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STUDY NOTES
In Preparation For PMP Certification Exam
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Trademarks
The following are trademarks of International Business Machines Corporation in the United States, or other countries, or both: IBM Lotus, Lotus Notes, Lotus Word Pro, and Notes are trademarks of Lotus Development Corporation in the United States, or other countries, or both.
Microsoft, Windows, Windows NT, and the Windows logo are trademarks of Microsoft Corporation of the United States, or other countries, or both. The following are certification, service, and/or trademarks of the Project Management Institute, Inc. which is registered in the United States and other nations: PMI is a service and trademark, PMI Logo and "PMBOK", are trademarks, PMP and the PMP logo are certification marks. Other company, product, and service names may be trademarks or service marks of others.
Disclaimer PMI makes no warranty, guarantee, or representation, express or implied, that the successful completion of any activity or program, or the use of any product or publication, designed to prepare candidates for the PMP Certification Examination, will result in the completion or satisfaction of any PMP Certification eligibility requirement or standard., service, activity, and has not contributed any financial resources. Initially Prepared By: Kim Ulmer Edited By: Peter Dapremont October 2000 Edition The information contained in this document has not been submitted to any formal IBM test and is distributed on an as is basis without any warranty either express or implied. The use of this information or the implementation of any of these techniques is a customer responsibility and depends on the customers ability to evaluate and integrate them into the customers operational environment. While each item may have been reviewed by IBM for accuracy in a specific situation, there is no guarantee that the same or similar results will result elsewhere. Customers attempting to adapt these techniques to their own environments do so at their own risk. Copyright International Business Machines Corporation 1999. All rights reserved. IBM and its logo are trademarks of IBM Corporation. This document may not be reproduced in whole or in part without the prior written permission of IBM. Note to U.S. Government Users--Documentation related to restricted rights--Use, duplication or disclosure is subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corp.
Reference Material to study: A Guide to the Project Management Body of Knowledge (PMBOK Guide), Chapter 12 (1996 edition) Principles of Project Management, John Adams, pgs. 213-280 The New Project Management, Frame, J. Davidson, Chapter 10 PMP Challenge!, ESI International, Procurement Management Section PMBOK Q&A, PMI, Procurement What to Study?
The PMBOK phases of Project Procurement Management: Procurement Planning,
Solicitation Planning, Solicitation, Source Selection, Contract Administration, and Contract Close-out (Be familiar with Inputs, Tools and Techniques, and Outputs for each phase) VERY IMPORTANT: Understand the viewpoint of the PMBOK. Project Procurement Management is discussed from the perspective of the buyer in the buyer-seller relationship. The buyer is the organization seeking the service or product. The seller is the provider of the service or contract and is referred to as the vendor, the supplier, or the contractor. Project Management should be done by both the buyer and the seller. Understand the definitions and terms. (buyer, seller, express and implied warranties, fitness for a particular use, invitation to bid, request for proposal, etc.) Understand the viewpoint of the reading material. Is procurement management discussed from the viewpoint of the buyer (the organization or person seeking to outsource) or the seller (the person or organization selling their services/products)? Understand the different types of contracts: fixed price, cost plus percentage, cost plus fixed fee, cost plus incentive fee, and fixed price plus incentive fee. Know who assumes the most risk (buyer or seller) in each type of contract. Study examples of each type of contract so that you are comfortable with the different types and can adequately distinguish between each type of contract (especially the various shades of cost plus contracts!). Know the elements of a legally enforceable contract: Mutual assent, consideration must be provided to both parties (sufficient cause to contract), signing parties must have legal right to contract, the contract must have a legal purpose, and the contract must not violate public policy. Be familiar with the reasons for contracting and subcontracting and the risks associated with procurement
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"PMBOK" is a trademark of the Project Management Institute, Inc. which is registered in the United States and other nations. PMI is a service and trademark of the Project Management Institute, Inc. which is registered in the United States and other nations. PMP and the PMP logo are certification marks of the Project Management Institute which are registered in the United States and other nations.
9-4 Project Pprocurement Management Course materials may not be reproduced in whole or in part without the prior written permission of IBM.
