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一篇很通俗的介绍合同类型的文章

一篇很通俗的介绍合同类型的文章

作者: 众易 | 来源:发表于2019-10-17 08:57 被阅读0次

    What are different Types of Contract?

    Types of Contract – Example and Explanation

    Procurement Management is considered as a difficult topic for the PMP® Exam. However, in my opinion, Procurement Management is one of the easier topics for the PMP® Exam.

    So, Why do PMP® Aspirants find Procurement Management difficult?

    I believe this is due to lack of experience in Procurement Management. Usually, PMP® Aspirants are well-experienced and knowledgeable about other aspects of Project Management. But, over the time, I have noticed that most of the PMP® Aspirants do not have relevant Procurement Management experience. They have not done procurement in their official capacity. I think practical experience is always useful for understating a PMP® Exam topic.

    Let us make Procurement Management Easy for the PMP® Exam.

    You may not have done any Procurement in your office. But as adults you would have definitely done Procurement at home. You would have certainly bought a vehicle or made arrangements for a family vacation. I believe understanding Procurement Management (in fact any Project Management topic) can become easy if you correlate the PMBOK® Guide concepts with your daily life.

    We will discuss Types of Contract in this article and leave other aspects of Procurement Management for another day. Let us understand Types of Contract by looking at one such small example. There are 3 basic Types of Contract:

    Fixed Price (FP) Contracts

    Cost Reimbursable (CR) Contracts – This is also called Cost Plus (CP) Contracts

    Time and Material (T&M) Contracts

    Let us understand these 3 basic Types of Contract. There are some sub-categories of basic Types of Contract also. We will not discuss the sub-categories in this article. Let us understand basic Types of Contract with the help of a small example.

    Note: You can refer to Max Wideman Glossary to read some standard definitions on Types of Contract.

    Example – House Renovation Project

    Let us assume that we have to do a house renovation project. As part of renovation we need to rewire the whole house. There would be 2 broad Cost Components for the rewiring the house

    Human Resource (HR) Cost e.g. Labor Cost

    Material Cost e.g. Wire Cost

    Let us also assume that we (Buyer) have called an Electrical Contractor (Seller) to lay the electricity wire. We asked the Contractor to provide us with a Quotation for re-wiring the house.

    So, how would the Contractor prepare a Quotation?

    The Contractor would start with an estimate of costs. The Contractor would consider aforementioned costs components (HR Costs & Material Cost) to arrive at an Estimate. There could be three different scenarios for arriving at an Estimate. The Contractor can potentially choose one of the possible three scenarios to arrive at an Estimate. The three scenarios would depend on

    how much information we (as a buyer) have shared with the Electrical Contractor

    what are the market (economic) conditions.

    Let us take a look at these 3 scenarios in detail.

    Scenario I – Fixed Price Quotation

    Let us assume we called a Building Architect before calling the Electrical Contractor. The Architect provided us with complete Electrical Layout & Design. The Architect also gave us Material Specifications of the Wiring to be used. In brief we finalized everything before the Contractor walked in. We prepared a detailed Statement of Work for the Contractor. The contractor would study the detailed Statement of Work (finalized designs and material specifications) to provide a Fixed Cost Estimate.

    HR Cost – The contractor would look at the whole house and architectural design to estimate how many Labor units (duration & effort) would be required to complete the work.

    Material Cost – The contractor would survey the house and study the Electrical Layout & Design to make an approximation of how much Wire (quantity of wire) would be required.

    Based on above two estimates, the Contractor can estimate Cost of Labor and Cost of Wire. The Contractor would total these Estimates and add some profit to provide us with a Fixed Price Quotation. This Quotation (once finalized and accepted by us) would become part of the Contract. We will have to pay a Fixed Price to the Contractor for completing the work. Even if the Contractor overruns his estimates, we would not be liable to pay anything extra.

    Salient Features of FP Contracts

    In FP Contracts Scope is well defined and Price is Fixed.

    FP Contracts could run into losses for the Seller if the costs are not managed well. FP Contracts are more risky for Sellers.

    Scenario II – Time & Material Quotation

    This scenario would come if Electrical layout & design was not available with us. We will not be able to provide a detailed Statement of Work to the Contractor. The Contractor would have to prepare the Quotation without a detailed Statement of Work.

    HR Cost – Since the Electrical Layout & Design are not available, the Contractor would not be able to estimate how much Labor units (duration & effort) would be required to complete the work. The Contractor can, however, estimate the Labor Rate per Day (or any other unit of time e.g. hour or week).

    Material Cost – Again the Contractor would not be able to estimate the quantity of wire that would be required to complete the work. The Contractor can, however, estimate the Rate per Meter (or any other unit of quantity e.g. Kg) for different types of wires required.

    The contractor would add a suitable margin to estimated Labor Rate & Wire Rate for re-wiring the house. The Contractor would provide top-up Rates to us as a Rate Quotation. These Rates (once finalized and accepted by us) would become part the Contract. These Rates will remain Fixed for the duration of the Contract. We will have to pay the Fixed Rateto the Contractor for completing the work. The actual quantity of Labor and Material consumed will be used for making final payments.

    Salient Features of T&M Contracts

    In T&M Contracts Quantity is not defined and Rate is Fixed.

    In T&M Contracts both Buyer and Seller can overrun their estimated Cost targets. T&M Contracts are risky for both Buyers and Sellers.

    Scenario III – Cost Reimbursable or Cost Plus Quotation

    This scenario is similar to Scenario II above. This scenario would come if Electrical layout & design was not available with us. We will not be able to provide a detailed Statement of Work to the Contractor. The Contractor would have to prepare the Quotation without a detailed Statement of Work.

    In addition, let us assume that Market (Economic) Conditions are constantly changing. There is a constant fluctuation of Labor Rates and Wire Rates in the market. In these conditions, the Contractor cannot reasonably estimate a Fixed Rates.

    In this Scenario, the Contractor would propose (since Labor Rate & wire Rate cannot be fairly estimated) that the Actual Costs incurred by her/him should be Reimbursed. In addition, the Contractor, would ask for a Suitable Fee for the services that she/he would render to complete the work. This proposal (once finalized and accepted by us) would become part the Contract. Neither the Rates nor the Quantity would be Fixed for the duration of the Contract. A Service Level Agreement, however, can be defined as part of the Contract. We will have to Reimburse all legitimate Costs and give a Suitable (Agreed upon) Fee to the Contractor.

    Salient Features of CP Contracts

    In CP Contracts neither the Rate nor the Quantity is defined.

    CP Contracts could be a huge overhead for the Buyer if costs are not managed well. CP Contracts are more risky for Buyers.

    Conclusion

    Who has more Risk in different Types of Contract?

    Fixed Price – Seller has more Risk

    Time and Material – Buyer and Seller share Risk

    Cost Plus – Buyer has more Risk

    You should read my other article on that provides a formal explanation of different Types of Contract. It will help you in the PMP® Exam preparation.

    Please leave a comment if you have any specific question.

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    Image courtesy of Jeroen van Oostrom at FreeDigitalPhotos.net

    #CONTRACT TYPE#DEFINITIONS#PROCUREMENT MANAGEMENT

    Praveen Malik, PMP

    ​Praveen Malik ​is a certified Project Management Professional (PMP®) with a rich 23+ years of experience. He is a leading Project Management Instructor, Coach and ​Advisor. He ​has successfully trained thousands of aspirants for the PM certification exams.

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