100%

Process - Task 5 of 10

Day 13: Plan and Manage Procurement

About 4.1% of the exam content - about 90 minutes - 14 practice questions

0:00 / --:--

Reading

GCHS buys most of what it builds. Roofing crews, HVAC installers, plumbing, custom accessibility fixtures, engineering reviews: almost none of it is done by staff. That makes procurement one of the highest-leverage skills in the organization, and a full task in the exam outline, because contracts create legally binding obligations that a change request cannot casually undo.

The contract-type risk spectrum A horizontal gradient bar running from blue on the left to orange on the right. Seven contract types are marked along it in a typical order from most seller risk to most buyer risk: firm fixed price, fixed price incentive fee, fixed price with economic price adjustment, time and materials in the middle as a hybrid highlighted in the warm color, cost plus incentive fee, cost plus award fee, and cost plus fixed fee. A caption states that fixed price shifts cost risk to the seller, cost-reimbursable shifts it to the buyer, and time and materials sits in between with fixed rates but open quantity, so the buyer carries the volume risk. Seller carries most risk Buyer carries most risk FFP FPIF FP-EPA T&M CPIF CPAF CPFF Fixed price shifts cost risk to the seller; cost-reimbursable shifts it to the buyer. T&M sits in between: rates are fixed, quantity is open, so volume risk is the buyer's.
Contract types form a spectrum of cost risk between buyer and seller, with time and materials as the hybrid middle case.

Make-or-buy analysis

Every procurement starts with a decision: do it ourselves or buy it. Make-or-buy analysis weighs direct and indirect costs, available capacity and skills, schedule, risk transfer, control, confidentiality, and long-term strategy. Buying transfers some risk to a seller, but it never transfers accountability. If a subcontractor botches an accessibility ramp, the homeowner and the funder hold GCHS responsible, not the sub.

Watch for the trap in scenarios: a cheaper external quote is not automatically the right answer. If the capability is core to the mission, or if the vendor's quality history is poor, or if oversight cost eats the savings, the make option may win. Include the cost of managing the contract in the comparison.

Contract types and who carries the risk

Contract types come up again and again in procurement questions. Learn them as a spectrum of risk between buyer and seller.

Contract typeHow it worksMost risk borne byBest used when
Firm fixed price (FFP)One set price regardless of seller costSellerScope is clearly and completely defined
Fixed price incentive fee (FPIF)Fixed price plus incentive tied to performance, with a price ceilingShared below the ceiling; seller above itDefined scope where performance can be improved
Fixed price with economic price adjustment (FP-EPA)Fixed price adjusted for defined index changesSharedMulti-year deals exposed to commodity or inflation swings
Cost plus fixed fee (CPFF)Costs reimbursed plus a fixed fee amountBuyerScope uncertain; fee does not grow with cost
Cost plus incentive fee (CPIF)Costs reimbursed plus incentive on a sharing ratioBuyer (shared)Uncertain scope where cost control can be rewarded
Cost plus award fee (CPAF)Costs reimbursed plus a subjective award feeBuyerPerformance is judged qualitatively
Time and materials (T&M)Hourly or unit rates, quantity openShared: buyer carries volume, seller carries rate riskSmall or urgent work; staff augmentation; scope not yet known
Key points
  • Fixed price = seller risk. Cost reimbursable = buyer risk. Memorize this direction
  • T&M is a hybrid: rates are fixed like a fixed-price deal, quantities are open like a cost-reimbursable one, so the buyer carries the volume risk
  • Cap T&M contracts with a not-to-exceed amount and a duration limit, or cost runs unbounded
  • Poorly defined scope + fixed price = claims and disputes, not savings

Procurement documents

The procurement statement of work (SOW) describes the work to be purchased in enough detail for sellers to price it: specifications, quantity, quality levels, performance data, period and place of performance, and acceptance criteria. A terms of reference (TOR) serves the same role for services. Get the SOW wrong and everything downstream is wrong.