Key Definitions
Back Charge Bid Protest Bill of Lading Constructive change Cost of corrective action by purchaser and chargeable to the supplier under terms of the contract. Allows an unsuccessful supplier an opportunity to protest the award of a government contract to another supplier. A receipt issued by a carrier for merchandise to be delivered to a party at some destination. Occurs when the PMs conduct enables performance differing from that prescribed by the contract. The PMs conduct in effecting constructive change may either be affirmative or a failure to act. Not part of change control of contract: For instance, if final product performs better than standard specified in contract, or if the PM increases the quality over and beyond whats stated in the contract. A legal document of purchase or sale which is binding on both parties. When entering into a contract, the people involved must have legal capacity to do so. (the definition of legal capacity varies from state to state). Consideration must be provided to both parties (in other words, there must be sufficient cause to contract). There must be mutual assent. PMBOK equates this with Request for Proposal and recognizes that it may have a more specific meaning in certain application areas. (appropriate for high dollar, standard items.) In order to get an award, a contractor may submit at bid thats unrealistically low. A seller responds to an RFP by developing a proposal. For sanity purposes, the proposal is passed through the pink team once the outline is completed. The pink team looks at the outline through the perspective of the buyer. The purpose of the team is to catch problems with the proposal in the early stages. Based on information gathered and analyzed about demand and supply. This forecast provides a prediction of short and long term prices and the underlying reasons for those trends. The legal relationship that exist between the parties to a contract that allows either party to enforce contractual rights against the other party and seek remedy directly from the other party. Once the proposal is in draft form, it passes through a red team which again looks at the proposal through the buyers perspective. A judicial remedy by which a court interprets the contract so as to express the real intention of the parties (this is different from changes to the contract). A type of bid document used to solicit proposals from prospective sellers of products or services. In some application areas, it may have a more specific meaning. (appropriate for high dollar, non-standard items).
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Contract
Price Forecast
Privity of Contract
Specification
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Process of preparing documents needed to support solicitation. Inputs include: procurement management plan, SOWs, and other planning outputs. Methods include: standard forms and expert judgment. Outputs include: Procurement documents such as IFBs, RFQs, and RFPs. Evaluation criteria: the criteria that will be used to rate or score proposals. The criteria may be subjective or objective. Statement of work updates.
Solicitation (12.3): (Process Group: Executing) The process of obtaining information (bids and proposals) from prospective sellers on how project needs can be met. Most of the actual effort in this process is expended by the prospective sellers, normally at little or no cost to the project. Inputs include: procurement documents and qualified seller lists. Methods include: bidders conferences and advertising. Outputs include: Proposals prepared by the sellers explaining how the seller can provide the requested product or service.
Project Procurement Management Course materials may not be reproduced in whole or in part without the prior written permission of IBM.
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Contract Administration (12.5): (Process Group: Executing) The process of ensuring that the sellers performance meets contractual requirements. Inputs include: contract, work results, change requests, and seller invoices. Methods include: contract change control system, performance reporting, and payment system. Outputs include: correspondence, contract changes, and payment requests.
Contract Close-out (12.6): (Process Group: Controlling) The process of completing and settling the contract including any resolution of open items. Inputs include: contract documentation. Methods include: procurement audits. Outputs include: contract file and formal acceptance and closure.
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Contract Origination
Two ways in which a contract can originate: unilaterally or bilaterally
Unilaterally:
Common form for contract is a relatively simple type of document called a purchase order. A purchase order is used when routine, standard cost items are needed. A purchase order is legally binding and should be specific.
Bilaterally:
Procurement documents are used to solicit proposals from prospective sellers. The procurement document then becomes the basis for the sellers proposal. The following are examples of procurement documents: 1. Request for quotation (RFQ) from different suppliers Items are of relatively low dollar value such as supplies and materials A survey of potential suppliers is completed. The quotation request informing suppliers of the goods or services needed is sent to a scaled-down number of possible suppliers. 2. Request for proposal (RFP): Items or services are usually high dollar and non-standard. Examples: construction project, a research and development project; a made-to-order, highly complex piece of machinery. Blueprints, drawings, specifications, and other appropriate data should be included with proposal.
