Finally getting hot over here and just in time. I
was concerned I'd never get a chance to wear my cool safety sunglasses. Keep
your eyes open at the home improvement store and you'll see them; wrap around
mirrors. Might be the best safety investment you make. Why? Because
your kids will want to wear them!
Have you seen the Lineup of Great speakers? You
gotta look and
make plans to participate!
The Oregon Mid-Valley Purchasing and Supply Management Association is excited to
announce the 68th Pacific Northwest Purchasing Conference to be held at
the Embassy Suites Hotel in Portland, Oregon from October 24 -26, 2011.
This Conference is focused on educational learning opportunities which will
allow each attendee to be able to add value to their own personal professional
knowledge and skills while enhancing their company’s profitability. This
Conference will also provide an excellent opportunity for continued networking
with your professional peers from all over the Pacific Northwest region.
We are planning a minimum of 24 educational programs for you to select from.
Invite your colleagues and don't miss
out on this exciting educational event which is being specifically organized for
everyone working in or with the purchasing and supply management profession!
I will be conducting a workshop on Service
Contracts at the conference. Here are two of the items we can talk about during
that workshop. Mt.
In a service contract, sometimes
it becomes obvious the contractor is not going to perform and/or has not
complied with contract requirements. We don’t have to wait until the contract
due date to make that determination and take legal action. It's appropriately
called Anticipated Breach.
Of course the problem in any
contract dispute is proving the contractor violated ( or is about to violate)
the contract. IF you want a better chance of winning a
legal claim, there are two important concepts to keep in mind:
DOCUMENT each problem when it
happens during the contract in a way that it can later be used in court as
evidence. Use specific buzzwords such as “Failure to perform in
accordance with contract specification section 2.3.1”.
Even if you resolve the individual problem amicably, document the action so
that if needed later, you can prove a pattern of problems.
Here is another sample; “Regarding contractor’s failure to
complete section 2.2 of the specification by August 1, we have agreed, in
this instance only, to allow contractor to finish the item by September 1
with no penalty. This agreement is specific to this one instance and does
not change or amend any of the other performance requirements of the
contract, nor establish a precedence wherein other failures of contractor to
perform may be allowed.”
Sound like pretty harsh words? Of course, lawyers
always try to sound that way. Unfortunately I know many Buyers, who wish
they had documented problems when they occurred when the contractor later
took advantage of them again and again and again ....
Request ADEQUATE ASSURANCE
the contractor will finish performance in accordance with the contract. A
buyer may reasonably request assurance from the contractor that the contract
will be performed. [UCC 2-609]. If the contractor is unable to provide
assurance or in some way indicates an intent to breach the contract then you
have grounds to sue for "anticipated breach" of contract even though the
performance period has not yet finished.
Of course, the duty to sue and prove the case rests with the buyer – and so
it’s important to sufficiently and correctly document the anticipate breach.
Here are some sample buzzwords; “ Contractor is requested
to provide adequate assurance within 7 working days that contract item x
section 3.3 will be completed in accordance with the contract no later than
August 2.” And then later,
“ Based on contractors failure to provide adequate assurance that contractor
is in compliance with section 1.2 of contract x” or “based on contractors
failure to make progress so as to endanger completion in accordance with
Corollary: After a failure
documented in item 1 above, you may also want to demand adequate assurance via
item 2 that the failure won’t happen again. And, just as importantly for the
future, include solicitation requirements that the contractor has to provide
some evidence the failure will not happen again. At least include the discussion
in your negotiation before award. "You failed to meet the deadline
last time, why should I believe your proposal this time?"
If you think your contract could
end up in court, consult legal counsel and use Legal Counsel preferred wording.
Regardless of the wording, if you want to prevail, “prepare to win the case by
Who is that person in the copy room?
Do you have a service contract that authorizes
contractor to work in your building or on company property? Do you care who
those workers are? Would you mind if the copier machine repair company sends
personnel who were convicted thieves, gang leaders, terrorists, spies from your
competitor or worse? Would you feel safe knowing that the janitorial
company staff includes Charles Manson? I think not. In addition to the obvious
risks, I also think your company might have some corporate liability if it's
your contract that authorizes service company personnel access. There is even a
greater risk if the contract fails to require the contractor to do some basic
background verification of personnel who will be supplied under the contract.
In the U.S., all employers are required to complete
I-9 identify verification of their
employees. So asking for confirmation as part of your contract shouldn't be too
onerous. Also, consider specific verifications, certifications, waivers, etc.
that are more tailored to the types of risks. Example: “Each person who
will be working on this contract must sign a confidentiality agreement and a
certification that they are not affiliated with MNO corporation.” You could
also require that the contractor use the (free)
Federal E-verify program to verify the
identity of employees who will be allowed access to our facility.
We are not talking about interfering with the
contractor-employee relationship, nor restricting in any way the contractor’s
right to employ whomever he wants. We are talking about contractually limiting
who the contractor may provide to perform work in our facility. As long as we
include the requirement in the solicitation and aren’t requiring the contractor
violate federal law; using acceptable personnel becomes a matter of contract
develop their own professional development programs! No one would want to use a
doctor or a tax attorney who hasn't kept up with the latest advancements. If you
doctor said " I don't keep up with current medicines because my manager won't
pay for it," would you stop using that doctor? Is our profession any different?
