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Agile Contract -- How To
By Pi-Hsing Chung
A Little Bit About Pi
A Little Bit About
u 15 Years I.T experience. 10 years in Canada.
u Practiced and led Agile Style projects starting from 2003.
u For the past 5 years in Taiwan as
u Business Analyst / I.T Business Analyst
u Information Systems and Information Security Auditor.
u Internal Auditor
u Participated in projects with names -- CMMI, ISMS, BPM,CRM, HRIS, and other
I.T / Management Systems.
u M.S MIS from University Of Illinois
u My name can be linked to CISA , CISM, ITIL, CSM, CSPO.
A Little Bit About This Sharing
uIt doesn’t matter whether you are
Doing Agile or Being Agile !
u“Agile approaches” are For The Future
uAND WE ARE ALL BENEFITED !
DOING AGILE AND BEING AGILE
Agile Is A Mindset
u“AGILE” IS NO SILVER BULLET !
u“AGILE” IS NO PANACEA !
MAKE PROPER DECISIONS
“AGILE” ALLOWS “SELF-ORGANIZATION”
uBUT …..
uThe nature of self-organization
happens in a clearly defined
framework.
“Agile” ALLOWS
Creative Freedom.
uONLY within A CLEARLY DEFINED
FRAMEWORK
uCreative freedom is allowed and
that this is IN FACT the only way
in which creative freedom can
happen.
Enough !
Let’s Begin !
BUSINESS ARE FULL OF
Risks ! Risks ! Risks !
u HOW MUCH DO YOU UNDERSTAND / TRUST YOUR CUSTOMERS ?
u HOW MUCH DO YOUR CUSTOMERS KNOW ABOUT / TRUST YOU ?
u HOW MUCH DO WE UNDERSTAND OURSELVES ?
u WRITTEN DOCUMENTS AND CONTRACTS ARE FOR PROTECTION !
THE WARRIORS (THE LEGAL STAFF)
THE WARRIORS IN LEGAL PRACTICE
usually …..
u Are trained to think the UNTHINKABLE.
u Think Software Projects as “A series of planned activities.”
u Don't like surprises and expect everything is relatively
predictable.
u The WARS THEY ARE FIGHTING are “Trench by Trench”, “Word
by Word.”
So, when do “Legal Warriors” know they
are doing a good job ?
u QUOTE :
WHEN YOU HAVE A CONTRACT NO ONE IS HAPPY
SIGNING IT !!! YOU KNOW YOUR JOB IS DONE.
u Contract is the Product under “Lose-Lose”
Mindset.
Under the mindsets, here comes the
Traditional Contract !
uAND CONTRACTS TEND TO DISTORT
BEHAVIOURS AND RESULTS.
What the TRADITIONAL CONTRACT
usually looks like ?
u “Fortune-Teller” Style.
u All requirements and features under requests, are
specified in details in the contract. Usually from
imagination.
u To Development Team, it means “Long, Mysterious, and
Painful journey”, for usually what’s written in contract
is always different from the reality.
What the TRADITIONAL CONTRACT
usually looks like ? (Fixed Price)
u Fixed Schedule
u Fixed Price
u Fixed Scope
u Changes : RFC, CCB.
u Collaborations don’t exist.
u Chance of failure is high
u Even all deliverables are fulfilled.
u Quality is usually a variable.
What the TRADITIONAL CONTRACT
usually looks like ? (Time and Material)
u Project will go as long as possible, till customer think the
goal is reached.
u Move Risk from suppliers to customers. For the uncertainty
is high.
u Does not incentivize supplier to be efficient (actually,
quite the reverse).
u Can be utilized as the contractual basis for agile
development with a little bit twist.
Under the TRADITIONAL CONTRACT
u AS THE PROJECT GOES….
u WE ALL KNOW BOSSES change their minds often, and HiPPOs
are always weighted.
u (HiPPO == Highest Paid Person's Opinion)
u The CCB usually is not established and is not functioned.