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9-10 Project Pprocurement Management Course materials may not be reproduced in whole or in part without the prior written permission of IBM.
The following contracts are ordered in increasing risk to the seller and decreasing risk to the buyer:
Cost-Plus-a-Percentage-of-Cost (CPPC):
Seller is reimbursed for allowable costs of performing the contract and receives as profit (a fee) an agreed upon percentage of the costs. No limit on the sellers profit. If the sellers cost increases, so does the profit. Most undesirable type of contract from buyers standpoint. Prohibited for federal government use. Used in private industry, particularly construction projects. Susceptible to abuse. No motivation for seller to decrease costs. The buyer bears 100% of the risk. The buyer project manager must pay particular attention to the control of the labor and material costs so that the seller does not purposely increase these costs. Bottom line: no limit on sellers profit!
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9-12 Project Pprocurement Management Course materials may not be reproduced in whole or in part without the prior written permission of IBM.
Seller Risk
-----------CPFF <-----------
-----------CPIF -------------
Buyer Risk
Contract Incentives Contract incentives are fundamentally designed to provide motivation for desired performance. There is growing recognition that contract incentives are valuable tools to motivate the desired performance. Incentives can be objectively based and evaluated or subjectively based and evaluated Objectively based and evaluated are tied to performance areas like cost, schedule or delivery, and quality Subjectively based and evaluated involve award fees and other special incentives
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CPFF:
Estimated cost: $1,000K Percentage: 10% ($100K) Estimated total price: $1,100K (Estimated cost + 10%*Estimated cost) If cost increases to $1,100K the total price would be $1,100K plus 10% of the original estimated costs = $1,200K.
CPIF:
Estimated cost: $1,000K Predetermined fee: $100K Sharing formula: 85/15 (buyer absorbs 85% of the uncertainty and the seller absorbs 15% of the risk) Actual cost: $800K Savings: $200K Seller gets: $800K + $100K + $30K = $930K (Actual cost + Fee + 15%*Savings) Buyer saves: $170K
FPI:
Target cost: $1,000K Target price: $1,100K Share ratio: 70/30 Target profit: $100K (Sellers fee) Ceiling price: $1,200K (The maximum payout to the seller)
Example A: Actual cost: $800K Savings: $200K (Target cost - Actual cost) Seller gets: $800K + $100K + 60K = $960K (Actual cost + fee + 30%*savings) Buyer saves: $140K Example B: Actual cost: $1,300K Seller gets: $1,200K (no profit and a $100K loss on costs) Buyer loses: $100K (the payout is $100K over Target price = Ceiling Price)
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Specifications:
Either standard in nature where a specific design has been accepted throughout the industry or tailored and unique to the situation at hand. There is a behavioral component associated with the development of specifications: These include: Drive for competency: The person keeps changing the design which results in increasing complexity and cost. (cannot come to a closure) Safety margin coefficient: related to design parameters in terms of how much is enough. At some point, costs increase exponentially, but safety gains do not. Indifference methodology: related to an attitude that promotes a contingency approach to specifications even when not warranted. (Design is too flexible -the engineer or architect is indifferent to the final structure of the product) Monument syndrome: based on the desire to build a product that will last forever regardless of the cost. (i.e., the pyramids) Budget expansion: the designer develops the specifications with an eye to the available funds. The more money available, the more complex and costly the design. Sole-source shelter: specifications are developed so that equipment, materials and supplies are tailored to require the products of a specific manufacturer or supplier. Careful review during the drafting stage of the contract is of extreme importance! Correcting problems after the contract is signed may rarely be done without costly negotiation or litigation.
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Warranties:
The concept of warranty is based on one partys assurance to the other that the goods will meet certain standards of quality, including condition, reliability, description, function or performance. Express warranty: applies when service or product does not meet the level of quality specified in the contract. (Section 2-313(1)(a) of the Uniform Commercial Code) Implied warranty: is measured by merchantability or fitness for a particular use. The implied warranty of merchantability arises in every sale of goods made by a merchant who deals in goods of the kind sold. It means the goods must be reasonably fit for the ordinary purposes for which such goods are used. (applies to goods which can be resold) The implied warranty of fitness for a particular use applies to both merchants and non-merchants, alike. The warranty is implied, if at time of contracting, the seller knows a particular purpose for which the item is being purchased, and the seller also knows the buyer is relying on the sellers judgment in selecting or furnishing suitable goods. The implied warranty is NOT applicable in the following cases:
1. The client PM is knowledgeable of the product, has inspected it, and made his own independent judgment without relying on the sellers skill. 2. The product meets the specifications and plans furnished by the client project manager.
