Business, Accounting and Finance BSBPMG518 Manage project procurement Learner Materials and Assessment Tasks 1|Pag e Table of Contents About BSBPMG518 Manage project procurement ............................................................ 4 Identify procurement requirements with input from stakeholders as basis for procurement planning ........................................................................................................ 8 Activity 1 .............................................................................................................................10 Activity 2 .............................................................................................................................12 Activity 3 .............................................................................................................................22 Activity 4 .............................................................................................................................25 Activity 5 .............................................................................................................................26 Establish and maintain, within delegated authority, agreed procurement management plan ............................................................................................................................................33 Activity 6 .............................................................................................................................34 Obtain information from suppliers capable of fulfilling procurement requirements .....37 Activity 7 .............................................................................................................................39 Determine or adopt established selection processes and selection criteria, and communicate to vendors to ensure transparency ...........................................................40 Activity 8 .............................................................................................................................42 Obtain relevant approvals for procurement processes to be used ................................45 Activity 9 .............................................................................................................................47 Identify and act according to probity and project governance constraints ...................48 Communicate agreed proposals and/or specifications to prospective vendors to ensure clarity of understanding of project objectives.....................................................50 Activity 10 ...........................................................................................................................50 Activity 11 ...........................................................................................................................52 Solicit vendor responses according to proposal requirements .....................................53 Evaluate responses and select preferred vendors according to current legal requirements and agreed selection criteria .....................................................................54 Negotiate with preferred contractor or supplier, to agree on terms and conditions of supply ............................................................................................................................................55 Activity 12 ...........................................................................................................................57 Implement established procurement management plan and make modifications in line with agreed delegations ....................................................................................................59 Activity 13 ...........................................................................................................................59 Review progress and manage agreed variations to ensure timely completion of tasks and resolution of conflict within the legal framework of the supply agreement ............62 Activity 14 ...........................................................................................................................69 Identify and report procurement management issues and implement agreed remedial actions to ensure project objectives are met ...................................................................69 2|Page Conduct finalisation activities to ensure vendor deliverables meet contracted requirements ............................................................................................................................................83 Activity 15 ...........................................................................................................................84 Review project outcomes using available procurement records and information to determine effectiveness of procurement processes and procedures ............................85 Document lessons learned and recommended improvements for application to future projects ...............................................................................................................................87 Activity 16 ...........................................................................................................................91 Attachment 1 - Key terms in project contracting and procurement ...............................93 3|Page About BSBPMG518 Manage, project procurement Application This unit describes the skills and knowledge required to undertake procurement in projects. It applies to individuals responsible for managing and leading a project in an organisation, business, or as a consultant. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Unit Sector Management and Leadership – Project Management Elements and Performance Criteria ELEMENT PERFORMANCE CRITERIA Elements describe the Performance criteria describe the performance needed to essential outcomes. demonstrate achievement of the element. 1. Determine 1.1 Identify procurement requirements with input from procurement stakeholders as basis for procurement planning requirements 1.2 Establish and maintain, within delegated authority, agreed procurement management plan 2. Establish agreed 2.1 Obtain information from suppliers capable of fulfilling procurement procurement requirements processes 2.2 Determine or adopt established selection processes and selection criteria, and communicate to vendors to ensure transparency 3. Conduct procurement activities 2.3 Obtain relevant approvals for procurement processes to be used 3.1. Identify and act according to probity and project governance constraints 3.2. Communicate agreed proposals and/or specifications to prospective vendors to ensure clarity of understanding of project objectives 3.3. Solicit vendor responses according to proposal requirements 3.4. Evaluate responses and select preferred vendors according to current legal requirements and agreed selection criteria 3.5. Negotiate with preferred contractor or supplier, to agree on terms 4|Page 4. Implement and monitor procurement and conditions of supply 4.1. Implement established procurement management plan and make modifications in line with agreed delegations 4.2. Review progress and manage agreed variations to ensure timely completion of tasks and resolution of conflict within the legal framework of the supply agreement 4.3. Identify and report procurement management issues and implement agreed remedial actions to ensure project objectives are met 5. Manage procurement finalisation procedures 5.1. Conduct finalisation activities to ensure vendor deliverables meet contracted requirements 5.2. Review project outcomes using available procurement records and information to determine effectiveness of procurement processes and procedures 5.3. Document lessons learned and recommended improvements for application to future projects Foundation Skills This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance. Skill Reading Writing Performance Criteria 1.1, 2.1, 3.1, 3.4, 4.1, 5.2 1.2, 2.2, 2.3, 3.2, 3.4, 4.1, 4.2, 4.3, 5.2, 5.3 Description Interprets, evaluates and critiques ideas and information from a range of complex texts Develops plans using vocabulary, structure and conventions appropriate to text Creates documents for internal and external use, using vocabulary and structure suitable for audience and context Drafts requests for approvals using organisational formats Oral Communicatio n Numeracy 1.1, 2.1, 2.2, 2.3, 3.2, 3.5, 4.2 1.1, 4.2 Participates in verbal exchanges using clear language to seek and provide information, or request approvals Uses active listening and questioning techniques to confirm understanding Recognise cost parameters and interprets s 5|Page Navigate the world of work Interact with others 1.2, 3.1, 3.4, 4.1 Understands responsibilities and boundaries of own role 1.1, 2.1, 2.2, 2.3, 3.2, 3.3, 3.5, 4.2 Selects and uses appropriate conventions and protocols when communicating with internal and external stakeholders to seek or share information Uses interpersonal skills to negotiate acceptable outcomes Get the work done numerical information accordingly Calculates changes to timelines resulting from changes to plan 1.1,1.2, 2.1, 3.1, 3.3, 3.4, 4.1, 4.2, 4.3, 5.1, 5.2 Plans and organises complex activities, monitors implementation and manages relevant communication Resolves problems and makes decisions based on analysis of options against set criteria and targets Unit Mapping Information Code and title Code and title Comments Equivalence status current version BSBPMG518 Manage project procurement previous version BSBPMG518 Manage project procurement Updated to correct missing elements Equivalent unit Release 2 Release 1 Assessment requirements Release Modification History Release 2 Comments This version first released with BSB Business Services Training Package Version 1.2. Version created to correct missing elements Release 1 This version first released with BSB Business Services Training Package Version 1.0. Performance Evidence Evidence of the ability to: 6|Page work with others to determine procurement requirements and produce a procurement management plan for a project carry out procurement and contracting activities according to agreed processes monitor activities across a project's life cycle and resolve issues that could affect achievement of project objectives create and maintain procurement records and documentation according to requirements of project and organisation Document a review of procurement management processes and procedures. Note: If a specific volume or frequency is not stated, then evidence must be provided at least once. Knowledge Evidence To complete the unit requirements safely and effectively, the individual must: describe the general features of a procurement management plan summarise procurement procedures and required documentation identify criteria that could be used to select vendors or suppliers explain the general conditions and legal obligations of contracts as they relate to project procurement Explain probity and project governance constraints that relate to project procurement in a project and industry context. 7|Page Identify procurement requirements with input from stakeholders as basis for procurement planning1 Project management is a process of leading a team of capable people in planning and implementing a series of related activities that need to be accomplished on a specific date with a limited budget. Because of its nature, coordinating all these activities requires a process approach. Because many times development project take on unexplored territory, assumptions about the project must be listed, evaluated, its risks assessed and contingency plans developed. It also requires a close monitoring of the budget, scope and schedule to deliver the project objectives under the expected quality. Each one of these elements needs to be managed in a systematic manner with the development of plans to identify the roles and resources needed. There is also the complexity of development projects that require a different approach and a new way at managing the limited resources and the increasing demands from all stakeholders. To manage this complexity the project needs to be de-constructed into manageable, interrelated parts; or processes, by separating the project into different management process the project manager has a better chance to control the outcomes of the project and manage the challenges that can never be fully predicted during its design. Managing a project requires that organisations take in consideration a system approach to manage the different elements of a project. A systems approach includes a holistic view of a project environment, and an understanding that the project is made of a series of interacting components working to meet an objective in order to obtain the desired benefits. A systems approach requires the identification of the processes that make up the entire project management framework. This framework helps understand the basic structure required to properly manage a project, by identifying the most important elements that need close supervision and careful analysis. There are nine management processes on a development project. These are designed to help manage the different elements of a project, different projects may have different needs from each process; for example, a project that has identified that cost is a critical success factor will spend more time and effort in developing a cost management plan. These processes are the key knowledge areas or a project manager must master. One of the most critical roles of the project manager is the integration of these nine processes to ensure they all are properly coordinated. In many cases it could result in making trade-offs among the different competing expectations from stakeholders. These nine processes are all integrative, that is, they need to be managed in a combining and coordinating manner to bring these diverse elements into a whole. The nine management processes occur during the entire project life cycle and each one of them requires a cyclical approach that consists of planning, doing, checking and learning to ensure process quality. 1 Source: Wise Geek, as at http://www.wisegeek.com/what-is-project-procurement.htm , as on 21st October, 2016; PM4 Dev, as at www.pm4dev.com/.../doc.../48-the-project-managementprocesses.html, as on 21st October, 2016. 8|Page The effort and detail required for each process depends entirely on the size, complexity and risk of the project. Large, highly complex projects will require specialized resources to manage each process making the role of the project manager as the coordination of these processes. Smaller less complex projects may not even need all nine processes, the project manager after making an analysis of the project risks and constraints will decide which processes require more effort than others The nine project management processes are: 1. Scope Management 2. Schedule Management 3. Budget Management 4. Quality Management 5. Team Management 6. Stakeholder Management 7. Information Management 8. Risk management 9. Contract Management Project procurement involves a systematic process of identifying and procuring, through purchase or acquisition, necessary project services, goods, or results from outside vendors who will carry out the work. It is usually a function of the project manager; however, some organisations choose to select a person other than the project manager to handle these duties. There are six processes widely recognized by the project management industry as integral to project procurement management. The first of these processes is planning purchases and acquisitions. In this step, needs that require outsourcing are identified. Sources for obtaining the required goods, services or results are differentiated through a market analysis. In planning the procurement, project objectives are reviewed to ensure the acquisition does not stray from the stated objectives. Completion of this step includes identification of the resources necessary for the acquisition, determination of the contract type needed to secure the acquisition, and preparation of a procurement management plan. Contract planning, requesting seller responses and selecting the seller are the next three processes that might be completed. In contract planning, it is necessary to describe in detail the products or services requested. Requests for proposals and bids should be documented to avoid problems. When requesting seller responses and proposals, specific vendors are identified and placed on a qualified sellers list. Selected vendors are considered qualified based on their ability to provide the goods or services considering the constraints of the project, their interest in providing the goods or services, and the reasonableness of their bids. Once the prospective sellers have been set apart, the proposals of the selected sellers are evaluated in order to determine the best vendor to deliver the goods or services. After the sellers are chosen, contracts are negotiated. 9|Page Administering contracts is critical to project procurement duties. Clearly outlining the obligations, responsibilities, and performance goals is essential to completing this step. Satisfactory performance of the contract entails tracking the execution of stated goals. At times, the project procurement manager may need to correct processes in order to obtain the desired results. Contract changes should be controlled and documented to prevent unnecessary legal claims. Once the contract is complete, the final step is to close the contract. The contract is audited to make certain all terms of the contract were fulfilled. Contract closure involves evaluating the performance of vendor and documenting any lessons learned in executing the contract. Project procurement is not an exact science. Although this process is generally accepted within the industry, actual execution may differ between organisations. Many courses are available that teach the strategies used by project procurement managers. 10 | P a g e Activity 1 Provide a definition for the term "procurement". Stakeholder Management Stakeholder management is one of the areas that receives the least amount of thought and planning in development projects, this is due to the limited understanding and agreement on who are the stakeholders and their role in the project. Stakeholders are all the people who have an interest in the project and they are the most critical element for the success of the project. They include donors, beneficiaries, local government, partner organisations and anyone who will be impacted by the project. Each project has a different list of stakeholders, a range that can include the local press, local organisations, institutions and even watchdog organisations. Managing stakeholders is not an easy task; the project’s objective is to improve the way the relationships between the project and the stakeholders are managed, this is achieved by taking a proactive approach that builds trust. Stakeholder management includes the processes of stakeholder analysis, planning, and communication. Stakeholder Analysis is the technique used to identify who are the project stakeholders, the next step is to identify their level of interest and influence in the project, and identify their fears and concerns about the project. The final step is to develop a good understanding of the most important stakeholders and develop a communications strategy and a stakeholder map that will help manage the relationships. Stakeholder management also helps manage expectations, each stakeholder has a different idea or expectation of what the project is; this is common at the start of the project when limited information about the project has been distributed. 