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Effective Contract Management Guidelines for Procurement Officers

Ensure successful contract management by understanding responsibilities, terms, expectations, monitoring performance, problem resolution, and remedies. Communication and documentation are key.

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Effective Contract Management Guidelines for Procurement Officers

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  1. Presenters’ Contact Information Todd Kayser Team 1 Purchasing Officer Procurement Services Group Office of General Services todd.kayser@ogs.state.ny.us (518) 474-1688 www.ogs.state.ny.us Barbara Dougall Team 6 Team Leader Procurement Services Group Office of General Services barbara.dougall@ogs.state.ny.us (518) 474-7273 www.ogs.state.ny.us

  2. The Recipe Begins With • Drafting of Solicitation • Vendor Submissions • Issuance of Contract

  3. Who Are the Parties to the Contract? • End User • Contract Administrator • Contract Vendor

  4. Dedicated Personnel A contract can only work as well as the people overseeing it!

  5. Responsibility

  6. Terms of the Contract • Who? • What? • Where? • When? • How?

  7. Familiarize Yourself Read and understand the terms and conditions of the contract

  8. Expectations • Is there agreement between the end user, administrator and vendor? • Right product? • Right place? • Right time? • Right price?

  9. Communicate and Confer Regularly Maintain a good rapport with the vendor.

  10. Define Your Need Clearly describe what is needed for your specific agency

  11. Document!!! • Expectations • Deliverables • Surveillance • Payment

  12. Reporting Requirements Where Applicable • Employee payroll records • Monthly service reports attached to • invoice for purchase order creation

  13. Monitoring Performance – Factors to Consider • Right Product? • Right Quantity? • Right Place? • Right Performance? • End User Satisfied? • Right Price?

  14. Inspect Not only at the end of the job – But during.

  15. Payment • Accurate purchase orders • Receipt and inspection completed • Verifiable invoices • Take advantage of discounts • Prompt payment legislation

  16. Problems When things go wrong… What are some tell-tale signs something could be wrong?

  17. Address Problems As They Occur Don’t wait until the end to discover the job has not gone as planned…

  18. As an Agency… What do we do now?

  19. Be Sure You Understand Your End of the Bargain • Read all terms and conditions • Address potential misunderstandings • Stay in contact with the client and • contractor • Ensure orders contain correct • information (price, unit, contract #)

  20. Problem Resolution • Meet face to face • Discuss with all parties • Confirm in writing • Involve PSG

  21. Document • Progress reports • Site visits • Discussions • Concerns • Correspondence (e-mail, letters, etc.) • Payments

  22. Remedies When ‘reasonable’ has been exceeded!!!

  23. There Are Alternatives • Withhold Payments • Partial Payments • Buy Against • Liquidated Damages • Contract Cancellation • Responsibility Hearings

  24. Responsibility Hearings • When is “hearing” necessary? • - Before award • - After award • Contract Interpretation Differences • Vendor Responsibility Issues • - Performance • - Capability • - Legal (Indictment) • - Tax Liens

  25. Informal v. Formal • Informal • - Meeting • Formal • - Tape Recorded • - Legal Representation

  26. Responsibility Meeting/Hearing • Notify all concerned parties • Problems encountered • Proposed actions • Third party (Mediator) • Legal representatives(s) • Minutes

  27. Responsibilities

  28. Who – What - When • Facilitator – Manager • Required Attendees: • Agency Personnel • Optional Attendees: • - Counsel • Quality Control Staff • Concerns • Expectations vs. Deliverables • Anytime

  29. Results • Closure (If possible) • Award • - Consider Partial Award • Consider Surety Protection • No Award • Cancellation • Written Agreement Signed by Both Parties • Document in the Procurement Record

  30. Keys for Qualification • Reliability/References/Resources/Records • Experience/Expertise • Service/Size • Performance/Personnel/Place of Business • Operations/Organization/Ownership • Negotiation • Sales/Support • Insurance/Integrity • Bonds (Performance)/Background of Company Principals • Letters of Credit/Licenses/Liability • Expectations (Customer and Contractor)

  31. Document • Document • Document • Document

  32. Remember For every problem… There is a solution…

  33. For Assistance • Customer Services • Purchasing Officer • Proc 111 – Contract Deviation Form • Contract Surveys

  34. Questions and Answers ?

  35. Presenters’ Contact Information Todd Kayser Team 1 Purchasing Officer Procurement Services Group Office of General Services todd.kayser@ogs.state.ny.us (518) 474-1688 www.ogs.state.ny.us Barbara Dougall Team 6 Team Leader Procurement Services Group Office of General Services barbara.dougall@ogs.state.ny.us (518) 474-7273 www.ogs.state.ny.us

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