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48 ■ Contract Management / September 2005
In his book Managing in Turbulent
Times, Peter Drucker states that in
turbulent times, “you manage the fun-
damentals and you manage them well…”1
Today’s contracting environmen can
definitely be described as turbulent
times. The acquisition transformation
that has engulfed the defense and
high-tech industries is forcing organi-
zations to take Drucker’s advice and
re-evaluate their fundamental, critical
core processes, specifically their contract
management process, and learn how
to manage them well. Indeed, the
transformation of the contract manage-
ment process from an administrative,
tactical function to a strategic process
integral to corporate strategy and
directly contributing to the orga-
nization’s competitive advantage is
requiring organizations to take a second
look at this critical core process.
Organizations that have successfully
re-assessed their contract management
processes have confirmed the fact that
effective contracts depend, to a great
extent, on the processes used to create
those contracts. Thus, in order to
award and successfully manage effective
contracts, organizations must have
disciplined, capable, and mature
contract management processes in
place. But what are disciplined, capable,
and mature contract management
processes? How can an organization
measure the capability and maturity
of its contract management processes?
This article will introduce the
Contract Management Maturity Model
(CMMM©
) as a tool for measuring an
organization’s contract management
process capability and discuss the
value in periodically assessing an
organization’s contract management
process maturity and using the results
of that assessment as a road map for
continuously improving organizational
contract management process capability.
What Is Process Capability
Maturity?
Organizations have used process
capability maturity models to assess,
measure, and improve their organi-
zational critical core processes, such
as software development and project
management. Maturity, in this sense,
refers to a measure of effectiveness
or capability in any specific process.2
Maturity is usually described in terms
of levels of effectiveness or capability.
A b o u t t h e A u t h o r s
GREGORY A. GARRETT, CPCM, C.P.M.,
PMP, FELLOW, serves as chief compliance
officer, U.S. Federal Government Programs,
Lucent Technologies. He is a member of
the NCMA Board of Advisors and also has
been awarded numerous national and
international business awards. He is a
member of the Washington, D.C., Chapter.
DR. RENE G. RENDON, CPCM, CFCM,
PMP, C.P.M., FELLOW, is on the faculty
of the Graduate School of Business and
Public Policy at the U.S. Naval Postgraduate
School (NPS) in Monterey, CA, where he
teaches graduate courses in acquisition
and contract management. Send comments
on this article to cm@ncmahq.org.
September 2005 / Contract Management ■ 49
A maturity level refers to a level of
organizational capability created by
the transformation of one or more
domains of an organization’s processes.
It is an evolutionary plateau on an
organization’s improvement path from
ad hoc practices to a state of continuous
improvement.3
Finally, a process
capability maturity model refers to an
evolutionary roadmap for implementing
the vital practices for one or more
domains of organizational processes.
It contains the essential elements of
effective processes for one or more
disciplines. It describes an evolutionary
improvement path from an ad-hoc,
immature process to a disciplined,
mature process with improved quality
and effectiveness.4
Thus, contract
management maturity can be defined
as the measure of effectiveness of an
organization’s contract management
processes. These measures of contract
management process effectiveness
can be described in terms of maturity
levels reflecting the organization’s
contract management process capability.
The Contract Management Maturity
Model describes an evolutionary road-
map an organization would pursue in
improving its contract management
process capability from an ad hoc
(immature) process to a continuously
improved, or, optimized (mature)
process. Mature contract management
processes describe organizational
capabilities that can consistently
produce successful business results for
buyers and sellers of products, services,
and integrated solutions.
The CMMM creates a vision of
excellence to help buying and selling
organizations focus on the key areas
of process improvement. It provides
its users with a framework or a guide
for improving their respective level of
performance. It is envisioned that the
model and survey assessment tool will
serve as the foundation for ongoing
discussion and further development
within the contract management pro-
fession. The CMMM provides a visual
tool to help an organization assess the
major steps which they must accom-
plish when either buying or selling
products, services, and integrated
solutions, in either the public or private
business sectors. The maturity levels
reflected in the model allow an
organization to assess their level of
capability for each of the six major
steps, in their respective buying or
selling process.
Why Measure CM Process Maturity?
Today’s current business environment
has changed dramatically. The post-
Cold War economy has given way to
the Global War on Terrorism, and with
it, the changes in the world market
forces. The dynamics of today’s
leading organizations have been sig-
nificantly affected by the “exponential
expansion of human knowledge brought
about by an increase in emerging
technologies, a growing demand for a
broad range of complex, sophisticated
customized goods and services, and
the evolution of worldwide competitive
markets for the production of these
goods and services.”5
Managing Contracts
in Turbulent Times:
The Contract Management Maturity Model
As the corporate contract management function
increases in importance, the need for a systematic
approach to assessing effectiveness and competence
will become critical for an organization to maintain
a competitive advantage.
BY GREGORY A. GARRETT AND RENE G. RENDON
50 ■ Contract Management / September 2005
This new business environment has
forced organizations to rethink their
business processes and core competen-
cies, focusing more on satisfying their
customers, reducing costs, and decreas-
ing product development time. These
organizations, both private and public,
have been forced to reengineer their
business processes to account for these
changing dynamics and to continue to
remain competitive in the marketplace.
The result of this business process
reengineering includes a trend toward
organizational flattening, corporate
downsizing, and increased outsourcing.6
The trend toward increased out-
sourcing is resulting in organizations
having to depend more heavily on
external companies to help perform
their work. By outsourcing services
and production, organizations can
downsize their large payroll burdens,
yet still increase their business activity,
through the use of contractors and
suppliers. Today’s leading organizations
must now manage an increasing
number of contractors and suppliers
who are performing mission-critical
functions in their organizations. Thus,
core organizational competencies must
now include structuring, negotiating,
and administering long-term contracts—
what is known as the contract
management process.7
The contract management process
is now increasing in importance as
contractors and suppliers become
virtual extensions of the buying
organization. As organizations
increasingly rely on critical services
and production contracts as a key to
maintaining their competitive advan-
tage, the organization’s competence
and process capability in contract
management is now more important
than ever. Although organizations
have used process capability maturity
models to assess, measure, and
improve critical core processes, such
as software development and project
management, the application of capa-
bility maturity models to the contract
management process is just beginning
to emerge as a best practice. For more
information on the CMMM, reference
the authors’ book.8
Five Levels of Maturity
The CMMM consists of five levels of
maturity ranging from an ad-hoc level
(Level 1), a basic, disciplined process
capability (Level 2), a fully established
and institutionalized processes capa-
bility (Level 3), a level characterized
by processes integrated with other
corporate processes resulting in
synergistic corporate benefits (Level 4),
and finally, to a level in which
processes focused on continuous
improvement and adoption of lessons
learned and best practices (Level 5).
Level 1—Ad Hoc
The organization at this initial level of
maturity acknowledges that contract
management processes exist; that these
processes are accepted and practiced
throughout various industries, and
within the public and private sectors.
In addition, the organization’s man-
agement understands the benefit and
value of using contract management
processes. Although there are not any
organizationwide established basic
contract management processes, some
established contract management
processes do exist and are used
within the organization, but these
established processes are applied only
on an ad-hoc and sporadic basis to
various contracts. There is no rhyme
or reason as to which contracts these
processes are applied. Furthermore,
there is informal documentation of
contract management processes exist-
ing within the organization, but this
documentation is used only on an
ad-hoc and sporadic basis on various
contracts. Finally, organizational
managers and contract management
personnel are not held accountable
for adhering to or complying with any
basic contract management processes
or standards.
