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04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 1
CHAPTER FIVE 5-PLANNING PROCESS
5-1 Quality plan5-2 Communication Plan5-3 Implementation Plan5-4 Change Plan 5-5 Risk Plan5-6 Contracting
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 2
Quality
Meskimen’s LawWhen they want it bad,
they get it bad.
4-1 Quality
Quality means many things to many peopleQuality ISO 8402: “the totality of features and
characteristics of a product or service that bear on its ability to satisfy started or implied needs”.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 3
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 4
Definitions: Quality
Fitness for use
Features they want
Customer value
Conformance to specifications.
Problems they don’t want.
Zero defects.
+
+
+
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 5
Quality vs. Grade
• Grade — a category or rank given to entities having the same functional use but different requirements for quality:
– Ford Escort vs. BMW 635i
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 6
Cost of Quality
• Cost of conformance:– Prevention costs– Appraisal (inspection) costs
• Cost of non-conformance:– Internal failure costs — fixes prior to delivery– External failure costs — fixes after delivery
4-1 Quality plan
This plan details :• Quality assurance
– Establish organisational procedures and standards for quality.
• Quality planning– Select applicable procedures and standards for
a particular project and modify these as required.
• Quality control– Ensure that procedures and standards are
followed by the software development team.• Quality management should be separate from
project management to ensure independence.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 7
Process-based quality
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 8
Define processDevelopproduct
Assess productquality
Standardiseprocess
Improveprocess
QualityOK
No Yes
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 9
Quality assurance and standards
Standards are the key to effective quality management.
They may be international, national, organizational or project standards.
Product standards are specifications and criteria for the characteristics of products
Process standards are criteria for the way the products are made
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 10
An Introduction toSix Sigma
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 11
What Is Six Sigma? • Degree of variation;• Level of performance in terms of defects;• Statistical measurement of process capability;• Benchmark for comparison;• Process improvement methodology;• It is a Goal;• Strategy for change;• A commitment to customers to achieve an
acceptable level of performance
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 12
Sigma Level
Defects Per Million Opportunities
Rate of Improvement
1 690,000
2 308,000 2 times
3 66,800 5 times
4 6,210 11 times
5 230 27 times
6 3.4 68 times
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 14
ControlControlDefineDefine MeasureMeasure AnalyzeAnalyze ImproveImprove
Establish standards to maintain process;
Design the controls, implement and monitor.
Evaluate financial impact of the project
Identify, evaluate and select projects for improvement
Set goalsForm
teams.
Collect data on size of the selected problem,
identify key customer requirements,
Determine key product and process characteristic.
Analyze data, establish and confirm the “ vital few “ determinants of the performance.
Validate hypothesis
Improvement strategy
Develop ideas to remove root causes
Design and carry out experiments,
Optimize the process.
Final solutions
Six Sigma Project Phases
4-2 Communications plan
The objectives of the Communication Plan are:
Help manage expectations regarding the project. Ensure methods used for communication will be most
effective. Assure appropriate levels of communication with internal and
external project stakeholders. Provide relevant, accurate, consistent information at all
times. Generate and sustain enthusiasm and support for the project
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 15
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 16
COMMUNICATIONS PLAN OUTLINE MODEL Name of Project:Date: ____________
1. Intended audience(s)?
2. What is the main message we wish to communicate? What are secondary messages, and messages for
different audiences?
3. Time frame?
4. What relevant research, data (surveys, focus group results, similar projects elsewhere, etc.) are or will soon become available?
5. Why communicate? What do we want people to do as a result?
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 17
6. Activities/publications/events associated with the plan
7. Resources required: funds; skills; equipment, supplies; staff time, temporaries, consultants
8. Who has primary responsibility? Who are the collaborators/helpers/supporters?
9. Who is responsible for internal communications around this plan, what needs to be done?
10. How will we evaluate/ /measure the success of the plan?
COMMUNICATIONS PLAN OUTLINE MODEL (cont)
4-3 Implementation plan
This plan details who will be affected, how they will be affected and the plans for transitioning the change.
It ensures you have considered training and after change support, What will happen when the project winds up?
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 18
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 19
Project plan: EHR ImplementationTask Duration Start FinishAssessment 5 days 1/8/06 1/13/06Select product selection group
0.5 days 1/9/06 1/9/06
Select project development team
0.5 days 1/9/06 1/9/06
Complete needs assessments
2 days 1/9/06 1/10/06
Develop project charter
5 days 1/9/06 1/13/06
Develop preliminary budget
3 days 1/9/06 1/11/06
Document current workflows
5 days 1/9/06 1/13/06
Implementation Project Plan Model
4-4 Change Plan
Helpful tools for managing change are :
The Action and/or Issue register and The Change Control form/register.
