What is a Procurement Contract?
In return, the purchaser agrees to either accept delivery of and pay for a designated quantity of the supplier’s goods or reimburse the supplier for the expenses associated with providing the goods or services.
This contract forms the foundation for establishing and overseeing the relationship between the purchaser and the supplier, ensuring clarity and reducing uncertainties. To enhance supplier management practices, we’ve developed a strategic sourcing guide. Access it now to enhance supplier relations and achieve cost efficiencies.
What is included in a procurement contract?
Key components typically found within a procurement contract encompass the following:
Monitoring and performance control
This process ensures that each party derives the intended benefits from the contract, safeguards their respective rights, and ensures compliance with contractual obligations.
Receipt, Inspection, and Acceptance
Contract Termination
Alternative Dispute Resolution
Financial Management and Payment
Performance Securities
Contract Completion and Closeout
Types of procurement contracts
Here are the three primary types of procurement contracts, along with their respective variations:
Fixed price contract
These contracts are particularly suitable for essential supplies crucial to the buyer’s supply chain, as they lock the buyer into an agreement ensuring a steady supply at reasonable prices, provided the terms of the contract are upheld.
Fixed-price contracts are categorized into three main types:
Firm Fixed Price
Fixed Price & Incentive Fee (FPIF)
This type of contract involves the buyer paying a fixed price for a minimum order quantity of supplies, with an additional incentive offered if the supplier meets or exceeds contract terms. Essentially, the buyer guarantees payment for the required supplies, while the supplier commits to delivering a specified volume. The buyer may offer a bonus if the agreed order volume is available at the promised price. FPIF contracts are often used when there’s a scarcity of the desired supply, and the buyer wants to secure a deal for future procurement.
Fixed Pricing with Economic Price Adjustment (FPEPA)
For instance, if inflation occurs after signing an FPEPA contract, causing the supplier’s costs to rise, they are justified in raising prices for the delivered supplies.
Fixed-price contracts are commonly employed when the buyer seeks to acquire pre-built products at stable, predictable prices over a specified period. The supplier invests in producing the inventory, while the buyer ensures a guaranteed supply based on their anticipated needs.
Cost reimbursement contract
There are three primary types of cost reimbursement contracts:
Cost Plus Fixed Price (CPFF)
Cost Plus Incentive Fee (CPIF)
Cost Plus Award Fee (CPAF)
Cost reimbursement contracts shift the burden of capital costs onto the seller, with the buyer committing to reimburse these costs, plus interest, upon meeting contract terms. These contracts are often employed when the buyer seeks customized products or ongoing project work, rather than standard goods. They provide flexibility for sellers to undertake projects without upfront payment, with reimbursement contingent upon meeting specified targets.
Time & material contracts
For instance, in the digital services industry, a freelancer might propose a quote of 100 hours to develop a new website. The client, seeking to manage costs, negotiates for the project not to exceed 80 hours, with an hourly rate set at $100.
Once terms are agreed upon, the project commences. Upon completion of the website, the freelancer submits an invoice detailing the hours worked along with any additional material expenses such as web hosting, premium themes, and SaaS subscriptions (e.g., Cloudflare), among others.