17 | Monitoring and Controlling Procurements Flashcards

In this lesson, you will: • Monitor and control vendors and procurements. • Handle legal issues associated with procurements.

1
Q

Vendor Management?

A

Vendor management is a management technique that is used to obtain and oversee contracted
resources, including people, facilities, equipment, and materials. Managing project vendors is
important for obtaining procured project elements without any delays. Contracts must be
established to stipulate the quality and services of vendors.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Factors to consider when selecting vendor services include?

A
  • Impact on other projects.
  • Initial and ongoing maintenance costs internally versus externally.
  • Intellectual capital considerations. For example, will the organization lose the opportunity to gain a critical competence if the work is done externally?
  • Performance capabilities.
  • Compatibility with existing support structure.
  • The organization’s capability to manage a vendor relationship.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Procurement Documentation?

A

Procurement documentation contains information about vendor performances on the cost, scope, quality, contract change notes, approved and rejected changes, payment notifications, and claims. It can also include technical documentation, deliverables, seller performance reports, warranties, financial documents, and results of contract inspections. Procurement documentation is acknowledged and validated for contract closure. The documentation is created when administering project procurements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The Procurements Administrator’s Duties?

A
  • Act as a contract compliance officer.
  • Interpret contract specifications and ensure that their terms are met.
  • Monitor vendor performance.
  • Integrate subcontracted elements.
  • Manage change requests.
  • Resolve disputes and manage payments.
  • Deal with contract breach, early termination, and so forth.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Procurement Performance Reviews?

A

A procurement performance review is the evaluation of the vendor’s work. It verifies that the work performed is in accordance with the scope, schedule, quality, and cost as defined by the contract. It can include a review of documentation submitted by the vendor, inspections, or quality audits. The purpose of this review is to identify strengths and weaknesses with project performance
and to monitor the progress of schedules and tasks.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The Contract Change Control System?

A

The contract change control system might be a component of the integrated change control system or it might be a separate system, but it is dedicated specifically to control contract changes. It specifies the process by which project contract changes can be made. It includes the documentation, dispute-resolution processes, and approval levels to authorize the changes to contract specifications.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Vendor audit?

A

A vendor audit seeks to answer several questions about the procurement process.

  • Were the contract specifications completed as specified and were all terms and conditions met?
  • Were the quality, timelines, and cost acceptable?
  • Were the vendor’s project management, contract management, financial management, and communications management practices acceptable?
  • Was the vendor able to accommodate requested changes?
  • Were the members of the vendor’s staff acceptable? Did any individuals merit special recognition?
  • Was there anyone you will not recommend for future assignments?
  • Were there areas for improvement?
  • What were the lessons learned from this contract?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Payment Systems?

A

Payment systems are used to make payments to vendors that are made contingent on the acceptance of the delivered goods or services and on the receipt of a valid invoice. Typically, invoices are sent to the organization’s Accounts Payable department, which in turn checks with the project organization to verify that the goods or services were delivered and accepted and then authorizes payment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Claims Administration?

A

Disputes that arise when buyers and vendors cannot agree on changes are referred to as claims or appeals. Claims are handled in accordance with contract terms and are managed throughout the term of the contract. If the buyer and vendor do not resolve the claim, it will be handled according to the dispute resolution procedures in the contract. Contract clauses may include arbitration or
litigation and may be brought up after contract closure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The Records Management System?

A

The records management system is a software application that is used to generate, track, and
retrieve documents and for correspondence purposes. It is also used to manage the project vendors,
procurements, and contract documentations. It contains the processes, control functions, and
automation tools. The records management system is a subsystem of the PMIS.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the 5 types of contract changes?

A
  1. Administrative changes
  2. Contract modification
  3. Supplemental agreement
  4. Constructive changes
  5. Termination of contract
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Administrative contract changes?

A

These are non-substantive changes to the way the contract is administered. This is the most common type of contract change. Administrative changes should be documented and written notification sent to the vendor with a clear expectation that the vendor will approve and return the change document. Administrative changes require no adjustment in payment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Contract modification?

A

This is a substantive change to the contract requirements such as a new deadline or a change to the product requirements. Contract modifications should be documented and a formal change order should be sent to the vendor. Contract modifications may result in claims for payment adjustment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Supplemental agreement contract change?

A

This is an additional agreement related to the contract but negotiated separately. A supplemental agreement requires the signatures of both buyer and vendor. A separate payment schedule is attached for the work in a supplemental agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Constructive changes contract change?