What these two documents do is : Help you control the issues/risks/actions that people are
raising Help change will affect your project outcomes (time, cost or
scope)
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 20
Change Plan
Change process make sure the change is :
identified and approved.
Just because someone thinks a change would be a good idea doesn’t mean it should be added to your project.
Once you start to deliver something amazing, everyone will want to have a say. The challenge is to manage their expectations without compromising your original plan.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 21
Author: Prof. Dr.Tomas Ganiron Jr 22
Four Project Baselines
• Scope baseline = progressively detailed product description
• Stakeholder satisfaction baseline = project success criteria
• Cost baseline = budget• Schedule baseline = schedule
04/20/23
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 23
Types of Changes
• Scope changes (modify product documentation and often project plan):
– Requirements changes– Clarifications– Site emergencies
• Work changes (modify project plan):– Resource changes– Modified approach– Corrective action
Author: Prof. Dr.Tomas Ganiron Jr 24
Evaluating Change Requests
• All change requests are documented:– Emergency changes are documented after the
fact.– Non-emergencies are documented before
being considered.
• Change requests should be documented by the requestor.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 25
First Level Approvalof Change Requests
• Usually provided by the project manager or a senior team member:
– Are the expected benefits significant enough to merit further investigation?
• Implications:– Must have budget for this work!– Benefits may include cost avoidance– Organizational politics must be considered
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 26
Second Level Approval of Change Requests
• Usually provided by a Change Control Board (CCB):
– Do the expected benefits outweigh any negative impacts?
• Implications:– Must have budget for this work!– Benefits may include cost avoidance– Organizational politics must be considered
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 27
Change Control Board
• A formally constituted group responsible for approving or rejecting change requests.
• Powers and responsibilities should be well-defined and agreed upon in advance.
• On larger, more complex projects, there may be multiple CCBs.
04/20/23
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 28
Change Plan Model
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 29
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 30
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 31
4-5 Risk Plan
Project risk management does not deal with future decisions, but with the future of present
decisions.With apologies to
Peter Drucker
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 32
Definition: Risk
• The possibility of suffering harm or loss. (American Heritage Dictionary)
• The potential for realizing unwanted, negative consequences from an event. (Rowe)
• More things can happen than will happen. (Dimson)
Risks are always in the future!
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 33
Risks, Problems,and Responses
Risk
Risk Response
Problem
Problem Response
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 34
Risk Management Processes: Identify
Prioritize
Respond
Monit
or
Identify
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 35
Two Main Parts to a Risk Statement
• Cause• Source• Event• Condition
• Effect• Impact• Outcome• Consequence
If this happens and we do nothing …
… that this will happen
… there is a very real chance …
Author: Prof. Dr.Tomas Ganiron Jr 36
A StructuredRisk Statement
Given that{cause or condition} …
there is a very real chance that {optional interim cause/effect} …
[such that {this success criteria}will be {affected in this way}.]
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 37
Sample Risk Statement
Given that issues with the customer cannot be resolved in a timely fashion
there is a very real chance thatconfusion and disagreements over requirements may occur
such that our cost and schedule toleranceswill be exceeded.
04/20/23
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 38
Review Project Success Criteria
• Start risk identification by reviewing your project success criteria:
– Product success– Project management success
• Document what could interfere:– Consider causes of problems from past projects– Use risk taxonomies (see next slide)
• Brainstorm what else could go wrong.
Author: Prof. Dr.Tomas Ganiron Jr 39
Risk Taxonomy
• Definition — domain specific classification or categorization of risks.
• Objective — help to ensure that the most common risk causes have been identified.
04/20/23
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 40
Specific classification or Categorization of risks. (A Simple Taxonomy)
• Environment — war, famine, flood, and pestilence; terrorism, pollution
• Economy — currency rate changes, market conditions, competition
• Government — changes in laws and regulations
• Company actions — change in strategic direction, internal politics
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 41
… continued• Stakeholder actions — changes in
requirements, conflicts• Other projects — reliance on their staff or
their deliverables• Planning errors — WBS omissions, estimating
errors• Assumptions and constraints — things that
can go wrong
Author: Prof. Dr.Tomas Ganiron Jr 42
Types of Impacts
• Impacts may affect the project, the business, or another project.
• Typical impacts include:– Cost overruns– Schedule delays– Shortfalls in scope or quality– Stakeholder dissatisfaction– Multiple impacts
04/20/23
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 43
Summary of Key Points
• Risks are always in the future.• You can never eliminate all risk.• Focus your attention on the most severe
risks.