11 | P a g e When beneficiaries are not involved in the planning or consulted on their needs and expectations they can easily turn their back to the project and without beneficiaries the project doesn’t have a reason to continue. Failing to identify stakeholders can lead to difficult situations, especially when the project has to deal with a key stakeholder who has the power to disrupt the project. By identifying early in the project the needs, concerns and issues of the stakeholders, the project has developed an advantage that can use to its favor. Insufficient involvement and infrequent communication with stakeholders is a leading cause of project failure. A project should never try to take stakeholders for granted, or assume they will all support the project unconditionally; good stakeholder management helps manage the politics that can often come with development projects. It helps win support for the projects and eliminates a major source of project stress. The success or failure of the project is ultimately judged by stakeholders, not project managers. Activity 2 Who are project stakeholders? Provide specific examples. 12 | P a g e Activity 2 Procurement Requirement Determination2 All procurement requirements begin with the perception of a need. The need to cross a body of water could create a requirement to build a bridge, a ferry, or other transportation systems. At this stage it is necessary to clearly define the need, and this may be done by way of a study to determine the best mode to cross the body of water (given the present situation and forecasted future need), then the type of bridge to be constructed, or a comparative cost/benefit analysis to determine the best solution between a bridge and other alternatives. The study should include if the need can be satisfied in-house or contracted out, quantification of the initial budgetary estimate, and an idea of the procurement lead-time. The conformation of the study team should be multidisciplinary in order to address the different questions to be answered to facilitate a comprehensive understanding of the need so as to clearly define the actual requirement. The role of procurement practitioners at this stage is primarily to estimate the procurement lead time given the most appropriate procurement method that would be suitable for such a requirement. Of course, the perceived need is not always as complex as in the example above. There are also needs for goods and services, and those should also undergo an analysis to clearly define requirements. At the end of the requirements definition stage, a clear determination of the terms of reference, technical specifications or statement of work (depending on the procurement category) should be possible, including an estimate of the budget, and, most importantly, the procurement lead-time. This requirement definition analysis is essential not only for new procurement requirements, and project initiation and concept development, but also for requirements needed for maintaining existing operations. The Procurement Process 2 Source: The Procurement Classroom, as at http://procurementclassroom.com/procurementrequirement- determination/, as on 21st October, 2016. 13 | P a g e Project procurement is a broad term to describe the processes to purchase and install the products and services necessary to see that project goals are met. Procurement may be a simple direct purchase, for example the one-off purchase of a piece of equipment, or it may require a contract for the provision of products and services across a period of time. Each project will require different products and services. The task of those responsible for procurement is to see that all products and services purchased are fit for their intended purpose and represent value for money. Contracts guide the relationship between buyer and seller and must be managed by the project team. They are legal documents which are mutually binding, and set out the obligations of each party. Contracts can be simple or complex – generally more complex contracts are associated with higher payments and higher degrees of risk. Because of the legally binding nature of contracts, they will generally be subject to more extensive development and review processes either from within the project team or with assistance from legal experts. Good procurement and contracting practice should deliver the following benefits: value for money increased client satisfaction increased accountability better strategic decision-making savings in time and therefore costs. Definitions and main activities involved in managing project procurement Managing project procurement consists of five steps that are depicted in Figure 1 and explained below: Figure 1 – Managing project procurement 14 | P a g e Determining procurement requirements Stage 1 Stage 2 Establishing agreed procurement processes Conducting contracting and procurement activities Stage 3 Implementing the contract and/or procurement Stage 4 Managing contracting and procurement finalisation activities Stage 5 1. Determining procurement requirements. The project manager is responsible for identifying the procurement requirements for the project in consultation with stakeholders, higher authorities within their organisation and the input from the project team. The project manager also develops a procurement management plan as well as developing a communication strategy to ensure stakeholders clearly understand the project’s objectives. 2. Establishing agreed procurement processes. The project manager utilises information from a variety of sources to assist them in determining how project contracting and procurement requirements can be best met. Selection processes and criteria are established, adopted and communicated to stakeholders and prospective contractors or suppliers to ensure fair competition. 3. Conducting contracting and procurement activities. Proposals or specifications are communicated to prospective contractors or suppliers so that they have a clear understanding of project objectives. Responses are received, evaluated and prioritised before a preferred contractor is selected in accordance with legal requirements and previously agreed selection processes. 15 | P a g e Negotiations are then entered into with the preferred contractor or supplier to agree contract terms and conditions, establish common goals and eliminate uncertainty. 4. Implementing the contract and/or procurement. The activities established in the procurement management plan are implemented. Procurement activities are modified where necessary with higher project authority approval. Contractor progress is reviewed regularly against key performance indicators to ensure tasks are completed as scheduled, resolve conflicts and ensure all parties comply with any legal requirements contained in the contract’s terms and conditions. 5. Managing contracting and procurement finalisation activities. The project manager oversees finalisation activities to ensure project deliverables are met and contractual requirements have been fulfilled. Procurement records and documentation are reviewed to determine the effectiveness of contracting and procurement activities, policies and procedures used throughout the project. Any lessons learned from this review are reported to a higher project authority for application in future projects. The relationship between managing contracting and procurement and project phases Project contract procurement is important at all stages of project operations. Figure 2 shows how the contracting and procurement stages align with a project’s phases. Figure 2 – The relationship between managing contracting and procurement and project phases Proponent Phase Approval Phase Determining procurement requirements Establishing agreed procurement processes Conducting contracting and procurement activities Implementation Phase Implementing the contract and/or procurement Implementation Phase Managing contracting and procurement finalisation activities Completion Phase 16 | P a g e The summary below provides information on how contracting and procurement impacts on each stage of the project life cycle. Proponent phase – before a project proposal is submitted (initiation/concept phase) All projects consume resources and prior to embarking on a project it is necessary to determine what resources (products and services) will need to be purchased, and at what stages. This helps with establishing the feasibility of the project. Budgets need to be allocated for procurement and contracting. Criteria for requirements of products and services should be researched, and preliminary market analysis should be undertaken to see that suitable suppliers can be sourced for more obscure products or hard to source services. The project manager determines procurement requirements after consultation with stakeholders and the guidance of a higher project authority such as a program manager, as well as input form their project team. Approval phase – once a project is approved (planning/development) Once the project is approved, the project manager must ensure that information is gathered on how procurement requirements can be fulfilled so that project objectives are met. Processes, procedures and documentation needed to implement procurement activities need to be developed and approved. Implementation phase – when the project is underway (delivery) Prospective contractors are provided with specifications and information to facilitate a response to the procurement documents. Responses are collated, analysed, evaluated, and prioritised before a preferred contractor is selected. Negotiations are entered into at this point to finalise a contract. Once the project is underway the policies, procedures and documents developed in the approval phase need to be introduced and implemented. Staff with procurement responsibilities will need to check that products and services are delivered on time, that necessary quality requirements are met and that reporting, invoicing and payment is properly processed. Contract management is ongoing across the implementation phase and good relations with suppliers should be fostered. Completion phase - review (finalisation) At the completion phase there should be a review of the performance of suppliers and contractors as well as a thorough examination of the efficacy of internal procurement activities. Issues should be documented so that future projects will improve from lessons learned. 17 | P a g e Responsibilities for managing procurement and contract management Table 1 below shows the responsibilities for managing project contracting and procurement for each member of the project team. The shaded area represents the responsibilities of project managers, which is the focus of this Learning Guide. Table 1 – Responsibilities in contracting and procurement Personnel Responsibility Project manager Has overall responsibility for project procurement and contracting Supervises the work of others who assist with procurement and contracting Leads the processes of planning, negotiating, managing and reviewing procurement and Authorising agent/agency contracting Takes responsibility for overseeing procurement and contracting across a range of projects Manages project manager/s who supervise procurement and contracting Directs organisational processes to improve Project team member(s) procurement and contracting Works with others to plan project procurement and contracting Assists in developing tendering and contract documentation Gathers information and participates in selection of suppliers and contractors Participates in contract negotiation and contract management Contributes to administering and managing the contract 18 | P a g e Assists others to review contracts, contractor performance and procurement processes Stakeholder involvement in project contracting and procurement Consultation and communication with stakeholders are important processes when making purchasing decisions. Stakeholders may include those people who will use the products you purchase – they will have clear ideas about what will be required and will be able to assist you with developing your product specifications. Similarly when purchasing services, such as consultant reports, your project team will depend on you to seek their expertise for tender specifications and contract deliverables. Other stakeholders may be people or groups who are not directly part of the project team, but who have an investment in seeing that procurement takes certain factors into account. Stakeholders may, for example, be concerned about where certain products were sourced, whether people were paid award wages in the manufacture of the products, whether the product will cause damage to the environment, whether the products have health and safety risks to project workers or to the general community. It is helpful if your company or project manager has policies and guidelines to assist when making procurement decisions, however advice from, and communication with, stakeholders will always be important to procurement activity. Determining procurement requirements The first step in managing project contracting and procurement is to decide what needs to be procured. Once the decision is made regarding what needs to be acquired, a procurement management plan is developed which forms the basis for subsequent contracting and procurement activities. The shaded area in Figure 3 represents the determining procurement requirements process. 19 | P a g e Figure 3 – Determining contracting and procurement requirements Proponent Phase Determining procurement requirements Approval Phase Establishing agreed procurement processes Implementation Phase Conducting contracting and procurement activities Implementation Phase Implementing the contract and/or procurement Completion Phase Managing contracting and procurement finalisation activities What needs to be procured? As project manager you need to determine, in conjunction with stakeholders, higher project authorities and your project team, which products or services can be supplied from within your organisation and which ones need to be obtained from external sources. In doing this, you must decide whether products and services are already available, and which of those should be acquired externally. A technique known as a ‘make-or-buy’ analysis is used to help determine what needs to be procured. There are many factors which influence the project team’s decision to purchase products and services externally. For example, the project team may lack the capability or expertise to produce a product or service and need to engage a contractor who has the necessary skills to provide the desired product or service. An organisation may be capable of producing a good or service, but not have the ability to produce sufficient quantities in line with the client’s requirements. Or they may have the capability to produce the product or service, but it would be inefficient for them provide it. When the decision is made to ‘buy in’ a product or service, the project’s budget must be considered. Consideration should also be given to whether the product or service should be purchased outright, leased or rented. Documents to assist with determining procurement requirements There is usually a range of documents to consider when planning project procurement. Here are just a few: 20 | P a g e Organisational policies and procedures - usually there will be limits on whocan purchase what and what approvals are necessary, or documents specifying preferred procurement methods. The project scope statement - this will provide a clear picture of the client’s expectations, the project’s outcomes and any constraints, which may affect the contract and procurement process. Activity Resource Estimates – these assist you in planning for the required quantity that needs to be ordered. Project Schedule and Work Breakdown Structure (WBS) - it may be highly disruptive to have products delivered too early, especially if and they may be fragile or spoilable. Alternatively the late arrival of products or services can severely impact on the smooth running of a project. The risk register - the risk register may assist to identify issues important o t contract and procurement and certain insurances may need to be purchased. Specifications - these may specify functional requirements or quality standards. Stakeholder plan - who needs to be consulted when making purchasing decisions,? ‘Lessons learned’ documentation from previous projects Government legislation and policy – when procuring goods or services in the public sector there may be rules or policies that the project team needs to comply with Policies and procedures Your organisation will have policies and procedures to guide procurement and contracting activities. Typically policies will help you to determine approval processes, when contracts are required and if so what type of contract to use and levels of delegation, for example. Because of organisational policy you may also need to consider: issues of sustainability or environmental impact of products you are purchasing 21 | P a g e occupational health and safety implications of your purchases compliance with national standards or legislation whether products or services are locally manufactured, or manufactured interstate or overseas Whether there are companies with employment practices you wish to avoid, for example the use of underage labour or under-award wages. Activity 3 Locate the policies and procedures that are relevant to planning procurement in your organisation, or an organisation you have access to. Make a list of these documents below: Are there any policy gaps you have identified? If so, what action do you plan to take to fill these gaps? 22 | P a g e Activity 3 Procurement management planning Another important stage in managing project procurement is planning how your project team is going to go about procuring the products and services required. Planning provides a structured approach to deciding how to conduct project procurement. To successfully manage procurement and contract planning you will need to have an informed grasp of the project and its objectives. Procurement and contract planning is best done as a team where all team members contribute to the process. Good purchasing decisions happen because people take care and effort at the outset in planning the procurement and contract management strategy. When planning a project it is necessary to identify what products and services will be required. Procurement planning should establish which products or services are needed the availability of suppliers to provide these products and services, who will be procuring the products or services, which procedures and policies need to be followed and what procurement methods will be used (for example, direct purchase, quotes, selected tender, public tender or other methods used by your organisation). At the conclusion of the planning process, your plan should provide answers to the following questions: What needs to be procured? What competitive processes will be used to drive value for money? How much of the products or services are required? When will the products or services be required? From where will the products or services be procured? 