Guide Notes
Guide Notes
Guide Notes
Module 3
Participant Workbook
Also included in the training course are knowledge checks. These are not graded; they are
simply used to test your knowledge of the materials in the course.
We strongly recommend you print the workbook for the course. As you proceed through the
training, use the workbook to write down any notes and/or questions you might have.
The workbook can be accessed here:
http://des.wa.gov/about/pi/ProcurementReform/Pages/PRTraining.aspx -or – simply click
“Workbook” on the top right corner of the screen. Click on the workbook to download it to your
desktop.
Disclaimer:
At the time of publication in January 2015, all materials and RCWs referenced are current.
Updated course work will be made available if and when revisions are needed. As always,
confirm current RCW references.
Section One - The contract is signed, now what? This section contains the following
topics:
• Things to do first
• Communication
• Considerations for IT Contracts
For purposes of this training course, the laws and policies discussed are those of the
state and individual agencies and do not reflect federal requirements. Federal
requirements tend to be more restrictive and may apply if using federal funds.
Section One - The contract is signed, now what? Contains the following topics:
• Things to do first
• Communication
• Considerations for IT Contracts
Notes
Use project management principles as you develop, execute, and monitor a contract.
This module will discuss contract execution and will provide greater detail regarding the role
of contract monitoring through the contract period of performance.
• Status reporting - Often status reports are listed as deliverables or pay points in the
contract. However, don’t overburden your contractor with reporting. Reporting should be
done using efficient methods that allow the contractor to complete their work while
informing you of status. Coordinate all reporting requirements with your stakeholders
• Dispute management - This is another process that should be defined early in the
project. Work with your Procurement Professionals to know up front what you should do
if issues arise. The formal dispute resolution process should be included in your
contract.
Note: Do not attempt dispute management on your own! Include your Procurement
Professionals right away when these issues arise.
Notes
Section Two – Elements of Contract Monitoring will cover the following topics:
Documentation and Communication
If any contract issues arise, your contract documentation is first and foremost your most
valuable reference. Contract records may be kept at different locations throughout individual
agencies – for instance, original contract documents may be kept in either your contract unit or
your fiscal unit. Regardless, be sure to have copies of all the documents in your contract
management file. Some agencies may also include additional agency contract documentation
requirements.
Notes
This is an example of a contract summary document used to track amendments. Some Contract
Managers choose to use excel spreadsheets or other methods for tracking.
The document tracks amendments or changes to requirements over the period of performance
of the contract and it includes the source of the change.
This allows for a streamlined way to find the origin of contractual modifications.
When incorporating addendums, amendments, and approved project change requests, the
change to the contract language is made at the original location of the language. Simply copy
and paste the original language from the contract document to the tracking document. Then
copy and paste the amended language. This prevents the need to read through separate
documents to find the most current requirement language.
Or, you can make a “tracking copy” of the original contract document and use track changes to
insert the changes to the contract. This keeps all the language together to allow for the proper
contextual framework while reading a clause.
Note: This is only an example and is not required. Consider this an example of a good practice.
This example of a “Statement of Work Traceability Table” is another documentation tool you
might consider using. The slide above identifies the statement of work requirements, the status
of these requirements, and the documentation used to verify status.
These are critical elements to track through the life of the contract. This traceability table helps
to ensure the contract is being completed in a way that satisfies the agency’s needs.
• This slide identifies an example of ways to document your contract requirements. Use
whatever method best meets your needs and your management style. Also, check to
see if your agency has any contract management processes and templates that you are
required to use. Always follow your agency policies and processes.
In your workbook is a case study. At your convenience, please read the scenario and complete
the example tracking tool also in your work book. Once again, this is just another example of
tracking and traceability for you to consider.
After evaluation of all bids a vendor was selected. ABC Training is the name of the vendor. The
contract with ABC Training was executed on December 1st.
Period of Performance
The contract’s period of performance is for one year from December 1, 2013 through November
30, 2014. There is an option to extend the contract for up to 12 months.
Statement of Work
The original scope of work included these responsibilities that the contractor must perform:
Invoicing is based on fixed price per deliverable and is monthly for all deliverables submitted and
accepted by the Agency that month.
Tied to
Payment
(Yes/No)
Target
Submission
Date
Actual
Revision
Date (if
applicable)
Agency
Acceptance
Comments
19
Notes
Be clear about who the point of contact is for communication and understand what it means to
have your name in the contract as the Contract Manager. As the Contract Manager you must
be “in the know” about all aspects of the contract or know when to seek guidance! Appropriate
communication is one of your main responsibilities.
Establish communication structures and protocols early and be willing to adjust as necessary.
This should be one of the first things on your kick-off meeting agenda.