Are we prima donnas who only learn what our managers require and pay for? Are we
willing to let someone else will take
responsibility for our professional development.
Here is sample strategy
Unfortunately, our company is going through a budget problem and is
reducing staff. It's all too close to home today in many areas. I heard someone
remark, " It's been so long, I don't even know where or how to
look". Unfortunate but true for too many of our colleagues.
In the best of times, looking for a job can be daunting; today, even
worse. The best advice I can give you, is to approach the problem, just like you
would a complex acquisition. Tackle the job hunt systematically, prepare and
organize your data. Check references, compile skills and then enlist the help of friends
and colleagues. Our business is finding needles haystacks or rabbits in hats. We just have to get over taking it personally and treat the quest
for a new job like
it was our procurement business.
I have a few articles, ideas and links on this
page. ( I know they need updating) See if
gets you fired up.
Who in your affiliate reads and disseminates notes from ISM meetings? As interested members, I think someone from each
affiliate should be assigned to read and report to members ( just my opinion). I found these tidbits in the May ISM BOD meeting minutes. Thought you might
find them interesting.
The BOD has heard a proposal
to change the name to IISM. (International...) Now that we have affiliates
in several foreign countries, I think it's worth considering.
Paul Novak has set a date for
his retirement. There will be a search committee formed, in case you
want to apply. I remember meeting Paul at my very first Leadership program
in San Francisco many years ago. Those were the days.
The BOD also heard a recommendation to increase ISM dues,
and will consider it again. Proposed implementation out a year.
Current affiliate count is 159…. Which includes Canada,
India, Bangladesh, Korea. No wonder CPSM test materials are available in 4
Problem1: Spell checking does not spell check words
in Capital letters. If you create letters and correspondence with ALL CAPITAL
LETTER SUBJECT LINES, by default, the spell checking engine does not check the
words in capital letters.
Change the option in Word and Outlook to enable spell checking of words in
I sometimes find myself looking at a spelling problem in a
word document and the spell checker assumes everything is correct – but it ain’t.
Did you know that Word remembers each time you spell check a document, and only
checks the new/changed text? So if you accidentally skip a spelling error one
time – it will never catch the same error again in that document. To force the
spell checker to recheck the entire document, there is an option hidden in the
Click the option to have word recheck the
spelling in the entire document. It’s in the Word Options>proofing menu. NOTE:
This only resets the spell checker one time for that specific document.
Better Solution: I depend on this option so much, I’ve added the
button to my quick access toolbar.
Got a task due in 45 days? Set it up as an Outlook task
and in the Due Date field type “45 days”. Type “45 days” and Outlook will figure
out what the date should be 45 days from now. Outlook also recognizes “weeks”
as in due in “6 weeks” Sorry, Outlook doesn’t know the difference for work days.
If you want help calculating work days use the Excel function
Free space in your mailbox by using OPTIONS to
edit a message and remove large attachments. Over the course of a few hours I send
copies document to several different people. I may want to keep the message
so I remember sending it to each person, but there is really no reason to keep
multiple copies of the attachment. Save space, by opening the message in
the sent messages folder and in the Toolbar click OTHER ACTIONS > EDIT
MESSAGE. Then right click and remove the attachment. SAVE the message. It’s
back in your sent items folder, but without the extra large attachment taking up
While you are at it, revise the subject line of messages while you are reading
them. While you are reading an Outlook message, click in the subject line and
change the subject to something that make sense e.g. “ Bob’s response to my
question” before saving the message in a folder.
Problem: I sometimes want to make changes to an outlook
meeting I scheduled, but don’t want to bother all of the participants with
sending updates each time I edit the appointment
want to adjust the meeting on my calendar to add some personal preparation or
travel time. When I change the appointment, Outlook diligently tries to send an
update to all participants.
Solution: You can't do this directly in Outlook
2007, but there is an easy workaround.
to WORK OFFLINE . It’s choice on the file menu or also for us Exchange Users
in the lower right corner of the Outlook window.
Outlook is offline – change the appointment and save ( Outlook will insist
on sending updates to everyone)
Outlook is offline – the update message will get stuck in your Outbox. Just
delete the update message.
back to Online mode by unchecking the work offline menu choice
Outlook appointment is changed on your Calendar; and you didn’t bug everyone
with an extraneous meeting change notice.
In my opinion, if you work in a company that users Microsoft Office,
you have to become proficient with Outlook. It can be the your best assistant,
or worst enemy. Get some more ideas for using
Want some Whiskey or Gin Like your
grandfather used to make? Have you ever heard of Lemoncello? It's a refreshing
aperitif or makes wonderful truffles. Check out my friend Joel's distillery.
Maybe we'll see you there:
Provide Feedback and
suggestions for future newsletters at any time. I'll try and use what I can.
I really do
appreciate those of you who take the time to write and comment on this
newsletter! As always, you are welcome to use my articles or presentations for
educational purposes. Just as long as you are not charging for the materials and
credit the source.
This newsletter was sent to people who have
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list nor do I send spam or any of the other oddball messages we all seem to
receive everyday. If you want me to drop you from the list, just ask. If you
think I’m sending you the other spam –
It ain’t me babe [doesn't that line sound
like it should be a song?].
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