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7/29/2019 CEESP Project Management. Unit Eight
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Project Management
Purchasing Management
Lecturer: Javier Daz lvarez
Electrical EnergyConversion andPower Systems
Universidadde Oviedo
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Purchasing Management Plan Procurements
Conduct Procurements
Administer Procurements
Close Procurements
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Purpose
Determine what to procure, when, how and from whom
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We need to use:
Baselines
Scope Cost
Schedule
Requirements documentation
Teaming agreements
Risk Register
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Types of Contracts. Fixed Price
Firm fixed price (FFP). A lump-sum contract under which the
seller furnishes goods or services at a fixed price. The sellerbears all risk, but is compensated with the greatest profitpotential. FFP is the most common contract type, because it isbest suited for situations with reasonably definite
specifications and relatively certain costs
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Types of Contracts. Fixed Price
Fixed price incentive (FPI). A contract in which the buyer pays
the contractor for the actual allowable cost incurred, not toexceed a ceiling price defined in the contract, and thecontractor can earn more or less profit depending on its abilityto meet defined cost or performance criteria. Some sharing of
risk with this contract type exists, but in general, the seller istaking more risk than the buyer. This type of contract is usedprimarily for high-value projects involving long performanceperiods (for example, shipbuilding and major systems
development projects)
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Types of Contracts. Fixed Price
Fixed price with economic price adjustment (FP-EPA). A
contract used when a long-term (multiyear) agreement existswith accommodation to account for the fluctuations ininflation, commodity prices, or other external price increases.This contract type is designed to protect both the buyer and
the seller from external influences outside their control.
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Types of Contracts. Fixed Price
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Plan Procurements
Contract Type Actual Costs Profilt Incentive
FPF. Firm
Fixed Price
No, lump-sum
payment
Defined by the ability to meet
defined cost and performance
criteria
No
FPI. FixedPrice Incentive
Yes, actual cost noto exceed a
ceiling price
Defined by the ability to meetdefined cost and performance
criteria
Yes, given forsuperior
performance
FP-EPA. Fixed
Price withEconomic Price
Adjustment
No, lump-sum
payment adjustedfor inflation rates
or other exteral
monetary factors
Dictated by the ability to meet
defined cost and performancecriteria and the adjustments
made per the external factors
No
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Types of Contracts. Cost Reimbursement
Cost plus incentive fee (CPIF). A CPIF contract allows overrun
or underrun sharing of cost through a predetermined formulafor fee adjustment. The maximun and minimum fees limit thefee in this contract type. If the actual cost is less than theexpected cost, the buyer and seller share the savings. If the
actual cost exceeds the expected cost, the buyer and sellershare the overrun. This contract type is used predoinantly forprojects with long performance periods and substantialhardware development and test requirements
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Types of Contracts. Cost Reimbursement
Cost plus fixed fee (CPFF): A CPFF contract provides for the
reimbursement of allowable costs plus a fixed fee paidproportionately as the contract progresses. Because thesellers fee is fixed, there is no motivation to control costs.Therefor, most risk remains with the buyer. This contract type
is used predominantly for reserch and development projects inwhich the effort required remains uncertain until the project iswell under way.
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Types of Contracts. Cost Reimbursement
Cost plus award fee (CPAF). A CPAF contrct reimburses for
actual costs, but the fee is largely based on the sellersperformance against subjective criteria built into the contract.The buyer determines how well the seller has met thosecriteria.
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Types of Contracts. Cost Reimbursement
Cost plus percentage of cost (CPPC): A CPPC contract provides
for the reimbursement of allowable costs of servicesperformed plus an agreed-upon percentage of the actual costas profit. The seller is only obligated to make its best effort tofulfill the contract within the estimated amount; the buyer
funds all overruns. It is not allowed in the USA.
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Types of Contracts. Cost Reimbursement
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Plan Procurements
Contract Type Actual
Costs
Profit Incentive
CPIF. Cost plus
incentive fee
Yes Allows overrrun or underrun sharing of
expenses through a predetermined
formula.
Maximun and minimum fee limits the
fee in the contract
Yes
CPFF. Cost plus fixed
fee
Yes Fixed fee paid as the contrct progresses No
CPAF. Cost plus award
fee
Yes Dictated by the sellers ability to serve
the subjective criteria dictated withinthe contract and awarded accordint to
the buyers determination that the
criteria have been satisfied
Yes
CPPC. Cost plus
percentage of cost
Yes Calculated from percentage of actual
cost
No
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BuyersRisk
Sellers
Risk
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Plan ProcurementsType of Contrat
CPPC
CPFF
CPIF
CPAF
FPI
FP-EPA
FFP
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Purchasing Management Plan Procurements
Conduct Procurements
Administer Procurements Close Procurements
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Purpose
Obtain quotes or bids, select a seller, and award a contract
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Statement of work
It describes the procurement item in sufficient detail so that
prospective sellers can determine whether they are capable ofproviding the item. It is a narrative description of the productsor services to be supplied under contract.
It is important that the SOW be as clear, complete, and concise
as possible.
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Some tools (I):
Bidder conferences and advertising: Conferences with
prospective sellers are often held to ensure that sellers have aclear, common understanding of the procurement product.Responses to questions must be incorporated into theprocurement documents as amendments so all prospective
sellers remain on equal standing. Advertising also is used toexpand existing lists of potential sellers where appropriate
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Some tools (II-a):
Proposal evaluation techniques:
Wighting system: method of quantifying qualitative data to minimizethe effect of personal prejudice. Most systems involve:
Assigning a numerical weight to each of the evaluation criteria
Rating the proposed sellers on each criterion
Multiplying the weight by the rating Totaling the resultant products to compute an overall score
Screening system: establishment of minimum performancerequirements for one or more of the evaluation criteria. This methodmeans that a prospective seller may be required to propose a projectmanager with specific qualifications befor the remainder of theproposal would be considered
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Some tools (II-b): Seller rating system: tied to evaluation criteria, the seller rating
system is an organizational tool that evaluates considerations likeseller past performance, quality ratings, and compliance.
