Embed Size (px)
Citation preview
Benchmarking Advanced
Performers
www.procurementoffice.com
Paul EmanuelliManaging Director
The Procurement [email protected]
416-700-8528
Copyright Notice
The following excerpts from GovernmentProcurement (copyright LexisNexis Butterworths2005, 2008, 2012 and 2017), The Laws ofPrecision Drafting (copyright Northern StandardPublishing 2009), Accelerating the Tendering Cycle(copyright Northern Standard Publishing 2012) andthe Procurement Law Update newsletter (copyrightPaul Emanuelli 2006-18) are reproduced withpermission. The further reproduction of thesematerials without the express written permission ofthe author is prohibited.
© Paul Emanuelli, 2018
For further information please contact:[email protected]
About the AuthorPaul Emanuelli is the General Counsel andManaging Director of the Procurement Office. Hewas recognized by Who's Who Legal as one of thetop ten public procurement lawyers in the world.His portfolio includes advising on strategicgovernance in public purchasing and onnegotiating high-profile major procurementprojects. Paul has an extensive track record ofpublic speaking, publishing and training. He is theauthor of Government Procurement, The Laws ofPrecision Drafting, Accelerating the TenderingCycle and the Procurement Law Updatenewsletter. Paul hosts a monthly webinar seriesand has trained and presented to thousands ofprocurement professionals from hundreds ofinstitutions across North America through theProcurement Office and in collaboration withleading industry organizations including NIGP,SCMA, the University of the West Indies andOsgoode Hall Law School.
This presentation describes a 100-point scoring systemcovering five critical factors for identifying, recruiting, anddeveloping top-tier procurement professionals. It explains whyyears of experience should be limited to 20 points maximum,how you should score core competence out of 40 pointsdivided equally between front-end tendering knowledge andback-end contracting skills, and why writing, presentation, andnegotiation skills define the final 40 points that separateadvanced performers from the rest of the industry.
Benchmarking Advanced PerformersFive Factors for Scoring Procurement Performance
Benchmarking Advanced PerformersA. Moving Beyond Years of Experience
Any successful coach will tell you that you don’t build a highlyperforming team based exclusively on a seniority system.Length of experience is important, but it isn’t everything. Infact, bad experience is worse than no experience. Whileendurance and survival within the highly demanding field ofpublic procurement should count for something, it should notbe a determining factor when identifying or developingadvanced performers.
Benchmarking Advanced PerformersA. Moving Beyond Years of Experience
With all things being equal (and being mindful of the “badexperience is worse than no experience” rule) individualsshould typically be credited with two points per year of publicsector experience up to a maximum of 20 points. After tenyears those points should max out since factors other thantime served should have clearly demonstrated themselves tohelp identify advanced performers.
Benchmarking Advanced PerformersA. Moving Beyond Years of Experience
Individuals with only private sector procurement experienceshould be credited with only one point per year up to amaximum of ten points, since the lack of public sectorexperience means that there will be significant additionaldevelopment required for that individual to function in the morecomplex world of public procurement.
Benchmarking Advanced PerformersB. Scoring Core Competence
Core competence should be scored out of 40 points dividedequally between tendering knowledge and contracting skills.An equal distribution between these categories underscoresthe need for a balanced approach to procurement, whereequal value is given to mastering the process details leadingup to contract award and to crafting clear contract terms togovern the post-award phase of the procurement cycle.
B. Scoring Core Competence B.1 Tendering Experience
The 20 points for front-end tendering experience should go toa proven background using different tendering formats. Threeof those points should be allocated to basic experience inusing simple tendering processes, such as Request forQuotation formats; three points should go to experience inusing Request for Supplier Prequalification processes andestablishing Framework Agreements; and another four pointsshould go to experience using construction tendering andfixed-bid “Contract A” process contract formats.