At no time should you give verbal approvals or disapprovals that affect the statement of work or
other terms and conditions of the contract. All changes and amendments must be in writing and
fully signed before work can commence.
Communication among the project manager, business owners, contractors, stakeholders, and
possibly other vendors includes the following areas:
• Terms and conditions.
• Deliverables review and acceptance.
• Invoice and budget status.
• Dates and milestones.
• Project objectives.
• Impacts and consequences of not meeting contract terms and conditions.
Also, the project manager, business owners, and all others listed above must communicate with
you through all aspects of contract management, especially if any of these people are working
Your contract might define a communication plan but the plan needs to be solidified with your
team, including the contractor. You need to be proactive if the communication plan doesn’t
work – be ready to modify if necessary.
Notes
Section Three - How to implement Contract Management will cover the following topics:
• Critical Activities
• Monitoring Performance
• Contract Extensions and Amendments
• Closing the Contract
Performance - All work must be completed within the contract period of performance,
including deliverables.
• Approve deliverables in a timely and efficient manner. Be sure your approval
process is either defined in the contract or decided upon at your kick-off meeting
– both you and the contractor should agree. The contractor should know the
approval standards are, how to correct if necessary, and when to expect payment.
Do not unreasonably withhold approval of payment.
• Proactive monitoring will help you keep track of contractor performance,
responsiveness, and the ability to keep to stay on schedule and budget. If issues
arise, contact your Procurement Professional. Work with them to act on issues
immediately. Resolve issues before they become a bigger problem.
The following are critical activities associated with the management and the
monitoring of a contract:
• Assuring compliance with special and general terms and conditions – This can be
monitored through reports and periodic meetings, both formal and informal.
• Know early when contract changes are necessary. Through effective reporting and
communication strategies you will be able to determine when change orders or
amendments are appropriate and be able to have them completed in time so that the
project is not delayed. Work with your procurement professional when amending.
For change orders, follow the process set forth in your contract. Make sure all
contract changes are tracked.
Follow Washington’s Best Practices and Contract Guidance. There are few state
statutes or policies about contract management. See RCW 39.26.180. Use best
practices as discussed in this training, provided by your Procurement Professionals
and adhere to the language set forth in your contract. And follow your agency’s
policies and guidelines.
• Have an effective plan for both internal and external communication and control as
previously discussed.
• When you need to resolve contract claims and disputes always work with your
Procurement Professional. If you don’t have a procurement professional, work with
your assistant Attorney General (AAG). Don’t try to do this on your own. Poorly
handled disputes can lead to larger legal problems.
• Manage your contract in an ethical manner. Procurement involves high ethical
standards. Conflicts of interest and other ethical issues can arise. Educate yourself
and be cautious. Note: You are required to take the “Ethics and Procurement”
• Stakeholders and SMEs – These groups each need different information from you.
Develop a strategy to understand what information they need, and how often reporting is
required.
• Other Consultants and Vendors – If your project is complex, you may have multiple
contractors who need to work together in a coordinated way. You will need to provide
the coordination and communication process between the entire work team. A good
business practice is to have periodic group meetings with the contractors and your team
to determine how the work is progressing, if there are any obstacles, or any redundant
work being done.
• Quality measures – Measure the quality of service or the goods being provided by the
contractor. Be sure your contractor knows and understands how they are being
measured – provide them with constructive feedback.
• Deliverables – Measure the deliverables in accordance with your contract or as
determined and agreed upon in your kick-off meeting and documented in an
amendment. Be consistent and timely in your acceptance of deliverables and do not
unreasonably withhold your approval. Do not require the deliverables to meet standards
that have not been agreed upon.
• Schedule – Track the project schedule and make sure the contractor is adhering to it.
Also, it is extremely important to track whether your agency is delaying the schedule and
causing contractor delay. As contract managers we need to make sure that we and our
agency are on schedule as well. The contractor should not be held responsible for
agency delays. If delays are caused by the agency, you may need to consider an
amendment to allow the contractor to finish the work.
• Work remaining – Keep track of work remaining throughout the period of performance
and determine if the work can reasonably be completed in the time remaining. If it
cannot be completed, brainstorm solutions.
Project control is a project management term which is very important to good contract
management. The term “control” is often equated to the concept of authority; however, in project
management it has a completely different meaning. It means continually making course
adjustments as necessary, with one main objective in mind – a successful outcome.
Project controls include the people, processes and tools used to plan, manage, and mitigate
cost issues, schedule issues, and any risk that may impact the project or contract.
To implement payment
3. Cost reimbursement – Review of cost reports and detailed breakdown of costs – You
need a detailed report describing the work accomplished to validate line item amounts
claimed.
