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Making the leap 
from paying for goods and services 
 to rewarding for desired outcomes!
Presented by:
Jerry Dover, P.Eng.
Director Engineering
Give and Go Prepared Foods Corp.
Engineer and Maintainer
Project
Engineer
Maintenance
Manager
Infantry and
engineering
officer
Introduction
2
Several blows to
the head
Definitions*
Contract:
 a legally binding, voluntary
agreement between parties
3
*from an engineer not a lawyer
 typically defines the
provision of goods or
services
4
Definitions
Defined
Outcomes
Measured
Performance
Linked
Compensation
PERFORMANCE
BASED
CONTRACT
5
Learning From Experience:
A Story*
* About how I learned to use PBCs through trial and error and
mistakes and failures and blows to the head and  so forth
6
Life as a Manager of Contracts
Seemed Stable and Unchanging
Dont worry, if it doesnt
work, well take it back
Our Standard Terms are:
50% downpayment
40% due on notice to ship
10% due on delivery net 30 days
We have a great Service
Agreement for 12
Maintenance visits per
year, unplanned parts and
labour extra
This is all very normal  crazy talk!
7
We Want:
 Predictability - PM contracts
 Reliability - new capital assets
 Productivity  automation
We get:
 Emergency outages
 Unexpected expenses
 Performance below expectations
My happy life as an engineer was
much like your happy life:
8
I had to supply some unique, older
rebuilt equipment to a German
integrator who was building a
showpiece production line
One day, things
changed
They did not want our old equipment
to risk their delivery and payments,
so they asked us to sign
a Performance Contract
9
What is the
underlying
purpose of this
type of contract?
How will it
shift the
balance of risk
and reward?
Can we use this
type of contract to
our benefit?
This Started a
Learning Quest
10
So I tried it on other suppliers, and got
ANGER
CONFUSION
DELAYS
LEGAL
REVIEWS
(GOOD)
REFUSALS
(NOT
GOOD)
11
A key supplier of critical equipment
simply refused to accept it
 First contract after
20 years serving your
company!
 No customer of
ours has ever asked
for this!
 Your performance
demands are too
stringent and unfair!
12
Given this resistance,
do we proceed?
Why the resistance?
(Is it worth the fighting)
What are the true risks
and benefits?
(Will it really help)
How exactly do you
implement & enforce?
(Can we make it work)
13
 overcome the fear of change
 trust: it must be a mutually-beneficial
agreement
 understanding the risks and costs of
failure
 collaborate on defining the service
levels
 be VERY clear on how the outcomes
will be measured, and by whom
 agree on your dispute resolution
mechanisms
Do we go back to the status quo,
or press on with this new way?
14
The PBC Framework
15
The PBC Framework
Table of Contents
1. COMPONENTS OF THIS AGREEMENT ................................... 2
2. SCOPE OF SUPPLY AND PRICE ........................................... 2
3. DELIVERY DATES AND CONDITIONS ................................... 4
4. PERFORMANCE SPECIFICATIONS ........................................ 5
5. TECHNICAL SPECIFICATIONS ............................................ 5
6. INTERFACES ................................................................ 6
7. SHIPPING METHODS AND CONDITIONS ............................... 6
8. INSTALLATION AND COMMISSIONING .................................. 7
9. EQUIPMENT DOCUMENTATION .......................................... 8
11. SPARE PARTS AGREEMENTS ............................................. 10
12. COMMERCIAL AGREEMENTS ............................................. 10
13. CONFIRMATION OF THE AGREEMENT ................................. 13
16
 The Supplier has a financial inventive to beat the targets
 Both parties could track progress clearly
 I could focus on other aspects of the project
The End Results
 Our management was more confident
 When a spec was not met, the vendor
fixed it without complaint
 Both parties got what they wanted!
17
Our teams attitude evolved from
What Did We Learn?
How Are Things Better?
Passive
acceptance of
goods/services
Deeper
understanding of
apportioning risk
Proactive, mature
approach to link
rewards with
outcomes
The Moral of the Story
18
Speak in terms of performance.
Mutually agree to acquire:
 specific capabilities
 desired ranges of availability
 defined standards of build,
finish, and maintainability
19
Focus on:
 true partnering
 a mature, non-adversarial
approach to assigning
incentives and damages
 work hard to determine
capabilities and how to
measure them
The Moral of the Story
They make sense
They improve on the status quo
They help BOTH parties succeed
I welcome your comments and feedback!
jerry_dover@hotmail.com
Additional Resources
21

