© 2005, monash university, australia cse5806 telecommunications management lecturer: dr carlo kopp,...
TRANSCRIPT
© 2005, Monash University, Australia
CSE5806 Telecommunications Management
Lecturer: Dr Carlo Kopp, PEng
Lectures 17-29
Procurement Procedures
© 2005, Monash University, Australia
Reference Sources
NOTE: These sources are indicative - there are many other good texts
available in libraries and on the Internet. They are referenced here as this presentation draws on them extensively.
Better Practice Guide – Selecting Suppliers Australian National Audit Office 1998
http://www.anao.gov.au then click on ‘Publications’
Better Practice Guide – Contract Management Australian National Audit Office 2001
http://www.anao.gov.au then click on ‘Publications’
© 2005, Monash University, Australia
Project Lifecycle - Eng’g Processes
SystemSpecifications
SystemSpecifications
System and Sub-System
Specifications
Detail Design
Ideas
Sub-system Testing
System Testing
Acceptance Testing
ProgressClockwise
Review Operations Strategy Studies
Operations
AnalysisArchitectural Design
User Requirements Specification
User Oriented Testing - Functional and Performance
System Oriented Testing- Technical Functionality, plusConnectivity and Interfacing
Acquire and ImplementSub-systems
Sub-system Oriented Testing- Detailed Functionality, plusConnectivity and Interfacing
Shaded area shows work normally considered for external “Procurement”
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System Life Cycle Acquisition era
Strategy Formulation Broad Design (Architectural design) Specification (may involve another level of design) Tendering Process (RFI-RFP/RFT) Selection (Evaluation and identification of ‘Preferred supplier) Contract negotiations and signing Building, Installation,Testing and Training Commissioning and Implementation (“Setting to Work”)
Operations Operational Use Maintenance and Support Enhancement, extensions, modifications
Close Down and Replacement/Disposal
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Acquisition Strategy Many approaches possible:
Acquire (buy) in-house Operate and support using in-house resources Acquire using in-house resources, but operate outsourced Variations and combinations of above –
eg acquire and operate in-house under local management control, using outsourced services for specialised services such as Telecommunications, maintenance, training
Up front costs are high – acquisition effort, equipment costs Risks can be high – ie responsibility primarily in-house Benefits good – eg in-house control, expertise development
Outsource all aspects of the function totally Outsourcing company responsible for acquisition and operation
Costs become annual ‘operations’ rather than ‘capital’ costs – eg low (or zero) up-front costs, no issues of owning obsolescent equipment
Some loss of control and flexibility Still requires extensive in-house effort to manage
planning, specification of functional needs, oversight and controls etc BUT effort is less than with full ownership and operational management
Generally a mixture of approaches is used.
This session focuses on in-house activity of managing the acquisition
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Acquisition Role-Players Inside Staff
Are there enough staff with appropriate experience & skills? Internal staff are rarely involved in major acquisitions – eg every ‘n’ years
What about non-performance or poor performance? (job on the line)
Consultants and Specialists (or ‘Short Term’ specialist employees)
They do this sort of thing often - possibly several times each year They often have broad experience in most aspects of acquisition work –
RFP/T preparation, tender bidding, tender evaluation, system/acceptance testing Can usually call on scarce resources or experience from colleagues May continue into operational support – ease the transition period
Issues when using consultants Often lack user-domain knowledge No emotional ownership of the systems/task – (commitment?) Issues of legal liability if things don't work – who is responsible? Are the consultants truly independent of suppliers?
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Acquisition Role-Players (2)
Outsourcing of Acquisition Task Pay someone else to buy equipment etc for you
All of the advantages and disadvantages of Consultants Provision of skills and people – eg Expertise and staff numbers Independence of suppliers –
but check their past tasks for possible conflicts of loyalties Less skills transfer than using resident consultants or short term
employees Commitment to long term goals may be questionable
Whose goals – yours or theirs?
Removes emotional ownership issues Clearer focus on performance (or no payment) Issues of liability – who is responsible if it does not work?
