Contractors & contracts

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Presentation transcript:

Contractors & contracts Project Management Contractors & contracts neil@minkley.fr

Project life cycle Advisability study Feasibility study Business case Charter Planning Execution Closure Budget Project supervision Schedule Project plan Plan implementation Scope Requirements Product creation Product launch

Project plan > Contractors Advisability study Feasibility study Business case Charter Planning Execution Closure Budget Project supervision Schedule Project plan Plan implementation Scope Requirements Product creation Contractors Product launch Statements of Work (SOWs) Selection Contracts

Contractors (1) In-house resources may be insufficient Specific competencies may be unavailable Using contractors may be cost- effective Company policy may dictate use of contractors Project plan Requirements Contractors SOWs Selection Contracts

Contractors (2) Areas of activity for contractors: writing, proofreading, translation art direction, graphic design, UI design animation development software development testing website hosting online payment system etc. Project plan Requirements Contractors SOWs Selection Contracts

Statement of Work (SOW) Requirements analysis Project Quality Review Client & contractor CLIENT Advisability study Feasibility study Business case Charter RFP Requirements / Statement of Work (SOW) CONTRACTOR Requirements analysis Project plan Project Quality Review Response to RFP Scope Scope Schedule Schedule Cost Price

Statement of Work (SOW) (1) Describes project and work to be done Detailed, exhaustive and unambiguous May reuse all or part of the overall requirements specification Project plan Requirements Contractors SOWs Selection Contracts

Statement of Work (SOW) (2) Should be the same for all candidates for a given contract Should contain project context information May require a non-disclosure agreement (“NDA”) Project plan Requirements Contractors SOWs Selection Contracts

Response from candidates Should be detailed, exhaustive and unambiguous A fixed format may be imposed Pricing should be broken down by work packages Project plan Requirements Contractors SOWs Selection Contracts

Identifying candidates Sources: known/approved contractors intra-company contractors networking the web the “Yellow Pages” Avoid candidates that don’t meet basic requirements Project plan Requirements Contractors SOWs Selection Contracts

Selection process (1) Read each proposal and check whether it is complete and complies with requirements in terms of content and format If not, contact the respondent and ask for new version of proposal After reviewing all proposals, meet with each of the respondents retained in short list Project plan Requirements Contractors SOWs Selection Contracts

Selection process (2) Meet at the respondent’s offices Respondent’s staff should attend the meeting Meet the “boss” Don’t believe what the salesperson says! Project plan Requirements Contractors SOWs Selection Contracts

? Selection criteria (1) Project plan Requirements Contractors SOWs Detailed proposal Selection Contracts

? Selection criteria (2) Candidates should describe… Project plan Requirements Contractors SOWs Detailed proposal Selection Candidates should describe… the tools they intend to use, and justify their choice possible constraints and dependencies, and indicate how they would deal with related risks Contracts

? Selection criteria (3) Candidates should mention… Project plan Requirements Contractors SOWs Detailed proposal Selection Candidates should mention… the number and profiles of persons to be assigned to the project other projects that would be executed at the same time as “your project” Contracts

? Selection criteria (4) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts

? Selection criteria (5) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts Company size Financial situation

? Selection criteria (6) Perform a due- diligence investigation! Project plan Requirements Contractors SOWs Perform a due- diligence investigation! Detailed proposal Selection Achievements & references Contracts Company size Financial situation

? Selection criteria (7) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts Company size Financial situation Geographical location

? Selection criteria (8) Proximity vs distance Project plan Requirements Contractors SOWs Proximity vs distance Avoid potential disaster areas! Detailed proposal Selection Achievements & references Contracts Company size Financial situation Geographical location

? Selection criteria (9) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts Company size Financial situation Geographical location Price

? Selection criteria (10) Detailed pricing Project plan Requirements Contractors SOWs Detailed pricing Pricing for multiple product versions and/or maintenance Profit margin = room for negotiation? Detailed proposal Selection Achievements & references Contracts Company size Financial situation Geographical location Price

Reminder: margin & mark-up 100 20 80 Margin (profit) = 20 Margin% = 20/100 = 20% Mark-up% = 20/80 = 25% Cost of project for the contractor Price paid by the client

? Selection criteria (11) Beware of “low- bidding” Project plan Requirements Contractors SOWs Beware of “low- bidding” The lowest price should not systematically determine the choice of a contractor! Detailed proposal Selection Achievements & references Contracts Company size Financial situation Geographical location Price

? Selection criteria (12) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts Company size Financial situation Geographical location Price

? Selection criteria (13) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts Impression given by company’s personnel Company size Work atmosphere in company’s offices Financial situation Degree of confidence displayed Geographical location Questions asked / not asked Price

? Selection criteria (14) Project plan Requirements Contractors SOWs Detailed proposal Selection Achievements & references Contracts Impression given by company’s personnel Company size Work atmosphere in company’s offices Financial situation Degree of confidence displayed Geographical location Questions asked / not asked Price

Selection process (3) Prepare summary table comparing the candidates with respect to the main objective and subjective criteria Weigh “pros and cons” Eliminate candidates one after the other until there’s only one left Project plan Requirements Contractors SOWs Selection Contracts

Selection process (4) The final choice, proposed by the PM, may need to be approved by his/her management Once the choice has been made and validated, the PM takes responsibility for it! Project plan Requirements Contractors SOWs Selection Contracts

Questions?

Contracts A “procurement contract” is awarded to each of the contractors selected for the project Project plan Requirements Contractors SOWs Selection Contracts

Statement of work & deliverables Payment schedule, terms & conditions Contract (1) Contract Statement of work & deliverables Procurement schedule Pricing Payment schedule, terms & conditions Mutually binding legal agreement that obligates… the “seller” to provide specified deliverables in compliance with terms & conditions the “buyer” to compensate the seller for said deliverables

Statement of work & deliverables Payment schedule, terms & conditions Contract (2) Contract Statement of work & deliverables Procurement schedule Pricing Payment schedule, terms & conditions Generally drafted by Legal (department or adviser) Agreement often involves negotiations The PM should participate in negotiations, but does not necessarily lead them

Statement of work & deliverables Payment schedule, terms & conditions Contract (3) Contract Statement of work & deliverables Procurement schedule Pricing Payment schedule, terms & conditions Compensation for the work done: flat fee, possibly paid in several instalments proportional fee, maybe with advance payment licence fee a combination of the above maintenance fee

Statement of work & deliverables Payment schedule, terms & conditions Contract (4) Contract Statement of work & deliverables Procurement schedule Pricing Payment schedule, terms & conditions Should provide for all contingencies such as the contractor’s failure to: complete execution of the work comply with the schedule meet the quality requirements etc.

Statement of work & deliverables Payment schedule, terms & conditions Contract (4) Contract Statement of work & deliverables Procurement schedule Pricing Payment schedule, terms & conditions Throughout the execution of a contract, minutes of important meetings should be taken and decisions confirmed in writing These documents should be filed for reference in case of a dispute or litigation

Contract: main sections Project plan Statement of work & deliverables Requirements Procurement schedule Pricing Contractors Payment schedule, terms & conditions SOWs Roles and responsibilities Subordinate subcontractor approval Selection Transfer of rights & ownership Contracts Inspection and acceptance criteria Warranty, maintenance & support Change request handling Penalties & damages Limitation of liability Insurance Confidentiality Termination and dispute resolution

Questions?