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Project Procurement Management PMP Study Group Procurement Management PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0
Project Procurement Management Definition Engaging in the systematic “processes necessary to purchase or acquire products, services, or results needed from outside the project team” PMBo. K® Guide, 4 th Edition, p. 313 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 2
Project Procurement Management Processes 12. 1 Plan Procurements 12. 2 Conduct Procurements 12. 3 Administer Procurements 12. 4 Close Procurements PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 3
Project Procurement Management Guiding Principals - Contracts are formal and legally binding between a buyer and seller Contracts can be simple or complex All requirements (product, project, etc. ) should be specifically spelled out in the contract If included in the contract, it must be done If not in the contract, does not have to be done Formal change is the only way to add or remove items from the contract Changes must be in writing Contracts should reduce project risk Most contracts are backed by the government which provides a court process for dispute resolution PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 4
Project Procurement Management PM’s Role in Procurement Know the procurement process; seek support early from specialists in contracting, purchasing, law, and technical disciplines. Involvement should begin at the start of the procurement process Understand contract terms and conditions Ensure the contract contains all project management requirements and scope for the product or services being procured. Identify risks and incorporate ways to avoid, mitigate, transfer to seller, or share the potential risk within the contract. Fit the schedule for completion of the procurement process into the schedule for the project Be engaged during contract negotiation to establish a relationships with the seller. Manage the entire project, not just the contract statement of work Work with the contract or procurement manager to manage contract change control PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 5
Project Procurement Management Exercise 1 - Background You are the Project Manager for a new, very visible, and big income producer project. In your preliminary analysis, you find out the following: Ø This project will have multiple interfaces to various systems and hardware for internal and external customers. Ø This project is a discretionary project and you will need some help from a team of specialists within your organization. Ø In your meeting with the manager of the specialists, you find out that they have a non-discretionary project that is number one on their list of priorities. This other project was dictated to the financial organization by the Federal Reserve Bank. Non-compliance with this other project places the firm under severe penalties. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 6
Project Procurement Management Exercise 1 – Background (cont’d) In the meeting, the head of the support group told you the following: They currently have a 10 person staff Approximately 200 hours a week (work effort) for the Federal Reserve Bank Project. The Federal Reserve Bank project must be completed in four months. Their staff is working approximately 100 hours a week on maintenance. Maintenance of current systems takes priority over everything. The number of hours available will vary from week to week The head of the support group says, “…off the top of my head, and the limited information you have, similar types of projects have taken approximately 1000 hours to complete”. You were assured that when they were not working on the Federal Reserve Bank project or maintenance you will have first priority PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 7
Project Procurement Management Exercise 1 – Background (cont’d) 1. Is it better to have the in-house people do it or send it outside? 2. If you decide to seek a contract from a outside vendor, what items do you want to place in this contract? PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 8
Project Procurement Management Plan Procurements Process Project Management Process Groups Knowledge Area Initiating 12. Project Procurement Management Planning 12. 1 Plan Procurements Executing 12. 2 Conduct Procurements PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 Monitoring & Controlling 12. 3 Administer Procurements Closing 12. 4 Close Procurements 9
Project Procurement Management 12. 1 Plan Procurements Definition: “The process of documenting project purchasing decisions, specifying the approach, and identifying potential sellers. ” PMBo. K® Guide, 4 th Edition, Glossary PMBo. K® Guide, 4 th Edition, p. 317 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 10
Project Procurement Management 12. 1. 1 Plan Procurements Inputs Describes the need, justification, requirements, etc. , for the project and is inclusive of the following: – 12. 1. 1. 1 Scope Baseline – – 12. 1. 1. 2 12. 1. 1. 3 Scope Statement: contains the description of services, list of deliverables, acceptance criteria, and important information regarding technical issues that could impact cost estimating. WBS: provides the relationship among all the components of the project and deliverables. WBS Dictionary: provides detailed statements of work that provide an identification of the deliverables and a description of the work within each WBS component required to produce ach deliverable. Requirements Document Information about the project that is required during planning for procurement (project and requirements with contractual and legal implications) Teaming Agreements Legal agreements between two or more entities to form a partnership, joint venture, or other arrangement as defined by the parties. Whenever a teaming agreement is in place, the roles of the buyer and seller along with critical issues (e. g. scope of work and competition requirements) are pre-determined. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 11