Level 2—Basic
Organizations at this level of maturity
have established some basic contract
management processes and standards
within the organization, but these
processes are required only on selected
complex, critical, or high-visibility
contracts, such as contracts meeting
certain dollar thresholds, or contracts
with certain customers. Some formal
documentation has been developed
for these established contract man-
agement processes and standards.
Furthermore, the organization does
not consider these contract man-
agement processes or standards
established or institutionalized
throughout the entire organization.
Finally, at this maturity level, there is
no organizational policy requiring the
consistent use of these contract man-
agement processes and standards on
other than the required contracts.
Level 3—Structured
At this level of maturity, contract
management processes and standards
are fully established, institutionalized,
and mandated throughout the entire
organization. Formal documentation
has been developed for these contract
management processes and standards,
and some processes may even be
automated. Furthermore, since these
contract management processes are
mandated, the organization allows the
tailoring of processes and documents,
allowing consideration for the unique
aspects of each contract, such as con-
tracting strategy, contract type, terms
and conditions, dollar value, and type
of requirement (product or service).
Finally, senior organizational manage-
ment is involved in providing
guidance, direction, and even
approval of key contracting strategy,
decisions, related contract terms and
conditions, and contract management
documents.
Level 4—Integrated
Organizations at this level of maturity
have contract management processes
that are fully integrated with other
organizational core processes such as
financial management, schedule man-
agement, performance management,
and systems engineering. In addition
to representatives from other
organizational functional offices, the
contract’s end-user customer is also
an integral member of the buying or
selling contracts team. Finally, the
organization’s management periodically
T H E C M M A T U R I T Y M O D E L
September 2005 / Contract Management ■ 51
uses metrics to measure various
aspects of the contract management
process and to make contracts-related
decisions.
Level 5—Optimized
The final and highest level of maturity
reflects an organization whose
management systematically uses
performance metrics to measure the
quality and evaluate the efficiency
and effectiveness of the contract
management processes. At this level,
continuous process improvement
efforts are also implemented to
improve the contract management
processes. Furthermore, the orga-
nization has established lessons
learned and best practices programs
to improve contract management
processes, standards, and documenta-
tion. Finally, contract management
process streamlining initiatives are
implemented by the organization
as part of its continuous process
improvement program.
These five levels of maturity allow
an organization to assess its level of
capability and effectiveness for its
critical contract management process.
The CMMM gives the organization a
greater degree of visibility and granu-
larity into its contract management
process by dissecting the process into
six key process areas. Furthermore,
the CMMM provides a representation
reflecting the contract management
buying processes, as well as the selling
processes. The following provides a
brief description of the six contract
management key process areas for
the buyer as well as the seller.
Key Process Areas and Key
Practice Activities
The CMMM provides the organization
with a detailed roadmap for improving
the capability of its contract man-
agement processes. In order for the
organization to have an accurate and
detailed assessment of its process
capability, the model reflects the six
contract management key process
areas as well as key practice activities
within each process area. These key
process areas and key practice activi-
ties are provided for both the buyer and
seller contract management processes.9
Key Process Areas
(Buyer’s Process)
(1) Procurement Planning: The process
of identifying which business needs
can be best met by procuring
products or services outside the
organization.
(2) Solicitation Planning: The process
of preparing the documents needed
to support the solicitation.
(3) Solicitation: The process through
which a buyer requests bids,
quotes, tenders, or proposals orally,
in writing, or electronically.
(4) Source Selection: The process by
which the buyer evaluates offers,
selects a seller, negotiates terms
and conditions, and awards the
contract.
(5) Contract Administration: The
process of ensuring compliance
T H E C M M A T U R I T Y M O D E L
52 ■ Contract Management / September 2005
with contractual terms and
conditions during contract perfor-
mance up to contract closeout
or termination.
(6) Contract Closeout: The process
of verifying that all administrative
matters are concluded on a con-
tract that is otherwise physically
complete.
Key Process Areas
(Seller’s Process)
(1) Presales Activity: The process of
identifying prospective and current
customers, determining customer’s
needs and plans, and evaluating
the competitive environment.
(2) Bid/No-Bid Decision-Making: The
process of evaluating the buyer’s
solicitation, assessing the compet-
itive environment and assessing
the risks against the opportunities
of a potential business deal, and
then deciding whether to proceed.
(3) Bid or Proposal Preparation: The
process of developing offers in
response to a buyer’s solicitation
or based on perceived buyer needs,
for the purpose of persuading the
buyer to enter into a contract.
(4) Contract Negotiation and
Formation: The process of reach-
ing a common understanding
of the nature of the project and
negotiating the contract terms
and conditions for the purpose of
developing a set of shared expec-
tations and understandings.
(5) Contract Administration: The
process of ensuring compliance
with contractual terms and
conditions during contract perfor-
mance up to contract closeout or
termination.
(6) Contract Closeout: The process
of verifying that all administrative
matters are concluded on a con-
tract that is otherwise physically
complete.
It should be noted that the contract
management key process areas of
contract administration and contract
closeout are identical for both the
buyer and seller—that is, both the
buyer and seller perform identical
contract administration and contract
closeout functions during the manage-
ment of a contractual relationship.
Key Practice Activities
In measuring an organization’s contract
management process maturity, the
CMMM focuses on the organization’s
implementation of key practice activi-
ties within each key process area.
These key practice activities reflect
the tools, techniques, and proven best
practices that leading organizations
use in their respective contract man-
agement processes.
Each key process area consists of
various key practice activities that
have been identified in the contract
management, procurement, sales
management, and project manage-
ment bodies of knowledge, as well as
leading-edge organizations. An example
of a key practice activity within the
procurement planning process would
be conducting market research to
collect and analyze information about
how a specific industry or sector
procures certain types of products or
services, to include types of contract
strategy, type of contracts used,
pricing arrangements, terms and
conditions, and so on.
On one hand, an organization with
a low process capability, or maturity
level for procurement planning, may
reflect an ad-hoc or unstructured
approach for conducting market
research. On the other hand, an
organization with a high level of
maturity in procurement planning
would reflect a market research
approach that is integrated with other
organizational functions and is measured
using efficiency and effectiveness
metrics as a way of continuously
improving this process. The following
are examples of key practice activities
for each contract management key
process area for buyers and sellers.
Key Practice Activities
(Buyer’s Perspective)
Procurement Planning
n The organization has an established
process for effectively determining
the scope of work or description of
the product to be procured.
n The process for determining the
scope of work or description of the
product to be procured includes
representatives from procurement,
program management, technical,
and other affected functional areas.
n Adequate resources to conduct
procurement planning are obtained
by the organization, either internally
or externally.
n Effective market research is con-
ducted as part of the procurement
planning process for analyzing
the types of products and services
available in the marketplace, from
whom, and under what terms and
conditions.
n The procurement planning process
considers other program team areas
such as funds availability, preliminary
cost and schedule estimates, quality
management plans, cash flow
projections, work breakdown
structures, risk management, and
manpower resources.
n The procurement planning process
provides an integrated assessment
of contract type selection, risk man-
agement, and contract terms and
conditions.
n The statement of work adequately
describes the buyer’s requirement
in sufficient detail to allow the pro-
spective sellers to submit a bid or
proposal.
n The result of the procurement
planning process is a documented
acquisition management plan that
effectively provides a roadmap for
the upcoming procurement.