Bid documents differ by what you are trying to learn:

  • RFI: request for information. You are gathering information about capability, market options, or approach. Not a purchase.
  • RFQ: request for quotation. You know exactly what you want and are comparing price. Best for commodity items with a defined specification, such as 40 squares of a specified shingle.
  • RFP: request for proposal. The problem is defined but the solution is not; you want the seller to propose an approach. Evaluated on technical merit, experience, and price together.
  • IFB: invitation for bid. Sealed competitive bidding, common in public and grant-funded work; typically awarded to the lowest responsive responsible bidder.

Source selection criteria are defined before proposals arrive and may include technical capability, understanding of need, lifecycle cost, past performance, financial capacity, warranty, references, management approach, and increasingly sustainability credentials or local hiring commitments. Weight them in advance. Deciding criteria after seeing the bids invites bias and, on federal or state grant funding, audit findings.

Running the procurement

A bidder conference (pre-bid or contractor conference) lets all prospective sellers ask questions at once, and the essential principle is fairness: every seller receives the same information at the same time. Answering one bidder's question privately compromises the process: the exam tests this directly.

Once bids arrive, apply the pre-defined criteria, often with a weighting system, independent estimates (sometimes called should-cost estimates), and proposal evaluation. A bid far below the independent estimate is a warning sign, not a bargain: it usually means the seller misunderstood the SOW and will pursue claims later.

The agreement itself may include the SOW, schedule, deliverables, performance reporting, pricing, payment terms, inspection and acceptance criteria, warranty, insurance and bonding, penalties, incentives, change request handling, and termination and dispute resolution provisions. A key point of law and of the exam: the contract governs. Contract changes require formal contract change control, which is more rigorous than internal change control and typically requires signatures from both parties.

Controlling procurements and administering claims

Control procurements means managing the relationship, monitoring performance against the contract, making payments, and handling changes. Tools include performance reviews, inspections and audits, earned value on the contracted work, and claims administration.

A claim (also called a dispute or appeal) arises when buyer and seller disagree about whether a change occurred, who caused it, or what compensation is owed: a contested change. The preferred resolution is negotiation between the parties. If that fails, the escalation path defined in the contract applies, commonly mediation (a neutral facilitates, non-binding), then arbitration (a neutral decides, usually binding under ADR provisions), with litigation as the last and most expensive resort. On the exam, litigation is almost never the correct answer.

Also know termination: contracts can be terminated for cause (the seller breached) or for convenience (the buyer chooses to stop, typically compensating the seller for work completed). Termination for convenience is a legitimate buyer right when the clause exists.

Closing a procurement

Closure includes verifying all work is complete and accepted, resolving open claims, making final payments, updating records, and issuing formal written notice of contract completion. Procurement closure happens at the end of each contract, which may be well before the project itself closes. Do not carry an unclosed contract into project closure: unresolved claims and unreleased retainage become somebody's problem long after the crew is gone.

Procurement in adaptive and hybrid environments

Agile work sits uncomfortably with firm fixed price, because FFP demands scope you cannot yet define. Alternatives include capacity-based or T&M-with-ceiling arrangements, incremental delivery contracts with fixed price per iteration, master services agreements with individual work orders per release, and graduated fixed-price contracts with early-termination-for-convenience clauses. The common thread is buying capacity and outcomes iteratively rather than buying a fully specified scope once. Emphasize collaboration terms, shared definition of done, and frequent acceptance points, because in adaptive work acceptance happens continuously rather than once at the end.

Common trap

A subcontractor on a firm fixed price contract discovers the work is harder than they bid and asks GCHS to cover the overage. The trap answers are "pay it to keep the relationship" and "refuse and threaten default." Under FFP the seller carries cost risk, so absorbing it is not automatic, but the PM should first determine whether the added difficulty stems from a buyer-caused change such as an incomplete SOW or a differing site condition, in which case a legitimate change request and equitable adjustment may apply. Understand the cause, apply the contract, and negotiate. Do not decide from sympathy or from reflex.