23 | P a g e What risks are associated with the procurement? How will the products or services be procured? Who is responsible for contracting and procurement? How will the contracting and procurement process be administered? How will the contracting and procurement process be finalised and reviewed? Who needs to be consulted during the contracting and the procurement process? You will now go through each of these questions in more detail and practise some learning activities which will help you to develop a contracting and procurement plan. The selection of the supplier provides an opportunity to use competitive processes to drive value fro money. In some cases, such as in the government sector, there may be rules and guidelines about tendering and purchasing processes to be used. How much? It is important to determine the correct quantity of products and services required to complete project activities. Procuring too few of a product or service will delay completion of a project activity. Procuring too many products or services may result in storage problems or cost overruns, all of which could negatively impact on the project’s budget. In determining the correct quantities required the project’s Activity Resource Estimations (made when constructing the project’s schedule) need to be considered. These estimates are usually made after performing a Work Breakdown Structure (WBS) in the project time management plan. You can also use the expert judgement from other experienced project managers or team members in your organisation to assist you in determining the required quantities of products and services. These concepts are discussed in more detail in the Learning Guide BSBPM503A Manage project time. You are encouraged to read this Learning Guide for further information on how Activity Resource Estimations can assist you in deciding quantities of products and services required for a project. 24 | P a g e Activity 4 Imagine you are the catering manager for the company which is providing the food and beverages for the Asian tsunami benefit cricket match in Case Study 1. You need to decide how many chips to order to stock the food outlets in the stadium How would you go about deciding how many chips you will need to order for the stadium? What documents and records would you use to assist you in making the decision? What else would you do to help you make the decision? What would be the consequences if you ordered too few chips? What about if you ordered too many? 25 | P a g e Activity 4 When will the products or services be procured? In determining when products and services will be procured the project team should consult the project’s schedule. Having necessary products and services available at the time they are needed helps to avoid project delays. Failure to acquire products and services when they are required can impact heavily on project objectives. For example, early delivery of products and services may create problems with storage, necessitating removal and storage elsewhere, at increased cost. Alternatively, if products or services are delivered too late then they may be unusable, especially if they spoil. The aim of procurement is to obtain required products and services exactly when they are required, no earlier or no later, so that costs associated with early or late delivered are avoided. The length of manufacturing and lead times for required products and services must also be considered when deciding when to order products or services. Activity 5 How do you plan when to acquire products and services needed to complete project activities? Who is involved in deciding when products and services are ordered? What documents do you refer to when deciding on when to order products or services? What are the effects of a product or service arriving early? What about if they arrive late? 26 | P a g e Activity 5 27 | P a g e Where will the products and services be acquired? Research needs to be conducted to determine where required products and services are going to come from. The project team needs to conduct market analysis. In some instances you may find there is a wide range of suppliers you can draw from who are capable of providing the required products and services. In other instances, such as when purchasing highly technical or sophisticated machinery, there are only a few suppliers. You may decide about who you buy from based on several criteria, such as price, product range and variety, customer services, back up and support, location, and availability. Typically the amount of time and effort you spend in deciding where the products or service will be purchased from should match the value of the products or services you are purchasing. It is not reasonable to spend large amounts of time getting the best price for lowcost items that are not often used. For high volume items, products or services that carry high risk, or very expensive items, it is worth spending extra time researching the market. When procuring goods and services in the public sector, there may be government rules and policies to guide procurement. When dealing with large amounts of money there may be other government agencies that have a statutory role and therefore be a stakeholders in the procurement action. Where competitive procurement processes are used, it is important to ensure that processes and fair and do not favour any one un\duly. 28 | P a g e What risks are associated with procurement? Whenever a product or service is acquired from outside your organisation there are risks associated with this. Examples of the types of risks you may experience are: the supplier cannot deliver the required quantity the quality of the products and services is not directly under your control you may overstate or overestimate the quality of products or services required you may not comply with rules and guidelines relating to procurement inthe public sector Each of these risks may significantly affect the project’s objectives if they are realised. Risks can also occur which affect the contracting and procurement process. For example, in the procurement planning phase, the timeframe given to provide the desired good or service may be impractical, meaning the delivery schedule is not met. A narrowly defined specification in the bid document may reduce competition or discourage innovation or alternative solutions. Selection of an inappropriate seller may result in a failure to fulfil contractual requirements. Risks associated with project contracting and procurement can occur throughout the project life cycle. It is therefore important that risks specific to procurement are identified and are documented in the project’s overall project plan and reviewed regularly. Your organisation will most likely have a document or template for identifying and managing risks and perform a risk analysis for each individual product or service being procured from external sources. How will the products or services be procured? Determining how the products or services will be procured may be relatively simple for oneoff purchases, or highly complex if the products and services are to be acquired over an extended period of time. Highly complex or long-term contracts may also involve several sub-contracts. It is therefore critical that policies, procedures and management systems are put in place during the planning phase to coordinate the procurement process. Documents need to be prepared which will be used in the selection phase of the procurement process. Your organisation probably already has standardised versions of these documents. Please note that when purchasing in the public sector there may be rules or policies about who can manage the procurement activity. At the conclusion of the planning phase, your project team should have developed the documents to be distributed to prospective sellers. Some of the more frequently used terms to refer to this documentation include “invitation for bid”, “tender notice”, “invitation for negotiation”, “expression of interest”, “request for proposal”, “contractor initial response” and “request for quotation”. 29 | P a g e When writing contracting documents, you should structure the document to facilitate an acceptable response from the prospective sellers and facilitate easy evaluation of the bids. The contracting document should contain elements such as: a description of the form of response required statements of the work required specifications and requirements Contractual provisions. In the planning phase you should also consider the criteria you will use to evaluate the responses to the contracting documents you will distribute to potential suppliers. This will be discussed in greater detail in section 2.3 when you are looking at how you can contribute to the contractor selection process. The type of contract must also be given consideration when planning contracting. There are several different types of contracts: Fixed price contracts – also known as ‘lump sum’ contracts, a fixed totalprice is paid for a well-defined product. A purchase order is an example of a fixed price contract. Cost reimbursable contracts – involves payment to reimburse the seller’s cost plus a fee representing the seller’s profit. There are various forms of cost reimbursable contracts, whereby the seller’s profit is paid by one of the percentage of the costs, a fixed fee or an incentive fee. Time and material contracts – contains characteristics of fixed and cost reimbursable contracts. They are usually open ended, and often used when the exact quality and cost of a contract is not fully know when the contract is signed. The selection of the type of contract may be imposed by organisational policies, or the project scope statement. The type of contract used will also depend on the amount of control your organisation wishes to exert over the seller, how much risk you want to transfer to the seller, and the type of business your organisation is involved in. The complexity and level of detail contained in the documents your project team prepares should be consistent with the value and risk associated with the products and services required. They should also allow prospective sellers to submit alternative proposals which could add value and be issued in accordance with your workplace policies and procedures. 30 | P a g e Who is responsible for contracting and procurement? The whole project team is responsible for a project’s contracting and procurement. As project manager, you will allocate a specific area of the contracting and procurement process to you. It is important that you allocate a particular team member primary responsibility for the various contracting and procurement activities to facilitate the smooth running of the process. How will contracting and procurement be administered? During the contracting and procurement planning stage, you must decide in conjunction with your project team must decide how the contract will be administered. Contract administration is all about ensuring both the buyer and seller meet their contractual obligations and that their rights are protected. As a manager, you will need to encourage your team members to contribute ideas and suggestions on ways to administer the contract, such as: setting key performance indicators to monitor how well the contractor performs how often reports must be provided about contractor performance what the key milestones and deliverables of the contract are what process will be followed if the contract is modified Whether inspections, tests or audits of the contractor’s work will occur during the contract. How will the contracting and procurement process be finalised and reviewed? Although it may seem a little strange to be thinking about finalising contracting and procurement before it has started, you must consider how the contract will be finalised and reviewed. Projects that do not plan how they will be finalised run the risk of running past their scheduled completion date because loose ends are not tied up. Among the things to consider when planning how to finalise a contract are: what records need to be completed at the conclusion of the project what reports will need to be written who reports need to be sent to what terms and conditions are needed if the contract ends early When the contract is considered over. 31 | P a g e Planning for how the contracting and procurement process will be reviewed throughout and after the project is also required. The review process should plan to evaluate the performance of the contractor selected to provide the products and services, as well as evaluate the effectiveness of the process your project team used. You should decide, in conjunction with your project team, on the following sorts of issues in planning how to review project contracting and procurement: whether a procurement audit takes place what meetings will be held to review the progress of contracting and procurement how often these meetings should occur who should be involved in these meetings How issues identified during the review process will be reported and usedto improve organisational performance. Who needs to be consulted during the contracting and procurement process? A plan must be drawn up for how the project’s stakeholders will be consulted about the progress of contracting and procurement activities. The plan should determine who needs to be consulted, how often and by what methods. As project manager, you are ultimately responsible for any procurement decision you make. Your organisation’s policies and procedures will assist you in finding out the value of purchases you are authorised to procure. You will also need to consult with higher project authorities throughout the project such as a program director, board member, chief executive officer or steering committee. 32 | P a g e Establish and maintain, within procurement management plan delegated authority, agreed The next stage of the contacting and procurement process is to establish how the procurement activities in the procurement management plan are actually going to be implemented. . Processes need to be developed for such things as how you will go to the marketplace, request responses and submissions, how they will be evaluated, and the process used to make a final selection for the preferred supplier. The procedure for how a contract will be monitored and reviewed as well as the planned processed for reviewing the overall effectiveness of the procurement activities conducted in the project will also need to have processes established. Establishing agreed procurement processes is closely integrated with the procurement planning process discussed in detail in section 2.2. Many of the procedures, processes and policies used to conduct procurement are identified and agreed upon when formulating the procurement management plan. While establishing the agreed procurement processes has been listed as a separate section in this Learning Guide, in practise you are likely to establish procurement processes at the same time as formulating the procurement management plan. Figure 4 depicts this stage in relation to the all contracting and procurement stages. Figure 4 – Establishing agreed procurement processes Proponent Phase Approval Phase Implementation Phase Determining procurement requirements Establishing agreed procurement processes Conducting contracting and procurement activities Implementation Phase Implementing the contract and/or procurement Completion Phase Managing contracting and procurement finalisation activities As project manager you will be responsible for supervising the selection process. When your project team go to the market to receive quotes, bids, tender submissions or proposals you should aim to make the process as streamlined and efficient as possible. Your objective will be to save on project costs by being efficient and promoting competition. 33 | P a g e A well-organised and transparent process will assist suppliers to understand exactly what you seek to purchase so that they can offer a competitive price or proposal. Options when procuring or contracting When purchasing a range of products or services it may be preferable to source more than one supplier. Single suppliers offer the advantage of a fixed and stable relationship. Working closely with the supplier offers the opportunity to build trust and improve performance. It can also reduce the costs of administration. However the reduced competition may lead to higher prices and poorer performance. Several suppliers can make the process more competitive however; suppliers may feel less loyalty and commitment. Supply panels can be helpful and efficient as they avoid the costs associated with ongoing tendering and sourcing prices. Activity 6 What documented procedures do you normally follow in your organisation (or an organisation you have access to) for: Going to the market with a request for tender? Evaluating responses? Selecting preferred contractors? Developing key performance indicators for a contract? Monitoring contractor performance? Making changes to the procurement management plan? Conducting reviews of procurement activities? If your organisation does not have these documents, how does it affect the ease with which you conduct procurement in your organisation? 34 | P a g e Activity 6 35 | P a g e The Procurement Management Plan3 is a part of the overall Project Management Plan. The document describes how items will be procured during the project and the approach you will use to managing vendors on the project. Specific areas to describe include: Procurement process. This section provides a brief overview of the process requirements necessary to manage procurement of the identified needs. This process should include: Initiating a request Development of requirements (technical, timing, quality, constraints) Request approval Purchasing authority Bid / proposal review Contract management responsibility Contract closure requirements Procurement process flowchart Roles and responsibilities. This section describes the various roles on the project that have some connection to procurement. This section should describe who could request outside resources, who can approve the requests, any secondary approvers, etc. Identified procurement needs. This section details the material, products or services identified for outside procurement. Each listed item should include a justification statement explaining why this should be an outside purchase if there is the possibility of inside sourcing (make vs. buy decision). Timing. This section will describe the timeframe that resources are needed. This will provide a better sense for when the procurement process needs to be started for each item. Change review and approval process. Describe how changes are made to procurement documents to ensure the changes are valid, understood and approved by the appropriate people. Vendor processes. Describe the processes that the vendors should use for timesheet approval, invoice processing, contract renegotiation, status reporting, scope change requests, etc. There may be additional information in the plan as well to ensure the procurement process is understood and managed effectively. Planning of project procurements is carried out within the procurement process and results in developing a plan4. A procurement plan is a convenient tool for organizing and managing activities and tasks related to the procurement management process. A template of the plan is to be designed by the purchasing department in cooperation with the project manager. A project procurement plan should be reviewed and approved by the project manager before any supplier relationships get started. 3 Source: Method 123, as at http://blog.method123.com/2015/05/04/six-components-of-aprocurement- management-plan/#!prettyPhoto, as on 21st October, 2016. 