Analogy: If you buy a lawnmower, you would expect it to cut grass. If you use it on the carpet, the warranty doesnt apply.
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Waiver:
The client PM must be continually aware of the waiver pitfall. Under the doctrine of a waiver, a party may relinquish rights he otherwise has under the contract. If the client PM knowingly accepts incomplete, defective or late performance and accepts that performance without objection, the PM has waived his right to strict performance.
Bonds:
Bonds contain penal amounts sufficient to assure performance and payment. When appropriate, bonds are drafted into the contract. Types of bonds: Performance: secures the performance and fulfillment of all the undertakings, terms and conditions of the contract. (The penal amount could be as much as 100% of the contract price such as in construction projects) Payment: secures the payment of subcontractors, laborers, and materialmen by the prime contractor. Additionally, the PM may want to include a contract clause requiring the prime contractor to secure payment bonds from any subcontractor on the project for the subcontractors suppliers of labor and material. Under certain circumstances, fidelity and patent infringement bonds may be required. The Miller Act requires both performance and payment bonds on all but minor construction projects in which the U.S. government is a party to the contract.
Breaches:
Breach of contract: failure to perform a contractual obligation. The measure of the damages for a breach is the amount of loss the injured party has sustained. Materials breach of contract: The non-faulted party is discharged from any further obligations under the contract. The breach is so serious that it also deprives the non-faulting party the expected benefits of the bargain. Time: Should no time for performance be stated or implied in the contract, the performance must be completed within a reasonable amount of time. However, if time is critical, the contract should explicitly state time is of the essence. Time is of the essence: when explicitly stated within the contract, failure to perform within the allotted time will constitute a materials breach of contract and the buyer will not be required to accept late performance.
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Negotiation
Stages of Negotiation:
1. Protocol: Introductions are made, and the negotiators get to know each other. The atmosphere for the rest of the negotiations is determined in this stage. 2. Probing: The negotiators begin the search process. Each party identifies issues of concern. Strengths and weaknesses are identified and possible areas of interest. 3. Scratch Bargaining: This is the essence of the meeting. Actual bargaining occurs and concessions are made. Points of concession are identified. 4. Closure: The two positions are summed up and final concessions are reached. The agreements are summarized and documented. 5. Agreement: The main difficulty in this stage is ensuring both parties have an identical understanding of the agreements. This stage should establish the plans for recording the agreements in a written contract.
Negotiation Tactics:
The PM should be aware of the following negotiation tactics. Imposing a deadline for reaching an agreement A powerful tactic because it implies a possible loss to both parties Other party does not have to accept deadline, but often does Surprise -- One party springs information such as a price change on the other party Stalling One party may claim that an agreement cannot be finalized because he has limited authority and cannot commit the companys resources. A party may claim that the person with final authority is absent. The missing man technique may also be used when the party does not have the information asked for by the other party. Fair and reasonable Negotiator may claim the price for a computer is equitable because that is what another company is paying. Delays Useful when tempers are beginning to flare, a team member is going astray, to divert from a subject, etc. Examples of delays: arrival of refreshments, request for recess, etc. Reasoning together Confusing the other party: deliberately distorting issues and figures. (If this is done, someone should speak up before agreeing to anything) Withdrawal Sometimes done to divert attention from an area of weakness One party may make an attack upon an issue, then retreat. Make the other party appear unreasonable by pointing out all the concessions made by the party Arbitration - a third party may be brought in when agreement cannot be reached. Fait accompli - a party may claim that what is being asked for has already been accomplished and cannot be changed.