Project Procurement Management 12. 1. 1 Plan Procurements Inputs (cont’d) 12. 1. 1. 4 Risk Register Includes risk-related information (identified risks, risk owners, and risk mitigation/responses). Section 11. 2. 3. 1 Risk-related 12. 1. 1. 5 Contract Decisions Include agreements related to insurance, bonding, services, and other items as appropriate that are prepared to specify each party’s responsibility. Section 11. 5. 3. 2 12. 1. 1. 6 Activity Resource Requirements 12. 1. 1. 7 Project Schedule Contain information on specific needs such as people, equipment, or location. Section 6. 3. 3. 1 Contains information on timelines or mandated deliverable dates. Section 6. 5. 3. 1 12. 1. 1. 8 Activity Cost Estimates Cost estimates which are used to evaluate the reasonableness of the bids or proposals received from potential sellers. Section 7. 2. 1. 1 12. 1. 1. 9 Cost Performance Baseline Provides detail on the planned budget over time. Section 7. 2. 3. 1 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 12
Project Procurement Management 12. 1. 1 Plan Procurements Inputs (cont’d) Factors that can influence the Plan Procurements process, such as: Enterprise 12. 1. 1. 10 Environmental Factors – conditions of the marketplace Organizational Process Assets products, services and results available from the marketplace – 12. 1. 1. 11 – from whom and under what terms and conditions Provides the existing formal and informal procurement related policies, procedures, guidelines and management systems that are considered in developing the procurement management plan and selecting the contract types to be used PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 13
Project Procurement Management 12. 1. 2 Plan Procurements Tools and Techniques Make-or-Buy 12. 1 Analysis Technique used to determine whether a particular product or service can be produced by the project team or must be purchased from outside sources. This analysis include all related costs; both direct and indirect costs. 12. 1. 2. 2 Expert Judgment Used to assess the inputs and outputs from this process. Can be used to develop or modify the criteria that will be used to evaluate the seller proposal such as legal, technical, business, and procurement management judgment. • • Cost-Reimbursable Contracts (CR) • 12. 1. 2. 3 Contract Types Fixed-Price Contracts (FP) Time and Material Contracts (T&M) PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 14
Project Procurement Management Definition of a Contract Definition: “A mutually binding agreement that obligates the seller to provide the specified product or service or result and obligates the buyer to pay for it. ” PMBo. K® Guide, 4 th Edition, Glossary PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 15
Project Procurement Management What Makes a Contract? An offer is made An offer is accepted All parties are legally allowed to sign All parties receive “consideration” (Money, property, chicken, etc. ) The contract covers a legal activity PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 16
Project Procurement Management Why Contracts? Avoid misunderstandings Define and agree upon Deliverables / Specifications Delivery Schedule Payment Schedule Verify specifications are met Avoid changing key resources - Bait and Switch Get the best deal for your organization PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 17
Project Procurement Management 12. 1. 2. 3 Plan Procurements Contract Types Involves setting a fixed total price for a defined product or service to be provided. May also incorporate financial incentives for achieving or exceeding objectives. Fixed-Price Contracts 1. Firm Fixed Price Contracts (FFP): Most commonly used type of fixed price contract where the buyer pays the seller a set amount (as defined by the contract), regardless of the seller’s costs. 2. Fixed Price Incentive Fee contracts (FPIF): Type of contract where the buyer pays the seller a set amount (as defined by the contract), and the seller can earn an additional amount if the seller meets defined performance criteria (usually achieving agreed upon metrics). 3. Fixed Price with Economic Price Adjustment Contracts (FP-EPA): Type of contract used whenever the seller’s performance period spans a considerable period of years. It contains a special provision allowing adjustments to the contract price due to changed conditions, such as inflation, cost increases (or decreases) for specific commodities. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 18
Project Procurement Management 12. 1. 2. 3 Plan Procurements Contract Types (cont’d) Involves payment to the seller for the seller’s actual costs, plus a fee typically representing seller’s profit. Often these contracts include incentive clauses where if the seller meets or exceeds the selected objectives, then the seller receives from the buyer an incentive or bonus payment. Cost. Reimbursable Contracts 1. Cost Plus fixed Fee Contracts (CPFF): Type of contract where the buyer reimburses the seller for the seller’s allowable costs plus a fixed amount of profit (fee) 2. Cost Plus Incentive Fee Contracts (CPIF): Type of contract where the buyer reimburses the seller for the seller’s allowable costs and the seller earns its profit if it meets defined performance criteria 3. Cost Plus Award Fee Contracts (CPAF): Type of contract where the seller is reimbursed for all legitimate costs, but the majority of the fee is earned based on the satisfaction of certain broad performance criteria which is defined in the contract. Fee is based on subjective determination of seller performance by the buyer and is generally not subject to appeals. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 19
