Contract Management: Procurement Guidance
Contract Management: Procurement Guidance
Contract Management: Procurement Guidance
Contract Management
General Principles
September 2017
Published September, 2017, First Edition
Copyright © 2016
The World Bank
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Washington DC 20433
Telephone: 202-473-1000
Internet: www.worldbank.org
Disclaimer
This work is a product of the staff of The World Bank. The findings, interpretations, and
conclusions expressed in this work do not necessarily reflect the views of The World Bank, its
Board of Executive Directors, or the governments they represent.
This section explains the common abbreviations and defined terms that are used in this guidance.
Defined terms are written using capital letters.
Bank IBRD and/or IDA (whether acting on its own account or in its
capacity as administrator of trust funds provided by other
donors).
Borrower A Borrower or recipient of Investment Project Financing (IPF) and
any other entity involved in the implementation of a project
financed by IPF>
CMP Contract Management Plan.
Section
Section I.I.Introduction
Introduction
Purpose
This Guidance serves as an introduction for Borrowers on the general principles of Contract
Management, its links to program management, and the connection to broader Supplier
Relationship Management (SRM).
This Guidance is not a comprehensive “how to” guide for contract management – such
approaches need to be determined on a contract by contract basis, reflecting the agreed
contract terms.
This Guidance should be read with reference to the World Bank Procurement Regulations for
IPF Borrowers, the Guidance on Project Procurement Strategy for Development (Long Form
Detailed Guidance), and the Guidance on Value for Money. This guidance is non-mandatory. It
provides advice only and demonstrates good practice. It is subject to the Regulations, which
take precedence.
Effective Contract Management is critical for ensuring the supplier/contractor/consultant,
and the Borrower meet their contractual commitments to time, cost, quality and other agreed
matters. It requires systematic and efficient planning, execution, monitoring, and evaluation
to ensure that both parties fulfil their contractual obligations with the ultimate goal of
achieving VfM and contractual results. It involves:
• tracking and monitoring cost, time, quality and deliverables;
• collaborating to improve performance and promote opportunities for ongoing
innovation e.g. value engineering in appropriate contracts;
• being clear on roles and responsibilities of both Borrower and
supplier/contractor/consultant;
• managing relationships with the supplier/contractor/consultant and key
stakeholders;
• managing payments in accordance with agreed terms;
• being proactive throughout the contract to anticipate problems and issues before
they arise; and
• managing problems and issues as they arise, quickly, effectively, fairly, and in a
transparent manner.
From the Borrower’s perspective, effective Contract Management also:
• ensures the supplier/contractor/consultant delivers upon its commitments;
• obtains best Value for Money (VfM) during the life of the contract;
• manages supply risks for the duration of the contract;
• continually challenges to drive best value in its contracts;
• ensures effective contracts that continue to deliver the requirements;
• demonstrates best procurement practice in the management of contracts; and
• provides evidence to support any audits.
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Section
Section II.II.Overarching
Overarching Principles
Principles
The “Plan” phase enables the successful execution of contracts. During the “Execute” phase,
Borrowers engage the supplier/contractor/consultant following an agreed procurement
process. Lastly, in the “Manage” phase, Borrowers monitor and manage
supplier/contractor/consultant performance to ensure that contractual commitments made
are actually delivered, and that benefits are optimized (monitoring, may also include Bank
supervisory activities). Figure II below outlines the contract management framework with the
three (3) phases with defined capabilities and associated functions.
• Contract Management is an essential element of the World Bank’s fit for purpose
procurement approach
• It helps ensure that contracts deliver the intended project outcomes and Manage Plan
procurement objectives Contract Contract
• A Contract Management Framework therefore enables increased operational
efficiency and effectiveness, through improved compliance, awareness, visibility
and control over contracts
• A Contract Management Framework consists of three major components that Execute
allow contracts to be considered through the full delivery cycle Contract
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Section III.Fit-for-Purpose
Section III. Fit-for-Purpose Contract
Contract Management
Management
As illustrated in figure IV above, the Borrowers contract management approach and effort
should link to the degree of criticality of the procurement to the project financed by the World
Bank and/or others. However, the Borrowers contract management approach must also be
proportional (based on supplier positioning matrix and nature, size, complexity, risk and value).
Critical contracts, or those with greater degrees of unknowns (e.g. performance based
contracts, design build operate contracts etc.) will require more active contract management,
including the setting of key performance indicators (KPIs). Whereas lower risk contracts, or
those with very clearly defined requirements will require less active contract management.