B. Scoring Core Competence B.1 Tendering Experience
The remaining ten points should be allocated to experience inusing Negotiated RFP formats, with at least five of those tenpoints going to experience using advanced multi-stagedNegotiated RFP formats.
B. Scoring Core Competence B.2 Contracting Experience
When scoring the 20 points that go to back-end contractingexperience, assessing the scope and depth of experience isessential. While the range of required contracting experiencemay vary depending on the needs of the specific organization,most large institutions typically require experience withgeneral contracting, construction contracting, and technologycontracting. These three areas also serve as reference pointsfor adapting contracting procedures in other specialized areas.
B. Scoring Core Competence B.2 Contracting Experience
When scoring for contracting experience, only five pointsshould go to experience with basic goods and services,including general consulting services, and basic construction,using standardized design-bid-build stipulated sum contracts.
The remaining 15 points should typically be divided equallybetween:
1) advanced construction projects, including constructionmanagement, design-build, and integrated project deliveryformats;
B. Scoring Core Competence B.2 Contracting Experience
2) complex technology projects calling on industry-specificknowledge of business process mapping, businesscontinuity, confidentiality and privacy, intellectual propertyrights, and limitation of liability issues; and
3) other specialized areas, ranging from specializedcommodities to revenue generating concessionarrangements to emergency response contracts toarchitectural, banking, insurance, benefits, and advertisingcontracts.
Benchmarking Advanced PerformersC. Scoring Advanced Factors
Once years of experience and core competencies areconsidered, strong skills in writing, presenting, and negotiatingare the most probative factors for separating advancedperformers from the rank-and-file of the procurement industry.The 40 remaining points should be allocated to these factors,with the first 20 points scoring an individual’s portfolio ofpublications and presentations and the final 20 points scoringthe individual’s negotiating experience.
C. Scoring Advanced FactorsC.1 Writing and Presenting
Creating a portfolio of procurement articles and presentationsshould be compulsory basic training for developing andmaintaining the writing and speaking skills needed to survivein the trenches of the procurement industry. Individuals shouldscore one point per publication written in the last five years, fora total of up to ten points, and one point per presentation overthe past five years, for a total of up to another ten points.
C. Scoring Advanced FactorsC.1 Writing and Presenting
These factors deserve this weighting since preparing andpresenting concise articles and guides on recurringprocurement issues help clarify an individual’s thinking oncritical topics and help identify knowledge gaps to betterprepare advanced performers for the next time an issuearises.
C. Scoring Advanced FactorsC.1 Writing and Presenting
Furthermore, clients are more likely to follow advice on keyissues in the form of proactively prepared and presentedwritten recommendations than they are to take haphazardadvice delivered in response to a procurement crisis after baddecisions have already been made.
C. Scoring Advanced FactorsC.1 Writing and Presenting
Finally, preparing and delivering presentations help overcomethe fear of public speaking, which is critical to learning how toclearly communicate under pressure. Presentations are goodpractice for standing in front of senior decision-makers to givetimely advice during a procurement crisis or for calmlystanding up to contractors during difficult negotiations.
C. Scoring Advanced FactorsC.1 Writing and Presenting
While many institutions encourage internal newsletters andinternal briefing sessions aimed at enhancing organizationalawareness of procurement issues, there is also no shortage ofindustry publications and conferences looking for generalinterest content to share with other members of theprofession.
C. Scoring Advanced FactorsC.1 Writing and Presenting
Whether developed for an internal or external audience, aportfolio of publications and presentations demonstrates asolid commitment to advancing in the profession and servesas a good indicator for identifying advanced performers whoare committed to growing their craft.
C. Scoring Advanced FactorsC.2 Negotiations
From debriefings and bid disputes or contract awards andcontract disputes, negotiation skills are the final factor thatdefine advanced performers within the public procurementcycle. Heightened transparency obligations have put a clearfocus on the need to negotiate our way through debriefingprocesses and bid-dispute settlements.