Turns Out … In Taiwan, most of the time,
WE ALL PRACTICE
u Individuals and interactions over processes
and tools.
u Working software over comprehensive
documentation.
u Customer collaboration over contract
negotiation.
u Responding to change over following a plan
Turns Out … In Taiwan, most of the time
u MONEY FOR NOTHING !
u (PROJECT JUST CREATES THINGS THAT NO
ONE WANTS TO USE)
u CHANGE FOR FREE ! IF YOU STILL WANT TO
DO BUSINESS !
u (OVERTIME WORKS AND USUALLY WITHOUT
PAY)
To change the situation, Agile Contract
comes to rescue !
u Goal : Building Trust from within the company
to customers.
u A “Win-Win” Style Contract.
u A TRULY WORKABLE CONTRACT.
CROSS-FUNTIONAL TEAM FOR THE
CREATION OF AGILE CONTRACT
u BEFORE YOU CAN HAVE AN AGILE CONTRACT, YOU NEED
TO HAVE A CROSS-FUNCTINOAL TEAM.
u LEGAL STAFF ARE DEFINITLY INCLUDED !
u DON’T FORGET YOUR ACCOUNT MANAGER !
Points to emphasize on Agile to Legal
Staff and Account Manager
u How Agile can reduce risk (Interactions , Iterations)
u The Agile Manifesto and the Principles behind it.
u (Our highest priority is to satisfy the customer
through early and continuous delivery
of valuable software, etc.) in the RIGHT WAY.
u Iterative schedules and the delivery as well as the payment
cycle
Points to emphasize on Agile to Legal
Staff and Account Manager
u Adaptive planning is not traditional change
management. It’s a true PDCA cycle.
u Customer defined goal is the true driver of the
project, eliminating prescriptive lists of deliverables
is a must.
u Early termination of project can be positive!
AGILE CONTRACT
(OPTIONAL SCOPE CONTRACT)
Optional Scope Contract –
By Kent Beck and Dave Cleal
u Optional Scope Contract IS WITH
u Fixed Time
u Fixed Cost
u Fixed Quality
u The only variable is Scope.
Optional Scope Contract –
By Kent Beck and Dave Cleal
u Customers can change their minds
u Suppliers aren’t encouraged to sacrifice quality
as soon as something goes wrong
u Customers’ and suppliers’ interests are
contractually aligned
u The knowledge that both parties gain during the
project can influence the finished product.
Optional Scope Contract
Incremental delivery, regular payment.
u SET UP Fixed Price per iteration.
u Incremental delivery, regular payment.
Optional Scope Contract
Incremental delivery, regular payment.
HENCE
u Frequent opportunities for either party to abandon.
u Customer risk mitigated if highest priority features
are delivered first.
u Supplier risk mitigated by proving their value,
building relationship.
Optional Scope Contract
If with “TARGET COST”
u Set up “Target Cost” will make total cost a joint
responsibility.
u Since target cost is defined, so is the target price.
u Any costs above target shared fairly.
u Any savings under target also shared.
Set up price per story point or per use-
case
u NOT RECOMMENDED.
u Mismeasurements and possible abuse can easily
destroy THE TRUST FROM BOTH SIDES.
In the Contract (On customer)
u Specify Customer’s obligations
u Prioritize backlogs/items by Business Value.
u Mutually agreed estimates for all work items.
u Participate in each Sprint planning meeting (Scrum)
u Participate in writing the conditions of
satisfaction.(Scrum)
u Participate in each Sprint review meeting, and
provide timely feedbacks.(Scrum)
The TRUE “Money for Nothing” and
“Change for Free.”
In the Contract (On Customer)
Money FOR NOTHING
u Customers HAVE the option to terminate contract
at the end of ANY SPRINT. IF THEY THINK THE
PROJECT IS NO LONGER VALUABLE.
u CUSTOMER MIGHT HAVE TO PAY 20% OF THE
REMAINING CONTRACT.
u Customer should follow the agreed upon protocols
on project participation.
In the Contract (On customer)
CHANGE FOR FREE
u As long as the high level goal is not changed,
Customer can ask for changes on features as
desired.
Suggestions In the Contract
(On Supplier)
u Supplier should specify the “Total Value of the contract”.
u Rates for time and materials billings.
u Scope of the contract. ( Master Service Provided)
u Supplier is required to deliver at least 80% of the scope
with the "High Quality" Deliverables before the agreed
date.
u Accept that “High Quality” is “THE DEFINITION OF DONE
MADE BY CUSTOMER”.
Transparency is the KEY for success.
u Make Certain that all your team members know
the major part of the contract AND work together.
u BUILDING TRUST IS A PROGRESSIVE PROCESS.
u TRUST IS EASILY DESTROYED.