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Purchasing Models
Fixed Price
Variable Price
Single supplier X XMultiple suppliers X X
Many variants are possibleMain ones used are:
Often a mixture of approaches is used eg different phases of a major project use different models
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Purchasing Models – Fixed Price Fixed price purchasing (aka ‘Firm Fixed Price” (FFP))
Requires that both purchaser and supplier are clear about scope of work – good for well known and well defined tasks such as payrolls, poor for leading edge systems where both the task and technology are not well
understood leading to high risks (price will be loaded to accommodate the risk)
Single Supplier - Fixed Price (SSFP) Single supplier for whole task, usually including installation and training Supplier may subcontract some/most of the work, but retains responsibility and liability
as “Prime Contractor” or “Prime Systems Integrator” (PSI) Most appropriate where the task is well defined in testable terms. Good where the overall task is intimately associated with many minor aspects requiring
close coordination of many parties (e.g. supply and install a network, where power, air conditioning, cable installation, security, building works etc etc are involved)
Multiple Supplier - Fixed Price (MSFP) Requires purchaser to have more staff designing, coordinating, managing
(outcome very dependent on inside staff numbers and expertise) May be cheaper than SSFP
(Prime Contractor or PSI usually charges 15% to 30% add-on to sub-contract costs for supervising the sub-contractor and for integrating their work into the main task)
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Purchasing Models – Variable Price Single Supplier - Variable Price (SSVP)
Project cannot be specified in sufficient detail to allow fixed price approaches Eg leading edge technologies
Actual task is defined as the work progresses and knowledge is gained
Often a multi-stage project, where each stage is managed as a Fixed Price task, with one sub-task in each stage to define and cost next stage
Project often subject to exchange rate changes or other factors beyond control of contractor
Often needs a "head" contract to define the rules. Often called "time & materials" contract.
Multiple Supplier - Variable Price (MSVP) Combines MSFP and SSVP aspects Really a project which is self-managed and self sub-contracted.
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Procurement ProceduresSequence and Indicative Timescales
(Times shown are indicative for a ‘high tech’ $50M+ task)
Starting Point - After concept has been developed, and strategic decision to go ahead
RFI preparation, responses, and decisions (3-12 months)
RFP/RFT preparation (1-3 months)
Tendering period (2-4 months)
Tender evaluation (3 months)
Contract negotiation and award (2-6 months)
Contract execution (6-36 Months to build, install, test etc)
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Request For Information (RFI) Used in major projects where the tasks to be done and the
technologies available are intertwined – especially where the purchaser is unsure of what can be done and the
estimated costs involved, or seeks info to guide strategic decisions
Eg general need known, but technical possibilities not known, and the
purchaser has flexibility to alter the ‘needs’ and timings to match the
technical and financial realities
Paints broad functional picture and requests innovative proposals eg “We want a network capable of (broad functional description, possibly never done before)”
Usually a semi-controlled ‘fishing expedition’ by the purchaser
Expects would-be suppliers to do leg-work (at their expense) in the hope
of a future sale
Mainly used for major projects in a big organization
Often followed by one or more RFP/RFTs tailored as a result of the RFI
Often used to develop short list of potential suppliers
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RFI Issues Usually more or less unfair to respondents and would-be suppliers
Costly to respond, with low probability of future work Respondents may need to disclose information which is later used to
their disadvantage proprietary information ‘leaked’ to competitors Immature information eg probable future releases of equipment
Unfairly used by purchasers to ‘test the offerings in the market place’ rather than to make real strategic decisions
Used by purchasers to develop a superset of offerings being requested in an RFP/T (which nobody can satisfy)
Can be good for both purchaser and would-be suppliers Identifies innovative possibilities and potential suppliers Advises industry broad concepts of forthcoming RFP/Ts
Allows industry to prepare themselves (plan and build bidding team etc) Enables development of short list of bidders for RFP/T
Should always include Non-disclosure contracts on both parties
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RFI to RFP/T Period Purchaser should use RFI information to:
Plan and consolidate strategic directions and decisions Budgets Technical directions Timescales and schedules
Develop technical specifications which are Well written – understandable, non-ambiguous, complete, consistent Fair to all parties (not biased to any particular vendor or style) Achievable and satisfactory to real needs
Neither a superset of all possibilities nor so specifically a subset that the real need is not satisfied
Within the timeframes needed Able to be tested (quantified, defined, bounded)
Reason for above?
