Contract and Procurement Management (Project Management)
Assignment Requirements
Scenario: An Inventory Control System
“You sell seeds from a catalog, and business has been blossoming. However, your inventory tracking system is inadequate. In high season, supply outages have been frequent, and customer complaints over delays have been increasing. You fear that your business will die on the vine unless something is done to improve things. You want to hire a management consultant to design a new inventory tracking system. This kind of work normally requires about 6 months worth of effort. It is now May. You need to issue a “Request for Proposal” for this work. The procurement will be for the design stage only—implementation may or may not be handled under a separate contract at a later date.”
Requirements:
Your RFP or Request for Proposal should utilize the best practices of the pre-award phase listed in the text that apply to your project. You must choose the type of contract (Fixed Price, Cost-Plus, Time and Materials, etc) that you feel is most appropriate for this procurement. I will set the length limit at a minimum of 15 double-spaced pages (12-point font) for the main body of the RFP, no more than 20 pages. You may attach additional appendices if you wish, but these must be limited to clarifying material that has been borrowed from elsewhere or developed as an exhibit and they are not included as part of the minimum 15 page limit.
The first page of your overall submission must be a cover sheet that contains the project title (hopefully, not “PP1” or anything like it—be inventive), your name, your e-mail address, and course identifying information (e.g., “PROJ598 for this term” will suffice —, use the correct term identifier). The second page will be a Table of Contents (TOC) listing the major RFP sections together with page numbers. The next 1 – 15 pages constitute the main body of the RFP. Remember “ALL” sections in the template are graded components, so remember to complete each section and sub-section. You should not have any sections that are not applicable (N/A) or to be determined (TBD) in the proposal. Include a reference page at the “end” of the proposal listing the references that you used in the RFP preparation in APA format, including websites, if any. Don’t forget to cite any sources in the text of your paper using APA format as well. This is an academic assignment, therefore APA format is required. Appendix B contains a list of suppliers to whom you would send the RFP. These must be real bona fide contractors—not hypothetical ones. On that page, explain how you chose these potential suppliers and why they are acceptable for your project. Be detailed with your explanation. The cover sheet, TOC, reference page, and supplier list do not count toward the 15-page minimum.
The structure should, therefore be
Cover sheet (one page)
Table of contents (one page)
RFP main body (Minimum of 15 pages)
References in APA format (no page limit)
Appendices (no page limit)
Appendix B: Supplier list (one page)
PROJ598—Contract and Procurement Management
RFP Template:
Template notes:
The formats of RFPs used by companies and government agencies are seldom the same. The organization of the technical, management, and commercial information included in RFPs varies. There are six commonly used sections of information that procurement groups include in RFPs. We will use these six sections as a template for your RFPs.
1. Instructions to Bidders
2. Description of Work
3. Proposal
4. Specifications and Drawings
5. Special Conditions
6. General Conditions and Contract Agreement
The Instructions to Bidders section provides sufficient information to bidders to allow them to prepare a responsive bid proposal. Most of this information is not required in the final contract for the work. The information in the Description of Work, Proposal, Specifications and Drawings, Special Conditions, and the General Conditions and Contract Agreement sections is included in the final contract for the work. The remainder of this template discusses each of these sections included in RFPs.
Please feel free to type N/A under sections that are not applicable to your project and to add sub-sections as desired. Also, you will want to delete the description information (in blue) after you have added your data under each section of the template.
How to Make Sure You are Writing a Comprehensive RFP
- The RFP should provide sufficient information for a bidder to prepare a bid proposal that is responsive to each of the technical, management, and commercial requirements specified in the RFP.
- The RFP should provide the necessary information concerning contract requirements. When the information from the successful bid proposal is combined with the requirements in the RFP, all of the information required to prepare a contract for the work should be available.
- The management requirement in the RFP should define how the contract work will be managed by the owner and the contractor.
Request for Proposal Template
Name of the RFP topic you chose.
