Managing Construction and Professional Services Contracts · 2019-09-13 · 2019 CDBG -DR Problem...

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2019 CDBG-DR Problem Solving Clinic 1 2019 CDBG-DR Problem Solving Clinic Kansas City – Overland Park | July 30 – August 1, 2019 Managing Construction and Professional Services Contracts

Transcript of Managing Construction and Professional Services Contracts · 2019-09-13 · 2019 CDBG -DR Problem...

Page 1: Managing Construction and Professional Services Contracts · 2019-09-13 · 2019 CDBG -DR Problem Solving Clinic Practical Tips for Contractor Management 4. 2019 CDBG -DR Problem

2019 CDBG-DR Problem Solving Clinic 1

2019 CDBG-DR Problem Solving ClinicKansas City – Overland Park | J u l y 3 0 – A u g u s t 1 , 2 0 1 9

Managing Construction and Professional Services Contracts

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2019 CDBG-DR Problem Solving Clinic

Session Objectives• Provide best practices and tips for procuring and managing contractors

Speakers• Phyllis Foulds - Financial Analyst, HUD DRSI• Chuck Bearman - Chief Compliance Officer, MS Development Authority• Joe Boyes – Director of Operations, SC• Jeff Haley - Program Director, Housing; LA Office of Community

Development, LA• Calvin Johnson – Director, CDBG-DR; Office of Management and Budget,

New York City

Welcome & Speakers

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2019 CDBG-DR Problem Solving Clinic

1. Welcome and Introductions2. Overview of the Agenda3. Background on the Programs of our Panelists4. Q & A on Contractor Management5. Questions from the room

Agenda

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2019 CDBG-DR Problem Solving Clinic

Practical Tips for Contractor Management

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2019 CDBG-DR Problem Solving Clinic

Start at the Beginning and Look to the End!

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• Good contractor management includes: good program design, appropriate scope of work in the RFP, a well written contract and policies & procedures that support oversight

• Set milestones and only adjust when unexpected situations demand it

• Don’t rely on termination clauses - set performance requirements and reasonable liquidated damages

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2019 CDBG-DR Problem Solving Clinic

Why is Contractor Management Important?

• Critical to overall success• Stewardship of Federal taxpayer dollars• Consistency and Stability fosters good Contractual Relationships• Failure to manage vendors leads to: Duplicative work Substandard work Delays in implementation Repayment Bad publicity Lawsuits

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2019 CDBG-DR Problem Solving Clinic

All costs need to comply with general cost principles:

• Allowable (2 CFR 200.403)• Reasonable (2 CFR 200.404)• Allocable (2 CFR 200.205)

Cost Principles

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2019 CDBG-DR Problem Solving Clinic

• Professional Service Costs (2 CFR 200.459)Determining allowability of costs must consider the

following:‒Are the services needed?‒ Could the grantee have done the services in-house?‒ Is it cost effective to contract vs. in-house with existing or

additional staff?‒ Is the contractor qualified?‒Are the costs appropriate for the services being provided?‒ Is the contract adequate?

Contracted Professional Services

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2019 CDBG-DR Problem Solving Clinic

Contract Requirements

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At a minimum, contracts must include:• Description of services to be provided• Additional Contract Considerations:

Fixed Fee Contracts:‒List & description of

specific deliverables ‒Frequency/due date for

each deliverable

Time/Material Contracts:‒List of staff/positions who will

perform each task‒Estimated time to perform the

task‒Hourly rate of each employee‒Other costs that may be added

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2019 CDBG-DR Problem Solving Clinic

Documentation

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Fixed Fee Contracts:• Description of each task• Calculation of costs due: Unit cost X Number of Units =

Extended Cost; OR % of Task Completed (based on

progress/benchmarks)• Documentation to support each

“deliverable”NOTE: Tasks/Deliverables must be well defined.

• Any other documentation that may have been required

Time/Material Contracts:• Amount billed for each task• Staff Name X Number of Hours =

Extended Costs• Timesheets for contractor staff• Itemized list of any additional costs

(with supporting documents)• Any other documentation that may

have been required under the conditions of the contract

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Contractor invoices must include the following (at minimum!):

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2019 CDBG-DR Problem Solving Clinic

Our Panelists & Their CDBG-DR Programs

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2019 CDBG-DR Problem Solving Clinic

Our Panelists

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Joe Boyes SC

Jeff Haley LA

Phyllis Foulds

Chuck Bearman MS

Calvin Johnson NYC

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2019 CDBG-DR Problem Solving Clinic 13

Q & A

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2019 CDBG-DR Problem Solving Clinic

If you had it to do it over, what would you do differently around program design and procurement? For instance, what would you include in the scope that you didn’t?

Question 1:

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2019 CDBG-DR Problem Solving Clinic

What advice do you have for grantees regarding ConsultantContractor oversight? What worked and what hasn’t? How do you keep your consultants on task?

Question 2:

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2019 CDBG-DR Problem Solving Clinic

What advice do you have for grantees regarding ConstructionContractor oversight? What worked and what hasn’t? How do you keep your consultants on task?

Question 3:

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2019 CDBG-DR Problem Solving Clinic

What are the most difficult documentation issues that you have experienced?We know that Reporting, Compliance, Monitoring and Closeout are important components in CDBG-DR programs, where have you seen issues?

Question 4:

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2019 CDBG-DR Problem Solving Clinic

• The CDBG-DR Toolkit https://www.hudexchange.info/programs/cdbg-dr/toolkits/program-launch/

• Buying Right CDBG-DR and Procurement: A Guide to Recovery https://www.hudexchange.info/resource/5614/buying-right-cdbg-dr-and-

procurement-a-guide-to-recovery/ https://files.hudexchange.info/resources/documents/Buying-Right-CDBG-DR-

and-Procurement-A-Guide-to-Recovery.pdf

• Procurement and Contract Management https://files.hudexchange.info/resources/documents/CDBG-DR-Contract-

Management.pdf

Resources

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2019 CDBG-DR Problem Solving Clinic

Questions?

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Phyllis Foulds - Financial Analyst [email protected]

Chuck Bearman - Chief Compliance Officer, MS Dev. [email protected]

Joe Boyes – Director of Operations, [email protected]

Jeff Haley - Prog. Dir. Housing - Office of Com. Dev. [email protected]

Calvin Johnson – Dir. CDBG-DR at NYC [email protected]

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2019 CDBG-DR Problem Solving Clinic

Peer to Peer Networking Event at Registration

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