Because the RFP/T period implies limited communications between purchaser and bidders
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Request for Tender or Proposal Referred to as RFT or RFP Is issued to all prospective suppliers Involves a detailed specification of the facilities/system and/or the
functionality expected, and requests sufficient information to enable: Reasoned evaluation of alternatives Contract to be placed with one or more of the bidders for the ultimate supply
and operation
Usually requires the respondent (aka ‘Tenderer’ or ‘Bidder’) to undertake significant design work
Especially if a ‘functional specification’ style of RFP/T Usually requires bidders to submit detailed costing, draft design documents,
management plans, etc for ‘evaluation’ purposes
Needs to include a statement that purchaser reserves the rights determine which, if any, tender is accepted
A legal issue to avoid being forced to take lowest bid, or any other bid if the costs are too high
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Why do it? RFP/T approach seen as:
Encouraging competition between prospective suppliers Method of getting best value for money
The RFP/RFT provides: Framework for the systematic definition of needs
Facilitates control of the acquisition process
Fair description of needs for all would-be suppliers to bid against Consistent task for bidding by all would-be suppliers
Standard framework for vendor proposals
Standard framework for evaluation of proposals Very important that evaluation stage be considered in the RFP or RFT
Vehicle for communicating business, technical, legal and insurance issues that
purchaser desires in the final contract (Bidders may propose variations or alternatives to these for negotiation)
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The RFP/RFT Request: Usually issued in sections which can be split apart for the bidding
work - eg: Introduction Administrative Requirements (see later notes for statements of compliance) Technical Requirements (see later notes for statements of compliance) Business Requirements (see later notes for statements of compliance)
Legal/Insurance details Each section should be suitable for separation during bidding period – ie
largely suitable for ‘stand-alone’ work Different people or groups will respond to each part
Engineers/Tech staff respond to Technical requirements Accountants or costing specialists develop the costing sections Lawyers review and guide the contractual/legal aspects
Should be reviewed internally before issue, and endorsed at appropriate senior levels – both financial/legal and technical.
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RFP/T Request (2)
Often contains draft contract for consideration and comment
Often contains the structure for a formal proposal from the vendor/supplier (see later slides for example)
Typically lists points on which prospective vendors/suppliers must reply appropriately
Usually contains a requirement that bidders give a ‘statement of compliance’ against each and every requirement in the RFP/T
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RFP/T tips Have a good architecture or technical direction in mind when writing
the Technical specification Have experienced spec writers develop Tech Specs
Use of a committee to write them results in a ‘camel’ Lumpy, bumpy and nasty – with little coherence or completeness
Yet a Tech spec written by an individual will be restricted by the person’s bias and limitations
Seek a middle approach Develop spec using limited numbers of people Oversight spec using committee of stakeholders
Do not take too long to develop specification Technological overrun occurs, where the early sections reflect a different era
to other sections
Crucial to be well written Clear and unambiguous Such that resulting bids can be easily evaluated
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Who Tenders or Bids? Vendors and Would-be Suppliers respond because of:
Open public tender (advertised in press, trade papers, web sites) By invitation (e.g. short-list from RFI)
Large companies have specialised bidding teams Small companies cannot afford costs of excessive bidding
May ride under the umbrella of a larger ‘Prime bidder’
Public bodies usually required to have a multiple tenderers as a guard against corruption and collusion between bidders Typically three required for government tenders Many companies require three or more
Purchaser may pay (token) fee to selected short-list bidders especially for extensive design or creative work.
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Costs of Bidding/Tendering Acquirer’s or Purchasers viewpoint
Inevitably under-costed and under-resourced – resulting in less than optimum value-for-money
Allow for 0.5% to 1% of cost of job for specification and evaluation
More if extensive travel is required to research needs and solutions Bidder’s viewpoint
From 2% to 4% of cost of job for large ‘functional’ RFP/Ts (eg high level design, detail designs, extensive research is required,
many draft plans, samples of outputs, compliance with complex proposed contractual conditions etc)
More if extensive research, travel or effort required to satisfy the demands for innovation, examples, supporting documents, presentations, tight timeframes to bid (eg hiring aircraft to deliver the bid documents) etc
Is it worth the cost and financial risks? Could we do better bidding other work?
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Costs in Bids Apart from the obvious costs of doing the job:
Bidders price reflects cost of bidding or tendering Bidders should expect to win approximately one in three bids, therefore
cost add-in to cover expenses of failed bids is 6% to 12% of cost of this bid Purchasers with bad reputations (eg using too many bidders, frequently
aborting bid work or not proceeding with purchases after bid work) will have higher prices proposed to cover the risks that bidders perceive.