T H E C M M A T U R I T Y M O D E L
September 2005 / Contract Management ■ 53
Solicitation Planning
n The solicitation planning process
includes the use of standard pro-
curement forms and documents
such as solicitations, model con-
tracts, item descriptions, terms and
conditions, statements of work,
work breakdown structures, and
data item descriptions.
n Solicitation planning processes have
incorporated automated and paper-
less processes as much as possible
within the organization, as well as
with customers and contractors.
n Adequate resources to conduct
solicitation planning are obtained by
the organization, either internally
or externally.
n Solicitations are structured to facilitate
accurate and complete responses
from prospective contractors.
n Solicitations are rigorous enough
to ensure consistent, comparable
responses but flexible enough to
allow consideration of contractor
suggestions for better ways to sat-
isfy the requirements.
n Solicitation documents include
appropriate evaluation criteria con-
sistent with the acquisition strategy
of the project.
n The solicitation planning process
allows for amendments to solicita-
tion documents prior to issuing
the solicitation.
Solicitation
n The organization maintains a
qualified bidders list providing
information on prospective sellers
such as relevant experience, areas
of expertise, and other information.
n The organization conducts market
research and advertising to identify
new sources of supplies and services
as part of the solicitation process.
n Depending on the nature of the
procurement, a pre-solicitation
conference or a pre-bid conference
may be conducted to ensure all
prospective contractors have a clear
common understanding of the tech-
nical and contractual requirements
of the procurement.
n The organization solicits inputs
from industry to be used in devel-
oping solicitations for certain types
of procurements.
n The organization uses a paperless
process to the greatest extent pos-
sible in issuing solicitations and
receiving proposals.
Source Selection
n The organization uses evaluation
criteria, evaluation standards, and a
weighting system to evaluate proposals.
n Proposal evaluation focuses on
management criteria, technical
criteria, and price criteria.
n The evaluation criteria for selecting
contractors, either lowest cost/tech-
nically acceptable, or best value, are
tailored to meet the objectives of
the procurement plan.
n The price proposals are compared
against the organization’s inde-
pendent cost estimate during the
proposal evaluation process.
n Price evaluation includes a
determination of price reasonable-
ness, in terms of realism
and competitiveness.
n The organization takes into
consideration a contractor’s past
performance on previously awarded
contracts in evaluating proposals.
n The organization uses a team
approach to conducting negotiations
with potential contractors.
n If needed, the organization may
conduct a pre-award survey on the
potential contractor to verify the
T H E C M M A T U R I T Y M O D E L
54 ■ Contract Management / September 2005
contractor’s technical, managerial,
and financial capability.
n The organization provides debrief-
ings to the successful as well as
unsuccessful contractors.
Contract Administration
n The organization has an established
method for assigning contracts to
individuals or teams for managing
the post-award phase of the contract.
n For applicable contracts, a pre-per-
formance meeting is conducted to
discuss buyer and seller contract
administration responsibilities, as
well as protocols for communication,
performance management, and
contract change management.
n The organization uses a team
approach for monitoring the buyer’s
and seller’s performance to ensure
the fulfillment of contractual obliga-
tions by all parties of the contract.
n The organization has an established
process for managing and controlling
contract changes to cost, schedule,
and performance requirements.
n The organization has an established
process for ensuring that only
authorized individuals negotiate or
agree to contract changes.
n The organization has an established
process for managing seller invoices
and payments.
n An established process for admin-
istering contract incentive-fee and
award-fee provisions is used on
applicable contracts.
n An established process for
conducting periodic and integrated
cost, schedule, and performance
evaluations, such as earned value
management, is used as part of the
contract administration process.
n The organization encourages contract
disputes to be resolved using alternate
disputes resolution methods.
n An established process for main-
taining a conformed copy of the
contract is used to document all
changes to contract requirements.
Contract Closeout
n The organization has an established
process for closing out contracts,
ensuring completion of work, com-
plete documentation, and financial
resolution of issues.
n The contract closeout process
involves checklists, templates, and
forms for ensuring proper documen-
tation of closed-out contracts.
n The closeout process requires
obtaining the seller’s release of
claims as well as verifying final
payment from the buyer.
n The organization has an established
process for exercising a party’s
contractual right to discontinue
performance completely or partially
under a contract.
n The organization has an established
process for exercising a mutual
agreement of the parties to discon-
tinue performance completely or
partially under a contract.
n The contract termination process
requires a written or oral notification
to terminate a contract due to
cause or default.
n The organization maintains a
lessons-learned and best practices
database for use in future projects
and contracts.
Key Practice Activities
(Seller’s Perspective)
Presales Activity
n The organization has an established
process for effectively identifying
prospective and current customers,
determining customer’s needs and
plans, and evaluating the competitive
environment.
n The process for identifying prospec-
tive and current customers involves
an integrated and proactive sales
management effort between the
organizations’s marketing, sales,
and other functional personnel,
and involves the customer’s process
needs, desires, budgets, and key
decision-makers.
n The process for determining and
influencing customer needs and
plans includes conducting market
research and benchmarking to
determine who buys the types of
products the organization sells, and
to stay up to date on the technologies
relevant to its products and services,
the needs of its buyers, the strategies
and activities of its competitors, and
the dynamics of the market. The
result of the market research and
benchmarking is a prioritized list of
potential and existing customers.
n The process for evaluating the
competitive environment involves
an objective analysis of the buyer,
seller, and the seller’s competitors.
This includes a competitive analysis
report of the strengths, weaknesses,
opportunities, and threats (SWOT
analysis) of all players in the com-
petitive environment, as well as a
complete financial business case
analysis assessing the expected
costs, revenue, cost of money,
desired margin, rate of return, and
realized revenue of any potential
sales opportunity.
n The results of presales activity con-
sist of a formal documented sales
management plan that effectively
provides a roadmap for obtaining
and retaining customers. This sales
management plan includes the pri-
oritized list of potential and existing
customers, competitive analysis
report, and the complete business
case analysis.
T H E C M M A T U R I T Y M O D E L
September 2005 / Contract Management ■ 55
Bid/No-Bid Decision-Making
n The organization has an established
process for effectively evaluating
the buyer’s solicitation, assessing
the competitive environment and
the risks against the opportunities
of a potential business deal, and
then deciding whether to proceed.
n The process for effectively evaluating
the buyer’s solicitation involves
an integrated team effort between
the organization’s contracts, cost,
program management, and other
functional personnel.
n The process for effectively assessing
risks involves identifying, analyzing,
and mitigating the risks associated
with a potential project, using
practical risk management tools—
surveys, checklists, models and
reports—containing both quantitative
and qualitative information.
n The process for effectively assessing
opportunities involves identifying
and analyzing the opportunities
that are potentially viable from the
project, using standard forms,
surveys, checklists or models.
n The processes used for analyzing
the risk versus opportunities reflect
a solid understanding of risk man-
agement and a designated risk
management team process to iden-
tify, analyze, and mitigate risks.
n The results of the bid/no-bid
decision-making consist of the final
decision on whether to bid on the
project, and a formal document
justifying the seller’s reason for its
decision.