4 Source: My Management Guide, as at http://www.mymanagementguide.com/projectprocurement- management/, as on 21st October, 2016. 36 | P a g e A project procurement plan template documents: Deliverables to be procured by proposed agreements/contracts. Effective resource management strategies for negotiating and managing the agreements/contracts. The need for staged delivery and desirability of testing the procured items before introducing them into the implementation process (this item is optional). The chosen procurement method (payments, expressions of interest, request for price/quote, request for tender). Key stages of the process for selecting suppliers and vendors. The model of procurement funding. The sample of procurement contract/agreement. References to quality approvals, quality assurance and risk management. Obtain information from suppliers capable of fulfilling procurement requirements 37 | P a g e Conducting contracting and procurement activities Once the procurement needs have been identified and procurement processes agreed, the next step is to manage the contracting and procurement activities. Conducting contracting and procurement activities is depicted in the shaded area in Figure 5 below: Figure 5 – Conducting contracting and procurement activities Determining procurement requirements Proponent Phase Approval Phase Establishing agreed procurement processes Implementation Phase Conducting contracting and procurement activities Implementation Phase Implementing the contract and/or procurement Completion Phase Managing contracting and procurement finalisation activities Procurement activities that need to be managed may include: obtaining quotes from potential suppliers identifying OHS issues which form part of the contract requirements obtaining approvals form higher project authorities receiving products or services providing formal notice of delivery of products and services planning, specifying and or conducting test and acceptance procures maintaining registers and lists processing payment documentation liasing with clients, contractors and subcontractors Conducting transfer and disposal actions. Your project team may gather information on potential suppliers in a range of ways. A tender asks prospective suppliers to provide you with the information you specifically request. This is usually done at no charge to the buyer. Depending on the size of the purchase and your organisation’s procurement policies, you may decide to gather information for purchasing decisions by: 38 | P a g e phoning and making enquiries asking the options of experienced personnel about particular or products or contractors reviewing national standards and checking for compliance doing site inspections asking for sample products and deliverables for examination site visits consulting existing databases or catalogues Asking prospective sellers to make a presentation. Activity 7 Select a product or service you will be buying for a project you are currently managing (or a fictitious project). Delegate the responsibility for sourcing suppliers to a member of the project team. After they have presented you with alternative suppliers analyse their performance using the tasks and questions listed below. Describe the product or service you will be buying. How did the project team member find the suppliers? What documents did they use to assist them in sourcing suppliers? Describe what you know about each supplier and any issues that arose during the sourcing process that may have improved or reduced their chances for selection. How well did the project team member complete this task? What advice would you give to ensure improved outcomes next time? 39 | P a g e Activity 7 Calling for submissions Many organisations source potential suppliers by going to the marketplace by using a tender. Tender submissions are known as a “Request for Tender” (RFT). Among the ways that organisations release tenders are: advertising in newspapers, trade magazines or Internet procurement websites using lists of pre-qualified suppliers Approaching prospective sellers directly. The documents sent to each prospective supplier are those that were developed in the contracting and procurement planning stage. The quality of the documentation you provide potential suppliers with will, in part, determine the quality of their submissions or tenders. Some organisations hold briefings prior to the tender submission date and provide a contact person to clarify any queries about the RFT document to encourage higher quality responses from prospective suppliers. RFTs should be released in accordance with your organisation’s policies and procedures. Responses and submissions received should be acknowledged, usually in writing, as they are received, as they constitute a formal legal offer to provide the products and services specified in the RFT document. Once the deadline for submission has been passed, the next step is to evaluate each submission. Determine or adopt established selection processes and selection criteria, and communicate to vendors to ensure transparency 40 | P a g e The evaluation criteria Received tender submissions should be evaluated against the criteria established in the contracting and procurement planning stage. Typically selection criteria will check for: the organisation’s ability or capacity to provide the specified products and services technical knowledge, qualifications or experience of relevant personnel ability to meet budgets and timelines innovation or the ability to ‘add value’ insurances, such as professional indemnity Experience in having provided similar products or services for a similar project or organisation. Some criteria will also include a request for information about occupational health and safety, policies and procedures and financial viability which may be mandatory. Failure to satisfy these mandatory criteria means that the prospective supplier is immediately disqualified from the selection process. In your evaluation process you should: disqualify suppliers or contractors who clearly do not meet your criteria review the suitability of the products and services the suppliers or contractor offers compare price and value for money Consider and rate them against the criteria using a weighting system to assign a ranking for each submission. Weighting Systems Some evaluation criteria are naturally more important than others when evaluating tenders. Quality would be especially important if your organisation was purchasing aircraft engines and would outweigh the price criteria in importance. The ability to deliver products or services on time may be crucial criteria if you are purchasing food, which may spoil and become unusable. Organisations often develop a weighting system as a method to prioritise the more important criteria, quantify qualitative data and increase the objectivity of the evaluation process. They are also a way to minimise the risks associated with obtaining products and services from an external supplier. Price is often excluded from the weighting system. While price is an important consideration in selecting suppliers, it is not the only criterion that must be satisfied. Organisations often look for “value for money” before considering the supplier’s price. Consequently, price is often excluded from the weighting system and is only considered after a short list of suppliers has been established after the submissions have been evaluated. 41 | P a g e In a weighting system, each evaluation criteria is assigned a numerical figure based on their importance. Mandatory evaluation criteria are not usually included, because suppliers who do not meet them have already been excluded in the first stage of the evaluation process. Each potential supplier is assigned a rating against each of the criteria. The results may be added or multiplied to establish a ranking for each supplier. The supplier with the highest ranking is usually selected as the preferred supplier. If the rankings are close, you may ask the suppliers to present more information, make a presentation or meet with them to discuss their proposal in more detail to assist you in selecting the preferred supplier. Sometimes organisations will ask an independent panel of experts or people outside the organisation to provide advice to assist, particularly if it is a large or complex supply contract. Other tender documentation There are many documents that are developed in the course of a tender. You have already reviewed some tender evaluation criteria. Two other key documents arising from the selection process are: The selection report which details short listed tenders and makes recommendations about who is the preferred tenderer and why. Evaluation or selection criteria are used as the basis for recommendations. The contract which will detail what products and services are to be provided, standards that must be met or maintained, terms and conditions, payment schedules, dispute resolution processes. Advice on running a tender Most organisations develop a body of knowledge about how to run a good tender and what methods are likely to provide them with the best products and services at competitive prices. Speaking with experienced people about how best to run a tender, and what pitfalls to avoid, will help to build your skills and knowledge about procurement and contracting. 42 | P a g e Activity 8 Interview a senior project or program manager and ask them to walk your through a tender selection process. Ask the following questions: What were the key stages or milestones and the timeframe for the tender? Who was on the tender selection panel and why? What documentation was involved in the process (documentation from both the organisation seeking tenders and the tenderers in their responses)? What are the key things to remember when running a competitive tender? What are the pitfalls that need to be avoided? 43 | P a g e Activity 8 Supplier qualification screening process5 To avoid the dire outcomes of supplier non-performance, buyers typically take proactive steps to verify a supplier’s qualifications prior to awarding them a contract. The primary goal of “supplier qualification screening” is to reduce the likelihood of supplier non-performance, such as late delivery, non-delivery, or delivery of non-conforming (faulty) goods. A secondary goal is simply to ensure that the supplier will be a responsible and responsive partner in the day-to-day business relationship with the buyer. Supplier qualification screening involves many aspects, which are outlined below. Reference checks The buyer may contact previous customers and ask about the supplier’s Delivery performance, adherence to contract terms, what (if any) problems arose and how they were resolved, etc. Financial status checks The buyer may use published supplier ratings (e.g., Dunn and Bradstreet) to determine the supplier’s financial status and likely financial viability in the short to medium term. For example, if the supplier has recently assumed significant debt, this may raise red flags about the possibility the supplier will declare bankruptcy before fulfilling its obligations to the buyer. Surge capacity availability The supplier’s capacity to increase delivery quantities within short lead times is important as the buyer may be uncertain about their exact quantity needs over the life of the contract. This is particularly true for long-term contracts where demand for the buyer’s product may be heavily tied to unforeseen market events (e.g., demand for an airplane manufacturer’s products are highly dependent on the overall economy, which in turn periodically goes through periods of growth and contraction). Surge capacity is available when a supplier has access to second or third shifts, overtime, underutilized facilities, etc. Indications of supplier quality The buyer might require that suppliers have ISO 9000 certification (or similar), indicating that the supplier has policies, procedures, documentation, and training in place to ensure continuous adherence to quality standards. However, in some cases the certification documents can be misleading and/or easily forged. To actually see if an adequate level of quality is achievable, the 5 Source: University of Michigan, as at http://wwwpersonal.umich.edu/~dbeil/Supplier_Selection_Beil- EORMS.pdf, as on 21st October, 2016. 44 | P a g e buyer may have to look deeply into the supplier’s organisation to ensure the supplier is capable and competent to meet the buyer’s specifications. Ability to meet specifications To rigorously check the supplier’s capabilities the buyer might: (i) Request samples of supplier products and test the m to ensure conformance to the buyer’s requirements. (ii) Visit the supplier’s production facility and interview line workers and engineers to ensure that all members of the supplier team understand the critical features of the product in their charge. For example, a buyer seeking to purchase tires from a supplier may interview the design engineers to ensure they understand each aspect of the tire’s design (for instance, the role of gum strips in preventing tread separation at high speeds). (iii) Audit the production facilities to ensure that production can and will only proceed in a manner approved by the buyer. For instance, the buyer may require the supplier to restrict their production to small batch sizes in order to prevent contamination outbreaks from spoiling the entire production run. Buy-in from internal customer(s) Because the buyer typically acts on behalf of an internal customer within the buyer’s organisation, buy-in from this internal customer is a crucial step prior to contracting. For example, suppose the buyer is purchasing a complex circuit board on behalf of the engineering department (which owns responsibility for this component). To ensure that the internal customer has confidence in the supplier and is willing to work with the supplier, the buyer will set up meetings between the buyer firm’s engineers responsible for the part and the supplier’s engineers who would be responsible for producing it. Supplier qualification processes are costly and can be time-consuming. As described above, the processes can involve travel to distant supplier sites. Interviews with suppliers and suppliers’ customers are time-consuming. Moreover, the entire process involves not only the buyer but also internal customers throughout the buyer organisation. Consequently, qualification can take weeks or months — even for commodity-type parts such as printed circuit boards. Obtain relevant approvals for procurement processes to be used 45 | P a g e Having selected the preferred supplier, the final stage of the selection process is to negotiate a contract with the supplier. Contracts can be relatively simple, such as a purchase order, or highly complex. In some instances, having made the decision about which supplier to use, the procurement is simple: The product is ordered The product is received The product is registered as received The product is checked for quality Payment is authorised. Good documentation is essential to this process and in your organisation you should be able to locate examples of standard forms such as reconciliation orders, purchase orders, or supplier files which document what is ordered from suppliers, and provide authorisation for payment. If the purchase is not simple then a contract is required to ensure the supply of the products or services over a longer period of time. Outside experts may be used to write and negotiate contracts. However, project team members are often present during the negotiation process. Whatever the level of the complexity, contracts are mutually binding legal agreements which detail the obligations of the buyer and the seller. The seller is obliged to provide the products and services specified in the contract, and the buyer is obliged to provide assistance where required, and to pay the seller. Other obligations may be placed on either party, depending on what is contained in the contract’s terms and conditions. Contracts are subject to legal remedies in the courts. Therefore, it is good practice to put a lot of effort into writing a contract that has clear terms and conditions. Most contracts will provide information on: the work to be completed time for completion roles and responsibilities of the buyer and seller price of products and services payment schedule acceptance criteria warranties product support and after sales services liability limitation statement fees retainers penalties for non-compliance incentives insurances change request processes termination Dispute resolution mechanisms. 46 | P a g e Having a well written contract helps to pre-empt problems from occurring during the contract such as delays, disputes or other issues which impact on project objectives. Not only will these go a large way to avoiding breaches of contract which may result in costly litigation, but it also facilitates smooth contract administration. Common problems with poorly written contracts that should be avoided include: a poorly defined specification poorly defined acceptance criteria failure to specify how contractor performance will be monitored unclear dispute resolution processes Lack of change control processes. Activity 9 Outline what you think are the most important characteristics of a good contract. What assistance do you normally seek or require when writing contracts? What are some of the common problems you may experience or have experienced as a result of a poorly written contract? 47 | P a g e Activity 9 Identify and act according to probity and project governance constraints 48 | P a g e The next stage in contracting and procurement after you have contracted the preferred supplier (now known as the “contractor”) is to manage the contract. Figure 5 shows how contract management relates to the overall contracting and procurement process. Figure 5 – Implementing the contract Proponent Phase Approval Phase Implementation Phase Determining procurement requirements Establishing agreed procurement processes Conducting contracting and procurement activities Implementation Phase Implementing the contract and/or procurement Completion Phase Managing contracting and procurement finalisation activities Contract management, also known as contract administration, ensures that both you and the seller meet your contractual obligations and have your rights protected. The legal ramifications of contract management mean that you will require access to specialist legal advice, particularly on larger, more complex projects. Contract management is therefore a vital component of the contracting and procurement process. To a certain extent, contract management is only as good as the terms and conditions of the contract. 49 | P a g e Communicate agreed proposals and/or specifications to prospective vendors to ensure clarity of understanding of project objectives Effective contract management However, effective contract management is not the only factor besides having a clearly defined, well written contract to ensure contract management runs smoothly. Investing some time in planning how the contract will be managed also goes a long way to ensuring a successful contract management process. Effective contact management involves: checking that specified products and services are delivered on-time in the right quantities checking the contractor’s performance against any key performance and quality measures monitoring the progress of the work paying the seller according to the terms and condition of the contract reporting any performance problems, and seeing they are rectified dealing with change or variations to the contract that may be necessary maintaining all documents so there is a clear record of contractor performance managing the risks arising throughout the contract Following defined procedures to manage early terminations. The contract management plan should contain actions, documents, policies and procedures which indicate how each of these points will be managed. As project manager, you will most likely work closely with a specialist contract manager. You will need to develop key performance indicators for delivery timelines and quality of the products and services to be provided. You may also conduct inspections, audits or reports to reviewing the contractor performance. You may also need to present any such review report to the project manager or more senior executives. 