Professional Documents
Culture Documents
Part 1:
Processes‚
and
Best
Practices
B Y G r e g o ry A . Ga r r e tt
important to have
and processes in
place to manage
the growing
number‚ value‚
and complexity of
U.S. government
contracts.
In both the public and private business sectors, contract administra- While project management and earned value management have
tion is often an afterthought and is usually insufficiently staffed received significant focus and attention in recent years for the value-
in both the quality and quantity of resources (contract managers, added capabilities they can provide, few organizations have paid
project managers, technical managers, property managers, supply much attention to post-award contract administration and closeout
chain/subcontract managers, etc.). Typically, government and activities, which are equally vital to business success. In this three-
industry focus their time, attention, and key resources on soliciting, part series of articles, we will focus on the importance of having the
proposing, negotiating, and forming the contract—simply put, “get- right people and processes in place to manage the growing number,
ting the deal.” As a result, there are often very limited resources to value, and complexity of contracts to ensure U.S. government agen-
manage, administer, and closeout the deal. cies are able to obtain quality products, services, and/or solutions
from government prime contractors and subcontractors.
www.ncmahq.org
Contract Administration, Part 1: People, Processes, and Best Practices
FIGURE 1.
Contract Administration:
People and Workload
FIGURE 2.
3.0
This tremendous spending growth during the George
W. Bush administration was largely the result of 2.5
numerous converging factors, including: 2.0
1.0
The creation of the Department of Homeland
0.5
Security,
0
Significant natural disasters,
2000 2001 2002 2003 2004 2005 2006 2007 2008
Demographics—aging of the Baby Boomers, Source: Federal Procurement Data Systems, 2008.
From the government’s perspective, the job titles/roles in FIGURE 3 Cost for each course package:
on page 58 are critical to its ability to acquire and manage products,
NCMA Members—$220
services, and solutions from industry to meet the needs of its re-
Nonmembers—$250
spective agencies. During the past decade, many of the people who
have performed these vital government acquisition positions have Courses may not be taken separately.
retired, transferred to other positions within government, moved to
a position within industry, changed career fields, or some combina- Current packages offered include:
tion thereof.
■ Introductory Business Ethics Package for
Federal Contracting,
From industry’s perspective, the similar job titles/roles in FIGURE
3 are critical to their ability to win and successfully deliver on U.S. ■ Advanced Business Ethics Package for
government contracts, subcontracts, and related projects. Federal Contracting,
ucts and services was tremendously expedited by the expansion of What has been and is still driving the growing amount of money be-
the following: ing spent by the government acquiring complex systems, integrated
solutions, and professional services? The answer is the combination
Internet-based business, of numerous converging factors:
Electronic data interchange, Increased threat of global terrorism via Afghanistan and Iran;
Electronic sales catalogs, High integration cost for hardware and software;
Governmentwide acquisition contracts, Less government personnel with needed professional services
expertise;
Blanket purchase agreements, and
Less government technical expertise to develop more detailed/
Indefinite delivery/indefinite quantity contracts. defined requirements;
While a majority of the government’s contracts are firm-fixed- Increased reliance on IT platforms, related-hardware, and soft-
price (FFP), and are used to acquire relatively simple commer- ware applications; and
cially available off-the-shelf products and services, they typically
comprise less than 60 percent of the dollars spent in some Other factors.
government agencies. Conversely, a minority of government
contracts are cost-reimbursement or time-and-materials (T&M)
contracts, typically used to acquire highly complex systems, Why Does the Type of Contract Matter?
integrated solutions, and a vast array of professional services. The answer is simple—when an FFP contract is awarded, the
Yet, these cost-reimbursement type contracts and T&M type con- government has very low financial risk because the contractor has
tracts together often account for over 40 percent of the dollars agreed to perform the contract for a fixed amount of money. If the
spent in some government agencies. contractor can adequately perform the work for less, then it makes
a higher profit. If, however, it takes the contractor more than the
fixed amount to accomplish the work, then the contractor loses
FIGURE 3.
money. Thus, government agencies typically perform little contract
administration on FFP type contracts because the
Key Government People/Roles Key Industry People/Roles contractor has the greatest financial risk.
Program Manager Program Manager
Conversely, when a cost-reimbursement contract
Systems Engineer Systems Engineer
or a T&M contract is awarded, the government
Contracting Officer Contracts Manager
has higher potential financial risk. In the case of
Contracting Officer’s Technical Subcontract Manager cost-reimbursement contracts, the government has
Representative
Bid/Proposal/Capture Manager agreed that the nature of the work is too difficult to
Lawyer
Cost/Price Analyst adequately define at the start. Thus, the government
Cost/Price Analyst is essentially purchasing the contractor’s best efforts
Contract Administrator
Contracts Specialist/Administrator and promising to reimburse the contractor for all of
Buyers/Purchasing Specialist
Government Property Manager
Logistics/Supply Chain Manager
its allowable, allocable, and reasonable expenses.
