Performance-based contracting

Last updated

Performance based contracting (PBC), also known as performance-based logistics (PBL) or performance-based acquisition, is a product and services purchasing strategy used to achieve measurable supplier performance. A PBC approach focuses on developing strategic performance metrics and directly relating contracting payment to performance against these metrics. Common metrics include availability, reliability, maintainability, supportability and total cost of ownership. The primary means of accomplishing this are through incentivized, long-term contracts with specific and measurable levels of operational performance defined by the customer and agreed on by contracting parties. The incentivized performance measures aim to motivate the supplier to implement enhanced practices that offer improved performance and cost effective. This stands in contrast to the conventional transaction-based, or waterfall approach, where payment is related to completion of milestones and project deliverables. In PBC, since a part or the whole payment is tied to the performance of the provider and the purchaser does not get involved in the details of the process, it becomes crucial to define a clear set of requirements to the provider. [1] Occasionally governments fail to define the requirements clearly. This leaves room for providers, either intentionally or unintentionally, to misinterpret the requirements, which creates a game like situation. [2]

Contents

Performance-based approaches are widely used within the defense industry, [3] but can be applied across any spend category.

Overview

PBC is about buying performance, not transactional goods and services, through an integrated acquisition and logistics process delivering improved capability to a range of products and services. PBC is a support strategy that places primary emphasis on optimising system support to meet the needs of the user. PBCs delineate outcome performance goals, ensure that responsibilities are assigned, provide incentives for attaining these goals, and facilitate the overall life-cycle management of system reliability, supportability, and total ownership costs.

A PBC in practice involves a contracting agency (who are contracting the work to an external provider) and a contractor (who are responsible for completing the work set out in the contract). Several other parties are often involved, including subcontractors, a legal team and consultants. These parties work for both contracting agency and contractor completing various elements of work associated with contract development, contracted work completion or performance management / measurement.

United States federal law defines performance-based acquisition [4] and treats it as "the preferred method for acquiring services". [5] The National Defense Authorization Act for Fiscal Year 2001 established an order of precedence for:

  1. performance-based contracting with firm fixed prices
  2. other forms of performance-based contracting
  3. non-performance based contracting. [6] :Section 821(a)

Implementation

A typical process for implementing a PBC is as follows:

  1. Business Case – a document which reviews potential risks, benefits and other potential impacts of a PBC, usually presented to senior managers to aid in their decision making
  2. Outcomes – a short statement reflecting the desired result or final deliverable of the contract
  3. Measures – define a set of performance measures that collectively measure the organisations performance against the outcome statement
  4. Levels – set performance levels for the performance measures, i.e. how well the contractor needs to perform
  5. Payment – develop a set of payment curves which set out the pay for performance regime i.e. how much the contractor gets paid for their performance level
  6. Incentives – set out a group of incentives that encourage positive behaviours and discourage negative behaviours
  7. Contract – draft, review, workshop and finalise a contract which covers all aspects of the performance, payment and terms and conditions of the relationship
  8. Review – conduct an analysis of the outcomes of the PBC, taking into account the differing definitions of success from the different groups involved in the contract.

Naming

PBC is the name used in Australia, New Zealand and Canada to describe the practice of attaching contract payment to a set of performance metrics. It is commonly known as performance-based logistics in the US and Contracting for Availability or Contractor Logistics Support in the UK. Although it was developed in the US for defence applications, and is most actively applied there, PBC strategies are growing in popularity around the world and in industry sectors other than defence. In particular, PBC frameworks are becoming popular in shipping, transport, health services and the energy sector.

Alternative terms include:

Applications

Defence

PBC is widely applied in the Australian defence sector, primarily by the major acquisition and support organisation, the former Defence Materiel Organisation (DMO). It is particularly useful in the defence environment because of the inherent complexity and large scale of the projects.[ citation needed ] Recently, Australian Defence has initiated an escalation of the use of PBCs with the strategic aims of improving capability outcomes and reducing total cost of ownership. In Australia and the US, PBC frameworks are most commonly applied in a defence context.

In October 2000, US Congress approved an incentive for the use of performance-based contracts, through legislation giving the Department of Defense time-limited authority to treat certain performance-based service contracts as contracts for commercial items, which may be awarded using streamlined procedures under Part 12 of the Federal Acquisition Regulation (FAR). [6] :Section 821(b) The Defense Department issued regulations to implement the legislative authority, but the Government Accountability Office reported in 2003 (at the end of the period of temporary authorisation) that no tracking mechanism had been put in place and therefore the Department did not know "the extent to which the authority [had] been used". Defense officials estimated that use had been "limited, at best". [12]

PBC frameworks are currently being used in numerous defence-related projects, including:[ citation needed ]

Industry

Although it is applied primarily in the defence environment, PBC is becoming more popular[ citation needed ] in a broader range of private and public sector organisations as they seek to reduce costs and create a closer link between expenditure and performance goals.