50 | P a g e Activity 10 Think back to a contract you managed, or have been exposed to, in the past. Answer the following questions about how effective the contract management process was: What was the contract for? Were the key performance indicators for the contract? What were the key performance indicators for the contract? How did you monitor the contractor’s performance? Who was involved form your project team in the contract management process? How well did your project team members manage the contract? What worked well? What went wrong or could have worked better 51 | P a g e Communication Another crucial factor in contract management is the communication between the buyer and seller. Contracts are easier to manage if you approach the buyer/seller relationships as a partnership where you are trying to accomplish mutually beneficial goals. A characteristic of smoothly managed contracts is frequent, effective and open communication between the buyer and seller. Communication can be both formal and informal, spoken or written, or conducted face to face, via telephone or email. Usually, a combination of these types of communication is used. Contract terms and conditions will often require written documentation for certain types of communication, such as warning of unsatisfactory performance, contract change requests, or invoices. Activity 11 For the same contract you discussed in the previous activity, answer the following questions about the communication process you used with the contractor throughout the contract: What methods did you use to communicate throughout the contract? How often did you communicate to discuss the contract? What thins did you need to express in writing under the terms and conditions of the contract? What do you think are the most important things to remember when communicating with a contractor? How well did your project team members manage the contract? 52 | P a g e Activity 11 Solicit vendor responses according to proposal requirements Creating a supply base Suppliers who have passed the qualification requirements and are eligible for contract award are commonly referred to as “pre-qualified” suppliers. If the buyer utilizes short-term contracts and frequently re-procures the same item, it typically makes sense to establish a cohort of pre-qualified suppliers who will compete for these contracts. Even if the buyer uses long-term contracts for individual items (meaning contracts for individual items are infrequently re-bid), it might still make sense to use a pre-qualified supply base: If the supply base members can potentially supply many 53 | P a g e different items, they can compete to produce whichever item’s long-term contract is up for rebidding. Finally, using a supply base not only reduces qualification screening costs but also allows for the development of standardized contracts, terms and conditions for pre-qualified suppliers, thereby streamlining administrative processes involved in contracting. Information requests to suppliers Once the buyer has identified potential suppliers, the next step in supplier selection is to formally request that the suppliers provide information about their goods or services. While there is no agreed-upon terminology, generally the buyer makes one of three types of information requests to suppliers. The request types, each appropriate for a different situation, are described below. Request For Information (RFI) is issued when the buyer seeks to gain market intelligence regarding what alternatives and possibilities are available to meet the buyer’s needs. Typically the buyer asks suppliers what goods and services they could potentially provide, what differentiates them from other vendors in the marketplace, etc. With an RFI the buyer does not state a particular intention to award a contract. However, since responding to an RFI is time-consuming for suppliers, generally suppliers will only respond to the RFI if they expect that the buyer will eventually issue an RFP or RFQ, which is discussed below. Request for Proposal (RFP) is issued when the buyer has a sense of the marketplace and has a statement of work which contains a set of “performance” requirements which it needs fulfilled. For example, the RFP may describe a formed part with certain strength, flexibility, and fire resistance requirements, but not specify the particular composition of the material. Suppliers respond to the RFP with details on how they would satisfy the buyer’s performance requirements and the price they would be willing to accept to do so. Upon learning the supplier’s proposed pricing, the buyer may revise its requirements and/or negotiate exact terms with suppliers. Thus, the process is generally iterative. An RFP is appropriate for procurement of items that are non-standard or highly complex, requiring supplier input and expertise about the best way to meet the requirements set forth in the RFP. Request For Quote (RFQ) is issued when the buyer can develop a statement of work that states the exact specifications of the good or service needed. This is the case, for example, if the buyer seeks a part made of a particular plastic and formed to a specific set of thickness, density and shape specifications. RFQs are often used in conjunction with highly structured competitive tendering processes. Typically there is no need for detailed negotiations with suppliers after bid receipt, as lowest price or some other objective criteria is used to evaluate bids. Due to their up-front specification requirements, RFQs are appropriate for procurement of items that are standard and well-known in the marketplace. For example, in the electronics industry this would include commodity components such as cables, connectors, and circuit boards. Evaluate responses, select preferred vendors according to current legal requirements, and agreed selection criteria The supplier selection process culminates in a contract between the buyer and one or more suppliers. The information received from suppliers via the requests ultimately must be translated 54 | P a g e into formal contractual terms before contracting can occur. A contract with a supplier specifies what the supplier should do and how they will be paid by the buyer. At the highest possible level, contract terms relate to either monetary transfers (payment terms) or how the contract will be executed (non-payment terms). Contracts can specify any number of payment and non-payment arrangements. A few common ones are listed here to provide the reader with a sense of what types of contract terms the buyer might consider during negotiations and when making a contract award decision. Payment terms In a fixed-price contract, the price term specifies what the supplier will be paid regardless of the actual cost to execute its contractual obligations. In a cost-plus contract, a formula is specified which determines how much the supplier will be paid; for example, under a cost-plus contract the supplier could receive a fixed percentage (e.g.107%) of the total cost incurred, or simply receive payments for time and materials. Various payments can also be specified as contingent on certain actions by the supplier (these can also take the form of penalties). Examples include a payment made only upon delivery or upon maintaining a certain target inventory service level, an award fee granted for meeting budget targets in a cost-plus contract, an award fee for completing the project within a certain timeline, etc. Liquidated damages clauses can be used to specify an amount that either the buyer or supplier must pay to the counterparty upon breaching the contract. Non-payment terms The contract can specify all kinds of details related to how the contract will be executed, for instance, delivery quantities, delivery frequencies, delivery locations, service level, quality level, technical specifications, duration of the contract, etc. Contracts where goods must be transported typically assign “incoterms” (see [12]) defining the precise point at which the buyer takes control of the shipment (and hence the associated costs and risks). Negotiate with preferred contractor or supplier, to agree on terms and conditions of supply Negotiating the contract Contract negotiation is all about clarifying the terms and conditions of the contract so that the buyer and seller reach mutual agreement prior to signing the contract. When conducting contract negotiations, your goal should be an agreement where the goals of both yourself and the seller are achieved. Otherwise known as a ‘win win’ approach, a contract negotiation achieving this outcome facilitates a cooperative working relationship which will be crucial in the contract administration phase. If you negotiate a contract with your preferred supplier and you end up ‘winning’ more than they do, then this may potentially lead to resentment towards you by the seller. This is known as a ‘win-lose’ approach. The seller’s motivation to perform may suffer. If you negotiate a contract in which you drive a very hard bargain, your preferred supplier may become so resentful they may walk away 55 | P a g e from negotiations completely. This is called a ‘lose-lose’ situation. Both ‘win-lose’ and ‘loselose’ approaches, apart from breeding resentment and ill-feeling between you and your preferred supplier, cause delays in signing the contract and obtaining the required products and services, which may delay a project’s progression and impact heavily on project objectives. Resolving contract management problems As a project manager contract disputes or difficulties will probably be yours to solve. You will need to develop very good communication, negotiation and dispute resolution skills to help you through the process. Negotiation process When making contract award decisions the buyer considers each supplier’s qualifications as well as the contract terms they offer (e.g., price). A supplier’s qualifications are generally considered exogenous, for example, a supplier’s reputation is based on historical performance and is not alterable in the short term. Contract terms, on the other hand, can be “negotiable” between the buyer and supplier. In a negotiation the buyer attempts induce favorable terms from suppliers, and likewise the suppliers attempt to induce favorable terms from the buyer. There are many different 56 | P a g e possible negotiation processes. For convenience we adopt the viewpoint of a buyer when discussing negotiations. For better or worse, negotiations often are viewed as zero-sum games where the buyer gains what the supplier gives up. An extreme example of this is the take it or leave it offer approach whereby a powerful buyer essentially dictates the terms to the suppliers. For instance, the buyer might demand a certain price and simply refuse to consider the supplier unless they agree to this price. Take-it-or- leave-it offers are rather draconian, and buyers may be reluctant to utilize them for short-term gains if suppliers perceive them as unfair. Furthermore, take-it-or-leave-it offers require the buyer to credibly commit to not renegotiate with the supplier should the supplier choose to reject the buyer’s offer. If the buyer cannot make such a commitment, the threat imputed in a take-it-or-leave-it offer is meaningless. Competitive tendering is an alternative way to extract concessions from suppliers whereby suppliers are played off one another. Typically, suppliers simultaneously submit bids (in response to an RFP or RFQ). Competitive tendering approaches differ in the amount of visibility that suppliers have regarding competitors’ bids. At one extreme is the dynamic open-descending-bid format. In this format, suppliers see all bids submitted and can respond by lowering their own bid, until all but one bidder has dropped out. At the other extreme is the sealed-bid format in which each bid is known only to the buyer and the supplier who submitted it. It is also possible that the buyer can utilize neither competition nor take-it-or-leave-it offers. Instead, the buyer and a single supplier might bargain in some general and unstructured way. Negotiation processes in practice may combine take-it-or-leave-it offering, competitive tendering, and bargaining. For instance, the buyer could employ price-based competitive tendering with a reserve price (the reserve price imposes an upper bound on the amount the buyer is willing to pay for the contract and thereby acts like a take-it-or-leave-it offer) to home in on the most promising supplier, then bargain with this supplier to finalize the contract terms. Negotiations do not always take a zero-sum approach. The buyer and supplier can potentially both benefit if they realize their incentives are aligned rather than in conflict. Research to help buyers and suppliers realise shared interests has led to numerous advances in software-enabled “expressive bidding” in combinatorial auctions. For instance, in transportation auctions for truckload procurement, both the shipper (buyer) and the carrier (supplier) benefit if the shipper’s lanes up for bid complement the carrier’s existing transportation networks in a way that minimizes empty truck movements. Activity 12 57 | P a g e Activity 12 Describe one negotiable term of a supplier contract. 58 | P a g e Implement established procurement management plan and make modifications in line with agreed delegations Dispute resolution Not all contracts are easy to manage, particularly if a disagreement arises as a result of a variation, claim, dispute or appeal. Despite comprehensive planning, the future is impossible to predict, and unforeseen events occur which necessitate modification to the contract. You should therefore not only have well defined change control and dispute resolution mechanisms in place, but be prepared to be flexible to accommodate reasonable change requests and modify the contract accordingly. Even if the contract is on your side, sticking to the letter of the law can be counter-productive if you take a tough stance on the suppler, who may begin to resent you, damaging you relationship. Litigation should be used as a last resort, as it is expensive and time consuming. You may end up winning a legal dispute, but still negatively, impact on the project’s schedule, and costs may be significantly affected. In such circumstances, you have to wonder whether resorting to legal action is really worth all the effort or time. Activity 13 Think of a time when you found yourself in dispute with a contractor. Answer the following questions about the dispute: How did the dispute arise? Who was involved? How did you manage the dispute? What policies and procedures were available to assist you in handling the dispute? 59 | P a g e Activity 13 What was the outcome? What actions did you ask your project team members to take to resolve the dispute? Contract award Once the buyer has a sound methodology for evaluating suppliers, the process of contract awarding can begin. During this phase the buyer determines which supplier or suppliers to award a contract to. Supplier evaluation is a key ingredient in this process, but award decisions can hinge on more than just how the buyer evaluates the supplier. 60 | P a g e For example, even if suppliers are closely matched the buyer may choose to award the contract to just one of them. Sole award contracting may be favourable if the scope of work is best accomplished by a single supplier. For example, the contract may require significant capital investments on the part of the supplier and/or buyer, creating strong economies of scale effects. Sole-award contracting may also be used if it is unduly costly or risky to deal with multiple suppliers. For example, the buyer may be sourcing an item with intellectual property value (e.g., fabricating a proprietary part) and need to closely monitor the supplier to prevent leakage of this intellectual property. A buyer outsourcing sensitive back-office operations (e.g., processing of client data) may need to invest a tremendous amount to train its supplier to ensure robust security measures. Likewise, even if one supplier dominates another, the buyer might choose to give business to both of them. Multiple-award contracting can be useful if the buyer wishes to diversify its supply sources to mitigate disruption risks, or if suppliers have insufficient capacity or reverse economies of scale. There are also more strategic reasons for multi-sourcing. For example, a buyer might wish to prevent any supplier from becoming a monopolist, meaning it is the only viable supplier for a particular good or service needed by the buyer. This would happen, for example, if all the supplier’s competitors exited the market due to bankruptcy. A buyer facing a monopolist supplier cannot leverage competition. To avoid this fate, the buyer may award contracts to several suppliers to keep them solvent and thereby encourage their continued presence in future contract competitions. In general, there are many considerations which might tip the scales in favour of one supplier or another. The buyer might deliberately favour incumbent suppliers to foster trust and loyalty or, for example, to avoid the administrative costs of training a new supplier on the buyer’s invoicing and payment procedures. Supplier location may also be a concern in a way not manifested in logistics costs. For instance, if the buyer is potential customers are governments, these customers may be more likely to purchase the buyer’s products when the government’s home suppliers benefit from the purchase. The buyer might also consider supplier diversity objectives when making award decisions. If the buyer organisation has supplier diversity goals, preference is given to historically underrepresented or disadvantaged businesses, such as small businesses, minority- and woman- owned businesses, sheltered work-shops and non-profit organisations, etc. Supplier diversity is typically not legally mandated in private industry, and the amount of preference the buyer grants to under-represented or disadvantaged businesses in any one supplier selection event is typically situation-dependent. However, specifically mandated preferences may apply to government contracts. Regardless of which award criteria are used by the buyer, making such criteria transparent makes it easier for the buyer organisation to monitor its contract award decisions, to ensure the reasons for contract award are sound (e.g., due to the merits of the bid). For example, a “low price wins” rule makes it difficult for procurement managers to “cheat” the buyer organisation by negotiating a sweetheart deal with a supplier in return for a bribe. 