A

These are changes that the buyer may have caused through action or inaction. As a result of constructive changes, a vendor is required to change the way the contract is fulfilled. The vendor may claim a payment adjustment as a result of constructive changes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Termination of contract?

A

A contract may be terminated due to seller default or for customer convenience. Defaults are typically due to nonperformance, such as late deliveries and poor quality, or nonperformance of some or all project requirements. Termination due to customer convenience may result due to major changes in the contract plans, through no fault of
the seller.

17
Q

What the 7 common legal issues related to procurement adminstration?

A
  1. Warranty
  2. Waiver
  3. Breach of contract
  4. Non-disclosure agreement (NDA)
  5. Cease-and-desist letter
  6. Letter of intent
  7. Force majeure clause
18
Q

Warranty?

A

A promise, explicit or implied, that goods or services will meet a predetermined standard. The standard may cover features such as reliability, fitness for use, and safety. Some warranty agreements may promise repair or replacement of products or services for certain months, years, or for life.

19
Q

Waiver?

A

The giving up of a contract right, even inadvertently.

20
Q

Breach of contract?

A

Failure to meet some or all of the obligations of a contract. It may result in damages paid to the injured party, litigation, or other ramifications.

21
Q

Non-disclosure

agreement (NDA)?

A

A legal contract that outlines confidential material, information, or knowledge that two parties wish to share only with each other. It is used to protect confidential and proprietary information, often including trade secrets, from being shared with other parties.

22
Q

Cease-and-desist letter?

A

A document sent to an individual or a business to stop (cease) allegedly illegal activities and to not undertake them again (desist). Such a letter can be used as a warning of impending legal action if it is ignored.

23
Q

Letter of intent?

A

A document that outlines an agreement between two parties before the agreement is finalized. It is sometimes used to highlight fundamental terms of an agreement before potentially expensive legal negotiations are begun, or to indicate that the parties have begun
negotiations.

24
Q

Force majeure clause?

A

A common clause that refers to a superior force added to contracts that addresses the actions from both the parties when an extraordinary circumstance beyond the control of either party occurs. The extraordinary circumstances include war, strike, riot, crime, or a natural disaster (a so-called “Act of God” that includes floods, earthquakes, and storms) that prevent one or both parties from fulfilling their obligations under the contract. The force majeure clause is not intended to excuse negligence or other misconduct by the parties, and nonperformance is caused by usual and natural consequences.

25
Q

What are the 4 types of warranties?

A
  1. Express warranty
  2. Implied warranty
  3. Warranties of merchantability
  4. Warranties of fitness for purpose
26
Q

Express warranty?

A

If the predetermined standard for quality or performance is specified, either in a formal warranty or in the manufacturer’s description of the product, it is considered an express warranty.

27
Q

Implied warranty?

A

If the predetermined standard for quality or performance exists but is not specified, it is considered an implied warranty. This type of warranty takes effect if the buyer depends on the seller’s expertise when making a purchasing decision. If you purchase items that are
widely available on the market, it is assumed that you are relying on the seller’s expertise in determining that the goods are merchantable and fit for a particular purpose.
On the other hand, if you are a technical expert, and you require an unusual modification to the product or you intend to use the standard product in an unusual way, you will not be able to claim implied warranties. Similarly, if you provide detailed product specifications and the seller meets them, you will not be able to claim that the seller breached an express warranty if the goods do not meet your needs.

28
Q

Warranties of

merchantability?

A

A type of implied warranty that requires goods to be fit for ordinary usage. Any sale of an item is subject to warranties of merchantability. The sale of an item for use in a particular project will mean that the item was also subject to warranty of fitness if it can be proven that the seller knew how it will be used.

29
Q

Warranties of fitness for purpose?

A

A type of implied warranty that requires goods to be fit for the usage that was intended by the buyer.

30
Q

What are the 4 types of breaches of contract?

A
  1. Anticipatory
  2. Fundamental
  3. Material
  4. Immaterial
31
Q

Anticipatory Breach?

A

An unavoidable indication that the other party will not be able to produce the performance necessary to fulfill the contract.

32
Q

Fundamental Breach?

A

A breach so serious that it negates the very foundation of the contract.

33
Q

Material Breach?

A

A serious breach that prevents the injured party from benefiting from the contract. In a material breach, the injured party can claim damages, but is no longer obligated to fulfill any contract commitments.

34
Q

Immaterial Breach?

A

The contract is breached in such a way that there is no resulting damage to the injured party; because there are no damages, the injured party is not entitled to receive compensation. This is also called a minor breach.