Areas outside defence where PBC is applied include:[ citation needed ]

Some examples:

PBC and Sourcing Business Models

Procurement/Sourcing Business Models

A performance-based model is one of seven Sourcing Business Models. [17] Sourcing Business Models theory is a systems-based approach to structuring supplier relationships. A sourcing business model is a type of business model that is applied to business relationships where more than one party needs to work with another party to be successful. There are seven sourcing business models that range from the transactional to investment-based. The seven models are: Basic Provider, Approved Provider, Preferred Provider, Performance-Based/Managed Services Model, Vested Business Model, Shared Services Model, and Equity Partnership Model. Sourcing business models are targeted for procurement professionals seeking a modern approach for achieving the best fit between buyers and suppliers. Sourcing business model theory is based on a collaborative research effort by the University of Tennessee (UT), the Sourcing Industry Group (SIG) the Center for Outsourcing Research and Education (CORE), and World Commerce & Contracting (formerly the International Association for Contracts and Commercial Management, IACCM). Their initial research formed the basis for the 2015 book, Strategic Sourcing in the New Economy: Harnessing the Potential of Sourcing Business Models in Modern Procurement. [17]

Research

There is discussion[ where? ] about the efficacy of PBC as a product support measure. However, there is significant research to suggest that PBC can reduce costs and result in better supplier outputs/performance against metrics than traditional contracting approaches, such as transaction-based contracts. [18] [19]

The U.S. Department of Defense/Air Force/Defense Acquisition University sponsored a research project conducted by the University of Tennessee,[ when? ] looking at the effectiveness of PBC frameworks in defence projects. The study found that projects employing a true PBC framework resulted in substantially lower costs and improved system readiness / capability when compared to non-PBC arrangements. The U.S. Department of Defense has many documented case studies from award-winning PBL contracts. [20]

In addition, a study by Booz Allen Hamilton found that even incorporating a small amount of a PBC framework into weapons system support will create positive results,[ citation needed ] but an analysis by Kim, Cohen and Netessine (2015) has suggested that greater benefit is achieved under a PBC strategy where the supplier is a "total service provider" with ownership of the assets being supported. [21]

In a more general sense, implementing a PBC framework has a broad range of benefits for organisations, contractors and contracting agencies[ why? ], including:

An international workshop on PBC held in 2014 found both a wide variety of practical applications had been identified for PBC alongside a level of academic interest, but also observed that PBC is "by no means always appropriate". [8]

Related Research Articles

A value chain is a progression of activities that a firm operating in a specific industry performs in order to deliver a valuable product to the end customer. The concept comes through business management and was first described by Michael Porter in his 1985 best-seller, Competitive Advantage: Creating and Sustaining Superior Performance.

The idea of the value chain is based on the process view of organizations, the idea of seeing a manufacturing organization as a system, made up of subsystems each with inputs, transformation processes and outputs. Inputs, transformation processes, and outputs involve the acquisition and consumption of resources – money, labour, materials, equipment, buildings, land, administration and management. How value chain activities are carried out determines costs and affects profits.

Procurement is the process of locating and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. The term may also refer to a contractual obligation to "procure", i.e. to "ensure" that something is done. When a government agency buys goods or services through this practice, it is referred to as government procurement or public procurement.

Purchasing is the procurement process a business or organization uses to acquire goods or services to accomplish its goals. Although there are several organizations that attempt to set standards in the purchasing process, processes can vary greatly between organizations.

Strategic sourcing is the process of developing channels of supply at the lowest total cost, not just the lowest purchase price. It expands upon traditional organisational purchasing activities to embrace all activities within the procurement cycle, from specification to receipt, payment for goods and services to sourcing production lines where the labor market would increase firms' ROI. Strategic sourcing processes aim for continuous improvement and re-evaluation of the purchasing activities of an organisation.

The Federal Acquisition Regulation (FAR) is the principal set of rules regarding Government procurement in the United States, and is codified at Chapter 1 of Title 48 of the Code of Federal Regulations, 48 CFR 1. It covers many of the contracts issued by the US military and NASA, as well as US civilian federal agencies.

In the United States, the processes of government procurement enable federal, state and local government bodies in the country to acquire goods, services, and interests in real property. Contracting with the federal government or with state and local public bodies enables interested businesses to become suppliers in these markets.