61 | P a g e Review progress and manage agreed variations to ensure timely completion of tasks and resolution of conflict within the legal framework of the supply agreement Many contracts specify the provision of goods over an extended duration of time, ranging from weeks to years. Monitoring supplier performance during the life of the contract has several aims. For example, it supports quality if the buyer inspects incoming goods to ensure they conform to quality specifications. Monitoring also supports cost containment: if there is a problem with quality, it can be identified and charged back to supplier. For supplier selection itself, however, monitoring is most important in so far as it helps the buyer make more informed supplier selections in the future. In particular, during supplier evaluation the buyer may consider factors which influence the total cost of doing business with the supplier. Such costs can include, for example, the conformance and non-conformance costs which the buyer anticipates incurring during the life of the contract (e.g., costs of inspections and defect correction, respectively). The buyer may forecast these costs for each supplier. These forecasts can be constructed using historical performance data collected through supplier monitoring. For instance, the supplier’s historical percentage of defective items can inform the buyer’s forecast for nonconformance costs during the life of a contract. (If, on the other hand, the supplier is new and thus the buyer’s protocols require more careful inspection of incoming material (conformance costs), this also needs to be taken into account by the buyer at the time of supplier evaluation. Historical information about supplier performance can also be leveraged during the negotiation process with suppliers. The buyer may choose to directly incorporate this information into a competitive bidding process via a bid mark-up or some other means to send a clear signal to the supplier about the importance of performance. Control Procurement6 Control Procurements is the process of managing procurement relationships, monitoring contract performance, and making changes and corrections as needed. Both the buyer and the seller will 6 Source: Whizlabs, as at http://www.whizlabs.com/blog/procurement-management-part-2/, as on 21st October, 2016. 62 | P a g e administer the procurement contract for similar purposes. Each must ensure that both parties meet their contractual obligations and that their own legal rights are protected. The Administer Procurements process ensures that the seller’s performance meets procurement requirements and that the buyer performs according to the terms of the legal agreement. Control Procurements includes application of the appropriate project management processes to the contractual relationship(s) and integration of the outputs from these processes into the overall management of the project. Control Procurements also has a financial management component that involves monitoring payments to the seller. This ensures that payment terms defined within the contract are met and that seller compensation is linked to seller progress, as defined in the contract. One of the principal concerns when making payments to suppliers is that there is a close relationship of payments made to the work accomplished Inputs Tools & Techniques Project Management plan Procuremen t documents Agreements Approved change request Work performance reports Work performance data Contract change control system Procurement performance reviews Inspection and audits Performance reporting Payment systems Claim administration Records management system Outputs Work performance information Change requests Project management plan updates Project documents updates Organisational process assets updates Inputs Project Management plan The Project management plan describes the need, justification, requirements and current boundaries for the project. It includes: Project Scope Statement: It contains product scope description, service description and result description, the list of deliverables, and acceptance criteria, as well as important information regarding technical issues or concerns that could impact cost estimating, identified constraints may include required delivery dates, available skilled resources and organisational policies. WBS: Components of work that may be resources internally. WBS dictionary: The WBS dictionary and related detailed statement of work provide identification of the deliverables and a description of the work in each WBS component required to produce each 63 | P a g e deliverables. Procurement documents Procurement documents contain complete supporting records for administration of the procurement processes. This includes procurement contract awards and the statement of work. [restrict] Agreements A document that includes terms and condition and other items that buyer specifies regarding what seller is to perform or provide. Approved change request Approved change requests can include modifications to the terms and conditions of the contract including the procurement statement of work, pricing, and description of the products, services, or results to be provided. Work performance reports Work performance reports including the extent to which quality standards are being satisfied, what costs have been incurred or committed, and which seller invoices have been paid, are all collected as part of project execution. A work performance report includes: Technical Documentation: Seller-developed technical documentation and other deliverable information provided in accordance with the terms of the contract. Work performance information: indicate which deliverables have been completed and which have not. Work performance data Work performance data includes The extent to which quality standards are being satisfied The cost that have been incurred or committed Identification of seller invoices that have been paid Tools & Techniques Contract change control system 64 | P a g e A contract change control system defines the process by which the procurement can be modified. It includes the paperwork, tracking systems, dispute resolution procedures, and approval levels necessary for authorizing changes. The contract change control system is integrated with the integrated change control system. Procurement performance reviews A procurement performance review is a structured review of the seller’s progress to deliver project scope and quality, within cost and on schedule, as compared to the contract. It can include a review of seller-prepared documentation and buyer inspections, as well as quality audits conducted during seller’s execution of the work. Inspection and audits Inspections and audits required by the buyer and supported by the seller as specified in the procurement contract can be conducted during execution of the project to verify compliance in the seller’s work processes or deliverables. If authorized by contract, some inspection and audit teams can include buyer procurement personnel. Performance reporting Performance reporting provides management with information about how effectively the seller is achieving the contractual objectives. Payment systems Payments to the seller are typically processed by the accounts payable system of the buyer after certification of satisfactory work by an authorized person on the project team. All payments should be made and documented in strict accordance with the terms of the contract. Claim administration Contested changes and potential constructive changes are those requested changes where the buyer and seller cannot reach an agreement on compensation for the change, or cannot agree that a change has occurred. These contested changes are variously called claims, disputes, or appeals. Claims are documented, processed, monitored, and managed throughout the contract life cycle, usually in accordance with the terms of the contract. If the parties themselves do not resolve a claim, it may have to be handled in accordance with alternative dispute resolution (ADR) typically following procedures established in the contract. Records management system A records management system is used by the project manager to manage contract and procurement documentation and records. It consists of a specific set of processes, related control functions, and automation tools that are consolidated and combined as part of the project management 65 | P a g e information system. Outputs Work performance information It provides a basis for identification of current or potential problem to support later claims or new procurements. Performance information increase knowledge of the performance of the procurement, which support improved forecasting, risk management and decision making, reports also assist if there is dispute with the vendor. Change requests Change requests to the project management plan, its subsidiary plans and other components, such as the cost baseline, project schedule and procurement management plan, may result from the Administer Procurements process. Change requests are processed for review and approval through the Perform Integrated Change Control process. Project management plan updates Following element of the project management plan that may be updated includes: Procurement management plan: The procurement management plan is updated to reflect any approved change requests that affect procurement management, including impacts to costs or schedules. Baseline schedule: If there are slippages that impact overall project performance, the baseline schedule may need to be updated to reflect the current expectations. Project documents updates Organisational process assets updates Elements of the organisational process assets that may be updated include, but are not limited to: Correspondence: Contract terms and conditions often require written documentation of certain aspects of buyer/seller communications, such as the need for warnings of unsatisfactory performance and requests for contract changes or clarification. Payment schedules and requests: All payments should be made in accordance with the procurement contract terms and conditions. Seller performance evaluation documentation: Seller performance evaluation documentation is prepared by the buyer. Such performance evaluations document the seller’s ability to continue to perform work on the current contract, indicate if the seller can be allowed to perform work on 66 | P a g e future projects, or rate how well the seller is performing the project work. Close Procurement Close procurement is the process of completing each procurement. This process documents agreements and related documentation for future reference. This process involves activities like Finalizing open claims, records updating and archiving information for future use. In case of termination of project procurement closure that can result from a mutual agreement by both parties. Additionally, it is important that all documents regarding change orders and other related details are organized and delivered with any other reports regarding the final product. When closing out a project, it is important to make a good record of any changes in procedure that might be helpful in any of your future projects. Keeping good personal records on projects can This process involves activities like Finalizing open claims, records updating and archiving information for future use. In case of termination of project procurement closure that can result from a mutual agreement by both parties. Additionally, it is important that all documents regarding change orders and other related details are organized and delivered with any other reports regarding the final product. When closing out a project, it is important to make a good record of any changes in procedure that might be helpful in any of your future projects. Keeping good personal records on projects can help identify areas where advanced training, or professional mentoring might bolster already strong project management skills. Inputs Project Management Plan Procuremen t documents Tools & Techniques Procurement Audit Procuremen t negotiation Records management system Outputs Closed procurements Organisational process asset updates Inputs Project Management Plan The Project management plan describes the need, justification, requirements and current boundaries for the project. It includes: Project Scope Statement: It contains product scope description, service description and result description, the list of deliverables, and acceptance criteria, as well as important information regarding technical issues or concerns that could impact cost estimating, identified constraints may 67 | P a g e include required delivery dates, available skilled resources and organisational policies. WBS: Components of work that may be resources internally. WBS dictionary: The WBS dictionary and related detailed statement of work provide identification of the deliverables and a description of the work in each WBS component required to produce each deliverables. Procurement documents To close the contract, all procurement documentation is collected, indexed, and filed. Information on contract schedule, scope, quality, and cost performance along with all contract change documentation, payment records, and inspection results are cataloged. This information can be used for lessons learned information and as a basis for evaluating contractors for future contracts. Tools & Techniques Procurement Audit A procurement audit is a structured review of the procurement process originating from the Plan Procurements process through Administer Procurements. The objective of a procurement audit is to identify successes and failures that warrant recognition in the preparation or administration of other procurement contracts on the project, or on other projects within the performing organisation. Procurement negotiation In all procurement relationships the final equitable settlement of all outstanding issues, claims, and disputes by negotiation is a primary goal. Whenever settlement cannot be achieved through direct negotiation, some form of alternative dispute resolution (ADR) including mediation or arbitration may be explored. When all else fails, litigation in the courts is the least desirable option. Records management system A records management system is used by the project manager to manage contract and procurement documentation and records. It consists of a specific set of processes, related control functions, and automation tools that are consolidated and combined as part of the project management information system. Outputs Closed procurements The buyer, usually through its authorized procurement administrator, provides the seller with formal written notice that the contract has been completed. Requirements for formal procurement closure are usually defined in the terms and conditions of the contract and are included in the procurement management plan. 68 | P a g e Organisational process asset updates Following Elements of the organisational process assets that may be updated includes: Procurement file: A complete set of indexed contract documentation, including the closed contract, is prepared for 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. Requirements for formal deliverable acceptance, and how to address non-conforming deliverables, are usually defined in the contract. Lessons learned documentation: Lessons learned, what has been experienced, and process improvement recommendations should be developed for the project file to improve future procurements. Activity 14 A seller is working on a cost reimbursable (CR) contract when the buyer decides he would like to expand the scope of services and change to a fixed price (FP) contract. All of the following are the seller’s options EXPECT: A. Completing the original work on a cost reimbursable basis and then negotiating a fixed price for the additional work. B. Completing the original work and rejecting the additional work. C. Negotiating a fixed price contract that includes all the work. D. Starting over with a new contract. Identify and report procurement management issues and implement agreed remedial actions to ensure project objectives are met7 Risk is omnipresent in business today. But without it, business as we know it might not exist either. To compete, grow, and capture benefit, companies need to take chances; it's what businesses do. Although business risk has existed as long as there has been commerce, the situation is clearly different in the 21st century. 7 Source: 2 Degrees Network, as at https://www.2degreesnetwork.com/groups/2degreescommunity/resources/25-questions-ask-yourself-about-your-procurement-risk-managementapproach/, as on 2st October, 2016. 69 | P a g e However, few companies translate this concern into a formal procurement risk management capability. Most do have risk-management structures within their finance organisations, though this is not necessarily sufficient. Risk should not be measured "opportunistically" (i.e. on a "case by case basis"). There needs to be a structured risk management capability within the procurement organisation. Given today's turbulent supply markets and volatile global business environment, procurement professionals need to make well thought out and robust decisions to not only compete but to survive as well. Procurement has to develop a formal, structured risk management capability which creates visibility into supplier performance and supply risk issues and enable more supplier collaboration. Through active management, procurement must mitigate risk and enable agility. Relevant questions to ask An overview is important 1) You'll want to create an overall risk picture of the risk to your suppliers. Exactly how do you define suppliers to the business? Do you split your business risk and procurement risk into separate silos or are they merged? 2) Is your supply chain dynamic? Have you developed flexible operations, a diversified supplier portfolio, global visibility, and options to scale? 3) Do you know who your partners are and how their operational and financial risk profiles looks like? Which third party vendors and counterparties are there? 4) If you are counting on supplies from a vendor, what happens if you don’t get those raw materials? 5) What risks should be captured? How are they going to be assessed and measured? Do you link your risks with your company's dark spots and general business objectives or is it purely done to ensure compliance? Management plays an important role 6) Do you have buy-in from the top of the organisation? Have you integrated risk management practices across all business functions to ensure understanding, commitment, and alignment? 7) Have you embedded risk considerations into all business operations and linked them with important business processes? 8) Do you consider detectability, detection lead-time, and time to recover, and cost to recover? How do you separate resilience success from failure? 9) Do you have clear risk ownership: a well-defined organisational structure with explicit roles and responsibilities to manage risk? Alternatively, do you have a risk committee? 70 | P a g e Basically, you should have resources who review emerging trends, progress and results. 71 | P a g e Through active management, procurement must mitigate risk and enable agility. Focus on processes is critical 10) Is there a process for identifying critical supply categories? 11) Are vendors segmented to identify and prioritize those critical to business continuity? 12) How is the action planning process implemented and monitored? What monitoring activities are in place to ensure risks are being managed and action plans are followed? Is your action plan funded with appropriate resources to address the core of the risk issues and implement treatment, not just symptomatic relief? 