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Some tools (III):
Independent estimates: preparation of the procuring
organizations own estimate as a reference point against whichcontractor proposals are ompared. Significant differences mayindicate that the Statement of Work (SOW) was not adequateor that the prospetive seller either misunderstood or failed to
respond to the SOW. These estimates are often referred to asshould cost estimates.
Expert judgment: the expertise to review proposals can comefrom many differente parts in the organization
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Some tools (IV):
Contract negotiations: clarification and mutual agreement on
the contract structure and requirements. Subjects ofteninclude responsibilities and authorities, applicable terms andlaw, technical and business management approaches, contractfinancing, and price. Contract negotiation may be a separate
process with inputs and outputs for complex procurementitems.
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Negotiation stages:
Protocol: Introductions are made and the atmosphere is set.
Probing: Negotiators identify issues of concern, as well as thestrengths and weaknesses of the other party.
Scratch bargaining: The actual bargaining occurs andconcessions are made.
Closure: Positions are summed up and final concessions aremade.
Agreement: The final agreement is documented.
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Negotiation tactics (I):
Deadline: imposing a deadline for reaching an agreement.
Surprise: taking the other party by surprise with newinformation.
Limited authority: claiming an inability to finalize theagreement just reached (a stalling tactic).
Missing man: claiming that the person with final authority isabsent.
Fair and reasonable: Offering comparisions to other situations,
for example, to show that the price offered is reasonable Strategic delay: Requesting a recess to divert attention from
the present discussion or to regroup.
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Negotiation tactics (II):
Reasoning together: Collaborating to resolve problems for
everyones benefit. Withdrawal: Making a false attack on an issue and the retrating
(to diver attention from a weakness).
Unreasonable: Making the other partys request appear
unreasonable. Suggesting arbitration: Attempting to scare the other party
into agreement.
Fait accompli (hecho consumado): Claiming that a topic ofdispute has already been decided or accomplished and cannotbe changed
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Contract document (I):
SOW
Schedule basline Performance reporting
Period of performance
Place of performance
Pricing
Roles and responsibilities
Payment terms
Place of delivery
Inflation adjustments
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Contract document (II):
Handling changes
Warranties Limitations of liability
Insurance
Inspections
Delays
Terminations
Subontracts
Peformance bonds
Fees and retainage
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Contract document (III):
Penalties
Incentives Support
Acceptance criteria
Subcontractor approvals
Disputes resolution
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Purchasing Management
Plan Procurements
Conduct Procurements
Administer Procurements Close Procurements
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Purpose
Manage the contract and the relationship with the seller.
Ensuring that the sellers performance meets contractualrequirements
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Some tools (I):
Changes and change control. All contracts should define theprocess by which any changes to the contract (project) can beaccommodated and should include the paperwork, trackingsystmes and approvals necessary for authorizing changes.
Reviews, audits, inspections, and reporting. Processes
designed to assess progress in terms of both process anddeliverables.
Claims administration. It deals with those changes wheredisagreements exist and there is a lack of resolution. Claims
can be generated when cost of a change, existence of achange, or the nature of the change is at issue. They should bedetailed in a disputes clause within the contract.
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Some tools (II):
Records management system. It refers to the specificprocesses for maintaining contractually requireddocumentation within the project management informationsystem.
Undefined work. It becomes an issue when time is of the
essence. The parties would like to proceed with the project,but the price and other important terms and conditions of thecontract have not been specified or agreed to.
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Standard Clauses of Contracts (I)
Changes
Control who initiates a change request Determine how change is funded
Identify final approval authority
Require configuration control
Warranties Establish a level of quality
Express warranty: explicitly stated
Implied warranty: stated as usable
Doctrine of waiver
Relinquishing of one partys rights because of a lack of enforcementof those rights
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Standard Clauses of Contracts (II)
Delays
Identify who caused it and the impact Bonds
Performance bond
Payment bond
Breach Failure to perform a contractua obligation
Material breach is more serious than a contract breach
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Standard Clauses of Contracts (III)
Damages
Punitive damage Damages awarded over and above what will compensate for cost
Activities that punish (or make example) of defendant
Not normally awarded under contract law
Compensatory Damages awarded to cover the loss and nothing more
Force majeure
The Act of God clause
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Elements of a Legally Enforceable Contract
Agreement must be voluntary
People who sign must have legal capacity to do so Cause must be sufficient to contract
Purpose must be legal and must not violate public policy
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Purchasing Management
Plan Procurements
Conduct Procurements
Administer Procurements Close Procurements
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Purpose
Complete the contract and all open issues
Settle the contract
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Topics
Organizing for contract management:
Centralized contracting
Decentralized contracting
Privity of contract
Dealing with foreign currencies and their exchanges
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Centralized contracting
A single function within the company is responsible for theentire contracting process for all projects.
Advantages
More economical
Easier to control overall contracting efforts
Higher degree of contracting specialization Orders can be consolidated across several projects
Disadvantages:
The contracting office can become a bottleneck if several projectshave heavy needs at once
Less attention is given to the especial needs of individual projects
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Decentralized contracting (more used in projectizedorganization)
Each project manager controls the contracting process for hisor her project.
Advantages
Project Manager has more control
Contracting personnel are more familiar with project needs More flexible and adaptable to project needs
Disadvantages:
Duplicationn of contracting efforts across projects Higher costs
No standard contracting policies
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Close Procurements