Name of your company (optional)
Company address (optional)
Company phone (optional)
Distribution list (optional)
Your name
Your e-mail address
PM598—Current term
TABLE OF CONTENTS
1.1. General Description of Work. 9
1.2. What Must Be Included with Bid. 9
1.3. Schedule of Bid Period Activities. 9
1.6. Owner Contact for Questions. 10
1.8. Sealed Bid Requirements. 10
1.9. Basis for Bid Evaluation. 11
1.11. Responsibility for Surety Bonds. 11
1.14. Letter of Acknowledgment11
2.1. Engineering Contracts. 12
2.2. Construction Contracts. 13
3.1. Breakdown of Bid Price. 14
3.2. Revisions and Extra Work. 14
3.4. Scheduled Completion Dates. 14
3.5. List of Subcontractors. 14
3.6. Key Supplier or Contractor Personnel14
3.7. Length of Time Bid Is Valid. 14
3.8. List of Bid Document Addenda Reviewed by Bidder14
3.9. Notice of Conflicts or Errors in Bid Documents. 14
3.10. Clarifications of Bids. 15
4. SPECIFICATIONS AND DRAWINGS. 15
6. GENERAL CONDITIONS AND CONTRACT AGREEMENTS. 16
Note: Click somewhere within your table of contents, press F9, select the “update entire table” radio button, and click “OK” to refresh it automatically.
1. INSTRUCTIONS TO BIDDERS
The Instructions to Bidders section contains the information that a bidder requires to prepare a bid proposal that is responsive to each of the requirements that are included in other sections of the RFP. Certain RFPs provide this information in an Invitation to Bid letter as well as in the Instructions to Bidders. The following sections discuss common items that are included, in Instructions to Bidders (referred to as Instructions).
1.1. General Description of Work
The Instructions provide a general description of the work covered by the contract. If there are detailed Description of Work and Specifications and Drawings sections included in the RFP, these sections are referenced in the general description of the work.
1.2. What Must Be Included with Bid
To properly evaluate the bid proposals when they are received, all of the information requested in the RFP must be provided by the bidders. Since several sections of the RFP may require that bidders submit specific information, the instructions summarize the specific information that must be submitted with the bids. Much of the specific information that is required from bidders is addressed in the Proposal section. The technical specifications in the RFP may require that bidders submit certain technical data and procedures with their bid proposals. The management requirements in the Special Conditions may specify that bidders submit information such as quality, safety, environmental, and schedule program descriptions. The commercial requirements can define financial or insurance documents that must be submitted by the bidders.
1.3. Schedule of Bid Period Activities
The Instructions define the date when bids are due. Many RFPs provide the specific time of day that bids must be received. Most companies will not accept bids after the due date. If a bidder notifies an owner in advance that it cannot meet the specified bid submittal date, an owner may extend the deadline for all bidders. Continued extensions of the due dates for bid proposals cause confusion among the bidders and hard feelings on the part of the bidders that complete their proposals on time. The Instructions should clearly define the owner’s position on receiving bids after the due date in the RFP. The Instructions specify the location where bid proposals will be received by an owner as well as the due date.
It is helpful to provide the bidders with an estimate of the date when the contract will be awarded. This date is consistent with project schedule requirements. Providing this date in the Instructions gives the bidders an indication of when contract work will begin and establishes the completion date for the project groups responsible for evaluating the bids for the contract.
If there are specific meetings scheduled during the bid preparation period, the dates for these meetings are defined in the Instructions. For example, there may be a pre-bid meeting to explain the RFP and answer bidder questions. The owner may also want to schedule project site visits and meetings with specific bidders to review their technical and management capabilities.
1.4. Location of Work
The Instructions give the location of the project site. Material and equipment contract bidders need this information to determine shipping costs. If shipments must be made to a storage facility not at the project site, the Instructions provide the location of the storage facility. Service contract bidders may need to visit the site to obtain information necessary to complete their bid proposals. The Instructions provide information on how site visits are arranged with an owner. If the project site is in a remote location, the Instructions provide directions on how to get to the site.
1.5. Pre-Bid Meeting
Pre-bid meetings can be held after the RFPs are issued and prior to the bid due date. Pre-bid meetings may be referred to with other titles in RFPs, such as a pre-proposal conference in government RFPs. If an owner intends to have a pre-bid meeting, the Instructions provide the location, date, and time of the meeting. The Instructions may also describe the purpose of the meeting and how answers to questions from bidders will be handled. The answers to the questions from bidders are normally handled in a formal manner since they are a supplement to the information provided in the RFP.
1.6. Owner Contact for Questions
It is important that an owner designate one individual to act as the contact person for questions from bidders during the bid period. This organizational approach assures that questions are handled in a consistent manner and that all bidders receive the same answers to questions. The answers to individual questions from bidders during the bid period that are not responded to at a pre-bid meeting are also important supplemental information to the original RFP. The procurement group representative assigned to a contract is often the designated contact person for an owner. The Instructions specify the name of the person in the owner’s organization that is responsible for responding to bidder questions. The Instructions also specify the telephone number and address of the contact person. The Instructions define the procedure that will be used for providing answers to all bidders when one bidder asks a question concerning requirements in the RFP.