Project Procurement Management 12. 1. 2. 3 Plan Procurements Contract Types (cont’d) Hybrid contractual arrangement containing aspects of both costreimbursable and fixed-price contracts. Time and Material Contracts – – Resemble cost-reimbursable contract type agreements in that they are open ended. Resemble fixed-price contracts because unit rates can be preset by the buyer and seller when both parties agree on the rates for a specific resource category PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 20
Project Procurement Management Contract Type - Buyer’s Point of View Contract Type Pro’s • • Reduce cost uncertainty • Motivates seller to complete • COSTREIMBURSABLE • Motivates seller to control costs • FIXED-PRICE Most commonly used Con’s • Allows forward movement when details are uncertain (typical for massive government design/build contracts) Typically lower cost then FP since seller does not need to compensate for as much risk • • • TIME & MATERIALS • • No lengthy contractual issues • Duration is usually brief Scope is not fully defined • PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 Statement of work and responsibilities must be clearly defined Higher costs for additional scope (extra’s) Seller may look for extras or consider items “out of scope” if losing money More work to manage Higher risk (price is known and seller has a moderate incentive to control costs) Hard to avoid front-end loading Contractor may stall; no incentive to control costs Needs careful monitoring and oversight for improper charges 21
Project Procurement Management Contract Type – Seller’s Point of View Contract Type Pro’s • FIXED-PRICE • • COSTREIMBURSABLE Work guaranteed Easier to claim extras for poorly defined work if statement of work is not clearly defined • Highest risk • Especially risky for a new products. • No guarantee of work No lengthy contractual issues • Easier to add work to contract No cost risk • TIME & MATERIALS Con’s No lengthy contractual issues • • • Easier to add work to contract No cost risk PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 • No guarantee of work or length of engagement 22
Project Procurement Management 12. 1. 3 Plan Procurements Outputs 12. 1. 3. 1 Procurement Management Plan Describes how the procurement processes will be managed from developing procurement documentation through contract closure • 12. 1. 3. 2 12. 1. 3. 3 Developed from the project scope baseline and defines only that portion of the project scope that is to be included within the contract Procurement Statement of Work • Make-or-Buy decision Documented conclusions reached regarding what products, services or results will be either acquired or will be developed by the project team. Describes the procurement item in enough detail to allow prospective sellers to determine if they can provide the product, service or results Documents used to solicit proposals from prospective sellers such as: 12. 1. 3. 4 Procurement Documents • • RFI: Request for Information IFB: Invitation for Bid RFP: Request for Proposal RFQ: Request for Quotation PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 23
Project Procurement Management Procurement Documents Request for Information (RFI) Document where the buyer requests information related to product or service from various potential sellers. Often used in in preparation or combination with a RFP, IFB, or RFQ. Invitation for Bid (IFB) Equivalent to a request for proposal however the seller with the lowest bid is usually awarded the contract provided they meet the criteria in the bid. Request for Proposal (RFP) Invitation for sellers to submit proposals on a specific product or service via a bidding process. Provides structure to the procurement decisions and allows the risks and benefits to be identified upfront. Process is lengthier then others. Request for Quotation (RFQ) Document used to request price quotes from perspective sellers for a product or service. Sometimes used in place of a RFP. Often include detailed specifications of the product or services to ensure all sellers are bidding on the same thing. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 24
Project Procurement Management 12. 1. 3 Plan Procurements Outputs (cont’d) Criteria developed to rate or score seller(s) proposals such as: – Understanding of need – Cost Technical Capability Risk Approach (Technical, Staffing, Management) Warranty Financial Capacity Production Capacity Size of organization Past Performance References – Intellectual Property and Proprietary Rights – – – Source Selection 12. 1. 1. 5 Criteria – – – 12. 1. 1. 6 Change Requested changes to the project management plans and subsidiary plans may result from the Plan Procurement process. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 25
Project Procurement Management 12. 1 Plan Procurements Data Flow Diagram PMBo. K® Guide, 4 th Edition, p. 318 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 26