Bid or Proposal Preparation
n The organization has an established
process for effectively developing
offers in response to a buyer’s solici-
tation or based on perceived buyer
needs, for the purpose of persuading
the buyer to enter into a contract.
n The process of developing proposals
involves an integrated, coordinated,
planned, and controlled team effort
between the organization’s contracts,
cost, program management, and
other functional personnel.
n The organization conducts an
in-depth analysis of the buyer’s
solicitation and develops a com-
pliance matrix showing where it
meets, exceeds, or fails to meet the
buyer’s stated requirements.
n The organization uses a competitive
analysis report to compare the
seller’s strengths and weaknesses to
those of its competitors.
n The organization has an established
process for reviewing standard
contract terms and conditions as
a basis for developing terms and
conditions tailored to a particular
solicitation.
n The organization reviews past
proposals as a tool to share lessons
learned and maintains a lessons-
learned database for documenting
and sharing proposal preparation
best practices.
n Proposals are either supplemented
or replaced with oral presentations
to reduce cycle time, increase the
quality of the products or services
offered, and provide more informa-
tion for better decision-making.
n The organization uses an external
review team to objectively evaluate
the proposal prior to submission of
the proposal to the potential buyer.
n The results of the bid or proposal
preparation process consist of the
proposal and/or oral presentation
with executive summary and
supporting documentation.
Contract Negotiation and Formation
n The organization has an established
process for reaching a common
understanding of the nature of the
project and negotiating the contract
terms and conditions for the pur-
pose of developing a set of shared
expectations and understandings.
n An integrated team approach con-
sisting of highly skilled negotiators
knowledgeable of market and indus-
try practices is used for planning,
conducting, and documenting the
negotiation process.
n The negotiation team develops a
solid and approved team negotiation
T H E C M M A T U R I T Y M O D E L
56 ■ Contract Management / September 2005
plan and uses negotiation agendas,
interim summaries, final negotiation
summary, and negotiation reviews
and approval as part of the organi-
zational negotiation process.
n A documented transition plan and
contract administration plan is used
for transitioning to the contract
administration phase of the project.
n The organization maintains a data-
base of documented lessons learned
and best practices for use in
planning future negotiations.
n The results of the contract negotia-
tion and formation phase is either
a contract agreement acceptable to
the seller’s organization with sup-
porting documentation (negotiation
memorandum) or a documented
decision to “walk away” from a bad
business deal.
Contract Administration
n The organization has an established
method for assigning contracts to
individuals or teams for managing
the post-award phase of the contract.
n For applicable contracts, a pre-per-
formance meeting is conducted to
discuss buyer and seller contract
administration responsibilities, as
well as protocols for communication,
performance management, and
contract change management.
n The organization uses a team
approach for monitoring the buyer’s
and seller’s performance to ensure
the fulfillment of contractual obliga-
tions by all parties of the contract.
n The organization has an established
process for managing and controlling
contract changes to cost, schedule,
and performance requirements.
n The organization has an established
process for ensuring that only
authorized individuals negotiate or
agree to contract changes.
n The organization has an established
process for managing seller invoices
and payments.
n An established process for admin-
istering contract incentive-fee and
award-fee provisions is used on
applicable contracts.
n An established process for con-
ducting periodic and integrated
cost, schedule, and performance
evaluations, such as earned value
management, is used as part of the
contract administration process.
n The organization encourages contract
disputes to be resolved using alternate
disputes resolution methods.
n An established process for main-
taining a conformed copy of the
contract is used to document all
changes to contract requirements.
Contract Closeout
n The organization has an established
process for closing out contracts,
ensuring completion of work, com-
plete documentation, and financial
resolution of issues.
n The contract closeout process
involves checklists, templates, and
forms for ensuring proper documen-
tation of closed-out contracts.
n The closeout process requires
obtaining the seller’s release of
claims as well as verifying final
payment from the buyer.
n The organization has an established
process for exercising a party’s
contractual right to discontinue
performance completely or partially
under a contract.
n The organization has an established
process for exercising a mutual
agreement of the parties to discon-
tinue performance completely or
partially under a contract.
n The contract termination process
requires a written or oral notification
to terminate a contract due to
cause or default.
n The organization maintains a
lessons-learned and best practices
database for use in future projects
and contracts.
T H E C M M A T U R I T Y M O D E L
Figure 1.
Contract Management Maturity Model
Contract Management Process Areas
Maturity Levels Buyer Procurement Planning Solicitation Planning Solicitation Source Selection Contract
Admin
Contract
CloseoutSeller Presales Activity Bid/ No-Bid Decision Bid/Proposal
Preparation
Negotiation/
Formation
5 Optimized
4 Integrated
3 Structured
2 Basic
1 Ad Hoc
CONTRACT MANAGEMENT
KEY PRACTICE ACTIVITIES
September 2005 / Contract Management ■ 57
These contract management key
process areas and key practice
activities are the major components
of the CMMM and are an integral part
of the Contract Management Maturity
Assessment Tool (CMMAT). The
CMMAT is the assessment instrument
used for gathering information from
the organization as part of the matu-
rity assessment process. The contract
management maturity assessment
tool contains specifically developed
questions pertaining to each contract
management key process area and
related key practice activities. The
results of the assessment will indicate
the organization’s maturity level
within each of the key process areas,
in addition to providing an overall
maturity level for the entire contract
management process. For more infor-
mation on the CMMAT, reference the
authors’ book Contract Management
Organizational Assessment Tools,
available through the National
Contract Management Association.
Figure 1 (page 56) illustrates the
CMMM reflecting the five levels of
maturity and the six contract man-
agement key process areas for both
buyers and sellers. These key process
areas provide detailed insight and
visibility into an organization’s con-
tract management process capability.
The Benefits of the CMMM
The CMMAT provides maturity assess-
ments at the program office level
(for organizations with multiple pro-
gram/product management offices) as
well as at the contract management
functional level. Thus, the assessment
results will provide various perspec-
tives on the organization’s contract
management maturity level. The results
may indicate that the organization
has varying levels of process capa-
bility maturity for each contract
management key process area.
Between program offices, some
process areas may be rated at the
“ad-hoc” level, while the same process
area in another program office are
may be rated at the “optimized” level.
In addition, from a contract manage-
ment functional-wide focus, some
process areas may be rated at the “ad-
hoc” maturity level, with deficiencies
in established processes, standards,
documentation, and management
accountability. Yet, other process
areas may be rated at the “Integrated”
maturity level, with process integration
with other organizational core processes
and with the use of efficiency metrics
to make management-level procure-
ment-related decisions.
These maturity assessment results
provide a wealth of insight to the
organization in terms of which contract
management key process areas need
to be improved and which program
offices to direct its improvement effort.
These assessment results also provide
insight on adopting and transferring
process capability activities from
the program offices with higher level
maturity (integrated and optimized)
to the program offices with lower level
maturity (ad-hoc and basic).
Furthermore, the assessment
results will provide the organization
with a roadmap of additional needed
training and education for improving
its contract management process
capability. For example, an organiza-
tion with low maturity level (ad-hoc
or basic) in the source selection key
process area, will know that it needs
to provide additional training or poli-
cies and standards in the areas related
to the key practice activities for that
specific process area. This is the true
value and benefit of the contract man-
agement process capability maturity
model—the continuous improvement
of the organization’s contract manage-
ment processes.
The use of the CMMM for assessing
and improving corporate contract
management process capability is a
significant addition to the contract
management body of knowledge, and
one that is seriously overdue. The
importance of contract management
as a business process will continue
to increase as organizations, both
government and commercial,
increasingly depend on external orga-
nizations for expertise to perform
complex, specialized segments of their
responsibilities.10
This increasing
dependence on external sources
requires an effective and capable
contract management process. As
the corporate contract management
function increases in importance,
the need for a systematic approach
to assessing contract management
effectiveness and competence, as well
as for continuously improving the
contract management process, will
become critical for an organization
to maintain a competitive advantage.
