontracts since this is the duty of the contractor.
3. Subcontractors are first considered during the Solicitation Process
4. none of the above

4. Which of the following processes involves obtaining information (bids and proposals) from prospective sellers?

1. Procurement Planning
2. Source Selection
3. Contract Administration
4. Solicitation
5. Solicitation Planning

5. Which of the following is true about procurement documents?

1. Procurement documents are used to solicit proposals from prospective sellers.
2. Invitation for Bid and Request for Proposal are two examples of procurement documents.
3. Procurement documents should be structured to facilitate accurate and complete responses from prospective sellers.
4. b and c
5. all of the above

6. Which of the following is a method for quantifying qualitative data in order to minimize the effect of personal prejudice on source selection?

1. Weighting system
2. Screening system
3. Selecting system
4. none of the above
5. all of the above

7. Which of the following is true concerning evaluation criteria?

1. Can often be found in procurement documents
2. Can be objective or subjective
3. Used to rate or score proposals
4. May be limited to purchase price if procurement item is readily available from number of sources
5. all of the above

8. Which of the following are inputs to the Source Selection Process?

1. Evaluation criteria
2. Organizational policies
3. Procurement documents
4. a and b
5. all of the above

9. A significant difference between independent estimates and proposed pricing could mean that:

1. The independent estimates are most likely incorrect and the proposed pricing correct
2. The SOW was not adequate
3. The prospective seller either misunderstood or failed to respond fully to the SOW.
4. b or c
5. a or c

10. Which of the following are examples of indirect costs?

1. Salaries of corporate executives
2. Salaries of full-time project staff
3. Overhead costs
4. a and b
5. a and c

11. Which of the following contract types places the greatest risk on the seller?

1. Cost-plus-fixed-fee contract
2. Cost plus-incentive-fee contract
3. Fixed-price-incentive contract
4. Firm-fixed-price contract

12. In which of the following contract types is the seller's profit limited?

1. Cost-plus-percentage-cost contract
2. Cost-plus-fixed-fee contract
3. Fixed-price-plus-incentive
4. b and c
5. none of the above

13. A cost-plus-percentage-cost (CPPC) contract has an estimated cost of $120,000 with an agreed profit of 10% of the costs. The actual cost of the project is $130,000.
What is the total reimbursement to the seller?

1. $143,000
2. $142,000
3. $140,000
4. $132,000

14. A cost-plus-incentive-fee (CPIF) contract has an estimated cost of $150,000 with a predetermined fee of $15,000 and a share ratio of 80/20. The actual costs of the project is $130,000. How much profit does the seller make?

1. $31,000
2. $19,000
3. $15,000
4. none of the above

15. A fixed-price-plus-incentive-fee (FPI) contract has a target cost of $130,000, a target profit of $15,000, a target price of $145,000, a ceiling price of $160,000, and a share ratio of 80/20. The actual cost of the project was $150,000. How much profit does the seller make?

1. $10,000
2. $15,000
3. $0
4. $5,000

16. Under what circumstances is it better for a contractor to subcontract?

1. The subcontractor possesses special technical and engineering skills that the contractor does not have.
2. The work to be subcontracted represents almost all of the overall work effort.
3. The subcontractor can perform the work at a lower cost than the contractor.
4. all the above
5. a and c

17. Which type of bilateral contract is used for high dollar, standard items?

1. Purchase order
2. Request for proposal (RFP)
3. Invitation for bid (IFB)
4. Request for quotation (RFQ)
5. all of them are appropriate

18. Which of the following are characteristics of a purchase order?

1. A bilateral contract used for low dollar items
2. A unilateral contract used when routine, standard cost items are required.
3. A bilateral contract used for high dollar, standard items
4. a and c

19. In which stage of the negotiation meeting are points of concession identified?

1. probing
2. closure
3. agreement
4. scratch bargaining

20. Which type of warranty is enacted if a service or product does not meet the level of quality specified in the contract?

1. Implied warranty of merchantability
2. Implied warranty of specified quality
3. Express warranty
4. none of the above

Answers

1. c
2. e
3. a (particulary if buyer wishes to exercise some degree of influence or control over subcontracting decisions)
4. d
5. e
6. a
7. e
8. d (proposals is the other input. procurement documents are input into the Solicitation Process)
9. d
10. e
11. d
12. d
13. a
14. b
15. a is implied
16. e
17. c
18. b
19. d
20. c