Budget/Financial Analyst Depending upon the type of cost-reimbursement
Lawyer
Quality Assurance Specialist contract, there may be an incentive fee, award fee,
Project Control Manager
Logistics Manager and/or fixed-fee, which is subject to specific Federal
Business Development Manager Acquisition Regulation (FAR) limitations.
Others
Account Manager
Accountants/Financial Manager In the case of a T&M contract, the government has
Property Manager agreed that the nature of the professional services is
$150 (softcover)
The NCMA
CHRONICLE
CELEBRATING 50 YEARS
Contract Administration, Part 1: People, Processes, and Best Practices
Ensuring compliance with contract terms and conditions; Effectively managing the contract scope of work through proven
project and contract management best practices is wise and finan-
Practicing effective communication and control; cially prudent for both the government and industry. The govern-
ment needs to ensure it gets what it paid for and to get it when it
Managing contract changes, accounting, invoicing, needs it. Contractors need to ensure they provide the products and/
and payment; or services as and when they agreed to deliver them. Post-award
contract administration is the process of ensuring that each party’s
Management of government property; performance meets contractual requirements.
Resolving claims and disputes; and On larger projects with multiple product and service providers, a key
aspect of contract administration is managing the interfaces among
Contract closeout actions. the various providers. Because of the legal nature of the contractual
FIGURE 5.
relationship, the project team must be acutely aware of the legal Project Plans and Schedules
implications of actions taken when administering the contract. The project manager shall prepare appropriate plans to ensure
the work is properly completed on time, on budget, and meeting
Effective contract administration is critical to effective project contractual requirements. Such planning could include a work
management because an organization’s failure to fulfill its contrac- breakdown structure, organizational breakdown structure, responsi-
tual obligations could have legal consequences. Therefore, someone bility assignment matrix, schedules (Gantt charts, milestone charts,
must observe the performance of contractual obligations. That project network schedules, etc.), and an earned value management
person is usually the contract manager, contract administrator, or system (EVMS). Plus, the contract manager should develop a con-
subcontract manager, depending on the organization, who must al- tract requirements matrix (see FIGURE 5 above).
ways be aware of the legal and financial consequences of an action
or failure to act, and who must take steps to ensure required actions
are taken and prohibited actions are avoided. Work Results
The results of performing the requirement will affect contract
In a real sense, a contract manager is a project manager, and the administration.
principles of project management apply to their work. Each party to
the contract appoints a contract manager, contract specialist, con-
tract administrator, or subcontracts manager; job titles vary among Contract Change Requests
those who monitor not only their own organization, but the other Contract change requests are a common element of most contracts.
party as well to ensure that both parties are keeping their prom- An effective process for managing contract changes must be in
ises. The contract managers must maintain these two perspectives place to ensure that all requests are handled smoothly. Contract
throughout contract performance. changes may include:
Supplemental agreements,
Input
Input to the post-award phase of the contract management process Add-ons,
consists of the following items.
Up-scopes, or
Contract Down-scopes.
The contract document is the primary guide for project execution
and administration of the contract. Contract changes are opportunities either to increase or decrease
profitability for the seller. Changes are a necessary aspect of busi-
ness for buyers because of changes in their needs. The management Contract Analysis and Planning
of unauthorized contract changes can prove to be very challenging. Before contract award, each party should develop a contract
administration plan and assign the responsibility of administer-
ing the contract to a contract manager. To whom should the job
Invoices be assigned? A project manager could do double duty as contract
An efficient process must be developed for handling invoices manager. However, in most large companies, contract administra-
throughout contract administration. Few areas cause more concern tion is a specialized function, usually performed by someone in the
to sellers than late payment. Buyers can realize savings by develop- purchasing, contracting, or subcontract management department
ing an efficient and timely payment process because sellers are because doing the job requires special knowledge and training.
often willing to give discounts for early payment. Contract administration is an element of both contract management
and project management.
RECOMMENDED READING
Smart Contracting for Local Government
Services: Processes and Experience
(Privatizing Government: An Interdisciplinary
Series) To order these great titles, visit
by Kevin Lavery
NCMA’s Web site, www.ncmahq.org/
publications/bookstore.
Building a Career in Compliance and Ethics
by Joseph E. Murphy and Joshua H. Leet By accessing Amazon.com through NCMA’s
Recommended Reading page and making a
purchase, you give NCMA up to 15 percent
The Contract Negotiation Handbook:
of referral fees, plus new consumer bonuses!
An Indispensable Guide for Contract
Professionals This means more scholarships, seminars,
by Stephen Guth and member services!
FEBRUARY
Contract Management | February 2010 63
Contract Administration, Part 1: People, Processes, and Best Practices
FIGURE 6.
