Introduction
The distinction should
not be between the service and manufacturing industries,
but rather between the process of buying services and
buying goods. Manufacturing purchasing organizations
focus on buying goods (their bread and butter) and often
(by policy or by ignorance) leave others to do service
purchasing. The service purchases are there, even though
they are often awarded and administered in an all too
often “unprofessional manner” by every organization in
the company other than the purchasing department.
Unfortunately most organizations deal with service
purchases in a “decentralized manner”. This of course
makes them fertile ground for cost savings through
centralization within the purchasing department.
Companies in service industries also buy goods as well
as services, but most of their purchases are incidental
to their main focus, providing their in-house services
to others.
With that in mind, I
have borrowed from my book “Service Purchasing” (Van
Nostrand, 1994) to draw some comparisons between
purchasing goods and purchasing services.
Comparisons:
Service and Goods Purchasing
We will include in our
comparison not only pre-award (procurement) functions
but post-award (administration) functions as well.
Individuals making the
transition from supply purchasing to service purchasing
are often struck first with the differences between the
supply and service industries. To begin with most supply
vendors have been obliged to invest substantial sums for
plant and equipment before commencing operations,
whereas some service vendors can operate with little
investment in facilities. One result of this situation
is that most service businesses are small (according to
Small Business Administration standards). Many can also
qualify as small-disadvantaged (minority) or
women-owned. Because of the large concentration of small
and small-disadvantaged businesses among service
providers, both public and private sector purchasing
departments often try to further certain socio-economic
goals by setting service purchases aside exclusively for
small or small-disadvantaged businesses. The combination
of a heavy concentration of small and
small-disadvantaged businesses with socio-economic
setasides has resulted in most organizations buying
their services from smaller, less sophisticated firms.
Such purchases often present more problems for the
buyer.
The depth of
competition present in service purchasing also surprises
new buyers, particularly if they have come from a
Government or public sector supply purchasing
background. Although many Government (particularly DOD)
supply purchases are sole source or limited source
because of their specialized requirements, most service
purchases are heavily competitive. The author has
witnessed service purchases with as many as 20 or 30
offers, even for modestly-sized contracts. One might
question the economic efficiency of so many firms
bidding on a job which only one can win. Even the FAR
accepts two (or more) offers as "adequate price
competition".
New service buyers may
also be confounded by funding rules that differ from
those they are accustomed to. Supply purchases are
almost always fully funded and obligated. Service
purchases, on the other hand, often span fiscal years.
Government agencies in particular attempt to relate work
effort closely to fiscal year funding and hence
generally fund only the work needed in the current
fiscal year. Service buyers and vendors are normally
very familiar with "Availability of Funds for the Next
Fiscal Year" provisions which tell the service vendor he
will have a contract for the next fiscal year only the
necessary funds are appropriated.
Another arena of
differences between service purchasing and supply
purchasing is the make-or-buy decision. Both private and
public sector organizations tend to have highly
formalized make-or-buy decision-making procedures for
supplies. This is often not the case for service
purchases. Although the Federal Government has a very
formal system for analyzing in-house versus contract
services, the services for which it hires contractors
are often incremental services it cannot perform
in-house because of funding or personnel ceiling limits.
This creates situations where most of a service function
is performed in-house, with an incremental piece of the
function performed by contract. Federal Government
employees may be sitting side-by-side with contractor
employees performing the same task. When one of the
factions earns more than the other, conflict and
ill-will results. In contrast, most non-Federal public
and private organizations do not have any program for
analyzing in-house versus contract service operations
and often undertake contract operations irrespective of
the comparative economics of the two alternatives.
Service purchasing also
provides an interesting contrast with supply purchasing
in the area of labor laws, especially in the Federal
Government arena. In Federal supply purchasing, buyers
must be familiar not only with the Fair Labor Standards
Act but also with the Walsh-Healey Public Contracts Act.