The CMMM and CMMAT, could be
effectively implemented by any orga-
nization, government or commercial,
wishing to improve its contract man-
agement process capability. CM
Endnotes
1. P.F. Drucker, Managing in Turbulent
Times (New York: Harper Business, 1993).
2. P.C. Dinsmore, Winning in Business
with Enterprise Project Management
(New York: AMACOM, 1998).
3. B. Curtis, W.E., Hefley, & S.A Miller,
People Capability Maturity Model
(Boston: Addison-Wesley, 2001).
4. Ibid.
5. J.R. Meredith and S.L. Mantel, Project
Management: A Managerial Approach
(New York: John Wiley and Sons 2003).
6. D.L. Frame, The New Project Management:
Tools for an Age of Rapid Change,
Complexity, and Other Business Realities
(San Francisco: Jossey-Bass, 2002).
7. S. Kelman, “Putting Contracting at the
Core,” Government Executive 33, no. 11
(2001): 11-16.
8. G.A. Garrett and R.G. Rendon,
Contract Management Organizational
Assessment Tools (McLean, Virginia:
National Contract Management
Association, 2005).
9. See G.A. Garrett, World Class
Contracting: How Winning Companies
Build Successful Partnerships in the E-
Business Age (Chicago: CCH Inc, 2003).
10. S.N. Sherman, Contract Management:
Post-Award (Gaithersburg, Maryland:
Wordcrafters, 1987).
T H E C M M A T U R I T Y M O D E L

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Article - CMMM

  • 1. 48 ■ Contract Management / September 2005 In his book Managing in Turbulent Times, Peter Drucker states that in turbulent times, “you manage the fun- damentals and you manage them well…”1 Today’s contracting environmen can definitely be described as turbulent times. The acquisition transformation that has engulfed the defense and high-tech industries is forcing organi- zations to take Drucker’s advice and re-evaluate their fundamental, critical core processes, specifically their contract management process, and learn how to manage them well. Indeed, the transformation of the contract manage- ment process from an administrative, tactical function to a strategic process integral to corporate strategy and directly contributing to the orga- nization’s competitive advantage is requiring organizations to take a second look at this critical core process. Organizations that have successfully re-assessed their contract management processes have confirmed the fact that effective contracts depend, to a great extent, on the processes used to create those contracts. Thus, in order to award and successfully manage effective contracts, organizations must have disciplined, capable, and mature contract management processes in place. But what are disciplined, capable, and mature contract management processes? How can an organization measure the capability and maturity of its contract management processes? This article will introduce the Contract Management Maturity Model (CMMM© ) as a tool for measuring an organization’s contract management process capability and discuss the value in periodically assessing an organization’s contract management process maturity and using the results of that assessment as a road map for continuously improving organizational contract management process capability. What Is Process Capability Maturity? Organizations have used process capability maturity models to assess, measure, and improve their organi- zational critical core processes, such as software development and project management. Maturity, in this sense, refers to a measure of effectiveness or capability in any specific process.2 Maturity is usually described in terms of levels of effectiveness or capability. A b o u t t h e A u t h o r s GREGORY A. GARRETT, CPCM, C.P.M., PMP, FELLOW, serves as chief compliance officer, U.S. Federal Government Programs, Lucent Technologies. He is a member of the NCMA Board of Advisors and also has been awarded numerous national and international business awards. He is a member of the Washington, D.C., Chapter. DR. RENE G. RENDON, CPCM, CFCM, PMP, C.P.M., FELLOW, is on the faculty of the Graduate School of Business and Public Policy at the U.S. Naval Postgraduate School (NPS) in Monterey, CA, where he teaches graduate courses in acquisition and contract management. Send comments on this article to cm@ncmahq.org.
  • 2. September 2005 / Contract Management ■ 49 A maturity level refers to a level of organizational capability created by the transformation of one or more domains of an organization’s processes. It is an evolutionary plateau on an organization’s improvement path from ad hoc practices to a state of continuous improvement.3 Finally, a process capability maturity model refers to an evolutionary roadmap for implementing the vital practices for one or more domains of organizational processes. It contains the essential elements of effective processes for one or more disciplines. It describes an evolutionary improvement path from an ad-hoc, immature process to a disciplined, mature process with improved quality and effectiveness.4 Thus, contract management maturity can be defined as the measure of effectiveness of an organization’s contract management processes. These measures of contract management process effectiveness can be described in terms of maturity levels reflecting the organization’s contract management process capability. The Contract Management Maturity Model describes an evolutionary road- map an organization would pursue in improving its contract management process capability from an ad hoc (immature) process to a continuously improved, or, optimized (mature) process. Mature contract management processes describe organizational capabilities that can consistently produce successful business results for buyers and sellers of products, services, and integrated solutions. The CMMM creates a vision of excellence to help buying and selling organizations focus on the key areas of process improvement. It provides its users with a framework or a guide for improving their respective level of performance. It is envisioned that the model and survey assessment tool will serve as the foundation for ongoing discussion and further development within the contract management pro- fession. The CMMM provides a visual tool to help an organization assess the major steps which they must accom- plish when either buying or selling products, services, and integrated solutions, in either the public or private business sectors. The maturity levels reflected in the model allow an organization to assess their level of capability for each of the six major steps, in their respective buying or selling process. Why Measure CM Process Maturity? Today’s current business environment has changed dramatically. The post- Cold War economy has given way to the Global War on Terrorism, and with it, the changes in the world market forces. The dynamics of today’s leading organizations have been sig- nificantly affected by the “exponential expansion of human knowledge brought about by an increase in emerging technologies, a growing demand for a broad range of complex, sophisticated customized goods and services, and the evolution of worldwide competitive markets for the production of these goods and services.”5 Managing Contracts in Turbulent Times: The Contract Management Maturity Model As the corporate contract management function increases in importance, the need for a systematic approach to assessing effectiveness and competence will become critical for an organization to maintain a competitive advantage. BY GREGORY A. GARRETT AND RENE G. RENDON
  • 3. 50 ■ Contract Management / September 2005 This new business environment has forced organizations to rethink their business processes and core competen- cies, focusing more on satisfying their customers, reducing costs, and decreas- ing product development time. These organizations, both private and public, have been forced to reengineer their business processes to account for these changing dynamics and to continue to remain competitive in the marketplace. The result of this business process reengineering includes a trend toward organizational flattening, corporate downsizing, and increased outsourcing.6 The trend toward increased out- sourcing is resulting in organizations having to depend more heavily on external companies to help perform their work. By outsourcing services and production, organizations can downsize their large payroll burdens, yet still increase their business activity, through the use of contractors and suppliers. Today’s leading organizations must now manage an increasing number of contractors and suppliers who are performing mission-critical functions in their organizations. Thus, core organizational competencies must now include structuring, negotiating, and administering long-term contracts— what is known as the contract management process.7 The contract management process is now increasing in importance as contractors and suppliers become virtual extensions of the buying organization. As organizations increasingly rely on critical services and production contracts as a key to maintaining their competitive advan- tage, the organization’s competence and process capability in contract management is now more important than ever. Although organizations have used process capability maturity models to assess, measure, and improve critical core processes, such as software development and project management, the application of capa- bility maturity models to the contract management process is just beginning to emerge as a best practice. For more information on the CMMM, reference the authors’ book.8 Five Levels of Maturity The CMMM consists of five levels of maturity ranging from an ad-hoc level (Level 1), a basic, disciplined process capability (Level 2), a fully established and institutionalized processes capa- bility (Level 3), a level characterized by processes integrated with other corporate processes resulting in synergistic corporate benefits (Level 4), and finally, to a level in which processes focused on continuous improvement and adoption of lessons learned and best practices (Level 5). Level 1—Ad Hoc The organization at this initial level of maturity acknowledges that contract management processes exist; that these processes are accepted and practiced throughout various industries, and within the public and private sectors. In addition, the organization’s man- agement understands the benefit and value of using contract