13) Are there proactive risk aggregation activities to ensure 1) risk interdependencies are taken into account and are managed? 2) Costs for managing risks are leveraged effectively? 14) Are risk management processes consistent throughout the organisation and are they linked with other important business processes? 15) Is your company communicating your efforts and results on risk management in procurement? Data is essential (if it is correct) 16) Do you capture enough data to recommend profitable strategies? 17) Does your organisation simulate potential scenarios? Metrics matter 18) Do you have the right analytical tools to identify, measure, and monitor operational risks? These tools should quantify the impacts of the uncertainty, sharpen the company’s view, and correlate to management initiatives. 19) Do you know which kind of supply chain risks you are able to manage well? If not done properly, reporting can be a waste 20) Are your reports focused and relevant? Do they deliver key information in a timely way? 21) What data do you need to capture to produce those reports? 22) Once the data is captured, what types of analytics are necessary to predict and identify risks? 23) Does your reporting include metrics on current risk management efforts, changes in the risk environment, and indicate when intervention is required? 24) Is the reporting visible to the top management? 72 | P a g e 25) Is the reporting structured so it creates visibility on key risk and mitigation strategies and perhaps an overall risk management strategy? What do high performers in procurement risk management do? Are more likely to address supplier and price volatility risks when developing their procurement and category strategies Are more likely to develop innovative ways to monitor risks and implement practices and tools to mitigate risk Are more likely to integrate risk management initiatives into the strategic sourcing process (example: supplier evaluation) Have deep supplier relationships. They collaborate with suppliers to rapidly detect risk and neutralize risk-related issues before those issues become incidents So how can you work with your risk actively? You can develop strategies to avoid or minimize risk exposure (risk anticipation) by: Integrating procurement risk management into each category strategy (differentiation by category) Use dual sourcing and regular negotiations with suppliers to anticipate supply risks related to quality and supply chain disruptions Look at alternative materials (re-engineering) You can continuously track potential risks and raise alerts (risk monitoring) by: Identifying and assessing the level of risk at key stages of the strategic sourcing process Identify, assess, and continuously monitor key risks with critical suppliers at each step of the supply chain Adapt monitoring approaches to categories of suppliers and to different geographies and cultures Use external data sources for continuous monitoring of the supply markets, suppliers' financial health, etc. 73 | P a g e Collaborate with selected critical suppliers and agree on how they can create "early warning systems" You can act quickly and appropriately to minimize realized risks (risk mitigation) by: Developing a process to measure impacts of incidents/alerts and continuously improve risk management practices Integrate the organisation in case of incidents in mitigation plans (who makes, who decides) Put emphasis on the development of mitigation plans for critical suppliers CHECKLIST OF POTENTIAL RISKS IN THE GOODS AND SERVICES PROCUREMENT PROCESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 1. Identifying the need and planning the purchase Developing the specification Selecting the purchasing method Purchasing documentation Inviting, clarifying and closing offers Evaluating offers Selecting the successful tenderer Negotiations Contract management Evaluating the procurement process Disposals Identifying the need and planning the purchase Risk Understatement of need Likely consequences the Purchase of unsuitable product or service Money wasted Need not satisfied Greater Overstatement of the expense Poor need competition Misinterpretation of user needs Totally unacceptable purchase or not most suitable product or service Time lost Increased costs Possible downtime Action Analyse need accurately Analyse need accurately Use functional and performance requirements Improve consultation with users Obtain clear statement of work and definition of need 74 | P a g e Insufficient funding Delay in making the purchase Additional costs for re- tender Obtain appropriate approvals before undertaking process Improve planning 75 | P a g e 2. Risk Impractical timeframe Likely consequences Inadequate responses from tenderers Reduced competition Delivery schedule not met Probity issues Increased procurement costs Misuse of resources Most suitable product not obtained Unethical conduct Developing the specification Risk Likely consequences Narrow definition or Fewer alternatives commercial Most suitable product specification (eg. use or service may not be of brand name) obtained Increased costs Definition of Need not inappropriate product or satisfied Time service lost Increased costs Possible downtime Biased specification Inadequate responses from tenderers Claims of unfair dealings Action Improve forecasting, planning and consultation with users Improve communication with potential tenderers Implement best practice policies, guidelines and practices Maintain ethical environment Improve training of personnel Put suitable controls and reviews in place Consider using a probity adviser Improve communication with potential tenderers Action Define the specification in terms of required outputs Use functional and performance specifications Ensure specification is consistent with needs analysis Improve market knowledge Use functional and performance specifications Use functional and performance specifications Implement a control mechanism to review specification before release 76 | P a g e Inadequate statement of requirements Variety of offers Insufficient responses Products offered not meeting needs Difficult to evaluate Be familiar with requirements Use functional and performance specifications Use an Expression of Interest or Request for 77 | P a g e Information to clarify requirements (be careful not to infringe intellectual property rights or copyright) 3. Selecting the purchasing method Risk Likely consequences Failure to identify Lack of offers from potential sources suitable tenderers Selecting inappropriate method 4. Need to seek offers again Possible cost variations Failure to obtain value for money Purchasing documentation Risk Likely consequences Action Improve procurement planning processes Improve market knowledge Seek industry participation Improve implementation of procurement policies, guidelines and practices Improve tender documentation and clearly identify the evaluation criteria in Request for Tenders Provide staff with appropriate training and experience Action 78 | P a g e Terms and conditions unacceptable to tenderers Loading of costs in offers Having to modify tender terms and conditions Disruption Low response Use standard documentation prepared by Crown Law Select appropriate documentation for purchase type (ie. goods, services, goods and services, or information technology related) Improve tender planning Assess and allocate risks appropriately Consult with Crown Law Use commercially acceptable terms Provide staff with appropriate tender planning and procurement 79 | P a g e 5. Risk Likely consequences Providing inadequate information Loading of costs in offers Variations in offers Having to provide clarifying information, causing delays in tender closing Additional costs Inviting, clarifying and closing offers Risk Likely consequences Failure to adequately Claims of unfair address enquiries practices Offers with from tenderers qualifications by tenderers Withdrawal of offers Actual or perceived favouritism in providing information Complaints from tenderers Withdrawal of offers Action skills Ensure staff have appropriate tender planning and documentation training and experience Improve tender planning and preparation Review tender documents before issuing them and ensure evaluation criteria contain the critical factors on which assessment of tenders will be based Action Implement standardised procedures for responding to enquiries Provide staff with appropriate tender management training and experience Respond in a timely manner to enquiries Allow adequate time for tenderers to respond As above Answer queries in writing and provide copies to all potential tenderers Ensure that all potential tenderers are provided with any addenda 80 | P a g e Actual or perceived breach of confidentiality Complaints from tenderers Mistrust by tenderers Establish formal security procedures Train staff in their obligations Perform regular audits and reviews of security processes Advise tenderers of security measures Insufficient number of Need to undertake process Use appropriate tender 81 | P a g e 6. Risk responses Likely consequences again Increased costs Delayed delivery to the client Poor value for money due to limited competition No response from known quality suppliers Reduced competition Increased costs of products or services Evaluating offers Risk Failure to follow effective evaluation procedures Breaches of security Likely consequences Inconsistent evaluations Possible complaints from tenderers Subjective not objective evaluation of offers Claims of unethical or unfair practices Loss of faith with tenderers Action advertisement strategy to increase competition (eg. consider advertising tenders in other publications as well as the local paper) Provide potential tenderers with advance notice of tender requests Improve tender documentation and specifications Allow sufficient time for tenderers to respond Actions as above for insufficient number of responses Improve your market knowledge Review specifications or conditions Seek feedback from known suppliers on their non- response Action Provide staff with appropriate tender assessment and evaluation training and experience Improve tender assessment and evaluation processes Maintain, audit and review evaluation procedures Ensure that Evaluation Committee members declare any conflicts of interest Maintain, audit and review security procedures Provide staff with appropriate training and experience and monitor performance 82 | P a g e 7. Risk Likely consequences Offers fail to meet needs Need to call tenders again Additional costs Delay in delivery Failure to identify a clear winner Decision made on subjective grounds Claims of unethical and unfair behaviour Complaints from tenderers Selecting the successful tenderer Risk Likely consequences Action Ensure that Evaluation Committee members understand and sign Confidentiality Agreements Improve market knowledge Improve tender documentation Conduct market research Develop functional and performance specifications Ensure evaluation criteria contain the critical factors on which the assessment of tenders will be based and that they are clearly identifiable to tenderers in tender documents Ensure evaluation criteria are appropriate and measurable Ensure that Evaluation Committee members sign Declaration of Conflict and Confidentiality Agreements Action 83 | P a g e Selecting an inappropriate supplier Failure to fulfil the contract Provide staff with appropriate tender evaluation, financial and technical skills training and commercial expertise Improve evaluation procedures Improve evaluation criteria and clearly identify them to tenderers in tender documents Reject unacceptable offers Perform financial, technical and company evaluations before awarding contract Procurement Review Committee to review tender and selection 84 | P a g e 8. Risk Likely consequences Selecting inappropriate product Failure to meet the client’s need Negotiations Risk Not matching the expectations of buyer and tenderer Deadlock on details of agreement Likely consequences Contract disputes Delivery delays Cost variations Reduction in value for money Purchase of less suitable product Inefficient use of resources Delays in delivery Need to restart procurement Possible cost of legal action Action process prior to awarding contract Ensure users are involved in the evaluation/selection process Improve technical evaluation procedures and train staff as appropriate Procurement Review Committee to review tender and selection process prior to awarding contract Action Improve communication, including ensuring that Conditions of Contract form part of the Request for Tender Provide staff with training in contract planning and management Define terms carefully Record each party’s obligations Clarify all ambiguities before signing the contract Look at alternatives to share risk Distinguish between essential and nonessential goals and requirements 85 | P a g e Failure to secure mandatory conditions Inability to finalise contract Delays in delivery Variations in cost Inefficient use of resources Establish baseline before negotiations Distinguish essential goals from others Consider variations to contract Provide negotiators with adequate training Failure to secure agreement in relation to Inability to finalise contract Delays in delivery Ensure potential suppliers aware of Policy 86 | P a g e 9. Risk Crown Contracts Confidentiality Policy Likely consequences Inefficient use of resources Requirement to negotiate with other ranked suppliers Unfair or onerous requirements on the tenderer in the contract conditions Contract disputes Invalidity of contract Legal action Poor supplier/customer relationship Failure to reflect the terms offered and agreed in the contract Contract disputes Legal action Poor supplier/customer relationship Inadvertently creating a contract without the delegate’s prior approval Expense of negotiating out of the contract and paying damages Committing to other associated work prior to main contract existing Contract management Risk Likely consequences Variations in price Cost overruns and foreign exchange Unwillingness of the supplier to accept the contract Delays in delivery Need to restart procurement Action requirements before submitting responses Seek exemption from Crown Contracts Confidentiality Standing Committee Provide negotiators with adequate training and support Negotiate commercial terms Terms should be fair and reasonable Check final draft of contract with successful tenderer Keep records of all negotiations and agreements Procedure in place to ensure delegate’s approval obtained first Provide negotiators with adequate training Action Agree on prices and the basis of prices Agree on a formula for calculating variations Seek legal redress if non- acceptance causes loss Negotiate but retain integrity of the contract 87 | P a g e Failure of either party to fulfil the conditions of the contract Contract disputes Failure to satisfy needs Delays in delivery Downtime Legal action Ensure good contract administration and performance management Hold regular inspections / meetings and ensure progress reports Ensure all staff know responsibilities and conditions 88 | P a g e Risk Likely consequences Action Ensure good record keeping and documentation Maintain up-to-date agency procedures and practices Ensure all staff are suitably trained and experienced in contract planning and management Confirm verbal acceptance of contract with written advice Accept all contracts in writing Ensure approvals are received before allowing work to start Inadequately administering the contract Cost increases Failure of contract Full benefits not achieved Delivery of unsatisfactory product Contract/supply disputes Commencement of work by the supplier before contract is exchanged or letter of acceptance issued Potential liability to pay for unauthorised work Possibility of legal action for perceived breach of contract Unauthorised increase in scope of work Unanticipated cost increases Contract disputes Ensure all contract amendments are issued in writing Record all discussions and negotiations Confirm instructions in writing Loss of intellectual property Loss of commercial opportunity Unwarranted reliance on supplier for product support Ensure suitable clauses are included in the contract Failure to meet liabilities of third parties (eg. royalties or third party property insurance) Legal action Damage to the agency’s professional reputation Check that all obligations are covered in the contract Agree on responsibilities Implement appropriate safety standards and programs Loss or damage to goods in transit Delays in delivery Downtime Liability disputes Include appropriate packaging instructions in specification Agree on insurance cover for supplier to provide Accept delivery only after inspection Know when title of goods is transferred to buyer 89 | P a g e 10. Risk Fraud Likely consequences Misuse of resources Legal action Disruption to procurement activities Key personnel not available Progress on project disrupted Less expertise Evaluating the procurement process Risk Likely consequences Failure to evaluate Failure to improve procurement and procurement and management management processes processes Failure to identify and address problems 11. Disposals Risk Collusive bidding at auction Procurement objectives not achieved Possible failure in the future Likely consequences Not achieving best return Claims of unethical and unfair practices Action Maintain an ethical environment Follow and maintain fraud control procedures Include requirement in specification and ensure compliance in post-tender negotiation Know the market Accept risk and manage possible delay Action Develop systematic evaluation methods, techniques and evaluation criteria Agree on performance criteria (with supplier and customer) Develop good relationships with suppliers Include evaluation clause in the contract Implement performance management strategies Action Set reserve prices Deal with reputable firms Include disposal clause in initial contract Maintain ethical environment 90 | P a g e Inadequate tender management Claims of bias and favouritism to organisations or individuals Reduction in value for money Sell by open tender Document reasons for decision Provide staff with appropriate training 91 | P a g e Conduct finalisation activities to ensure vendor deliverables meet contracted requirements Finalising and reviewing contracting and procurement All projects eventually come to an end. However, projects do not simply stop of their own accord. They require the project team to take active steps to ensure that the contracted products and services are provided, and verified as complete and performing satisfactorily. Accompanying this are administrative activities that must be completed before the project can be declared over. A review of the effectiveness of contracting and procurement activities and performance is also conducted so that lessons learned can be transferred to future projects. Many organisations have checklists, policies or procedures to guide project teams throughout the closure process. Figure 6 shows how finalising and reviewing contracting and procurement fits onto the overall contracting and procurement process. Figure 6 – Contract finalisation and review Contracting and Procurement Planning Proponent Phase Approval Phase Assisting with the selection of the supplier Implementation Phase Contract Management Completion Phase Finalising and reviewing the contracting and procurement process Finalising the contract Some of the steps that might take place in the completion phase of contracting and procurement include: reviewing procurement documentation updating and archiving records completion of financial records testing and inspections fixing any minor defects certificates of completion 92 | P a g e writing to the contractor stating that the project is completed. Activity 15 Describe the practices you would undertake to finalise contracts (in general). 