1.7. Pre-Award Surveys
Certain owners perform pre-award surveys of specific bidders to obtain information on technical and management capabilities. These surveys are performed after the RFP is issued to the bidders and prior to award. The surveys can require detailed presentations from bidders regarding the technical and management approaches that they will take on a contract. The Instructions inform the bidders of the subjects that are covered at these meetings. The surveys are usually conducted at the bidder’s facility since the adequacy of a bidder’s facility is part of the survey. The timing of a pre-award survey is established on an individual bidder basis.
1.8. Sealed Bid Requirements
Many RFPs require that bid proposals are sealed when submitted to an owner. This provides a measure of security that bids have not been altered after they were prepared. The Instructions define the sealed bid requirements. Requirements for addressing the bids to the proper party are defined in the Instructions. If the bids are not required to be sealed, the Instructions address the acceptability of telegraphic and facsimile bid proposals and bid proposal modifications. The Instructions specify the number of copies of bid proposals that are required.
1.9. Basis for Bid Evaluation
There are advantages in defining the basis that an owner will use in evaluating bid proposals. If an owner intends to give significant weight in its bid evaluation to factors such as technical, quality and schedule control capability as well as quoted prices, the bidders should be aware of this fact.
This gives them the opportunity to emphasize the strengths of their technical and management programs. They may propose stronger programs in these areas if they believe that this will improve their chances of contract award. The Instructions should define the basis that an owner will use to evaluate the bidders for contract work.
1.10. Ethical Standards
Many owners include ethical standards that the owner and the supplier or contractors are required to follow in their relationships with one another prior to and after the award of a contract in the Instructions. These standards often come from corporate procurement policies. They include such item restrictions on gifts and entertainment from suppliers and contractors to owner personnel.
1.11. Responsibility for Surety Bonds
If another section of the RFP does not specify the exact requirements for surety bonds for a contract, the Instructions clarify the types of bonds required and the cost responsibility for providing the bonds.
1.12. Proposal Format
If the RFP requires that bidders prepare detailed proposals describing how they will accomplish contract work activities, the Instructions define the format required for the proposals. Limits may be placed on the length of different sections in the proposal to ensure that overly lengthy proposals are not received from bidders.
1.13. List of Bidders
Many RFPs include a list of the companies in the Instructions section that have been asked to bid on the contract. This approach has the advantage of making the bidders aware that they are involved in a competitive bidding process.
Note: A place is provided in Appendix B for a detailed list of bidders.
1.14. Letter of Acknowledgment
It is important that procurement groups receive feedback as early as possible from companies that receive RFPs regarding their intent to bid the work. If one or more companies on the list of bidders for a contract decline to bid, there may be insufficient bidders to satisfy competitive bidding requirements. It may be necessary to send RFPs to additional bidders to obtain the desired number of bid proposals. To obtain this feedback in a timely manner, the Instructions often include a Letter of Acknowledgment that requires bidders to state whether they intend to submit bid proposals.
2. DESCRIPTION OF WORK
Service contracts require a Description of Work in the RFPs. Certain large engineered materials and equipment contracts will also require Description of Work sections in their RFPs. The Description of Work has other titles such as Statement of Work or Scope of Work in RFPs used by different companies and government agencies. Other companies include the Description of Work in the technical specifications for a contract.
The purpose of the Description of Work in the RFP is to define the scope of work for a
contract. Other sections of the RFP for a contract such as the Specifications and Drawings and the Special Conditions also provide information that describes the work scope for bidders. The Description of Work references the other RFP sections as required.
2.1. Engineering Contracts
The Description for an engineering contract RFP contains an overview of the technical features of a project. Other general information such as the location of the project, existing facilities at the project site, and responsibility for licensing and permits is defined. If there is more than one engineering contractor on a project, the scopes of the other engineering contracts are defined in sufficient detail for the bidder to understand its role in the design of a project.
If there is a performance specification in the engineering contract RFP, the Description references the specification for details concerning the technical requirements for the design of the project. If there is not a performance specification included in the RFP, the Description contains the owner’s design performance requirements. If the performance specification includes design areas that are not in the scope of an engineering contract, the Description explains which items in the performance specification apply to the contract.
The division of responsibility between the owner and the engineering contractor is explained in the Description. If an owner intends to perform design functions such as establishing design criteria for certain systems, these functions are defined. The division of responsibility indicates which design documents and procedures produced by the engineering contractor require owner approval. The division of responsibility also establishes the materials and equipment that are procured by the owner and those that are procured by the engineering contractor. The division of responsibility defines whether the engineering contractor or a supplier is responsible for the detailed design of engineered materials.