management processes. Although there are not any organizationwide established basic contract management processes, some established contract management processes do exist and are used within the organization, but these established processes are applied only on an ad-hoc and sporadic basis to various contracts. There is no rhyme or reason as to which contracts these processes are applied. Furthermore, there is informal documentation of contract management processes exist- ing within the organization, but this documentation is used only on an ad-hoc and sporadic basis on various contracts. Finally, organizational managers and contract management personnel are not held accountable for adhering to or complying with any basic contract management processes or standards. Level 2—Basic Organizations at this level of maturity have established some basic contract management processes and standards within the organization, but these processes are required only on selected complex, critical, or high-visibility contracts, such as contracts meeting certain dollar thresholds, or contracts with certain customers. Some formal documentation has been developed for these established contract man- agement processes and standards. Furthermore, the organization does not consider these contract man- agement processes or standards established or institutionalized throughout the entire organization. Finally, at this maturity level, there is no organizational policy requiring the consistent use of these contract man- agement processes and standards on other than the required contracts. Level 3—Structured At this level of maturity, contract management processes and standards are fully established, institutionalized, and mandated throughout the entire organization. Formal documentation has been developed for these contract management processes and standards, and some processes may even be automated. Furthermore, since these contract management processes are mandated, the organization allows the tailoring of processes and documents, allowing consideration for the unique aspects of each contract, such as con- tracting strategy, contract type, terms and conditions, dollar value, and type of requirement (product or service). Finally, senior organizational manage- ment is involved in providing guidance, direction, and even approval of key contracting strategy, decisions, related contract terms and conditions, and contract management documents. Level 4—Integrated Organizations at this level of maturity have contract management processes that are fully integrated with other organizational core processes such as financial management, schedule man- agement, performance management, and systems engineering. In addition to representatives from other organizational functional offices, the contract’s end-user customer is also an integral member of the buying or selling contracts team. Finally, the organization’s management periodically T H E C M M A T U R I T Y M O D E L
  • 4. September 2005 / Contract Management ■ 51 uses metrics to measure various aspects of the contract management process and to make contracts-related decisions. Level 5—Optimized The final and highest level of maturity reflects an organization whose management systematically uses performance metrics to measure the quality and evaluate the efficiency and effectiveness of the contract management processes. At this level, continuous process improvement efforts are also implemented to improve the contract management processes. Furthermore, the orga- nization has established lessons learned and best practices programs to improve contract management processes, standards, and documenta- tion. Finally, contract management process streamlining initiatives are implemented by the organization as part of its continuous process improvement program. These five levels of maturity allow an organization to assess its level of capability and effectiveness for its critical contract management process. The CMMM gives the organization a greater degree of visibility and granu- larity into its contract management process by dissecting the process into six key process areas. Furthermore, the CMMM provides a representation reflecting the contract management buying processes, as well as the selling processes. The following provides a brief description of the six contract management key process areas for the buyer as well as the seller. Key Process Areas and Key Practice Activities The CMMM provides the organization with a detailed roadmap for improving the capability of its contract man- agement processes. In order for the organization to have an accurate and detailed assessment of its process capability, the model reflects the six contract management key process areas as well as key practice activities within each process area. These key process areas and key practice activi- ties are provided for both the buyer and seller contract management processes.9 Key Process Areas (Buyer’s Process) (1) Procurement Planning: The process of identifying which business needs can be best met by procuring products or services outside the organization. (2) Solicitation Planning: The process of preparing the documents needed to support the solicitation. (3) Solicitation: The process through which a buyer requests bids, quotes, tenders, or proposals orally, in writing, or electronically. (4) Source Selection: The process by which the buyer evaluates offers, selects a seller, negotiates terms and conditions, and awards the contract. (5) Contract Administration: The process of ensuring compliance T H E C M M A T U R I T Y M O D E L
  • 5. 52 ■ Contract Management / September 2005 with contractual terms and conditions during contract perfor- mance up to contract closeout or termination. (6) Contract Closeout: The process of verifying that all administrative matters are concluded on a con- tract that is otherwise physically complete. Key Process Areas (Seller’s Process) (1) Presales Activity: The process of identifying prospective and current customers, determining customer’s needs and plans, and evaluating the competitive environment. (2) Bid/No-Bid Decision-Making: The process of evaluating the buyer’s solicitation, assessing the compet- itive environment and assessing the risks against the opportunities of a potential business deal, and then deciding whether to proceed. (3) Bid or Proposal Preparation: The process of developing offers in response to a buyer’s solicitation or based on perceived buyer needs, for the purpose of persuading the buyer to enter into a contract. (4) Contract Negotiation and Formation: The process of reach- ing a common understanding of the nature of the project and negotiating the contract terms and conditions for the purpose of developing a set of shared expec- tations and understandings. (5) Contract Administration: The process of ensuring compliance with contractual terms and conditions during contract perfor- mance up to contract closeout or termination. (6) Contract Closeout: The process of verifying that all administrative matters are concluded on a con- tract that is otherwise physically complete. It should be noted that the contract management key process areas of contract administration and contract closeout are identical for both the buyer and seller—that is, both the buyer and seller perform identical contract administration and contract closeout functions during the manage- ment of a contractual relationship. Key Practice Activities In measuring an organization’s contract management process maturity, the CMMM focuses on the organization’s implementation of key practice activi- ties within each key process area. These key practice activities reflect the tools, techniques, and proven best practices that leading organizations use in their respective contract man- agement processes. Each key process area consists of various key practice activities that have been identified in the contract management, procurement, sales management, and project manage- ment bodies of knowledge, as well as leading-edge organizations. An example of a key practice activity within the procurement planning process would be conducting market research to collect and analyze information about how a specific industry or sector procures certain types of products or services, to include types of contract strategy, type of contracts used, pricing arrangements, terms and conditions, and so on. On one hand, an organization with a low process capability, or maturity level for procurement planning, may reflect an ad-hoc or unstructured approach for conducting market research. On the other hand, an organization with a high level of maturity in procurement planning would reflect a market research approach that is integrated with other organizational functions and is measured using efficiency and effectiveness metrics as a way of continuously improving this process. The following are examples of key practice activities for each contract management key process area for buyers and sellers. Key Practice Activities (Buyer’s Perspective) Procurement Planning n The organization has an established process for effectively determining the scope of work or description of the product to be procured. n The process for determining the scope of work or description of the product to be procured includes representatives from procurement, program management, technical, and other affected functional areas. n Adequate resources to conduct procurement planning are obtained by the organization, either internally or externally. n Effective market research is con- ducted as part of the procurement planning process for analyzing the types of products and services available in the marketplace, from whom, and under what terms and conditions. n The procurement planning process considers other program team areas such as funds availability, preliminary cost and schedule estimates, quality management plans, cash flow projections, work breakdown structures, risk management, and manpower resources. n The procurement planning process provides an integrated assessment of contract type selection, risk man- agement, and contract terms and conditions. n The statement of work adequately describes the buyer’s requirement in sufficient detail to allow the pro- spective sellers to submit a bid or proposal. n The result of the procurement planning process is a documented acquisition management plan that effectively provides a roadmap for the upcoming procurement. T H E C M M A T U R I T Y M O D E L