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Sample Questions
1. A unilateral contract under which the seller is paid a preset amount per unit of service is called:
A. B. C. D. A cost reimbursable contract A lump sum contract A unit price contract A fixed price contract
4. Which of the following processes involves obtaining information (bids and proposals) from prospective sellers?
A. B. C. D. Procurement Planning Solicitation Solicitation Planning Source Selection
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9. A significant difference between independent estimates and proposed pricing could mean that:
A. B. C. D. The independent estimates are most likely incorrect and the proposed pricing correct The SOW was not adequate The prospective seller either misunderstood or failed to respond fully to the SOW. b or c
11. Which of the following contract types places the greatest risk on the seller?
A. B. C. D. Cost-plus-fixed-fee contract Cost plus-incentive-fee contract Firm-fixed-price contract Fixed-price-incentive contract
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13. A cost-plus-percentage-cost (CPPC) contract has an estimated cost of $120,000 with an agreed profit of 10% of the costs. The actual cost of the project is $130,000. What is the total reimbursement to the seller?
A. B. C. D. $143,000 $142,000 $140,000 $132,000
14. A cost-plus-incentive-fee (CPIF) contract has an estimated cost of $150,000 with a predetermined fee of $15,000 and a share ratio of 80/20. The actual costs of the project is $130,000. How much profit does the seller make?
A. B. C. D. $31,000 $19,000 $15,000 none of the above
15. A fixed-price-plus-incentive-fee (FPI) contract has a target cost of $130,000, a target profit of $15,000, a target price of $145,000, a ceiling price of $160,000, and a share ratio of 80/20. The actual cost of the project was $150,000. How much profit does the seller make?
A. B. C. D. $10,000 $15,000 $0 $5,000
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19. In which stage of the negotiation meeting are points of concession identified?
A. B. C. D. probing closure agreement scratch bargaining
20. Which type of warranty is enacted if a service or product does not meet the level of quality specified in the contract?
A. B. C. D. Implied warranty of merchantability Implied warranty of specified quality Express warranty none of the above
21. Which type of contract provides the highest risk to the owner (buyer) ?
A. B. C. D. Cost-plus Incentive Fee Cost-plus Percentage of Costs Cost-plus Fixed Fee Fixed-Price Plus Incentive Fee
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27. Contract Close-out and administrative closure are similar because the both involve:
A. B. C. D. Administrative close-out and customer satisfaction analysis Product verification, administration close-out, and lessons learned Product verification and administration close-out None of the above
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30. Privity of contract is the legal relationship that exist between parties to a contract that allows:
A. B. C. D. Either party to enforce contractual rights against the other party The buyer to seek remedy against the seller for nonperformance Either party to seek remedy directly from the other party a and c
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Answer Sheet
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. a a a a a a a a a a a a a a a b b b b b b b b b b b b b b b c c c c c c c c c c c c c c c d d d d d d d d d d d d d d d 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. a a a a a a a a a a a a a a a b b b b b b b b b b b b b b b c c c c c c c c c c c c c c c d d d d d d d d d d d d d d d
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Answers
1 C 2 D 3 A 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 B D A D D D D C D A B A D C B D C B C B A D B C D B D
Project Procurement Management Study Notes pg. 9 PMBOK Guide, pg. 125 PMBOK Guide, pg. 125, Particularly if buyer wishes to exercise some degree of influence or control over subcontracting decisions. PMBOK Guide, pg. 129 PMBOK Guide, pg. 128 PMBOK Guide, pg. 131 PMBOK Guide, pg. 1128 PMBOK Guide, pg. 130, Proposals is the other input. Procurement documents are input into the Solicitation Process. PMBOK Guide, pg. 131
Is implied
PMBOK Guide, pg. 127 PMBOK Guide, pg. 131 PMBOK Guide, pg. 133 PMBOK Guide, pg. 127 PMBOK Guide, pg. 128
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I would have answered a larger number of questions correctly Number if I had ___________. 1. Read the question properly and identified the keywords 2. Read the answer properly and identified the keywords 3. Read ALL the answers before answering the question 4. Used a strategy of elimination 5. Known the formula 6. Known the PMBOK definition 7. Checked the mathematics 8 Used the PMI rather than my own perspective 9. Reviewed my answer after reading the other questions 10. NOT rushed to finish Total
_________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________
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