This latter act contains, in addition to requirements
for working conditions, restrictions against dealing
with vendors that are not either manufacturers or
regular dealers. (This latter aspect of the law is
probably a good business practice for all buyers to
follow even though the law is applicable only to the
Federal sector.) Walsh-Healey places both pre-award and
post-award requirements on the Federal Sector supply
buyer. On a pre-award basis, the Federal Sector buyer
must obtain certifications from vendors on their status
as manufacturers or regular dealers (and deal with
protests from other firms who allege the low bidder
fails to qualify under this criterion). On both a
pre-award and post-award basis, the Federal Sector buyer
must process suspension and/or debarment actions against
vendors which have been proven to have falsified their
manufacturer or regular dealer status.
In contrast, Federal
Sector service buyers, must invoke the Service Contract
Act and the Contract Work Hours and Safety Standards Act
(the latter act is designed primarily for
construction-related work) in addition to being familiar
with the ubiquitous Fair Labor Standards Act. The
Service Contract Act places a greater administrative
burden on the Federal Sector buyer than does the
Walsh-Healey Public Contracts Act. On a pre-award basis,
the Federal Sector service buyer cannot award a covered
service contract until that contract contains a contract
and area-specific wage determination. The Department of
Labor (DOL) in Washington , D.C. rarely issues such a
determination before 90 days have elapsed from the date
of initial request. On a post-award basis, the Federal
Sector service buyer is held to strict Service Contract
Act requirements for a new wage determination if he/she
intends to extend the contract. In addition, the Service
Contract Act limits the elements of cost that can be
adjusted on an extension to direct labor and related
costs, excluding material, overhead, G&A, or profit
increases. The Federal Sector service buyer must assist
DOL in administration of the law on his/her contract
and, if suspension or debarment action is warranted,
initiate the action. A lengthy explanation of the impact
of this law is available at Appendix A.
The Federal Sector
buyer of construction services has perhaps the greatest
administrative burden of all in that he/she must
administer the Davis-Bacon Act and its related acts for
DOL. A great number of pre and post-award
responsibilities and duties must be performed. A full
discussion of these laws is beyond the scope of this
lesson. A lengthy explanation of the impact of this law
is available at Appendix B.
Descriptions of
requirements also differ in supply and service
purchases. In supply purchases, item usually of
"off-the-shelf". The same specifications (with minor
updates as necessary), can be used from purchase to
purchase. The buyer rarely gets involved in the
preparation of the specification. In service purchasing
the specifications, called statements of work and
including construction specifications and drawings, tend
to be contract-specific and tailored to the
circumstances. Moreover, statements of work generally
require a technical/contracting team approach . Because
they are contract-specific and developed under severe
time constraints, statements of work tend to be less
comprehensive and reflect less depth of understanding
than supply specifications. This is particularly true
where the organization has never performed the service
in-house and has never contracted for similar services
before. Some organizations take the easy way out of this
dilemma by asking the service contractor to write the
statement of work. They do so, of course, at their own
peril.
A related issue is that
of the in-house estimate. Although it is a good business
practice to prepare such estimates for all purchases,
service purchases demand the preparation of detailed
in-house estimates. They are often awarded on technical
as well as cost considerations and are awarded after
technical and/or cost negotiations. In many instances, a
detailed in-house estimate (supplemented by an audit of
records, if appropriate) is all that stands between the
service contractor and the organization's bank vault.
Construction contracts, although rarely negotiated,
likewise depend heavily upon detailed estimates, not
only as a basis for reviewing and verifying bid errors,
but also as a means of establishing and verifying
schedules of prices used in pricing contract changes and
for making payments.
Buyers of services
generally find the process paper-laden. In addition to
tailored statements of work, service purchases generally
require written solicitations built around those
statements of work. Tailored statements of work must be
accompanied by tailored schedules and other terms and
conditions. Buyers of services rarely have the luxury
(enjoyed by their supply buyer associates) of using
time-saving oral solicitations to obtain quotations and
proposals for their services. This administrative detail
generally lengthens the lead-time for service purchases.
In the author's experience the procurement lead time for
services is about two or three times longer than that
for supply purchases. Advance purchasing plans for
services should not disregard this difference.