Remember, the contract is your guide. Contract Managers compare billings/invoices with
contract terms to ensure the costs being charged are accurate, consistent with the contract
requirements, and within the compensation limits set by the contract. If the contract is paid
through multiple funding sources, you may need to verifying that payments are tracked by fund
to prevent over-payments of any fund source.
Examples:
Depending on the type of payment approach, the process of verifying invoices may be different.
Here’s a guide for the different payment methodologies discussed in Module 1:
• Fixed price – Verify that the minimum standards for the fixed price breakdown is met
(e.g., if monthly, what is the monthly reporting/service requirement?)
• Time and materials - The state pays a fixed hourly rate, and for the costs of certain
specified services or materials. You need a detailed report that adequately describes the
work accomplished and the cost of the itemized materials.
• Track and Report Budget Status - Tracking / reporting on budget status to both
internal stakeholders and the contractor
Notes
As we begin to discuss contract amendments and extensions, it’s important for to understand
the difference between the “scope of work” and the “statement of work.”
SCOPE OF WORK - A detailed, written description of the conceptual requirements for the
project contained within a competitive solicitation document. The scope of work should
establish a clear understanding of what is required by the vendor.
STATEMENT OF WORK - This is the response from the vendor that outlines very specifically
how the vendor proposes to complete the work as stated in the scope of work. It is included in
the contract and defines what will be done, by whom, when and for what price.
If there are changes to the contract resulting from the defined scope, such as statement of work,
schedule, period of performance, or budget then it may be necessary to initiate a contract
amendment.
It may become necessary to make changes to the contract in order to enhance or improve
the deliverables or services. The main areas of contract changes that require amendments
are:
• Statement of Work – Adding, modifying, or deleting tasks, services or deliverables, or
revising specifications
• Cost – If the total amount of the contract is increased or decreased a contract
amendment is required.
• Period of Performance – An extension to the end date of the contract
Changes to contracts may be awarded as amendments rather than as new contracts if the
changes are within the general scope of work of the original contract.
However, changes that are within the scope of work but represent substantial changes in
the quantity, duration, cost, or nature of the work may not be appropriate as a contract
amendment. Consider whether or not these substantial changes might have changed the
competition had they been included in the original procurement document.
• Would more bidders have submitted proposals if they knew these substantial changes
were a possibility?
• Could your substantial changes to the contract be construed as a circumvention of
competition?
Best practice is that when substantial changes are made they should have been intended in
the original procurement document, such as options to renew. If your agency decides to
Amendments that would result in changes to the general scope of work are not appropriate.
You should conduct a new competition.
.
Contract Change Log *
Project Name:
Contract Number:
Contract Prepared By:
Date Contract Prepared:
Vendor/Contractor
Name and Telephone:
Change Description Request Approval Effective
# Date Date Date
The contractor has an outline for the draft Training Plan that has been approved by the Agency. It
is now February 1, 2014 and the Agency is expecting the Draft Training Plan to be delivered in
two weeks. However, the Agency realized they want the contractor to include an additional
section on E-learning into the draft plan, and the contractor is requesting a time extension to deal
with this additional section.
Which of the following scenarios represents the best course of action to address this change?.
1) The Agency should work out with the contractor a new date for delivery of the draft Training
Plan, since it’s only a draft, and just document it in a memo to file and keep in the contracts file.
2) The Agency should execute a contract amendment to update this date since the deliverable is
listed with a due date in the original contract and the Agency is asking for additional content to be
included in the deliverable that was not part of the outline. This is not really additional scope for
the contractor, but does impact the deliverable that is part of the statement of work.
3) The Agency should demand the deliverable on the same schedule and expect this additional
section to be included. The Agency should reject the deliverable if it is not included.
Contract closeout involves the process of verifying that all administrative matters are closed on
a contract.
Contract Closeout
Contract Managers are responsible at a minimum to consider the following eight elements;
• Confirm that all services have been provided and contract objectives and outcomes have
been met.
• Address any required audits, and make sure all audit issue are resolved.
• If issues arose during the period of performance, assure those issues are resolved.
• Complete all contract documentation, and follow the pertinent record retention schedules
• Ensure contractor has accounted for and returned any state property or equipment that
was used during the contract engagement.
• Ensure all invoices have been received and authorized for final payment.
• Hold a close-out meeting with the contractor to discuss performance, lessons learned,
and other topics that are important to the agency’s business needs.
• Determine the agency’s next steps based on the contractor’s work.
Project Name •
Cheryl A. Shaw
Contract and Legal Services Training Manager
Department of Enterprise Services
1500 Jefferson St SE
Olympia, WA 98504
(360) 407-9376
Notes
SAAM 16.20 – Client Service Contracts – Contract Award, Management, and Monitoring
http://www.ofm.wa.gov/policy/16.20.htm