93 | P a g e Activity 15 Review project outcomes using available procurement records and information to determine effectiveness of procurement processes and procedures Reviewing contracting and procurement There is now just one more step to be taken before the contracting and procurement process is completed - conducting a review of the contracting and reviewing process. The review should focus on three aspects: reviewing the contractor’s performance reviewing your project team’s performance reviewing the effectiveness of the contracting and procurement process. The review should reflect on every stage of the contracting and procurement process. All team members should be involved in the review process. Some key issues to consider when evaluating the contracting and procurement process are: Was the contracting and procurement process well planned and comprehensive? Were enough suppliers sourced? Was the project scope clearly specified? Were the evaluation criteria, weighting and scoring system used to select suppliers effective? Was there accountability in all steps of the process? Was the process objective? Were suitably informed, experienced or qualified people involved in the selection process? Were methods such as presentations by potential suppliers, or product samples utilised? Did the products and services purchased delivered their desired benefits to the project? Was the contract was effectively managed? Was sufficient research conducted of the market? Was the relationship between contractor and the project team managed appropriately Did the team communicate well with the contractor? 94 | P a g e Was the project team flexible in accommodating change requests? Most organisations develop a body of knowledge on how to review project contracting and procurement. Policies, procedures and guidelines may exist which you can use to conduct your review. Some of the methods you may use to conduct the review may include: an audit of the contracting and procurement process or contractor performance a review meeting where the project team discusses any issues, problems that arose during the project. It is vitally important that any lessons learned from the review are identified and reported so that contracting and procurement can be improved for future projects. 95 | P a g e Document lessons learned and recommended improvements for application to future projects The final report of the project will include an analysis of the review of project processes and products with recommendations for change and applications to future projects. All team members should contribute to the review process and areas covered would include considerations of all aspects of the projects. Final Project Review8 "Completing a project" is not the same thing as ending the project management process. Simply finishing doesn't ensure that the organisation benefits from the project's outcome. For example, after completing a yearlong project to establish a new quality management process for your organisation, you want to make sure that what you set out to do was actually achieved. Your objective wasn't to simply deliver a process – but rather, to deliver the process that addresses the specific business need you intended to meet. This is the real measure of success. To make the most of the benefits that the project can deliver, however, you also need to check to see if further improvements will deliver still greater benefit. You also need to ensure that the lessons learned during the project are not forgotten. You can more effectively design and execute future projects when you take advantage of lessons learned through experience of previous projects. So how can you properly measure a project's success, and work toward continuous improvement? This is where the process of Post-Implementation Review (PIR) is helpful. It helps you answer the following key questions: Did the project fully solve the problem that it was designed to address? Can we take things further, and deliver even bigger benefits? What lessons did we learn that we can apply to future projects? The PIR Process The key to a successful PIR is recognizing that the time spent on the project is just a small part of an ongoing timeline. For people and organisations that will be working on similar projects in the future, it makes sense to learn as many lessons as possible, so that mistakes are not repeated in future projects. 8 Source: Mind Tools, as at https://www.mindtools.com/pages/article/newPPM_74.htm, as on 6th October, 2016. 96 | P a g e And for organisations benefiting from the project, it makes sense to ensure that all desired benefits have been realized, and to understand what additional benefits can be achieved. When to Review A good time to start thinking about the Post Implementation Review is when members of the project team remember the most – shortly after the project has been delivered, and when most of the problems have been ironed-out. Start to list ideas and observations while they are still fresh in people's minds. However, to adequately assess the quality of the implementation and complete this process, you'll need to wait long enough for the changes caused by the project to truly take effect. There will probably be a period of adjustment before you can finally review the solution as it was intended to operate: you'll likely need to overcome some of the usual resistance to change, hold people's hands while they operate new systems, and eliminate technical problems that didn't emerge when deliverables were tested. You should therefore typically allow a few weeks, or even a few months, before doing the full PIR. Where possible, allow for at least one, full, successful cycle of business before reviewing lessons learned. What to Review Here are some tips for conducting the PIR: Ask for openness – Emphasize the importance of being open and honest in your assessment, and make sure that people aren't in any way punished for being open. Be objective – Describe what has happened in objective terms, and then focus on improvements. Document success – Document practices and procedures that led to project successes, and make recommendations for applying them to similar future projects. Look with hindsight – Pay attention to the "unknowns" (now known!) that may have increased implementation risks. Develop a way of looking out for these in future projects. Be future-focused – Remember, the purpose is to focus on the future, not to assign blame for what happened in the past. This is not the time to focus on any one person or team. Look at both positives and negatives – Identify positive as well as negative lessons. When conducting the review, include the following activities: Conduct a gap analysis. o Review the project charter to evaluate how closely the project results match the original objectives. o Review the expected deliverables (including documentation) and ensure either that these have been delivered to an acceptable level of quality, or that an acceptable substitute is in place. o If there are gaps, how will these be closed? Determine whether the project goals were achieved. o Is the deliverable functioning as expected? 97 | P a g e o o Are error rates low enough, and is it fit for purpose? Is it functioning well, and in a way that will adjust smoothly to future operating demands? o Are users adequately trained and supported? And are there sufficiently enough confident, skilled people in place? o Are the necessary controls and systems in place, and are they working properly? o What routine activities are needed to support the project's success? o If there are problems here, how will these be addressed? o How does the end result compare with the original project plan, in terms of quality, schedule and budget? Determine the satisfaction of stakeholders. o Were the end users' needs met? o Is the project sponsor satisfied? o What are the effects on the client or end user? o If key individuals aren't satisfied, how should this be addressed? Determine the project's costs and benefits. o What were the final costs? o What will it cost to operate the solution? o What will it cost to support the solution in the future? o How do the costs compare with the benefits achieved? o If the project has not delivered a sufficiently large return, how can this be improved? Identify areas of further development. o Have all of the expected benefits been achieved? If not, what is needed to achieve them? o Are there opportunities for further training and coaching that will maximize results? o Could you make further changes, which would deliver even more value? o Are there any other additional benefits that can be achieved? Identify lessons learned. o How well were the projects deliverables assessed, and how well were timescales and costs assessed? o What went wrong, why did these things go wrong, and how could these problems be avoided next time? o What went well, and needs to be learned from? Report findings and recommendations. o What have you learned from this review? o Do you need corrective activity to get the benefits you want? o What lessons have you learned that need to be carried forward to future projects? o Does this project naturally lead on to future projects, which will build on the success and benefits already achieved? How to Review As you perform the post-implementation review, certain methods and practices will help you obtain the best possible information: Define the scope of the review beforehand -The last thing you want to do is to create a political problem. Given the number of people often involved in a project, it's easy to hurt someone's feelings when reviewing the project's success. Clarify your objectives for the 98 | P a g e review, and make your intentions clear – this will better ensure that people share their experiences openly and honestly. Then make absolutely sure that you stick to these intentions, and that people's egos aren't unnecessarily bruised by the process! Review key documents – Gather together the key project documents. This will help you assess the project planning process, as well as the actual benefits achieved through the project. Consider using independent reviewers – Where possible, use outside people in your review process to get an objective, unclouded view of the project. Some people recommend using only independent people in the review, however, you can learn a lot from the perspectives of those who were directly involved in the project – this is why the best strategy is probably to have a balance. Use appropriate data collection – Collect information in the most appropriate way, for example, by using interviews and surveys. Also, test the deliverableyourself; to make sure you get firsthand information. Deliver appropriate reports – Report your findings, and publicize the results. Remember that the PIR is designed to help project managers conduct more effective projects in the future, as well as to measure and optimize the benefits of the specific project being reviewed. Present recommendations – Present the detailed recommendations to the organisation and the project leaders, as well as to customers and other stakeholders. Include as many people as necessary so that you keep – and apply – the bestpractice information in the future. Project Documentation to Archive There are some key project documents that should be retained so that the lessons learned can be easily passed to future projects. This documentation includes: Project Scope Statement Project Team Structure Project Plan (originally baselined and all subsequent re-baselined plans) Issue Management Logs Change Requests and Change Logs Risk Management Report Budget (originally vs. actual) Close-out Project Evaluation Close-out Project Team Evaluation Final Reports and/or Recommendations Transfer of Best Practices An important responsibility for the Project Management Office is to capture and retain a database of “Lessons Learned” from all projects for future reference. This is especially true for new Project Management Offices. To accomplish this, bring project managers together to discuss projects that they have been undertaken over the last 6-12 months. Hold discussions about the lessons they want to pass on to other projects; what should be repeated and what should be avoided as well as any other suggestions for other project teams. 99 | P a g e There are basically two ways of accessing “Lessons Learned and it is either through intranet storage of the information that allows project managers to search the files stored in the organisation’s intranet data bank or via shared network drives that may be accessed through a Windows™ search. Developing an Intranet storage system requires that the Project Management Office set up keywords in the project’s “Lessons Learned” document so that the search tools can return a percentage match, with the higher percentage match documents most likely containing the information that is most relevant to the project manager’s search. Many of these tools will even search inside word processor documents so the Project Management Office may not even need to convert project lesson learned documents to an HTML format. Almost every organisation has shared network drives that are used to keep files so that any number of employees, within the organisation, can easily access the documents. One approach the Project Management Office may take is to store all “Lessons Learned” documents in a single folder or subfolders within one folder. Then, using the advanced features of the search tool built into the Windows™ operating system, a project manager can search that directory folder for specific terms and it will return a list of all of the documents that contain those terms. It does not rank the documents; it just selects those that contain the requested phrase. While this method involves more work to sift through the documents, it is usually easier to start using because it rarely involves the system support staff to set-it up. Activity 16 How would you record lessons learned such that they improve the effectiveness of future projects? 100 | P a ge Activity 16 101 | P a ge Attachment 1 - Key terms in project contracting and procurement9 Contract Management Plan Contract Variation Expression of Interest (EOI) Evaluation Criteria Intellectual Property Probity Purchase Order Risk Management Request for Tender (RFT) Request for Quotation (RFQ) Specification Standing Offer Agreement Tender Tenderer Tender Briefing A document outlining strategies for management of a contract including but not limited to roles and responsibilities, timelines, performance management and financial matters. A contract variation is an additional or alternation of the products or services provided under a contract that is within the general scope of original contract. The first of a two stage publicly advertised tender process. Registration of interest are invited, responses evaluated and short- listed of possible providers identified. The second stage is where short-listed bidders are asked to respond for tender. A list of measures used to assess the suitability of a tender against the tender specifications. Legally protected property such as copyright, patents, and registered designs, as well as ideas and information of commercial value which an organisation has developed. Honest, proper, fair and ethical conduct, especially in relation to tendering processes. A document generated by an organisation’s financial management system which shows that purchase details have been recorded and payment will be made. The identification. Assessment, allocation, mitigation and monitoring of risks associated with a project. A publicly advertised method of seeking offers from providers or suppliers based on a written statement or specification of the required products and/or services. An invitation to selected supplier to make an offer to supply products or services. A RFQ is generally used for low value purchases. A statement which clearly and accurately describes the essential requirements for products, products or services. Specification may also include the procedures by which it will be determined that the requirements have been met. A contract that sets out rates for products and services which are available for the term of the agreement. However, no commitment is made under the agreement to purchase a specified value or quantity of products or services. The process of inviting parties to submit an offer by public advertisement, followed by evaluation of offers and selecting a successful bidder. The document containing an offer from an organisation responding to a request for tender. A party submitting the tender. A forum held where project representative’s briefs prospective tenderers regarding a tender process, and responds to questions. 102 | P a ge 9 Source: The Victorian Government Purchasing Board, available at http://www.vgpb.vic.gov.au. 103 | P a ge LEARNING OUTCOMES After completion of this unit the student have better understanding of: work with others to determine procurement requirements and produce a procurement management plan for a project carry out procurement and contracting activities according to agreed processes monitor activities across a project's life cycle and resolve issues that could affect achievement of project objectives create and maintain procurement records and documentation according to requirements of project and organisation Document a review of procurement management processes and procedures. STUDENT FEEDBACK We welcome your feedback as one way to keep improving this unit. Later this semester, you will be encouraged to give unit feedback through completing the Quality of Teaching and Learning Survey LEARNING RESOURCES Other Learning Resources available to students include: Candidate Resource: BSBPMG518 Manage project procurement PPT Handout TEXTBOOKS You do not have to purchase the following textbooks but you may like to refer to them: Unit Code(s) Unit Title Reference Book/ Trainer & Learner Resource BSBPMG518 Manage project procurement Additional Reference Texts The Business Communication Handbook 7th edition The Principles of Project Management (Merri Williams) Project Management in Practice by Neil D. Pearson Trainer and Learner Resources by LRES Training Management The Business Communication Handbook 7th edition The Principles of Project Management (Merri Williams) Project Management in Practice by Neil D. Pearson Trainer and Learner Resources by LRES Training Management 104 | P a ge STUDENTS’ RIGHTS AND RESPONSIBILITIES It is the responsibility of every student to be aware of all relevant legislation, policies and procedures relating to their rights and responsibilities as a student. These include: The Student Code of Conduct The College’s policy and statements on plagiarism Copyright principles and responsibilities The College’s policies on appropriate use of software and computer facilities Students’ responsibility to attend, update personal details and enrolment Course Progress Policy and Attendance Deadlines, appeals, and grievance resolution Student feedback Other policies and procedures. Electronic communication with students International Students Please also refer to ESOS framework for further details https://internationaleducation.gov.au/Regulatory-Information/Education-Services-forOverseas- Students-ESOS-Legislative-Framework/ESOS-Act 105 | P a ge