Practice Questions

1. Under a firm fixed price contract, who bears the MOST cost risk?

  1. Both equally
  2. The end user
  3. The buyer
  4. The seller

2. Under a cost plus fixed fee contract, who bears the MOST cost risk?

  1. The seller
  2. The bonding company
  3. Neither party
  4. The buyer

3. A time and materials contract is BEST characterized as:

  1. A contract type that eliminates buyer risk
  2. A pure fixed price arrangement
  3. A hybrid with fixed rates but open quantity, so the buyer carries volume risk
  4. A cost-reimbursable contract in which the seller earns no fee or profit on labor

4. GCHS needs 40 squares of a specific, fully specified shingle. Which bid document is MOST appropriate?

  1. Nothing: issue a purchase order without competition
  2. RFI
  3. RFQ
  4. RFP

5. GCHS knows it needs a solution for tracking accessibility modifications but does not know the best approach. Which document should be issued?

  1. RFP
  2. IFB
  3. Purchase order
  4. RFQ

6. While proposals are being prepared, one prospective seller phones the PM with a private clarifying question about the SOW. What should the PM do?

  1. Provide the question and answer to all prospective sellers
  2. Disqualify the seller for improper contact
  3. Refer the seller to the sponsor for a ruling on the question
  4. Answer privately since it is a minor question

7. A CPIF contract has a target cost of 200,000 dollars, a target fee of 20,000 dollars, and a sharing ratio of 80/20 (buyer/seller). Actual cost comes in at 180,000 dollars, 20,000 dollars under target, and the fee stays within its minimum and maximum limits. What is the seller's final fee?

  1. 24,000 dollars
  2. 20,000 dollars
  3. 16,000 dollars
  4. 36,000 dollars

8. A vendor quote is significantly cheaper than doing the work in-house, but the vendor has a poor quality history and would require substantial oversight. What should the PM do?

  1. Automatically choose the vendor, since it is cheaper
  2. Weigh the full cost, including oversight and quality risk, before deciding
  3. Always choose in-house work regardless of cost
  4. Escalate the decision to the sponsor without any analysis

9. Which document serves the same purpose as a procurement statement of work, but for services rather than goods?

  1. Source selection criteria
  2. Terms of reference (TOR)
  3. Independent cost estimate
  4. Request for proposal (RFP)

10. A dispute arises between GCHS and a subcontractor over whether a change occurred. What is the PREFERRED first step toward resolution?

  1. Arbitration
  2. Negotiation between the parties
  3. Mediation
  4. Litigation

11. GCHS decides to stop a contract early for its own reasons, unrelated to any subcontractor fault, and compensates the seller for completed work. This is:

  1. Termination for default after repeated seller breaches
  2. A breach of contract
  3. Termination for cause
  4. Termination for convenience

12. A bid comes in far below the independent (should-cost) estimate. What does this MOST likely indicate?

  1. An excellent bargain that should be accepted immediately
  2. The seller may have misunderstood the SOW and could pursue claims later
  3. The independent estimate was wrong and should be discarded
  4. The seller is guaranteed to deliver at a loss

13. When should source selection criteria be defined?

  1. Only for RFQs, never for RFPs
  2. By the winning seller, during contract negotiation
  3. Before proposals arrive
  4. After reviewing all proposals, to fit the strongest bidder

14. Which procurement approach BEST fits an adaptive (agile) delivery environment?

  1. A single IFB with sealed bids evaluated once
  2. A cost plus award fee contract negotiated only at project closeout
  3. A master services agreement with individual work orders per release
  4. A single firm fixed price contract for the full scope, which is still unspecified

Glossary

Make-or-buy analysis
Weighing whether to perform work internally or purchase it, considering cost, capacity, risk, control, and strategy.
Firm fixed price (FFP)
A contract with one set price regardless of seller cost; the seller carries the most cost risk.
Cost plus fixed fee (CPFF)
A contract reimbursing seller costs plus a fixed fee that does not grow with cost; the buyer carries the most cost risk.
Time and materials (T&M)
A hybrid contract with fixed unit rates but open quantity, leaving volume risk with the buyer; needs a not-to-exceed cap.
Bidder conference
A meeting where all prospective sellers receive the same information and ask questions at the same time, to preserve fairness.
Claim
A contested change between buyer and seller over whether it occurred, who caused it, or what compensation is owed; also called a dispute or appeal.
Termination for convenience
A buyer's right to end a contract for its own reasons, typically compensating the seller for completed work.
Source selection criteria
Weighted factors, defined before proposals arrive, used to evaluate and choose among sellers.

Progress

Previous: Day 12 Next: Day 14