Project Procurement Management Conduct Procurements Process Project Management Process Groups Knowledge Area Initiating 12. Project Procurement Management Planning 12. 1 Plan Procurements Executing 12. 2 Conduct Procurements PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 Monitoring & Controlling 12. 3 Administer Procurements Closing 12. 4 Close Procurements 27
Project Procurement Management 12. 2 Conduct Procurements Process Definition: “The process of obtaining seller responses, selecting a seller and awarding a contract. ” PMBo. K® Guide, 4 th Edition, p 328 PMBo. K® Guide, 4 th Edition, p 329 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 28
Project Procurement Management Exercise #2 1. How and where do I find the best contractor for this piece of the project? 2. How do I get the needs of the project and product across to the contractors? 3. What would be your selection criteria for vendor selection? 4. Does each item have the same weight? PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 29
Project Procurement Management 12. 2. 1 Conduct Procurements Inputs 12. 2. 1. 1 Project Management Plan A formal, approved document that defines how the project is executed, monitored, and controlled. Section 4. 2. 3. 1 12. 2. 1. 2 Procurement Documents used to solicit proposals from prospective sellers such as RFI, IFB, RFP, and RFQ. Section 12. 1. 3. 4 12. 2. 1. 3 Source Selection Criteria developed to rate or score seller(s) proposals. Section 12. 1. 3. 5 12. 2. 1. 4 Qualified Sellers List Sellers who have been previously pre-screened based on qualifications and past experience 12. 2. 1. 5 Seller Proposals Prepared in response to a procurement document package form the basic set of information that will be used by evaluation body to select one or more successful bidders. 12. 2. 1. 6 Project Documents Items that will assist in selecting the appropriate supplier; may include the Risk Register or Project Scope Documents PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 30
Project Procurement Management 12. 2. 1 Conduct Procurements Inputs 12. 2. 1. 7 12. 2. 1. 8 12. 2. 1. 9 (cont’d) Make-or-Buy Decisions Documented conclusions reached regarding what products, services or results will be either acquired or will be developed by the project team. Section 12. 1. 3. 3 Teaming Agreements Legal agreements between two or more entities to form a partnership, joint venture, or other arrangement as defined by the parties. Whenever a teaming agreement is in place, the roles of the buyer and seller along with critical issues (e. g. scope of work and competition requirements) are pre-determined. Section 12. 1. 1. 3 Organizational Process Assets May include lessons learned and historical information that can be used to assist in the Conduct Procurements process (list of prospective or previously qualified sellers, feedback on past seller experiences, etc. ) Section 12. 1. 1. 11 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 31
Project Procurement Management 12. 2. 2 Conduct Procurements Tools and Techniques 12. 2. 2. 1 Bidder Conferences Meetings with prospective sellers prior to preparation of a bid or proposal. Usually hosted by the buyer and provides an opportunity for the sellers to ask clarification or questions related to an RFP or RFQ. 12. 2 Proposal Evaluation Techniques Different techniques can be used to rate and score proposals, but all will use expert judgment and some form of evaluation criteria 12. 2. 2. 3 Independent Estimates Costs prepared by the buyer’s organization using non-biased factors or an outside firm to provide a benchmark value to evaluate received responses 12. 2. 2. 4 Expert Judgment Relies on prior experience for similar requirements to select sellers 12. 2. 2. 5 Advertising Existing lists of potential sellers can often be expanded by placing advertisements in general circulation publications 12. 2. 2. 6 Internet Search Mechanism where many commodities, components, and off-the-shelfitems can be quickly located for a fixed-price. Not recommended for highrisk or complex products or services. 12. 2. 2. 7 Procurement Negotiations Clarify the structure, requirements, and other terms of purchases to solidify a mutual agreement between the buyer and seller. These items need to be resolved prior to signing a contract. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 32
Project Procurement Management Sample: Contract Items to Negotiate Deliverables Schedule Period of Performance Pricing Payment Terms Warranty Penalties/Incentives Change Procedures PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 33
Project Procurement Management Sample: Contract Criteria Who establishes the target date? Who approves the requirements? Who is allowed to change requirements? What is procedure for making changes? How closely is progress tracked? Are there any mandatory meetings? What are the milestones? PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 34
Project Procurement Management Sample: Contract Criteria (cont’d) Who are the players? Vendors Internal Decision Makers Who’s time are you buying - “Key Person” Clause may be required (Make sure to have everything in writing!) PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 35
