DP_Contract_management
DP_Contract_management
(Contract Management )
by
Dr. Dilkeshwar Pandey
(Professor-CSE)
KIET Group of Institutions
Acquiring software from external
supplier
11
The tendering process
• Open tendering
• any supplier can bid in response to the
invitation to tender
• all tenders must be evaluated in the
same way
• government bodies may have to do this
by local/international law (including EU
and WTO, World Trade Organization,
requirements
12
The tendering process
• Restricted tendering process
• bids only from those specifically
invited
• can reduce suppliers being
considered at any stage
• Negotiated procedure
• negotiate with one supplier e.g. for
extensions to software already
supplied 13
Stages in contract placement
requirements
analysis
evaluation
plan
invitation to
tender
evaluation of
proposals
14
Requirements document:
sections
• introduction
• description of existing system and current
environment
• future strategy or plans
• system requirements -
• mandatory/desirable features
• deadlines
• additional information required from
bidders
15
Requirements
• These should include
• functions in software, with necessary inputs and
outputs
• standards to be adhered to
• other applications with which software is to be
compatible
• quality requirements e.g. response times
16
Evaluation plan
• How are proposals to be evaluated?
• Methods could include:
• reading proposals
• interviews
• demonstrations
• site visits
• practical tests 17
Evaluation plan -contd.
• Need to assess value for money (VFM) for each
desirable feature
• VFM approach an improvement on previous
emphasis on accepting lowest bid
• Example:
• feeder file saves data input
• 4 hours work a month saved at £20 an hour
• system to be used for 4 years
• if cost of feature £1000, would it be worth it?
18
Invitation to tender (ITT)
• Note that bidder is making an offer in
response to ITT
• acceptance of offer creates a contract
• Customer may need further information
• Problem of different technical solutions to
the same problem
19
Memoranda of agreement
• Customer asks for(MoA)
technical proposals
• Technical proposals are examined and
discussed
• Agreed technical solution in MoA
• Tenders are then requested from suppliers
based in MoA
• Tenders judged on price
• Fee could be paid for technical proposals by
customer
20
Contracts
• A project manager cannot be expected
to be a legal expert – needs advice
• BUT must ensure contract reflect true
requirements and expectations of
supplier and client
21
Contract checklist
• Definitions – what words mean precisely
e.g. ‘supplier’, ‘user’, ‘application’
• Form of agreement. For example, is this a
contract for a sale or a lease, or a license to
use a software application? Can the license
be transferred?
• Goods and services to be supplied – this
could include lengthy specifications
• Timetable of activities
• Payment arrangements – payments may be
tied to completion of specific tasks
22
• Ownership
Contract checklist - continued
of software
• Can client sell software to others?
• Can supplier sell software to others?
Could specify that customer has
‘exclusive use’
• Does supplier retain the copyright?
• Where supplier retains source code, may
be a problem if supplier goes out of
business; to circumvent a copy of code
could be deposited with an escrow 23
service
Contract checklist
• Environment - continued
– for example, where
equipment is to be installed, who is
responsible for various aspects of
site preparation e.g. electricity
supply?
• Customer commitments – for
example providing access,
supplying information
• Standards to be met 24
Contract management
Some terms of contract will relate to
management of contract, for example,
• Progress reporting
• Decision points – could be linked to
release of payments to the contractor
• Variations to the contract, i.e. how are
changes to requirements dealt with?
• Acceptance criteria
25
How would you evaluate the
following?