Author: Prof. Dr.Tomas Ganiron Jr 44
4-6Negotiations
Learning Objectives• Upon completion, you should be able to:
– List the six foundations of negotiations– Identify five negotiating styles and four
categories of negotiations– Differentiate interests and positions– Prepare for a negotiation– Recognize and respond to a competitive
negotiation style04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 45
Please allow me to introduce myself …
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 46
We’d like to know a little bit about you for our files …
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 47
Proposed Norms
• Start (and end) on time• Ask questions• Electronics on silent• Short frequent breaks• Have fun!
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 48
Core Concepts
The road to success is always under construction.Lily Tomlin
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 49
Module Overview
• Definitions• Types of negotiations• Should you negotiate?• Six Foundations• Four Stages
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 50
Dictionary Definition
“To confer with another or others in order to come to terms or reach an agreement;
to arrange or settle by discussionand mutual agreement.”
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 51
A Practitioner’s View
“Think of negotiation as a cooperative enterprise: common interests must be
sought.In a good negotiation,
everybody wins something.”
Gerard Nierenberg
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 52
Definition: Successful Negotiation
• Both sides think the other was fair.• Both sides feel the other side cared about their
needs.• Both sides believe the other side will fulfill the
agreement.• Both sides are reasonably satisfied with the
agreement.• Both sides would negotiate together again.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 53
Type III:Transactions
Type II:Relationship
Type IV:Tacit Coordination
Concern for ResultsHighLow
Con
cern
for
Rela
tion
ship
Hig
hLo
w
Type I:Balanced Concerns
Type III:Transactions
Type II:Relationship
Type IV:Tacit Coordination
Negotiating Situations
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 54
… continued
• We will focus on Type I, Balanced Concerns, since that is the situation for most project negotiations.
• Each type of situation assumes that both sides have the same view — we will deal with what happens when the sides have different views later in the program.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 55
Should You Negotiate?
Not … if you are already in agreement.Not … if only one outcome is acceptable.Not … if time is of the essence and a decision
must be made.Not … if potential gains are not worth the
effort to prepare.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 56
NegotiationsIn a typical negotiation, the customer attempts to increase the performance specifications while reducing the schedule and the budgeted cost.
A common negotiation problem is deciding how to deal with the customer ‘s request to lower the price
If it is a competitive solicitation, the customer often will play off one prospective contractor against another to try to maximize his benefit
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 57
Negotiations
Several things can help :
1-A good plan, well explained2-A clear understanding of your risk-response planning ( have you any padding? Any contingency budget?3-Management guidance , or clearance, on how much you can give up
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 58
Negotiations
Several things can help :
4- A complete WBS with activity schedule and cost estimate can help to explain and defend to the prospective customer
5- A reputation for having met prior commitments
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 59
Summary ofKey Points
• Negotiation is part art and part science.• Six Foundations define the concepts you
must master.• Four Stages define the process of
negotiating.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 60
Foundation 1:Your Negotiating Style
Nothing is quite as astonishing as common sense and plain dealing.Ralph Waldo Emerson
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 61
Five Negotiating Styles
Concern for ResultsHighLow
Con
cern
for
Rela
tion
ship
Hig
hLo
w
N2. Collaborate
N1. Defeat
N3. Accommodate
N4. Withdraw
N5. Compromise
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 62
Negotiating Style 5:Compromise
• Find an acceptable agreement:– Meet halfway.– Split the difference.– Look for trade-offs.
• Behavior in thoughtexperiment?
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 63
Negotiating Style 3:Accommodate
• Accommodate the other party’s needs:– Good relationships produce good deals.– Maintain harmony.– Make concessions for the sake of the
relationship.
• Behavior in thoughtexperiment?
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 64
Negotiating Style 1:Defeat
• Defeat the other party at any cost:– Drive a hard bargain.– Total victory is the goal.– There can be only one winner.
• Behavior in thoughtexperiment?
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 65
Negotiating Style 4:Withdraw
• Withdraw and remove oneself:– Keep a low profile.– Results are beyond my influence.– Indifferent; resigned.
• Behavior in thoughtexperiment?
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 66
Negotiating Style 2:Collaborate
• Work to build a win-win outcome:– Form a partnership.– Push for mutual gain.– Focus on problem-solving.
• Behavior in thoughtexperiment?
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 67
What Style Do the Professionals Prefer?
