An experienced-based argument for the consideration of Performance Based Contracting as an option to improve outcomes. Simply put, moving from "paying contractors for goods and services", to "rewarding partners for measured outcomes".
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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.
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