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Section IV.Balanced
Section IV. Balanced Scorecard
Scorecard Approach
Approach
Borrower’s may wish to consider applying a balanced scorecard approach as part of their
contract management plan. A balanced scorecard involves both quantitative, as well as
qualitative measures. A balanced scorecard is a modern management technique to monitor,
track, visualize, rate and benchmark the supplier/contractor/consultant performance, see
Figures V, VI and VII below:
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4. Partnership a. Relationship Committed to building and • Number of no shows of supplier senior executives
& Innovation maintaining effective relationships in steering committee meetings etc.
with senior executives. • Number of dedicated supplier account
management visits
b. Flexibility & Demonstrates willingness and • Number of requests met without raising CRs
Responsiveness ability to respond to non- • Timely response to sourcing and ad-hoc
forecasted demand and ensure requirements "
timely response to sourcing
requirements
c. Continuous Improved processes, products and • Number of improvement and innovation
Improvement and services that are credible and recommendations that are accepted
Innovation implementable (quick wins). New • Adherence to supplier development plan
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Section V. Contract Management Challenges,
RisksChallenges,
Section V. Contract Management and Potential Mitigations
Risks and Potential Mitigations
Without effective Contract Management, Borrowers can struggle to deliver projects e.g.
Borrowers will need to manage multiple contracts in order to construct a civil engineering
project to time, quality and cost expectations. Figure VIII highlights typical challenges that
Borrowers may encounter when developing an effective contract management approach:
To help avoid and/or to mitigate the risks associated with these Contract Management
challenges, a risk management plan should be developed by Borrowers. The following are risk
factors and mitigating actions that Borrower may consider for their risk management plan as
part of a PPSD, and to monitor during the duration of the contract:
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C. Performance management:
• The Borrower sets contract performance KPI’s/objectives in the contractual
agreement, and monitors the achievement based on actual results and developments
e.g.:
o efficiency and effectiveness improvements;
o budget or cost reductions; and/or
o realization of more fixed prices/tariffs and jobs in a specified time etc.
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C. Execution
• Borrower’s organization staff monitors supplier / contractor / consultant activity to
ensure that all work is carried out in accordance with the agreed order/contract
specification and to avoid losses to Borrower’s organization or contractor and
subsequent contractor claims;
• Logistics arrangements and procedures, where applicable, at worksite are in place and
actively managed to avoid congestion, downtime/demurrage and claims. Consider:
o transport and distribution;
o goods receiving and inspection on conformity with purchase order;
o stock control (physical and administrative);
o packing and storage of (repaired) products; and/or
o goods shipping.
• Contract assets are recorded on receipt in a standard data system and tracked to avoid
unauthorized use or disposal. Consider:
o general goods supplied;
o critical and/or chemical consumable goods;
o items removed from site for repair or storage;
o contractor equipment and/or hired plant brought onto site; and/or
• Hours worked by contractor / consultant staff are accurately recorded.
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• Borrowers benchmark their practices against other similar organizations and can
demonstrate that this has improved local contract (administration) practices.
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Example mitigations:
• Borrower senior staff (and the Bank as appropriate) supervise the process operations in a
sufficiently detailed manner to ensure adherence to applicable policies, procedures and
contracts/Service Level Agreement’s;
• Borrower senior staff (and the Bank as appropriate) frequently reviews actual
performance against (budgeted) objectives and standards (including analyses of
deviations) to ensure the achievement of objectives; and/or
• Borrower senior staff (and the Bank as appropriate) reviews and maintains a detailed
action plan (which includes complete indication of the responsible person, due dates, follow
up etc.) to ensure effective follow-up of any improvement actions to achieve objectives.
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Section VI.Contract
Section VI. Contract Management
Management Plan (CMP)
Plan (CMP)
CMP definition
Per Annex V, Procurement Regulations for IPF Borrowers, Section 3. Specific Elements of the
PPSD. The PPSD provides the basis for the Borrower to prepare the Procurement Plan and the
subsequent CMP. The PPSD will identify those contracts requiring a CMP. For contracts
identified in the PPSD, the Borrower shall develop a CMP with KPIs and milestone events. The
Borrower shall monitor the performance and progress of contracts, in accordance with the
CMP, and provide timely reports to the Bank. The Bank may use the information gathered to
benchmark performance.
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Section VII.
Section VII. Contract
Contract Management
Management Governance
Governance
Figure IX, based on the Borrower’s determination of the criticality of the contract (using the
supply positioning model in the PPSD Guide, see also section IV), illustrates the approach that
may be used to set the overall contract management governance agenda on an annual, bi-
annual, quarterly or monthly basis as appropriate. This example is only a guide and should be
adjusted to meet the Borrower’s needs on a project case by case basis.
Figure IX – Example topics for Contract Management Governance meetings with indicative frequencies based on
criticality
Records
The Borrower shall retain all Procurement Documents and records of procurements financed
by the Bank, as required in the Legal Agreement.
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Section VIII.Supplier
Section VIII. Supplier Relationship
Relationship Management
Management
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For additional information about the World Bank Procurement
Framework, including Standard Procurement Documents (SPDs),
Guidance, briefing, training and e-learning materials see
www.worldbank.org/procurement