• Of all lawyers:– 65% are consistently collaborative (N2)– 24% are consistently competitive (N1)
• Of those viewed as most effective:– 75% were consistently collaborative– 12% were consistently competitive
Study by Professor Gerald R. Williams
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 68
… continued
• Irritators (i.e., insults, attacks):– Average negotiator = 10.8 per hour– Best negotiators = 2.3 per hour
• Emotion-laden comments:– Average negotiator = 6.3%– Best negotiators = 1.9%
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 69
Personal Attributes ofthe Best Negotiators
• Listening skills• Willingness to prepare• Subject matter knowledge• Verbal communication ability• Analytic ability
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 70
Summary ofKey Points
• Most people have a dominant or preferred style.
• Collaborative and cooperative behaviors are most successful.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 71
Module Overview
• Interests and positions• Discovering interests• Different kinds of interests
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 72
Interests vs. Positions
• An interest is a need — it involves emotions and feelings.
Positions are (mostly) measurable and quantifiable.
• Interests are not negotiable — although they may change or new ones may be uncovered.
A position is one way to satisfy an interest.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 73
… continued
• Interests are the criteria we use to assess potential agreements — there are usually many positions that will satisfy our interests.
Positions are what we eventually agree to … but only when they satisfy our interests.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 74
Be Sure to Consider Personal Interests
• Ego, pride, and self-esteem• A need to win or be in control• Acceptance by others• Approval from others• Job pressures
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 75
Summary ofKey Points
• Interests must be satisfied to reach agreement.
• Interests must be known to be satisfied.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 76
Sources of Authorityin Negotiations
• Position-based:– Corporate hierarchy– Documented policies and procedures
• Person-based:– Charisma– Knowledge– Connections
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 77
Leverage
What Does Leverage Mean? the mechanical advantage gained by being in a position to use a lever.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 78
Understanding Leverage
• Leverage and power are not the same — power is objective, leverage is situational.
• Leverage changes over time — the side that most needs the deal now lacks leverage.
• Leverage is based on perception — the facts may not be relevant!
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 79
Three Types of Leverage
• Positive — I have something you want.• Negative — I can cause you pain.• Normative — I can show you to be violating
the consistency principle.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 80
Sources of Leverage
• Time — project deadlines, fiscal year end• Competition — supply and demand• Marketability — name recognition• Opportunity — future business• Investment — emotional, financial• Environment — location, temperature, etc.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 81
… continued
• Information — public reports, body language, spoken comments
• Importance — strategic fit, financial impact• Pressure — from your boss• Composure — staying in control of yourself• Precedent — what happened last time?• Policy — law, ethics, procedures
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 82
Threats
• Threats are usually made when I think I have leverage, but …
• When I make a threat, all of the outcomes mean trouble:
– You back down and resent it.– You don’t back down, I carry out my threat, our
relationship suffers.– You don’t back down, I don’t carry out my
threat, I lose credibility.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 83
Responding to Threats
• Control the urge to retaliate.• Acknowledge that a threat has been made by
explaining how the threat made you feel.• Restate the threat as a question.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 84
Type III:Transactions
Type IV:Tacit Coordination
Type II:Relationship
Concern for ResultsHighLow
Con
cern
for
Rela
tion
ship
Hig
hLo
w
Type I:Balanced Concerns
Negotiating Situations
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 85
Concern for SubstanceHighLow
Con
cern
for
Rela
tion
ship
Hig
hLo
w
Collaborate
Defeat
Accommodate
Withdraw
Compromise
Negotiating Styles
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 86
Concern for SubstanceHighLow
Con
cern
for
Rela
tion
ship
Hig
hLo
w
Collaborate
Defeat
Accommodate
Withdraw
Compromise
Styles and Situations,Matching Views
Balanced Concerns
Transactions
Relationship
Tacit Coordination
Y C Y C
Y CY C
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 87
Match Your Styleto the Situation
• Type IV — Tacit Coordination– Example: getting seated on an airplane– Best strategies: withdraw, accommodate,
compromise
• Type III — Transactions– Example: purchase of a new car– Best strategies: defeat, collaborate,
compromise
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 88
… continued
• Type II — Relationships– Example: marriage, repeat client– Best strategies: accommodate, collaborate,
compromise
• Type I — Balanced Concerns– Example: business merger, project staffing– Best strategies: collaborate, compromise
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 89
Concern for SubstanceHighLow
Con
cern
for
Rela
tion
ship
Hig
hLo
w
Collaborate
Defeat
Accommodate
Withdraw
Compromise
Styles and Situations,Unmatched Views
Balanced Concerns
Transactions
Relationship
Tacit Coordination
Y
C
Y C
Y
C
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 90
Developing Options
• Options are positions that will satisfy someone’s interests.