LIVE LONG AND PROSPER !

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Agile contract 2

  • 1. Agile Contract -- How To By Pi-Hsing Chung
  • 2. A Little Bit About Pi
  • 3. A Little Bit About u 15 Years I.T experience. 10 years in Canada. u Practiced and led Agile Style projects starting from 2003. u For the past 5 years in Taiwan as u Business Analyst / I.T Business Analyst u Information Systems and Information Security Auditor. u Internal Auditor u Participated in projects with names -- CMMI, ISMS, BPM,CRM, HRIS, and other I.T / Management Systems. u M.S MIS from University Of Illinois u My name can be linked to CISA , CISM, ITIL, CSM, CSPO.
  • 4. A Little Bit About This Sharing uIt doesn’t matter whether you are Doing Agile or Being Agile ! u“Agile approaches” are For The Future uAND WE ARE ALL BENEFITED !
  • 5. DOING AGILE AND BEING AGILE
  • 6. Agile Is A Mindset u“AGILE” IS NO SILVER BULLET ! u“AGILE” IS NO PANACEA !
  • 8. “AGILE” ALLOWS “SELF-ORGANIZATION” uBUT ….. uThe nature of self-organization happens in a clearly defined framework.
  • 9. “Agile” ALLOWS Creative Freedom. uONLY within A CLEARLY DEFINED FRAMEWORK uCreative freedom is allowed and that this is IN FACT the only way in which creative freedom can happen.
  • 11. BUSINESS ARE FULL OF Risks ! Risks ! Risks ! u HOW MUCH DO YOU UNDERSTAND / TRUST YOUR CUSTOMERS ? u HOW MUCH DO YOUR CUSTOMERS KNOW ABOUT / TRUST YOU ? u HOW MUCH DO WE UNDERSTAND OURSELVES ? u WRITTEN DOCUMENTS AND CONTRACTS ARE FOR PROTECTION !
  • 12. THE WARRIORS (THE LEGAL STAFF)
  • 13. THE WARRIORS IN LEGAL PRACTICE usually ….. u Are trained to think the UNTHINKABLE. u Think Software Projects as “A series of planned activities.” u Don't like surprises and expect everything is relatively predictable. u The WARS THEY ARE FIGHTING are “Trench by Trench”, “Word by Word.”
  • 14. So, when do “Legal Warriors” know they are doing a good job ? u QUOTE : WHEN YOU HAVE A CONTRACT NO ONE IS HAPPY SIGNING IT !!! YOU KNOW YOUR JOB IS DONE. u Contract is the Product under “Lose-Lose” Mindset.
  • 15. Under the mindsets, here comes the Traditional Contract ! uAND CONTRACTS TEND TO DISTORT BEHAVIOURS AND RESULTS.
  • 16. What the TRADITIONAL CONTRACT usually looks like ? u “Fortune-Teller” Style. u All requirements and features under requests, are specified in details in the contract. Usually from imagination. u To Development Team, it means “Long, Mysterious, and Painful journey”, for usually what’s written in contract is always different from the reality.
  • 17. What the TRADITIONAL CONTRACT usually looks like ? (Fixed Price) u Fixed Schedule u Fixed Price u Fixed Scope u Changes : RFC, CCB. u Collaborations don’t exist. u Chance of failure is high u Even all deliverables are fulfilled. u Quality is usually a variable.
  • 18. What the TRADITIONAL CONTRACT usually looks like ? (Time and Material) u Project will go as long as possible, till customer think the goal is reached. u Move Risk from suppliers to customers. For the uncertainty is high. u Does not incentivize supplier to be efficient (actually, quite the reverse). u Can be utilized as the contractual basis for agile development with a little bit twist.
  • 19. Under the TRADITIONAL CONTRACT u AS THE PROJECT GOES…. u WE ALL KNOW BOSSES change their minds often, and HiPPOs are always weighted. u (HiPPO == Highest Paid Person's Opinion) u The CCB usually is not established and is not functioned.