Project Procurement Management 12. 2. 3 Conduct Procurements Outputs 12. 2. 3. 1 Selected Sellers who have been judged to be in a competitive range based upon the outcome of the proposal or bid evaluation, and who have negotiated a draft contract, which will be the actual contract when an award is made 12. 2. 3. 2 Procurement Contract Award Mutually binding legal agreement that obligates the buyer to pay the seller 12. 2. 3. 3 Resource Calendars The availability and pool of contracted resources with dates they can be called upon to use 12. 2. 3. 4 Change Requests Changes to the project management plan and its subsidiary plans and other components, such as the project schedule and procurement management plan, may result from the Select Sellers process 12. 2. 3. 5 Project Management Plan Updates Elements of the Project Management Plan that may be updated such as: cost, scope, schedule baselines, and procurement management plan 12. 2. 3. 6 Project Document Updates Project documents that need to be updated such as: requirements document, risk register, and requirements traceability documents PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 36
Project Procurement Management Exercise #3: The Choice Potential Contractor #1 Potential Contractor #2 Potential Contractor #3 Company Started: 1982 2003 1999 Size: Large Small Medium Reputation: Good Not established Excellent On Time Performance: Good Unknown Good Expensive to very expensive Inexpensive Expensive Good Unknown Excellent PMP Often changed in the middle of the project Cost: Quality: Project Manager: Experienced PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 37
Project Procurement Management 12. 2 Conduct Procurements Data Flow Diagram PMBo. K® Guide, 4 th Edition, p. 329 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 38
Project Procurement Management Administer Procurements Process Project Management Process Groups Knowledge Area Initiating 12. Project Procurement Management Planning 12. 1 Plan Procurements Executing 12. 2 Conduct Procurements PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 Monitoring & Controlling 12. 3 Administer Procurements Closing 12. 4 Close Procurements 39
Project Procurement Management 12. 3 Administer Procurements Process Definition: “Ensures that the sellers performance meets procurement requirements and that the buyer performs according to the terms of the legal contract. ” PMBo. K® Guide, 4 th Edition, p 335 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 40
Project Procurement Management 12. 3. 1 Administer Procurements Inputs 12. 3. 1. 1 Procurement Documents Supporting documentation including contract, Statement of Work, etc. 12. 3. 1. 2 Project Management Plan A formal, approved document that defines how the project is executed, monitored, and controlled. Section 4. 2. 3. 1 & Section 12. 1. 3. 1 Contract A mutually binding agreement that obligates the seller to provide the specified product or service or result and obligates the buyer to pay for it. Section 12. 2. 3. 2 12. 3. 1. 3 Documents provided within the terms of the contract such as Seller developed technical documents and performance reports. Section 10. 5. 3 12. 3. 1. 4 Performance Reports Status Report - “standing” of project at this moment Progress Report - how much has been accomplished to date Forecast Report - predicts future status relative to progress achieved Variance Report - comparison of actual project results to planned Trend Report - review of results relative to time to determine improving or deteriorating performance Earned Value Report - integration of scope, cost, and scheduling to assess project performance (PV, AC, EV, CV, SV, CPI, SPI) PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 41
Project Procurement Management 12. 3. 1 Administer Procurements Inputs (cont’d) 12. 3. 1. 5 Approved Change Requests Documents modifications to the terms and conditions of the contract (approved via integrated change control), including the contract statement of work, pricing, and description of the products, services, or results to be provided 12. 3. 1. 6 Work Performance Information Collected as part of Execution. Highlights the extent to which quality standards are met, cost incurred/committed, and invoicing. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 42
Project Procurement Management 12. 3. 2 Administer Procurements Tools and Techniques 12. 3. 2. 1 Contract Change Control System Defines the process by which the procurement can be modified 12. 3. 2. 2 Procurement Performance Reviews Structured review of the seller’s progress to deliver project scope and quality, within cost and on schedule, as compared to the contract 12. 3 Inspections and Audits Required by the buyer and supported by the seller as specified in the procurement contract, can be conducted during the execution of the project to verify compliance in the seller’s work processes or deliverables 12. 3. 2. 4 Performance Reporting Provides management with information about how effectively the seller is achieving the contractual objectives Payment Systems Includes certification of satisfactory work by an authorized person on the project team and the payments made in accordance with the terms of the contract 12. 3. 2. 5 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 43
Project Procurement Management 12. 3. 2 Administer Procurements Tools and Techniques 12. 3. 2. 6 Contested changes and constructive changes are those changes where the buyer and seller cannot agree on compensation for the Claims Administration change, or cannot agree that a change has occurred. If the parties themselves do not resolve the claim, it may be handled in accordance with the dispute resolution procedures established in the contract. 12. 3. 2. 7 Record Management System Specific set of documentation processes, related control functions, and automation tools that are consolidated and combined as part of the project management information system (Section 4. 3. 2. 2) PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 44