  • 6. September 2005 / Contract Management ■ 53 Solicitation Planning n The solicitation planning process includes the use of standard pro- curement forms and documents such as solicitations, model con- tracts, item descriptions, terms and conditions, statements of work, work breakdown structures, and data item descriptions. n Solicitation planning processes have incorporated automated and paper- less processes as much as possible within the organization, as well as with customers and contractors. n Adequate resources to conduct solicitation planning are obtained by the organization, either internally or externally. n Solicitations are structured to facilitate accurate and complete responses from prospective contractors. n Solicitations are rigorous enough to ensure consistent, comparable responses but flexible enough to allow consideration of contractor suggestions for better ways to sat- isfy the requirements. n Solicitation documents include appropriate evaluation criteria con- sistent with the acquisition strategy of the project. n The solicitation planning process allows for amendments to solicita- tion documents prior to issuing the solicitation. Solicitation n The organization maintains a qualified bidders list providing information on prospective sellers such as relevant experience, areas of expertise, and other information. n The organization conducts market research and advertising to identify new sources of supplies and services as part of the solicitation process. n Depending on the nature of the procurement, a pre-solicitation conference or a pre-bid conference may be conducted to ensure all prospective contractors have a clear common understanding of the tech- nical and contractual requirements of the procurement. n The organization solicits inputs from industry to be used in devel- oping solicitations for certain types of procurements. n The organization uses a paperless process to the greatest extent pos- sible in issuing solicitations and receiving proposals. Source Selection n The organization uses evaluation criteria, evaluation standards, and a weighting system to evaluate proposals. n Proposal evaluation focuses on management criteria, technical criteria, and price criteria. n The evaluation criteria for selecting contractors, either lowest cost/tech- nically acceptable, or best value, are tailored to meet the objectives of the procurement plan. n The price proposals are compared against the organization’s inde- pendent cost estimate during the proposal evaluation process. n Price evaluation includes a determination of price reasonable- ness, in terms of realism and competitiveness. n The organization takes into consideration a contractor’s past performance on previously awarded contracts in evaluating proposals. n The organization uses a team approach to conducting negotiations with potential contractors. n If needed, the organization may conduct a pre-award survey on the potential contractor to verify the T H E C M M A T U R I T Y M O D E L
  • 7. 54 ■ Contract Management / September 2005 contractor’s technical, managerial, and financial capability. n The organization provides debrief- ings to the successful as well as unsuccessful contractors. Contract Administration n The organization has an established method for assigning contracts to individuals or teams for managing the post-award phase of the contract. n For applicable contracts, a pre-per- formance meeting is conducted to discuss buyer and seller contract administration responsibilities, as well as protocols for communication, performance management, and contract change management. n The organization uses a team approach for monitoring the buyer’s and seller’s performance to ensure the fulfillment of contractual obliga- tions by all parties of the contract. n The organization has an established process for managing and controlling contract changes to cost, schedule, and performance requirements. n The organization has an established process for ensuring that only authorized individuals negotiate or agree to contract changes. n The organization has an established process for managing seller invoices and payments. n An established process for admin- istering contract incentive-fee and award-fee provisions is used on applicable contracts. n An established process for conducting periodic and integrated cost, schedule, and performance evaluations, such as earned value management, is used as part of the contract administration process. n The organization encourages contract disputes to be resolved using alternate disputes resolution methods. n An established process for main- taining a conformed copy of the contract is used to document all changes to contract requirements. Contract Closeout n The organization has an established process for closing out contracts, ensuring completion of work, com- plete documentation, and financial resolution of issues. n The contract closeout process involves checklists, templates, and forms for ensuring proper documen- tation of closed-out contracts. n The closeout process requires obtaining the seller’s release of claims as well as verifying final payment from the buyer. n The organization has an established process for exercising a party’s contractual right to discontinue performance completely or partially under a contract. n The organization has an established process for exercising a mutual agreement of the parties to discon- tinue performance completely or partially under a contract. n The contract termination process requires a written or oral notification to terminate a contract due to cause or default. n The organization maintains a lessons-learned and best practices database for use in future projects and contracts. Key Practice Activities (Seller’s Perspective) Presales Activity n The organization has an established process for effectively identifying prospective and current customers, determining customer’s needs and plans, and evaluating the competitive environment. n The process for identifying prospec- tive and current customers involves an integrated and proactive sales management effort between the organizations’s marketing, sales, and other functional personnel, and involves the customer’s process needs, desires, budgets, and key decision-makers. n The process for determining and influencing customer needs and plans includes conducting market research and benchmarking to determine who buys the types of products the organization sells, and to stay up to date on the technologies relevant to its products and services, the needs of its buyers, the strategies and activities of its competitors, and the dynamics of the market. The result of the market research and benchmarking is a prioritized list of potential and existing customers. n The process for evaluating the competitive environment involves an objective analysis of the buyer, seller, and the seller’s competitors. This includes a competitive analysis report of the strengths, weaknesses, opportunities, and threats (SWOT analysis) of all players in the com- petitive environment, as well as a complete financial business case analysis assessing the expected costs, revenue, cost of money, desired margin, rate of return, and realized revenue of any potential sales opportunity. n The results of presales activity con- sist of a formal documented sales management plan that effectively provides a roadmap for obtaining and retaining customers. This sales management plan includes the pri- oritized list of potential and existing customers, competitive analysis report, and the complete business case analysis. T H E C M M A T U R I T Y M O D E L
  • 8. September 2005 / Contract Management ■ 55 Bid/No-Bid Decision-Making n The organization has an established process for effectively evaluating the buyer’s solicitation, assessing the competitive environment and the risks against the opportunities of a potential business deal, and then deciding whether to proceed. n The process for effectively evaluating the buyer’s solicitation involves an integrated team effort between the organization’s contracts, cost, program management, and other functional personnel. n The process for effectively assessing risks involves identifying, analyzing, and mitigating the risks associated with a potential project, using practical risk management tools— surveys, checklists, models and reports—containing both quantitative and qualitative information. n The process for effectively assessing opportunities involves identifying and analyzing the opportunities that are potentially viable from the project, using standard forms, surveys, checklists or models. n The processes used for analyzing the risk versus opportunities reflect a solid understanding of risk man- agement and a designated risk management team process to iden- tify, analyze, and mitigate risks. n The results of the bid/no-bid decision-making consist of the final decision on whether to bid on the project, and a formal document justifying the seller’s reason for its decision. Bid or Proposal Preparation n The organization has an established process for effectively developing offers in response to a buyer’s solici- tation or based on perceived buyer needs, for the purpose of persuading the buyer to enter into a contract. n The process of developing proposals involves an integrated, coordinated, planned, and controlled team effort between the organization’s contracts, cost, program management, and other functional personnel. n The organization conducts an in-depth analysis of the buyer’s solicitation and develops a com- pliance matrix showing where it meets, exceeds, or fails to meet the buyer’s stated requirements. n The organization uses a competitive analysis report to compare the seller’s strengths and weaknesses to those of its competitors. n The organization has an established process for reviewing standard contract terms and conditions as a basis for developing terms and conditions tailored to a particular solicitation. n The organization reviews past proposals as a tool to share lessons learned and maintains a lessons- learned database for documenting and sharing proposal preparation best practices. n Proposals are either supplemented or replaced with oral presentations to reduce cycle time, increase the quality of the products or services offered, and provide more informa- tion for better decision-making. n The organization uses an external review team to objectively evaluate the proposal prior to submission of the proposal to the potential buyer. n The results of the bid or proposal preparation process consist of the proposal and/or oral presentation with executive summary and supporting documentation. Contract Negotiation and Formation n The organization has an established process for reaching a common understanding of the nature of the project and negotiating the contract terms and conditions for the pur- pose of developing a set of shared expectations and understandings. n An integrated team approach con- sisting of highly skilled negotiators knowledgeable of market and indus- try practices is used for planning, conducting, and documenting the negotiation process. n The negotiation team develops a solid and approved team negotiation T H E C M M A T U R I T Y M O D E L