C. Scoring Advanced FactorsC.2 Negotiations
At the same time, the proliferation of negotiated RFP formatshas put a premium on procurement advisors who can supportand lead project teams in closing the deal in complexcommercial transactions. Finally, the increased expectationplaced on obtaining value-for-money has amplified the need tobolster negotiation skills, address contract administrationissues, and resolve payment and performance disputes.
C. Scoring Advanced FactorsC.2 Negotiations
The demand for skilled negotiators will only intensify in thefuture. Public sector organizations should be adding to theirbench strength on this front as quickly as possible. For scoringnegotiation experience, up to ten points should be allocated toexperience as an active member of the negotiation team in acomplex project within the last five years. The final ten pointsshould be allocated to experience in leading a negotiationteam in those same situations over the last five years.
Benchmarking Advanced PerformersFuture Considerations
After covering basic experience and core competencies, it’sthe dedication to writing, speaking, and developing negotiationskills that helps identify those who are committed to honingtheir craft and delivering advanced levels of service within theprocurement profession.
Benchmarking Advanced PerformersFuture Considerations
Advanced performers understand the importance ofcontinuous improvement and the refining of essential survivalskills that inform the evolving profession of publicprocurement. It’s these skills and drive that need to beencouraged and developed over time and should be rewardedin institutional hiring and promotion decisions.
Benchmarking Advanced PerformersCategory Weighting Scoring Guidelines Score
Years of Experience
20 Years of public sector experience (2 points/year up to 20)Years of private sector experience (1 point/year up to 10)
Tendering Experience
20 Simple RFQ tendering processes (3 points)Request for Supplier Qualifications (3 points)
Construction tendering and Contract “A” (4 points)Negotiated RFP - single-stage “rank and run” (5 points)
Negotiated RFP - multi-stage “dialogue/BAFO” (5 points)
Contracting Experience
20 Basic goods and services (5 points)Advanced construction (5 points)Complex technology (5 points)
Other specialized areas (5 points)
Writing and Presentation Skills
20 Publications in the past 5 years (1 point/each up to 10)Presentations in the past 5 years (1 point/each up to 10)
Negotiation Skills 20 Member of negotiation team in past 5 years (1 point/each up to 10) Leader of negotiation team in past 5 years (1 point/each up to 10)
Procurement Resource OfficeGo with the PROs: The Procurement Resource Office
We are now offering a new service that focuses specifically on matching procurement professionals seeking career
advancement with public sector institutions seeking new recruits for their in-house procurement teams.
Upcoming Free Webinars: Frontier Justice and the End of Contract A
For those still using Contract A tendering formats, the June2018 Yukon Court of Appeal decision in Mega Reporting Inc.v. Yukon serves as a last call to finally part company with theunclear Contract A rules and join the growing ranks ofinstitutions using flexible lower-risk tendering formats. Sign upto find out why this new Yukon case should put an end toContract A.
Wednesday September 19, 2018, 1:00 – 2:00 pm EDT
Upcoming Free Webinars: 2018 Countdown of Top Newsreel Trends
Our Media Monitoring Team tracks public procurement currentevents by staying on top of the latest news as it happens.After careful analysis of this year’s news reports, we’veidentified the major themes that ruled the 2018 news cycleand should serve as an early warning system for industrytrends in public procurement. From international trade wars tolocal tendering scandals, this webinar offers a globalperspective on the most pressing trends impacting publicprocurement and provides recommendations to avoidingbecoming the next headline.
Wednesday October 17, 2018, 1:00 – 2:00 pm EDT
www.procurementoffice.com
For more information please contact:
Paul EmanuelliManaging Director and General Counsel
Procurement [email protected]
416-700-8528
Heather BakerSenior Procurement Advisor
Procurement [email protected]
416-700-8537
Julia MillsSenior Procurement Advisor and Communications Manager
Procurement [email protected]
416-700-8530
Lisa KuechlerProcurement Operations Assistant
Procurement [email protected]
416-700-8536