Bidder’s price reflects perceived risk in the task High risk = higher prices
High risk may be technical, contractual or schedule risks (eg innovative or leading edge technology, severe penalties in contract, difficult schedules etc)
May be perception (reputation) that the purchaser is difficult to satisfy Bidder’s price may reflect an unwillingness to do this job
They do not really want to do the job at this time and only bid to keep their name in the game because of fear of being ignored in future
Excessively low prices generally indicate either: Misunderstanding of the job, or Desperation for work
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Bid Period Protocols During the bidding period certain protocols used to ensure fairness
and openness in the process eg Purchaser does not publicly identify prospective bidders
unless this is done via a list freely available to all bidders RFP/T docs made available to all bidders at same time
public advertisements may have some ‘late’ requests for documents All bidders are issued with identical documents
Communications between bidders and purchaser must be: Restricted to specified senior levels –
usually only one person at each organisation Written (email/fax generally OK if followed up with hard copy) Clarification requests & responses distributed to all bidders
Bidders need to be careful that their queries do not disclose sensitive info
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Sample Proposal Outline Following OHPs indicate a sample proposal outline that could be
suitable for many ‘high-tech’ bids It not necessary to follow this, but doing so provides a reasonable coverage
of the issues Use only the parts appropriate to the particular task There is some duplication of information in this sample, which indicates
alternative locations for the information
NOTES: Bid must be read and understood by evaluators who may have no real ability to
contact the bidder for clarification In order to facilitate fairness to all bidders To provide ‘transparency’ of the evaluation process
The claims made in the bid are often able to be legally considered a part of the “contract to supply” – inflated claims are financially dangerous
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Sample Proposal Outline (adapted from Rosenthal)
Executive Summary System Objectives Proposed Solution
System Overview Architecture Functional Characteristics Performance Characteristics
Technological Methodology Equipment Configurations Software Description Maintenance Proposals Site Preparation needs
(Continued)
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Sample Proposal Outline (2) Implementation Plans (What will be done, how it will be managed) Financial Data
Presented by type and date Capital, maintenance, operational, consumable etc and Anticipated date for expenditure or demand for payment
For Hardware Software Manpower etc
Legal and Insurance Warranties Representations and Certificates (Copies)
Certificates of Professional Indemnity , Worker’s Compensation, Public Liability insurance
ISO 9000 certification etc
(Continued)
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Sample Proposal Outline (3)
Schedules for: Implementation Training Documentation Delivery Payments – progressive payments and trigger points
Confidentiality of Arrangements and Information Which information is ‘proprietary or commercial-in-confidence
Product Literature (summary only, details in an annex) Sample or proposed Contract Glossary of Terms
(Continued)
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Sample Proposal Outline (4) Technical Aspects
Operational Considerations Functional Requirements
How these have been addressed Backup & Recovery System Benchmarks (performance benchmarks) Interface Requirements
Implementation arrangements and procedures Maintenance proposals and arrangements
During development and installation period Within warranty period Following warranty period
Training Installation support
(Continued)
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Sample Proposal Outline (5) Resumes of key personnel Customer-furnished equipment (CFE)
How this will be used – including accounting for it, maintenance etc Customer Furnished Information (CFI) and Data (CFD) Multi-vendor interface – management and support, including problem
resolution User environment
Product performance Product reliability aspects Product compatibility (upward, downward, with other manufacturers etc) Product enhancement (upgrades to new versions)
Project direction – Management etc Site Specifications and access requirements – what is needed or
assumed Documentation – what will be supplied, how many copies, when Standards (compliance), testing against etc Current hardware/software environment including developmental
environment Acceptance Test criteria and procedures
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Sample Proposal Outline (6) Business Requirements Finance and legal Issues
Costs and Pricing Excess use charges (rentals) Unit pricing (over time) Discounts Expansion costs Maintenance costs
Estimating techniques How this job was estimated How any subcontracts will be estimated
Financing method (customer, supplier) Emergency substitute equipment –
how decision is made, what will be supplied Supporting documentation for financial issues Option to buy (after rental/lease contract) Accruals towards purchase Investment tax credit Local involvement statements – eg ANZ content
(Continued)
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Sample Proposal Outline (7) Warranties Training Implementation & delivery schedule Upgrades Trade-ins Equipment condition Price protection Exchange rates variations Use of sub contractors Bidder’s Acquisition policies and procedures Standard contract form from the Bidder
Product life cycle Technological obsolescence issues eg
Proposals to handle situation where equipment proposed is superseded before purchase
(Continued)
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Sample Proposal Outline (8) Bidding Company Information
Corporate identity, legal structure eg Pty Ltd, Key personnel History Financial stability (including financial history) Relevant past experience
Annexes, Appendices and Attachments Contain details of many points covered throughout the bid
Brochures and technical specifications of equipment Detailed drawings of floor layouts, buildings etc Detailed mathematical / simulation models of performance, reliability Work management details
Work breakdown structure (WBS) lists/charts PERT/CPM and Schedules (eg Micro Project outputs)
Formal ‘statements of compliance’ will be an annex if not submitted elsewhere above
(end of Sample Proposal Outline)
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Tender (Bid) Evaluation Period
Proposals and Tenders (aka “Bids”) are evaluated by the purchaser following bid submission date
Late bids may be ignored (RFP/T docs need to state this)
Sometimes worth looking at, but a bid that is late without a valid reason implies a would-be supplier less organised than others
Bids may be evaluated by in-house or consultant staff Non-disclosure and commercial confidentiality agreements needed!
