Module 13 Spring 2006 closure
Compiled by Greg Kinney

CLEAREST ITEMS

 

 

 

 

MUDDIEST ITEMS

 

Instructor’s reply:  If I may rephrase it a little, I understand the question to be whether there are non-financial records that contractors must retain after execution of a government project, which might be subject to a post-project governmental audit.

The answer is probably case-specific and best explored by contract lawyers.  What I’ll try to do is give you my limited understanding, with the caveat that legal questions must always be referred to counsel.  (I’m lucky because I have in-house counsel at home.  My wife is an attorney and former district court judge, and she helped me with this.) 

First, warranty-related documentation should always be retained per the terms of the contract.  Aside from that, my understanding is that when the owner accepts a project as complete, it presumptively means just that.  In a theoretical sense, therefore, the contractor has freedom to expunge any records except for those that may be required for legal reasons (which would include copies of final turnover and acceptance documentation, tax related documents, etc.).  That said, it would be imprudent to aggressively destroy all records not explicitly required.  While the owner agency may have accepted a project as complete, if some hidden defect is later discovered, the owner may then file suit against the contractor.  There may be allegations of quality issues or some form of negligence or wrongdoing.  Whatever the cause, if you don’t have some record of what you did, you will be at a severe disadvantage.

As for auditing authority of government agencies, I’ll again speak, but only in the capacity of longtime government observer and not as a regulatory affairs expert.  The government has broad authority to audit performance and compliance, in addition to finances, as long as the audit is focused on something that can be reasonably be construed as having some governmental jurisdiction.  They can and do audit federal contractors; in the case of some defense contractors, their performance audits have resulted in heavy fines and even prison sentences.  To give you an idea of their broad scope, the Government Accountability Office (GAO) has conducted several major or minor audits on the Trans-Alaska Pipeline System.  Alyeska Pipeline has very few contracts with governmental agencies, but perhaps the most important contract at all is the Agreement and Grant of Right of Way between the TAPS owners and the state and federal government.  This agreement carried with it performance stipulations, which is ultimately what gives them the right to audit.  Major examples of their audits have included security on the pipeline, and maintenance and operations practices.

Your observation about the difference between governmental and contractor termination procedures is interesting and deserves some discussion.  Owner agencies (governmental or otherwise) and contractors naturally have different closeout requirements.  The contractor’s concern is execution of the project.  The owner agency had an interest in that, too, but is now concerned with the end product.  Therefore, closeout for the owner is going to involve all the financial and quality pieces (punchlists, functional checkouts, etc.) plus O&M documentation, procedures, etc.  This requires a very structured closeout process, or the process will become erratic at best.  Contractors, on the other hand, do not have product ownership, so their termination work will consist of punchlist work, billings, final accounting, reassignment and termination of personnel, and selection of records to retain (those legally required and those electively retained for future reference and use).

 

Instructor’s reply:  No, it is definitely not the PM’s job to look for whether to terminate a job based on failure to match the company’s goals and needs.  The PM’s job is to get the project done, meeting the so-called triple constraints of scope, schedule and budget.  The PM is focused exclusively on that goal, and in fact is in a very poor position to see the big picture of whether organizational goals no longer require completion of the job. 

What should also be recognized is that the PM is a stakeholder in the project.  His or her livelihood is now tied to the project.  We can’t expect objectivity under those circumstances.  Not to be too political, but we have a current (May 2006) example of how a project organization actually promotes their project in the face of hostile fire.  I am referring to ads run in the Anchorage Daily News by the project organization, the Knik Arm Bridge and Toll Authority, which is obviously interested in assuring their project doesn’t get killed.  I am only pointing this out because it has to be others – in this case through a political process – to determine whether the state really needs this project.  You can’t depend on the project managers for that.

 

Instructor’s reply:  It all depends on the complexity of the project and the requirements.  The authors assumed high end projects, which are the most difficult, for purposes.  I think they recognize that minor-modification projects (on the order of $10K) would not require the same level of effort as major projects (on the order of $100MM, say).

 

Instructor’s reply:  You’ve nailed it.  In organizations like yours or mine, there is a lot going on, different groups with different missions, and lots of functional bergs.  The Baseline maintenance forces may end up subsidizing projects, and sometimes vice versa.  Does it really “all come out in the wash”?  It’s impossible to say.  This is why the authors stress that the seemingly simple task of getting good measurements of certain project attributes may not be so straightforward after all.

 

Instructor’s reply:  I’ll try to answer this.  On your first question, hopefully it is clear that audits can be undertaken for several reasons.  One of them is for cause, which will happen if a project entity (the project team or a contractor) is suspected of having a systematically flawed process or perhaps is suspected of dishonesty.  In this case, the agency commissioning the audit has reason to think that the issues really can’t be addressed at a meeting.  Another reason may to randomly sample a project process in order to determine whether project execution processes are being adhered to.  This is more an issue of general quality assurance.

On the second question, the customer or client is involved if the audit is undertaken at his or her request.  Otherwise, it may be an internal audit, or perhaps a governmental audit (in this case, the government assumed not to be the client).  In these latter kinds of audits, the customer may become a witness and may be interviewed.  But the involvement really depends on the purpose of the audit (if it’s a QA audit, they really shouldn’t be involved).

Finally, should auditing be done for all projects?  No – it is too time consuming and will not provide high value.  QA audits on a sampling basis should provide a picture as to whether the general processes are followed.

 

Instructor’s reply:  Most economists – not all, but most – will argue that sunk costs are not relevant, only future costs (and potential future revenue streams based on completing the investment) are.  If you have spent 60% of your budget, and you find out that it’s almost certain that the project will produce no return even on the 40% remaining (much less the amount already spent), does it make sense to see it through?  It is probably more rational to simply cut your losses.  That’s an example – an economics based example – of a good time to terminate a project.   There are many other examples that are less quantitative and more strategic or personality based.  Either way, if a project can no longer be supported by the organization, it is time for the executives to terminate it.

 

Instructor’s reply:  Six Sigma is a quality process which was originated in Motorola in the 1980s.  The name comes from the world of statistical process control (SPC), and SPC is used in the Six Sigma process methodology (six sigma equates to 3.4 defects per million opportunities).  However, the process overall is management oriented.  Its stated goal is to eliminate defects by redesigning processes so that the defects can never occur in the first place.  Though Motorola originated this, the all-time champion of Six Sigma was Jack Welch, former CEO of GE.  There are numerous books out there on the subject, such as “Six Sigma” by Mikel Harry and Richard Schroeder.  Welch’s autobiography “Jack: Straight from the Gut” (2001) also discusses GE’s adoption of Six Sigma at length.

 

Instructor’s reply:  They didn’t do a great job explaining this.  An example I can think of is about 25 years ago when I was working in Homer, the city was building a new ice facility for fish processing.  The project was constructed and several of the technicians who helped to construct it were hired to operate and maintain it.  The facility was effectively added to the Port and Harbor infrastructure as a manageable entity.