The Capability Acquisition and Sustainment Group (CASG) is an organisation within the Australian Department of Defence, responsible for acquisition, supply chain management, and sustainment of military equipment and materiel including aircraft, ships, vehicles, electronic systems, weapons, ordnance, uniforms and rations for the Australian Defence Force. CASG employs more than 7000 military, civilian and contracted staff in more than 70 locations around Australia and internationally.

Military supply-chain management is a cross-functional approach to procuring, producing and delivering products and services for military materiel applications. Military supply chain management includes sub-suppliers, suppliers, internal information and funds flow.

<span class="mw-page-title-main">Stephen Gumley</span>

Stephen John Gumley, AO was the first Chief Executive Officer of the Australian Defence Materiel Organisation, serving in the role from February 2004 to July 2011.

<span class="mw-page-title-main">Bidding</span> Method of competitive price determination used in auctions, stock exchanges, etc.

Bidding is an offer to set a price tag by an individual or business for a product or service or a demand that something be done. Bidding is used to determine the cost or value of something.

<span class="mw-page-title-main">Under Secretary of Defense for Acquisition and Sustainment</span>

The Under Secretary of Defense for Acquisition and Sustainment, or USD(A&S), is the Principal Staff Assistant (PSA) and advisor to the Secretary of Defense for all matters relating to acquisition and sustainment in the Department of Defense. This includes the DoD Acquisition System; system design and development; production; logistics and distribution; installation maintenance, management, and resilience; military construction; procurement of goods and services; material readiness; maintenance; environment and energy resilience ; utilities; business management modernization; International Armaments Cooperation, Cooperative Acquisition and International Agreements, Promoting exportability of military components to allies and partners; nuclear, chemical and biological defense programs; and nuclear command, control, and communications.

A vendor management system (VMS) is an Internet-enabled, often Web-based application that acts as a mechanism for business to manage and procure staffing services – temporary, and, in some cases, permanent placement services – as well as outside contract or contingent labor. Typical features of a VMS application include order distribution, consolidated billing and significant enhancements in reporting capability that outperforms manual systems and processes.

Performance-based logistics (PBL), also known as performance-based life-cycle product support, is a defense acquisition strategy for cost-effective weapon system support which has been adopted in particular by the United States Department of Defense. Rather than contracting for the acquisition of parts or services, DoD contracts to secure outcomes or results. Under PBL, the product support manager identifies product support integrator(s) (PSI) to deliver performance outcomes as defined by performance metric(s) for a system or product. The integrator often commits to this performance level at a lower cost, or increased performance at costs similar to those previously achieved under a non-PBL or transactional portfolio of product support arrangements for goods and services.

<span class="mw-page-title-main">Canadian Commercial Corporation</span> Canadian crown corporation

The Canadian Commercial Corporation is a Canadian federal Crown corporation mandated to support the growth of international trade by helping Canadian exporters gain access to foreign government procurement markets and by helping government buyers abroad to obtain goods from Canada. The ability to enter into commercial contracts as a Government of Canada entity through CCC is designed to give Canadian exporters the opportunity to mitigate risks associated with foreign procurement and international contracting. Canadian businesses exported $2.92 billion in products and services through CCC contracts during the CCC’s 2020-2021 fiscal year.

Offsets are compensatory trade agreements, reciprocal trade agreements, between an exporting foreign company, or possibly a government acting as intermediary, and an importing entity. Offset agreements often involve trade in military goods and services and are alternatively called: industrial compensations, industrial cooperation, offsets, industrial and regional benefits, balances, juste retour or equilibrium, to define mechanisms more complex than counter-trade. Counter-trade can also be considered one of the many forms of defense offset, to compensate a purchasing country. The incentive for the exporter results from the conditioning of the core transaction to the acceptance of the offset obligation.

Multisourcing is the concept of working with multiple suppliers who are also competitors. Large-scale buyers, such as the U.S. federal government, may want to feel assured that there is more than one supplier for an item.

<span class="mw-page-title-main">VSE Corporation</span> American diversified services company

VSE Corporation is an American company which provides supply chain management support and consulting services for land, sea, and air transportation assets. VSE serves commercial customers as well as the United States Government, including the United States Department of Defense (DoD). Operations include: supply and distribution; maintenance, repair, and overhaul (MRO) services for ground transport and aviation; vehicle and equipment refurbishment; IT and health care IT solutions.

<span class="mw-page-title-main">Military acquisition</span>

Military acquisition or defense acquisition is the "bureaucratic management and procurement process", dealing with a nation's investments in the technologies, programs, and product support necessary to achieve its national security strategy and support its armed forces. Its objective is to acquire products that satisfy specified needs and provide measurable improvement to mission capability at a fair and reasonable price.