• More options mean a greater chance of finding a position that will satisfy everyone’s interests.
• Your counterpart’s view of the options may differ from yours.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 91
Preparation Is Key
• Document your analysis — interests, emotions, options, opening positions, giveaways.
• Anticipate their reactions — particularly to your opening positions.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 92
Summary ofKey Points
• Different circumstances require different strategies.
• Tools can be helpful, but the thinking is still up to you.
• Preparation is key.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 93
Summary ofKey Points
• Probe first, then disclose.• Behave purposefully.• Don’t lose sight of your interests.
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 94
4-7 Contracting for Project Managers
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 95
Project Management Processes
Scope definition, cost estimating, scheduling,
risk management, team building, procurement,
change control, stakeholder management, etc.
Projects, Procurement, and Contracts
Procurement Processes
Planning Acquisition Contract Management
Procurement Processes
Contract
Contract
04/20/23
Author: Prof. Dr.Tomas Ganiron Jr 96
Thesaurus (2):Buyer and Seller
• Different names:– Buyer = customer, sponsor, owner– Seller = vendor, supplier, contractor, provider
• Different perspectives:– For the buyer, the seller’s work is usually a
deliverable or subproject– For the seller, the contract is often a complete
project
04/20/23
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 97
4-7 Contracting for Project Managers
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 98
ContractsContracts Definition of Contracts
An agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing.
Development of Contract Law◦ Common law once required all contracts to be
in writing, with a seal affixed.◦ Later, some payment was required before a
contract could be enforced.◦ Mutual promises became enforceable in the
1600’s.◦ By the 1900’s, courts began to consider the
fairness of contracts before enforcing them.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 99
Contracts
• Legally binding obligations may be called:– Agreements– Contracts– Memoranda of understanding (MOU)– Purchase orders– Others?
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 100
Projects, Procurement, and Contracts
Project Management Processes
Scope definition, cost estimating, scheduling,
risk management, team building, procurement,
change control, stakeholder management, etc.
Procurement Processes
Planning Acquisition Contract Management
Procurement Processes
Contract
Contract
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 101
Buyer and Seller
• Different names:– Buyer = customer, sponsor, owner– Seller = vendor, supplier, contractor, provider
• Different perspectives:– For the buyer, the seller’s work is usually a
deliverable or subproject– For the seller, the contract is often a complete
project
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 102
Underlying Philosophy• The buyer and the seller:
– Both want to be successful– Both want the other to be successful– Both see value in the relationship
• The cost of prevention is always less than the cost of the cure:
– Contracts do not solve problems– Contracts help prevent problems
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 103
The Buyer/Seller Relationship
+
– +
–
+
–
+
–Differing Interests
Contract
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 104
Valid Contract: A contract is one which is in full force and enforceable by court of
action
VALID CONTRACT MUST:
A. Be between competent parties.B. Accomplish a lawful purpose.C. Include an offer and acceptance of
that offer.D. Involve an exchange of value.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 105
A. Competent parties:– Legal age– With appropriate authority– Mentally competent
B. Lawful purpose:– Does not violate applicable laws– Compatible with public policy
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 106
C. Offer and Acceptance
• Anything said or done that shows a willingness to exchange value.
• Offers and acceptances may be:– Written– Spoken (with limitations)– Demonstrated through action
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 107
Example of Offer and Acceptance
• Offer — Projects wishes to engage PM Partners for project management consulting and training.
• Acceptance — PM Partners wishes to provide consulting and training to Projects and its clients.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 108
D. Exchange of Value
• Both parties must receive something: – Financial or non-financial– Directly or indirectly
• Also called “consideration”
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 109
Example of Exchange of Value
• Buyer receives:– Financial value — product or service– Non-financial value — lower risk
• Seller receives:– Financial value — payment– Non-financial value — experience
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 110
Is It a Contract?Why or Why Not?
1. Promise to assassinate a political leader?2. Signed by chief engineer?3. Verbal instructions in emergency?4. Employment agreement for $1 per year.5. Verbal promise to build a new plant?6. Written note saying “I owe you $100.”
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 111
Penalties and Liquidated Damages
Contracts often provide that in case of a breach of the contract, the party aggrieved may collect from the other party a certain amount as liquidated damages, or simply damages. The courts will give effect to the intention of the parties provided the amount stated is, as a matter of fact, liquidated damages and not a penalty.
04/20/23 Author: Prof. Dr.Tomas Ganiron Jr 112