The type and duration of the support that the engineering contractor is required to provide to other project groups, such as licensing, procurement, construction or manufacturing, and testing, is addressed in the Description. If the engineering contractor is required to provide liaison personnel at the project site to clarify design requirements, this program is defined in the Description.
The quality, schedule, cost, and other management programs required to manage the engineering contract work can be defined in the Description. An alternative approach is to include the management requirements in the Special Conditions. It is not significant which section of the RFP includes the management requirements as long as they are well defined.
2.2. Construction Contracts
The Description for a construction contract RFP contains an overview of the technical features of a project. It also provides the location of the work, existing facilities at the project site, and the responsibility for obtaining permits and licenses for a project. If there are multiple construction contractors working on the project, the scope of work of each construction contractor is described in the Description.
If the construction contract pricing approach is fixed price or unit price, there is a separate section of the RFP that contains technical specifications and drawings. The construction contractor’s responsibilities for performing the work in these specifications and drawings are defined in the Description. In cases where the specifications and drawings include work performed by more than one contractor, the specific responsibilities of each contractor are defined in the Description. If the specifications and drawings are not complete when the RFP is issued, the degree of completion is defined in the Description.
The division of responsibility between an owner and a construction contractor is defined in the description. If the construction contractor will be responsible for detailed design functions, these functions are delineated in the division of responsibility. The division of responsibility specifies the materials and equipment that are furnished to a contractor by an owner. It also specifies the materials and equipment that are procured and installed by the contractor. The division of responsibility defines the responsibility for testing the systems and components installed by a contractor.
The construction contractor’s responsibilities for providing services such as clean up, scaffolding, temporary office buildings, warehousing, temporary electrical, temporary heat, security, and construction equipment are described in the Description. If an owner elects to provide services to a construction contractor, the services are defined in the Description.
The support that a construction contractor is required to provide to other project groups is defined in the Instructions. The contractor can be required to provide as built drawings to the engineering group for final design validation. The contractor may have to provide construction personnel to the testing group to support testing activities. The contractor can be responsible for providing scaffolding for access for inspections by owner quality personnel.
The quality, schedule, cost, safety, environmental, and other management programs required to control the construction contract work can be addressed in the Description. They can also be addressed in the Special Conditions.
3. PROPOSAL
The Proposal section of the RFP contains all of the pricing information required from bidders to allow an owner to evaluate the costs of the bids. It can also define technical and management information that is required from the bidders. The Proposal section of the RFP can have different titles in the RFPs issued by different companies. Certain companies call the Proposal section a Bid Form.
3.1. Breakdown of Bid Price
It is important that the bidder understand the scope of work that is covered by each requested bid price item. It is helpful to reference the Description of Work and the Specifications and Drawings sections of the RFP in defining the scope of work for each bid price item.
3.2. Revisions and Extra Work
If unit prices are feasible for extra work, the Proposal specifies the unit prices required. If extra work will be handled on a reimbursable basis, the Proposal can request cost limits for the reimbursable work.
3.3. Escalation Formulas
If the owner is requesting fixed price bids subject to escalation of labor and material costs, the Proposal requests the formulas that will be applied to current labor and material prices to determine escalation costs. The structure of these formulas can significantly impact the cost of a contract.
3.4. Scheduled Completion Dates
If an owner wants a bidder to provide schedule dates for key contract activities, the Proposal lists the key schedule activities and requests that the contractor provide the dates. Start and completion dates for key contract schedule activities may be requested.
3.5. List of Subcontractors
The Proposal section provides space for bidders to list the subcontractors that they intend to use to perform the contract work. In addition to the names of subcontract firms, bidders should provide descriptions of the subcontractor work scopes, subcontractor experience, location of subcontractor offices, and telephone numbers.
3.6. Key Supplier or Contractor Personnel
The Proposal requires that a supplier or a contractor name the person that will be in charge of the contract work and will be the primary contact for an owner. The names of other key personnel can be requested in the Proposal section.
3.7. Length of Time Bid Is Valid
If there is a possibility that the award of a contract will not occur until a significant period of time after bids are received, the Proposal requests the length of time that a bid is valid after receipt by an owner.
3.8. List of Bid Document Addenda Reviewed by Bidder
If there are bid document addenda issued after the RFP is issued, the Proposal section requests that bidders list the addenda that they have reviewed. This procedure ensures that all bidders have reviewed the necessary documents.