Other points: additional requests should go to all bidders common to short-list some bids for deeper investigation common to invite bidders to meetings & information sessions.
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Tender Evaluation (2)
Must be seen as balanced, unbiased & independent Especially when evaluating government tenders
Will cause loss of confidence by bidders if perceived as inconsistent, prejudged, biased, unfair, unreasonable or incompetently performed
Must apply the same criteria to all submissions Must handle non-monetary aspects in the same
consistent manner Difficult to handle inconsistent approaches between
bidders One bidder proposes 12 months warranty,
while another proposes 24 months How do you handle this?
I try to convert both warranty periods to a monetary value
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Technical Evaluation Fairness and consistency paramount Significant judgment and decision making skills needed Proposals in excess of requirements are difficult to handle
Eg Requirement is “able to support 24 users” One bidder claims ‘complies’ Second bidder claims ‘able to support 36 users’ Third bidder claims ‘able to support 128 users’
Which is best, or all considered equal? How you handle this type of situation is very important
Beware of ‘expectation creep’ among evaluators and in-house staff Expectations often evolve (creep upwards) as the evaluation progresses
Will inevitably you will need some system of ‘weighting’ requirements (weighting should be described in RFP/T documents) EXAMPLE regarding a coffee drinking vessel or ‘Coffee Cup’
Option 1-Thin Plastic Option 2 - Ceramic mugs Option 3 Metal beakersRequirement Weighting % meets Score % meets Score % meets Scoreholds hot coffee 5 100 500 100 500 100 500Insulated 2 10 20 50 100 0 0Has handle 2 0 0 100 200 0 0
Totals: 520 800 500
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Contracts Purchase/supply contract is a crucial component of the process. The contract should contain:
Definition of terminology used Clear statement of what the supplier is to provide
Quantified values rather than qualitiative statements Refers back to material in tender submission, plans, etc. Clarifies status of pre-contract assurances, agreements, etc. Definition of buyers obligations Definition of acceptance tests Definition of remedial action if tests are failed Definition of intellectual property rights, etc. Define liabilities for copyright, patent, etc. Establish basis for ongoing support Define responsibilities of both parties if the contract is breached.
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Legal Aspects Many acquisition projects end up in legal proceedings
System alleged not to perform as expected or agreed Main areas of contention:
Definitions of functionality Definitions of performance Validity of performance tests Representations made before/during tendering or tender evaluation
Essential to: Have all representations in writing Tie representations to contract Avoid vague terms ("reasonable") Avoid unrealistic expectations
Outcomes: Damages Varied contract (other deliverables)
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Ethical Considerations
Supplier: Accurate representation of capability Meet staffing commitments Avoid external pressure (board, political, etc.) Avoid tricks and traps (word gets around)
Customer: Equal handling of tenders Ignore extraneous issues (e.g. hospitality) Objective scoring techniques Confidentiality of supplier information Professional handling of unsuccessful tenders
© 2005, Monash University, Australia
Consider: Q: Should there be differences between private and public bodies in
their manner of procurements? Why? – or are we simply continuing an outdated approach?
Is there a better way than the processes described here? Eg What if the available budget was advertised to bidders rather than
being hidden from them? This would have the advantage of automatically scoping the task value.
Thus, bidders way out of the expected cost value could opt to ‘no bid’Many aspects of uncertainty and risk would be clarified by publishing the expected value.
Bidders would then differentiated by value for money rather than price
Is the alternative seen as fair to all?