Buyers of services must
be adept in using various types of contracts, whereas
the buyer of supplies can often spend his/her entire
career awarding firm-fixed-price (lump-sum or fixed
price line item) contracts. The indefiniteness of
service requirements provides many circumstances where
indefinite quantity-indefinite delivery, requirements,
or time and material/labor hour contract types are
necessary and appropriate. The service contracting
situation may, in fact require combination or composite
contract types, with certain clearly defined contract
services falling under a firm-fixed-price line item and
other less clearly defined contract services falling
under a requirements or time and materials line item(s).
The application of firm-fixed-price contract type
thinking to all service contracts is courting disaster
that will manifest itself in problems with contract
administration.
Unlike the majority of
supply contracts, most service purchases (other than
construction) will consider technical approach and
experience to be at least as important as low price. A&E
firms are, in fact, selected solely on technical
qualifications: contract is awarded based upon
negotiation of a fair and reasonable price with the best
technically qualified firm. Other service purchases
generally select the successful firm based upon
technical and cost proposal submittals, with lowest
being price only one of the factors used in selection.
Some organizations even assign price such a low weight
that it has little effect on the selection results. In
the public sector, these purchases are considered
negotiated procurements, and discussions will generally
be held on both technical and price/cost matters.
Unlike supply
deliverables, which are usually of a tangible personal
property nature, service purchase deliverables can take
many forms. Good purchasing would call for packaging
services into discrete deliverable work units in order
to avoid the appearance of personal service contracting.
Unless the purchased service is measured in discrete
work units, contract administration personnel tend to
deal with contractor personnel as if they were working
directly for the buyer organization, thus creating the
problems associated with personal service contracting.
Examples of discrete
work packages would include square feet of interior or
external masonry wall painted; square meters/yards of
lawn mowed; numbers of guard posts manned; etc. This
type of work line item could be readily priced either as
a lump sum or a fixed price line item. If unable to
define requirements as discrete work packages, writers
of statements of work should develop time and material
or labor hour line items. The process involved uses
estimated manhours against which loaded labor rates
(including base hourly rate, benefits, overhead, G&A,
and profit) can be developed and applied. Total dollar
estimates for material usage (excluding labor, overhead,
G&A, and profit) are normally added to the total labor
estimate to derive a total cost estimate for the work.
Unlike discrete work package deliverables, which are
usually amenable to measurement and review for quality,
the output of time and material/labor hour contracts is
delivered as expended man-hours. It is considerably more
difficult to measure the quality of man-hours than it is
most discrete work items.
Supply purchasing,
(unless it is accomplished in a JIT environment),
invariably involves a "one shot" ordering process.
Service purchasing, conversely, often necessitates the
use of requirements or other indefinite quantity
contracts which rely heavily upon ordering "as needed".
Most time and materials/labor hour contracts are also of
this nature. Although most statement of work preparers
attempt to develop lump sum requirements, the
probability of their being able to do so decreases as
the complexity of the required services, size of the
contract, and the period of time covered by the contract
increases. Multiple ordering generally adds to the
administrative workload, and inability to develop lump
sum requirements leads either to complicated
composite-type contracts or to multiple ordering.
The frequency with
which bonding is required is another difference between
supply and service purchasing. Although bonding is
rarely employed in supply purchases, construction
contracts are almost always bonded. Bonding of
non-construction service contracts represents somewhat
of an "in between" situation, with many buyers invoking
bonding requirements on a business judgement basis.
Inspection procedures
also differ somewhat for supplies and services. Supplies
of a non-critical nature are normally inspected at
destination. Supplies of a critical nature will often
warrant inspection at origin, before the items are
shipped to the buyer's manufacturing facility. Services
must always be inspected at the performance site.
Suppliers that fail to deliver conforming items subject
themselves to rejection or return of the items
purchased. Service contractors which fail to perform
timely or at the required level of quality are
all-too-often paid for their shoddy workmanship. This
does not mean that service contracts cannot be written
so as to assure adequate quality. It is the challenge of
every statement of work writer to interject clear,
unambiguous standards of quality and methodologies for
measuring conformance. Contracts written with effective
quality requirements facilitate the buyer's ability to
demand quality performance through either reperformance
or reduction in payment for work not performed or below
the requisite quality standard.