3.9. Notice of Conflicts or Errors in Bid Documents
Requesting that bidders formally notify an owner of conflicts or errors in bid documents provides a formal means of communicating conflicts and errors. The errors can be corrected prior to the start of contract work.
3.10. Clarifications of Bids
Certain Proposal sections provide space for a bidder to state any clarifications or exceptions to its bid. Although the intent of the RFP is to define the work scope in a manner that eliminates the need for clarifications and exceptions, there may be items that are not clear that should be addressed. Excessive clarifications or exceptions may cause a bid proposal to be rejected.
3.11. Bidder Signature
The Proposal contains space for the supplier or the contractor to sign its completed Proposal. It also includes the date the Proposal is signed, the title of the person signing, and any required identification numbers or license numbers.
4. SPECIFICATIONS AND DRAWINGS
Specifications and Drawings sections are required for RFPs for fixed and unit price contracts. They are also required for target price and reimbursable with incentive fee contracts since they define the basis of targets and incentive fees. Depending upon how the contracts are scoped on a project, the specifications and drawings included in the RFP may or may not relate only to the contract for which the RFP is prepared. The Description of Work explains which portions of the specifications and drawings relate to a particular contract. In some cases, the specifications and drawings are marked up to define contract work scopes.
Service contracts usually require a Description of Work in addition to the Specifications and Drawings in the RFP to clarify the work activities that are the responsibility of a contractor. Many engineered materials and equipment contracts do not require extensive Description of Work sections since all necessary information for the bidders is included in the Specifications and Drawings.
Note: Don’t spend too much time creating drawings or specifications. Simply cut and paste a picture from the internet and describe it here.
5. SPECIAL CONDITIONS
The Special Conditions section of the RFP includes all of the management requirements and any other specific contract requirements. The Special Conditions section usually does not address the technical requirements for a project.
The management requirements for RFP’s are prepared by several different project groups as discussed previously. The procurement group receives the management requirements for each contract from these groups. In many cases the language of the management requirements for different contracts can be similar. The procurement group works with the other project groups to determine the extent that management clauses can be standardized in the Special Conditions. Important management requirements for a specific contract should not be omitted from the RFP for the sake of standardization.
Certain RFPs include the Special Conditions information in the Description of Work section. This eliminates the need for the Special Conditions. As long as the management requirements are well defined, it makes little difference if they are included in the Description of Work or the Special Conditions.
Many RFPs do not adequately define all of the necessary management requirements for a contract. Inadequate definition of management requirements can lead to poor management of a contract. Project management has the overall responsibility for assuring that RFP’s adequately define management requirements. It is helpful to include all of the management requirements for a particular area such as control of quality in one part of the RFP. If the quality requirements are contained in different sections in the RFP, it can be difficult to determine if the necessary quality requirements are all included in the RFP.
6. GENERAL CONDITIONS AND CONTRACT AGREEMENTS
The General Conditions section of the RFP contains the commercial requirements for a contract. Many of these commercial terms cover situations, such as changes to the original contract, technical and management requirements, or cases in which the contractor does not perform in accordance with these requirements. Other commercial clauses cover terms of payment, invoicing, and responsibility for tax payments. Since the procurement group is responsible for preparing these commercial terms with assistance from the legal group, the procurement group can prepare the General Conditions section of the RFP with relatively little input from other project groups.
Many RFPs contain a Contract Agreement section in addition to the General Conditions. The purpose of including the Contract Agreement section in the RFP is to show the bidders the contract format that will be used if they are awarded the contract. Contract Agreements contain commercial clauses that are very similar to the clauses normally included in the General Conditions. The Contract Agreement usually includes the General Conditions, Description of Work, Proposal, Specifications and Drawings, and Special Conditions sections in the contract by referencing these documents. This means that the requirements of all of these sections are a part of the contract. It is not significant which commercial requirements are included in the Contract Agreement and which requirements are included in the General Conditions since both sections are included in a signed contract.
Appendix A
Acknowledgment Letter for bid no. ______
(RFP Description)
(Project Description)
Attention: ___________________________ Date:________________
(contact representative)
Receipt of the above captioned Request for Proposal is hereby acknowledged with the following comments:
£ We will submit a bid on or before______________________
£ We will not submit a bid for the following reasons: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
__________________________ has been assigned to be the primary contact person for the bid submission process. The contact telephone, fax, and e-mail are as follows.
Telephone ________________________________
Fax ________________________________
E-mail ________________________________
Designated
Officer ________________________________
Title ________________________________
Address ________________________________
________________________________
Appendix B
Supplier/Bidder List
| Supplier/Bidder | Contact # |
How I chose these potential suppliers: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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