<span class="mw-page-title-main">Reverse auction</span> Auction with one buyer and many potential sellers

A reverse auction is a type of auction in which the traditional roles of buyer and seller are reversed. Thus, there is one buyer and many potential sellers. In an ordinary auction also known as a forward auction, buyers compete to obtain goods or services by offering increasingly higher prices. In contrast, in a reverse auction, the sellers compete to obtain business from the buyer and prices will typically decrease as the sellers underbid each other.

At around £290 billion every year, public sector procurement accounts for around a third of all public expenditure in the UK. EU-based laws continue to apply to government procurement: procurement is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015, and the Public Contracts (Scotland) Regulations of 2015 and 2016. These regulations implement EU law, which applied in the UK prior to Brexit, and also contain rules known as the "Lord Young Rules" promoting access for small and medium enterprise (SMEs) to public sector contracts, based on Lord Young's Review Growing Your Business, published in 2013.

References

  1. Asadabadi, M. R., Saberi, M., & Chang, E. (2017, August). A fuzzy game based framework to address ambiguities in performance based contracting. In Proceedings of the International Conference on Web Intelligence (pp. 1214-1217). ACM.
  2. Asadabadi, M. R., & Sharpe, K. (2019). The ambiguity dilemma in procurement projects. Journal of Business & Industrial Marketing.
  3. Australian Government: Defense, Performance Based Contracting, accessed 25 December 2022
  4. Federal Acquisition Regulation, Subpart 37.7: Performance-Based Acquisition, accessed 13 October 2016
  5. Federal Acquisition Regulation, Subpart 37.102: Service contracts: general - policy, accessed 13 October 2016
  6. 1 2 United States Government Publishing Office, National Defense Authorization Act for Fiscal Year 2001, dated 30 October 2000, accessed 24 December 2022
  7. Ilias Solutions, N.V., Performance Based Logistics, accessed 24 December 2022
  8. 1 2 3 4 5 6 Chartered Institute of Procurement & Supply, Performance-Based Contracting across Public and Private Organisations: Taking Stock, published 2014, accessed 25 December 2022
  9. Wharton, Power by the Hour: Can Paying Only for Performance Redefine How Products Are Sold and Serviced?, 21 February 2007 accessed 13 October 2016
  10. Ng, I. C., Maull, R., & Yip, N. (2009). Outcome-based contracts as a driver for systems thinking and service-dominant logic in service science: Evidence from the defence industry. European Management Journal, 27(6), 377-387.
  11. Durham, C. C., & Bartol, K. M. (2000). Pay for performance. Handbook of principles of organizational behavior, 150-165.
  12. Government Accountability Office, Subject: Use of Legislative Incentive for Performance-Based Contracting Unknown, published 22 May 2003, accessed 15 January 2023
  13. Boeing Defense, Space and Security, IDS Terms and Conditions Guide, Section F, Clause Number: F40, published by the Supplier Management & Procurement organization of Boeing Defense, Space and Security, effective 5 August 2009, accessed 25 December 2022
  14. Defence Materiel Organisation (DMO), New COLLINS Class Submarine Support Contract Signed, published 30 June 2012, archived 2 March 2014, accessed 26 December 2022
  15. "Performance Based Logistics Award". 27 November 2013.
  16. Lockhead Martin, Pentagon And Lockheed Martin Agree To F-35 Sustainment Contracts, published 13 September 2021, accessed 15 January 2023
  17. 1 2 Keith, Bonnie; et al. (2016). Strategic Sourcing in the New Economy: Harnessing the Potential of Sourcing Business Models for Modern Procurement (1st ed.). New York: Palgrave Macmillan. ISBN   978-1137552181.
  18. Vitasek, Kate; et al. (2012). Vested: How P&G, McDonald's, and Microsoft are Redefining Winning in Business Relationships (1st ed.). New York: Palgrave Macmillan. ISBN   978-0230341708.
  19. Decarolis, Francesco; Pacini, Riccardo; Spagnolo, Giancarlo (2016). "Past Performance and Procurement Outcomes". doi:10.3386/w22814. S2CID   168558983.{{cite journal}}: Cite journal requires |journal= (help)
  20. Defense Acquisition University, DoD Performance Based Logistics (PBL) Guidebook, accessed 25 December 2022
  21. Kim, Sang-Hyun, Cohen, Morris A. and Netessine, Serguei, Reliability or Inventory? An Analysis of Performance-Based Contracts for Product Support Services, INSEAD Working Paper No. 2015/36/TOM, http://dx.doi.org/10.2139/ssrn.1666100, published 6 May 2015, accessed 22 August 2023

Further reading