  • 9. 56 ■ Contract Management / September 2005 plan and uses negotiation agendas, interim summaries, final negotiation summary, and negotiation reviews and approval as part of the organi- zational negotiation process. n A documented transition plan and contract administration plan is used for transitioning to the contract administration phase of the project. n The organization maintains a data- base of documented lessons learned and best practices for use in planning future negotiations. n The results of the contract negotia- tion and formation phase is either a contract agreement acceptable to the seller’s organization with sup- porting documentation (negotiation memorandum) or a documented decision to “walk away” from a bad business deal. Contract Administration n The organization has an established method for assigning contracts to individuals or teams for managing the post-award phase of the contract. n For applicable contracts, a pre-per- formance meeting is conducted to discuss buyer and seller contract administration responsibilities, as well as protocols for communication, performance management, and contract change management. n The organization uses a team approach for monitoring the buyer’s and seller’s performance to ensure the fulfillment of contractual obliga- tions by all parties of the contract. n The organization has an established process for managing and controlling contract changes to cost, schedule, and performance requirements. n The organization has an established process for ensuring that only authorized individuals negotiate or agree to contract changes. n The organization has an established process for managing seller invoices and payments. n An established process for admin- istering contract incentive-fee and award-fee provisions is used on applicable contracts. n An established process for con- ducting periodic and integrated cost, schedule, and performance evaluations, such as earned value management, is used as part of the contract administration process. n The organization encourages contract disputes to be resolved using alternate disputes resolution methods. n An established process for main- taining a conformed copy of the contract is used to document all changes to contract requirements. Contract Closeout n The organization has an established process for closing out contracts, ensuring completion of work, com- plete documentation, and financial resolution of issues. n The contract closeout process involves checklists, templates, and forms for ensuring proper documen- tation of closed-out contracts. n The closeout process requires obtaining the seller’s release of claims as well as verifying final payment from the buyer. n The organization has an established process for exercising a party’s contractual right to discontinue performance completely or partially under a contract. n The organization has an established process for exercising a mutual agreement of the parties to discon- tinue performance completely or partially under a contract. n The contract termination process requires a written or oral notification to terminate a contract due to cause or default. n The organization maintains a lessons-learned and best practices database for use in future projects and contracts. T H E C M M A T U R I T Y M O D E L Figure 1. Contract Management Maturity Model Contract Management Process Areas Maturity Levels Buyer Procurement Planning Solicitation Planning Solicitation Source Selection Contract Admin Contract CloseoutSeller Presales Activity Bid/ No-Bid Decision Bid/Proposal Preparation Negotiation/ Formation 5 Optimized 4 Integrated 3 Structured 2 Basic 1 Ad Hoc CONTRACT MANAGEMENT KEY PRACTICE ACTIVITIES
  • 10. September 2005 / Contract Management ■ 57 These contract management key process areas and key practice activities are the major components of the CMMM and are an integral part of the Contract Management Maturity Assessment Tool (CMMAT). The CMMAT is the assessment instrument used for gathering information from the organization as part of the matu- rity assessment process. The contract management maturity assessment tool contains specifically developed questions pertaining to each contract management key process area and related key practice activities. The results of the assessment will indicate the organization’s maturity level within each of the key process areas, in addition to providing an overall maturity level for the entire contract management process. For more infor- mation on the CMMAT, reference the authors’ book Contract Management Organizational Assessment Tools, available through the National Contract Management Association. Figure 1 (page 56) illustrates the CMMM reflecting the five levels of maturity and the six contract man- agement key process areas for both buyers and sellers. These key process areas provide detailed insight and visibility into an organization’s con- tract management process capability. The Benefits of the CMMM The CMMAT provides maturity assess- ments at the program office level (for organizations with multiple pro- gram/product management offices) as well as at the contract management functional level. Thus, the assessment results will provide various perspec- tives on the organization’s contract management maturity level. The results may indicate that the organization has varying levels of process capa- bility maturity for each contract management key process area. Between program offices, some process areas may be rated at the “ad-hoc” level, while the same process area in another program office are may be rated at the “optimized” level. In addition, from a contract manage- ment functional-wide focus, some process areas may be rated at the “ad- hoc” maturity level, with deficiencies in established processes, standards, documentation, and management accountability. Yet, other process areas may be rated at the “Integrated” maturity level, with process integration with other organizational core processes and with the use of efficiency metrics to make management-level procure- ment-related decisions. These maturity assessment results provide a wealth of insight to the organization in terms of which contract management key process areas need to be improved and which program offices to direct its improvement effort. These assessment results also provide insight on adopting and transferring process capability activities from the program offices with higher level maturity (integrated and optimized) to the program offices with lower level maturity (ad-hoc and basic). Furthermore, the assessment results will provide the organization with a roadmap of additional needed training and education for improving its contract management process capability. For example, an organiza- tion with low maturity level (ad-hoc or basic) in the source selection key process area, will know that it needs to provide additional training or poli- cies and standards in the areas related to the key practice activities for that specific process area. This is the true value and benefit of the contract man- agement process capability maturity model—the continuous improvement of the organization’s contract manage- ment processes. The use of the CMMM for assessing and improving corporate contract management process capability is a significant addition to the contract management body of knowledge, and one that is seriously overdue. The importance of contract management as a business process will continue to increase as organizations, both government and commercial, increasingly depend on external orga- nizations for expertise to perform complex, specialized segments of their responsibilities.10 This increasing dependence on external sources requires an effective and capable contract management process. As the corporate contract management function increases in importance, the need for a systematic approach to assessing contract management effectiveness and competence, as well as for continuously improving the contract management process, will become critical for an organization to maintain a competitive advantage. The CMMM and CMMAT, could be effectively implemented by any orga- nization, government or commercial, wishing to improve its contract man- agement process capability. CM Endnotes 1. P.F. Drucker, Managing in Turbulent Times (New York: Harper Business, 1993). 2. P.C. Dinsmore, Winning in Business with Enterprise Project Management (New York: AMACOM, 1998). 3. B. Curtis, W.E., Hefley, & S.A Miller, People Capability Maturity Model (Boston: Addison-Wesley, 2001). 4. Ibid. 5. J.R. Meredith and S.L. Mantel, Project Management: A Managerial Approach (New York: John Wiley and Sons 2003). 6. D.L. Frame, The New Project Management: Tools for an Age of Rapid Change, Complexity, and Other Business Realities (San Francisco: Jossey-Bass, 2002). 7. S. Kelman, “Putting Contracting at the Core,” Government Executive 33, no. 11 (2001): 11-16. 8. G.A. Garrett and R.G. Rendon, Contract Management Organizational Assessment Tools (McLean, Virginia: National Contract Management Association, 2005). 9. See G.A. Garrett, World Class Contracting: How Winning Companies Build Successful Partnerships in the E- Business Age (Chicago: CCH Inc, 2003). 10. S.N. Sherman, Contract Management: Post-Award (Gaithersburg, Maryland: Wordcrafters, 1987). T H E C M M A T U R I T Y M O D E L