  • 20. Turns Out … In Taiwan, most of the time, WE ALL PRACTICE u Individuals and interactions over processes and tools. u Working software over comprehensive documentation. u Customer collaboration over contract negotiation. u Responding to change over following a plan
  • 21. Turns Out … In Taiwan, most of the time u MONEY FOR NOTHING ! u (PROJECT JUST CREATES THINGS THAT NO ONE WANTS TO USE) u CHANGE FOR FREE ! IF YOU STILL WANT TO DO BUSINESS ! u (OVERTIME WORKS AND USUALLY WITHOUT PAY)
  • 22. To change the situation, Agile Contract comes to rescue ! u Goal : Building Trust from within the company to customers. u A “Win-Win” Style Contract. u A TRULY WORKABLE CONTRACT.
  • 23. CROSS-FUNTIONAL TEAM FOR THE CREATION OF AGILE CONTRACT u BEFORE YOU CAN HAVE AN AGILE CONTRACT, YOU NEED TO HAVE A CROSS-FUNCTINOAL TEAM. u LEGAL STAFF ARE DEFINITLY INCLUDED ! u DON’T FORGET YOUR ACCOUNT MANAGER !
  • 24. Points to emphasize on Agile to Legal Staff and Account Manager u How Agile can reduce risk (Interactions , Iterations) u The Agile Manifesto and the Principles behind it. u (Our highest priority is to satisfy the customer through early and continuous delivery of valuable software, etc.) in the RIGHT WAY. u Iterative schedules and the delivery as well as the payment cycle
  • 25. Points to emphasize on Agile to Legal Staff and Account Manager u Adaptive planning is not traditional change management. It’s a true PDCA cycle. u Customer defined goal is the true driver of the project, eliminating prescriptive lists of deliverables is a must. u Early termination of project can be positive!
  • 27. Optional Scope Contract – By Kent Beck and Dave Cleal u Optional Scope Contract IS WITH u Fixed Time u Fixed Cost u Fixed Quality u The only variable is Scope.
  • 28. Optional Scope Contract – By Kent Beck and Dave Cleal u Customers can change their minds u Suppliers aren’t encouraged to sacrifice quality as soon as something goes wrong u Customers’ and suppliers’ interests are contractually aligned u The knowledge that both parties gain during the project can influence the finished product.
  • 29. Optional Scope Contract Incremental delivery, regular payment. u SET UP Fixed Price per iteration. u Incremental delivery, regular payment.
  • 30. Optional Scope Contract Incremental delivery, regular payment. HENCE u Frequent opportunities for either party to abandon. u Customer risk mitigated if highest priority features are delivered first. u Supplier risk mitigated by proving their value, building relationship.
  • 31. Optional Scope Contract If with “TARGET COST” u Set up “Target Cost” will make total cost a joint responsibility. u Since target cost is defined, so is the target price. u Any costs above target shared fairly. u Any savings under target also shared.
  • 32. Set up price per story point or per use- case u NOT RECOMMENDED. u Mismeasurements and possible abuse can easily destroy THE TRUST FROM BOTH SIDES.
  • 33. In the Contract (On customer) u Specify Customer’s obligations u Prioritize backlogs/items by Business Value. u Mutually agreed estimates for all work items. u Participate in each Sprint planning meeting (Scrum) u Participate in writing the conditions of satisfaction.(Scrum) u Participate in each Sprint review meeting, and provide timely feedbacks.(Scrum)
  • 34. The TRUE “Money for Nothing” and “Change for Free.”
  • 35. In the Contract (On Customer) Money FOR NOTHING u Customers HAVE the option to terminate contract at the end of ANY SPRINT. IF THEY THINK THE PROJECT IS NO LONGER VALUABLE. u CUSTOMER MIGHT HAVE TO PAY 20% OF THE REMAINING CONTRACT. u Customer should follow the agreed upon protocols on project participation.
  • 36. In the Contract (On customer) CHANGE FOR FREE u As long as the high level goal is not changed, Customer can ask for changes on features as desired.
  • 37. Suggestions In the Contract (On Supplier) u Supplier should specify the “Total Value of the contract”. u Rates for time and materials billings. u Scope of the contract. ( Master Service Provided) u Supplier is required to deliver at least 80% of the scope with the "High Quality" Deliverables before the agreed date. u Accept that “High Quality” is “THE DEFINITION OF DONE MADE BY CUSTOMER”.
  • 38. Transparency is the KEY for success. u Make Certain that all your team members know the major part of the contract AND work together. u BUILDING TRUST IS A PROGRESSIVE PROCESS. u TRUST IS EASILY DESTROYED.
  • 39. LIVE LONG AND PROSPER !