Project Procurement Management 12. 3. 2 Administer Procurements Outputs • • 12. 3. 3. 1 Procurement Documentation The contract along with all supporting schedules Requested unapproved contract changes • • • 12. 3. 3. 2 Organizational Process Assets Updates • • Approved change requests Any seller-developed technical documentation and other work performance information, such as: deliverables, seller performance reports, warranties, financial documents (invoices, payment records, results of contract-related inspections) Correspondence - Contract terms and conditions often require written documentation of certain aspects of buyer/seller communications, such as: warnings of unsatisfactory performance and requests for contract changes or clarification Payment schedules and requests Seller performance evaluation documentation - Documents the sellers ability to continue to perform work on the current contract, indicate if the seller can be allowed to perform work on future projects, or rate how well the seller is performing the project work PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 45
Project Procurement Management 12. 3. 2 Administer Procurements Outputs • 12. 3. 3. 3 Change Requests • • 12. 3. 3. 4 Project Management Plan Updates • (cont’d) Includes direction provided by the buyer, or actions taken by the seller, that the other party considers a constructive change to the contract Submitted to address issues encountered during project execution Procurement management plan - updated to reflect any approved change requests that affect procurement management Baseline schedule - updated if there any slippages that impact overall project performance PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 46
Project Procurement Management 12. 3 Administer Procurements Data Flow Diagram PMBo. K® Guide, 4 th Edition, p 336 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 47
Project Procurement Management Close Procurements Process Project Management Process Groups Knowledge Area Initiating 12. Project Procurement Management Planning 12. 1 Plan Procurements Executing 12. 2 Conduct Procurements PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 Monitoring & Controlling 12. 3 Administer Procurements Closing 12. 4 Close Procurements 48
Project Procurement Management 12. 4 Close Procurements Process Definition: “The process of completing each project procurement. ” PMBo. K® Guide, 4 th Edition, p 341 PMBo. K® Guide, 4 th Edition, p 342 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 49
Project Procurement Management Exercise #4: It’s not done until the paperwork is complete. . . It is finally over. Some good things happened but of course, some not so good things happened. What information would you like to save about this aspect of the project? PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 50
Project Procurement Management 12. 4. 1 Close Procurement Process Inputs 12. 4. 1. 1 Project Management Plan A formal, approved document that defines how the project is executed, monitored, and controlled. Section 4. 2. 3. 1 12. 4. 1. 2 Procurement Documentation All procurement documentation is collected, indexed, and filed PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 51
Project Procurement Management 12. 4. 2 Close Procurement Process Tools and Techniques • 12. 4. 2. 1 Procurement Audits • 12. 4. 2. 2 12. 4. 2. 3 A structured review of the procurement process, including supporting documentation (contract, statement of work, etc. ), originating from the Plan Procurements process (Section 12. 1) through Administer Procurements (Section 12. 3) Identifies successes and failures that may assist administration of current/future contracts Negotiated Statements When settlement cannot be achieved through direct negotiation (mediation, arbitration, etc. ) Records Management System Specific set of documentation processes, related control functions, and automation tools that are consolidated and combined as part of the project management information system Section 4. 3. 2. 2, Section 12. 3. 2. 7 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 52
Project Procurement Management 12. 4. 3 Close Procurement Process Outputs 12. 4. 3. 1 Closed Procurements The buyer, usually through its authorized procurement administrator, provides the seller with formal written notice that the contract has been completed • 12. 4. 3. 2 Organizational Process Asset Updates • • Procurement file: A complete set of indexed contract documentation, including the closed contract, is prepared for the inclusion with the final project files Deliverable acceptance: The buyer, usually through its authorized procurement administrator, provides the seller with formal written notice that the deliverables have been accepted or rejected Lessons learned documentation: Lessons learned, what has been experienced, and process improvement recommendations are developed for the project file to improve future procurements PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 53
Project Procurement Management 12. 4 Close Procurements Data Flow Diagram PMBo. K® Guide, 4 th Edition, p 342 PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 54
Project Procurement Management Summary and Helpful Hints PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 55
Project Procurement Management As you prepare, don’t be afraid to walk away Know your BATNA (Best Alternative To a Negotiated Agreement) Use the Legal Department Be prepared to give direction Performance Clause Payment/Penalty Clause Contract Type Key Person Clause Are there Approved Vendors? Associated Procedures? PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 56