More Related Content

Dover performance contracts 2015

  • 1. Making the leap from paying for goods and services to rewarding for desired outcomes! Presented by: Jerry Dover, P.Eng. Director Engineering Give and Go Prepared Foods Corp.
  • 2. Engineer and Maintainer Project Engineer Maintenance Manager Infantry and engineering officer Introduction 2 Several blows to the head
  • 3. Definitions* Contract: a legally binding, voluntary agreement between parties 3 *from an engineer not a lawyer typically defines the provision of goods or services
  • 5. 5 Learning From Experience: A Story* * About how I learned to use PBCs through trial and error and mistakes and failures and blows to the head and so forth
  • 6. 6 Life as a Manager of Contracts Seemed Stable and Unchanging Dont worry, if it doesnt work, well take it back Our Standard Terms are: 50% downpayment 40% due on notice to ship 10% due on delivery net 30 days We have a great Service Agreement for 12 Maintenance visits per year, unplanned parts and labour extra This is all very normal crazy talk!
  • 7. 7 We Want: Predictability - PM contracts Reliability - new capital assets Productivity automation We get: Emergency outages Unexpected expenses Performance below expectations My happy life as an engineer was much like your happy life:
  • 8. 8 I had to supply some unique, older rebuilt equipment to a German integrator who was building a showpiece production line One day, things changed They did not want our old equipment to risk their delivery and payments, so they asked us to sign a Performance Contract
  • 9. 9 What is the underlying purpose of this type of contract? How will it shift the balance of risk and reward? Can we use this type of contract to our benefit? This Started a Learning Quest
  • 10. 10 So I tried it on other suppliers, and got ANGER CONFUSION DELAYS LEGAL REVIEWS (GOOD) REFUSALS (NOT GOOD)
  • 11. 11 A key supplier of critical equipment simply refused to accept it First contract after 20 years serving your company! No customer of ours has ever asked for this! Your performance demands are too stringent and unfair!
  • 12. 12 Given this resistance, do we proceed? Why the resistance? (Is it worth the fighting) What are the true risks and benefits? (Will it really help) How exactly do you implement & enforce? (Can we make it work)
  • 13. 13 overcome the fear of change trust: it must be a mutually-beneficial agreement understanding the risks and costs of failure collaborate on defining the service levels be VERY clear on how the outcomes will be measured, and by whom agree on your dispute resolution mechanisms Do we go back to the status quo, or press on with this new way?
  • 15. 15 The PBC Framework Table of Contents 1. COMPONENTS OF THIS AGREEMENT ................................... 2 2. SCOPE OF SUPPLY AND PRICE ........................................... 2 3. DELIVERY DATES AND CONDITIONS ................................... 4 4. PERFORMANCE SPECIFICATIONS ........................................ 5 5. TECHNICAL SPECIFICATIONS ............................................ 5 6. INTERFACES ................................................................ 6 7. SHIPPING METHODS AND CONDITIONS ............................... 6 8. INSTALLATION AND COMMISSIONING .................................. 7 9. EQUIPMENT DOCUMENTATION .......................................... 8 11. SPARE PARTS AGREEMENTS ............................................. 10 12. COMMERCIAL AGREEMENTS ............................................. 10 13. CONFIRMATION OF THE AGREEMENT ................................. 13
  • 16. 16 The Supplier has a financial inventive to beat the targets Both parties could track progress clearly I could focus on other aspects of the project The End Results Our management was more confident When a spec was not met, the vendor fixed it without complaint Both parties got what they wanted!
  • 17. 17 Our teams attitude evolved from What Did We Learn? How Are Things Better? Passive acceptance of goods/services Deeper understanding of apportioning risk Proactive, mature approach to link rewards with outcomes
  • 18. The Moral of the Story 18 Speak in terms of performance. Mutually agree to acquire: specific capabilities desired ranges of availability defined standards of build, finish, and maintainability
  • 19. 19 Focus on: true partnering a mature, non-adversarial approach to assigning incentives and damages work hard to determine capabilities and how to measure them The Moral of the Story
  • 20. They make sense They improve on the status quo They help BOTH parties succeed I welcome your comments and feedback! jerry_dover@hotmail.com

Editor's Notes