Payment Process
Pre-performance Conference Checklist Every contract must establish an adequate accounting, cost tracking,
invoicing, and payment process between the parties. The govern-
Project Name: ment agencies and prime contractors must agree to whom invoices
should be sent and what information is required. Prime contractors
Prepared by (Print): Date Prepared: and their subcontractors must submit proper invoices in a timely
manner. Government agencies are then required to pay all properly
Customer: Contract: submitted invoices in a prompt manner.
Contact Telephone/E-mail:
Complete requirements analysis—verify and validate the re- Contract Change Management Process
quirements stated in the contract to ensure that the project, As a rule, any party that can make a contract can agree to
when completed according to the requirement statement, change it. Changes are usually inevitable in contracts for
will meet the needs of both parties. complex undertakings, such as system design and integration.
Summarize contract requirements—complete a contract No one has perfect foresight—requirements and circumstances
requirements matrix (see FIGURE 5 on page 62). change in unexpected ways and contract terms and conditions
must often be changed as a result.
Establish the project baseline—ensure that the baseline and
specifications are established.
Develop in-scope and out-of-scope listings—develop lists of
Dispute Resolution Process
items that the government and contractor consider within
No one should be surprised when, from time to time, contracting
and outside the scope of the contract.
parties find themselves in disagreement about the correct interpre-
List the contractor’s assumptions about the government’s tation of contract terms and conditions. Such disagreements are typ-
requirements and understanding of the end-user’s expecta-
ically minor and are resolved without too much difficulty. Occasion-
tions.
ally, however, contracting parties may find themselves entangled in
Establish a preliminary schedule of meetings between the a seemingly intractable controversy. Try as they might, they cannot
parties. resolve their differences. If the dispute goes unresolved for too long,
Inform your team and other affected parties—brief the team one or both of the parties may threaten, or even initiate, litigation.
members who will attend the meeting, ensuring they under-
stand the basic requirements of the contract and the project. Litigation is time consuming, costly, and risky. You can never be
Review meeting findings with all affected people in your entirely sure of its result. Rarely is the outcome a truly satisfactory
organization. resolution of a dispute, and it sours business relationships. For these
Document who attended, what was discussed, what was reasons, litigation should be avoided. Thus, it is critical to create a
agreed to, and what follow-up actions are required—by cost-effective dispute resolution process between the parties using
whom, where, and when. negotiation, arbitration, facilitation, or mediation methods.
Prepare and send pre-performance conference meeting
minutes to the other parties.
Supply Chain Management
Supply chain management represents the ability of government
tractor managers with performance responsibilities should attend prime contractors to efficiently and cost-effectively manage their
the pre-performance conference or at least send a representative. subcontractors and vendors, which comprise their selected supply
Important subcontractors should also be represented. The meeting chain. Applying proven-effective supply chain management best
should be held shortly after contract award. practices is vital to improve performance results, including the ap-
propriate flow-down of mandatory government contract clauses.
FIGURE 7.
Progress reports,
Contract Closeout Checklist
Project diaries,
Project Name:
Telephone logs,
Prepared by (Print): Date Prepared:
Photographs, and
Customer: Contract:
Videotapes.
Contact Telephone/E-mail:
1.
yes
no
n/a All products or services required
were provided to the buyer. Payment
Sellers want their money as quickly as pos-
2.
yes
no
n/a Documentation adequately shows
sible. The government should seek product and
receipt and formal acceptance of
all contract items. service discounts for early payments. Likewise,
contractors should improve their accounts re-
3.
yes
no
n/a No claims or investigations are ceivable management and enforce late payment
pending on this contract.
penalties.
4.
yes
no
n/a Any buyer-furnished property or
information was returned to the
buyer. Completion of Work
5.
yes
no
n/a All actions related to contract This last step is the contractor’s actual accom-
price revisions and changes are plishment of the government’s requirement for
concluded. products, services, systems, or solutions.
6.
yes
no
n/a All outstanding subcontracting
issues are settled.
Contract Administration—
Best Practices
7.
yes
no
n/a If a partial or complete termination
was involved, action is complete.
The following is a checklist for best practices
8.
yes
no
n/a Any required contract audit is now when conducting post-award contract
complete. administration:
Understand the effects of change on cost, schedule, and quality. Remember, too, the power of precedent. Your organization is always
evaluated based on your past performance and the precedents it
Document all communication—use telephone correspondence, sets. Your contract administration actions taken years ago affect
faxes, correspondence logs, and e-mails. your organization’s reputation today. Likewise, in both government
and industry the contract management actions you take today form
Prepare internal and external meeting minutes. your organization’s reputation for tomorrow. CM
This article is a modified excerpt from the new book Contract Admin-
istration: Tools, Techniques, and Best Practices, by Gregory A. Garrett
(CCH, Wolters-Kluwer Law & Business, Chicago: 2009).