Project Procurement Management Key on Deliverables Specifications are detailed and clearly defined Payment schedules are detailed and clearly defined PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 57
Project Procurement Management Contract Be careful what you say or do! Verbal agreements Violating terms of an existing agreement Forfeiture of agreement rights Payment Requests vs. Payments PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 58
Project Procurement Management Project Manager Responsibilities Require plans Project / Subproject Internal / Vendor Dates Deliverables Define the reporting structure Vendor and Project organization Progress metrics Performance metrics Create and implement status reporting Deflate any Us/Them relationships Correct deviations from the plan PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 59
Project Procurement Management Project /Contract Completion Facilitate the transfer of knowledge Should be in original contract! Ensure proper closure Security Documentation Products Status of process Status of product Maintenance Agreement? Key person? Enhancement vs. fix Replacement vs. fix Response time PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 60
Project Procurement Management Good Luck!! PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0
Project Procurement Management Contract Definitions Agent A person who is authorized to represent each party Assignment The transfer of rights held by one party—the assignor—to another party— the assignee. Authority The ability of an individual to make a legally binding contract on behalf of an organization Bonds Changes Clause Confidentiality or Non-disclosure Agreement (NDA) Force Majeure A performance bond is a issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor. The Changes clause allows the seller to propose changes to the work. This results in a more efficient contract performance. Moreover, the Changes clause permits the government to avoid the costs of new procurement. The non-disclosure agreement (NDA), also known as a confidentiality agreement is a legal contract between two parties that defines the confidential materials, knowledge, or information that the parties wish to share with one another for certain purposes. A common clause which frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties takes place. The event is described by the legal term “act of God” and that prevents one or both parties from fulfilling their obligations under the contract. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0
Project Procurement Management Contract Definitions Incentives Indemnification (Liability) (cont’d) What benefits can the seller receive for aligning with the buyer’s objectives of time, cost, quality, risk and performance? Compensation clause for loss or damage Intellectual Property Clause within a contract that addresses ownership of intellectual property (patents, trademarks, copyrights, processes, source code, books) used in connection with or developed as part of the contract. Liquidated Damages Estimated damages whose amount the parties designate during the formation of the contract for the injured party to collect as compensation upon a specific breach (e. g. , late performance). Term of Agreement Warranties Length of the contract ; parameters related to commencement through termination. A legal promises related to the quality of the goods or services delivered under contract, usually restricted to a time period. It often provides for a specific remedy such as repair or replacement in the event the good or service fails to meet the agreed upon specifications. A breach of warranty occurs when the promise is broken, i. e. , a product is defective or not as should be expected by a reasonable buyer. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0
Project Procurement Management Contract Definitions (cont’d) Payments Defines within the contract the parameters when payment will be made, addresses late fees and reasons for non-payment. Reporting Defines the types of reports that are required, timeframe, frequency and to whom they should be sent. Retainage An amount of money, usually 5 percent or 10 percent, withheld from each payment. This money is paid when all the final work is completed and helps ensure completion. Termination Clauses These clauses ensure that either or both parties have the right to terminate the contract under certain circumstances. Generally, termination clauses describe breach of contract events that trigger the right to terminate the contract. Waivers Arbitration Clause Statements saying the rights under the contract may not be waived or modified other than by express agreement of the parties. Clause that states that disputes arising under the contract must be settled through arbitration rather than through court litigation. Such clauses generally include the name of the organization that will conduct the arbitration, the city in which the arbitration will be held, and the method for selecting arbitrators. PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0
Project Procurement Management Contract Definitions (cont’d) Breach/Default A breach occurs when an obligation of a contract is not met. Watch out…a breach on the sellers part cannot be fixed by a breach on the buyers part, e. g. not completing an item in the contract statement of work (sellers breach) cannot be handled by the buyer by stopping ALL Payments (buyers breach). Material Breach A breach so large that it may not be possible to complete the work under contract PMP Prep Course – Project Procurement Management - PMBOK 4 th Edition – Version 2. 0 65