Contract terms of
performance often vary between supply and service
purchases. Significantly sized supply purchases of a
non-systems nature generally terminate upon successful
delivery or (heaven forbid) default in delivery. Service
purchases of significant size and scope, unless they are
terminated for convenience or default, will generally
either terminate at project completion (often years in
the future), or be extended at the option of the buyer.
Although utility service contracts will often have a ten
year term, the standard term for many service contracts
is one base year and four one year options. Use of
service contract renewal options facilitates annual
schedule price adjustments around either economic price
adjustment escalators/deescalators or pre-priced
additions to the work. In Government service
contracting, the Fair Labor Standards Act and Service
Contract Act limits annual adjustments in labor and
labor-related cost changes indicated by a new Service
Contract Act wage determination. Although renewal
options are not unheard of in supply purchasing, their
use is much more pervasive in service purchasing.
Final payment for
supply purchases is invariably made after receipt,
inspection, and testing of merchandise and receipt of an
acceptable invoice. Although final payment in
construction contracts is made upon project completion,
service purchases generally call for monthly invoicing
and payment through buyer choice (contract requirement).
This is generally true whether the service is priced on
a lump sum or indefinite quantity basis.
The administration of
service contracts is highly resource intensive. Service
contracts are more likely to have a cost reimbursement
compensation structure than supply contracts, which are
invariably some type of fixed-price arrangement. Cost
reimbursement contracts require significantly more
administration than fixed-price contracts. Even
fixed-price service contracts demand inspection and
contract management surveillance at higher levels than
supply contracts, however. The combination of the added
labor law requirements, the multiple provisions needed
to implement the various indefinite quantity contract
types, the option pricing provisions, and the detailed
quality assurance requirements that even fixed price
service contracts require adds to service contract
administration complexity.
What Service
Purchasers Can Learn From Manufacturing Purchasers
It is important to
remember that purchasers in service industries buy from
manufacturers and that manufacturing companies buy from
service businesses (albeit often on a “decentralized
basis” as explained above). Purchasers in all industries
buy “goods” and as such must be familiar with the
manufacturing processes that were used in production of
those “goods”. Purchasers in all industries must be
proficient with the “learning curve”, breakeven
analysis/cost-volume-profit analysis, manufacturing cost
accounting, value engineering, value analysis, and the
whole panoply of things we learn in our basic purchasing
courses. Most purchasing curricula (my own Federal
procurement training included) concentrate on purchase
of goods and supplies and then branch out into service
purchasing, and that is an appropriate approach to
learning the business of purchasing, for the reasons
stated above.
Manufacturing
Purchasing Practices and Procedures Appropriate
Purchasers in Service Industries
As far as traditional
manufacturing purchasing “practices” are concerned, the
purchaser in service industries would be advised to put
some of his suppliers of “goods” on a “just-in-time”
delivery schedule. In addition, that service industry
purchaser should liberally use blanket
agreements/contracts for both goods and services and
consider approaching some of his suppliers of goods to
consider “consignment” of their goods to the service
business. Office supplies and other G&A inventory items
are excellent candidates for consignment whether the
business is a manufacturer or service business.
Purchasers in service industries (as well as purchasers
of services everywhere) should consider for adoption all
the current world class purchasing practices no matter
where they are used and rule them out only if they have
been evaluated to promise a less than a favorable
benefit to cost ratio.
Staying Current
All purchasers need to
stay current with developments in the field of
purchasing. The best way is of course continuing
education. Next Level Purchasing, the American
Certification Institute, the American Purchasing
Society, and the Institute of Supply Management all have
excellent procurement courses designed to keep the
purchaser current on developments. Another excellent way
is to establish a professional reading program. A
professional purchaser should read 3-5 new purchasing
books per year in order to stay current. Amazon.com is a
good place to start to see what is current.
