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The Frisby Group has long been committed to working with small and medium sized construction companies, assisting them in reducing turn over rates and thereby improving survival rates of them. This webinar was prepared for small (including minority ) contractors attending a SAME convention in St. Louis several years ago. It is very timely in that the Federal Government construction projects will probably diminish over the next several years but the emphasis on small business set asides will increase, as will the Government's O&M budget, especially relating to its goal of Net 0 buildings.
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Society of American Military EngineersJoint Engineer Training Conference
St. Louis, MissouriMay 24, 2012
Small Business ‐ How to Become and Stay a Successful Construction
Contractorwww.frisbygroup.org
©Tom N. Frisby 2012Power Point Presentation by: Mendi Arnold
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Opening The Door Is Not Enough
• Small Business Set Aside
• HUB Zone
• Minority
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Opening The Door Is Not Enough
Being a small / minority contractor only opens the door of opportunity to be a success…or a failure
Being a large contractor mentoring or joint venturing with a small minority / HUB zone contractor only opens the door of opportunity to be a success…or a failure
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Inside The RoomOnce inside the room, success or failure is now a function of HOW:
You are equippedequipped to perform
You actuallyactually perform
Continue to improveimprove performance
Identify and manage risksrisks
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Terra TerrabiliusTe
rra
Terr
abili
usTer ra T e rr ab il iu s
Terra Terrabilius
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It is indeed, survival of the fittest! Of 850,000 non residential
construction companies in 2004 only 649,600 were still in business in 2006. ( 23% failure rate )
Owners are demanding
The bar of performance is being raised
Only the most qualified will be selected
The economy is not friendly
Owners are shifting the risk to the contractors.
Contractor Failure Rates
14.6%24.6%1541 Industrial
17.5%25.0%1542 Non‐residential buildings
21.6%27.4%1600 Heavy Highway
24.4%29.0%1700 Trade Contractors
2004‐062002‐04SIC
Source: BizMiner
The Age of DarwinMost ContractorMost Contractor’’s performance is not adequate for sustainabilitys performance is not adequate for sustainability
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The Role of Today’s Contractor: Contractors must be more than
just builders. They must be excellent business managers
Marketing (acquisitions) is no longer just reading the Dodge report. It is now a function of the entire spectrum of activities in the company.
Marketing is a function of better performance than the competition, by each and all, from the president to the clean up laborer.
This is where some form of quality performance and continuous improvement programs should be evaluated, formed to fit your company, and implemented.
As they say, it’s a race without a race without a finish line!finish line!
So So –– It is a good time to evaluate It is a good time to evaluate your companyyour company’’s performances performance
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This is a Football!
In life how often do we need to go over things again and again. Whether it is training for a position at work or memorizing information for a school exam, we
all review the basics over and over and over and over again.
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The FundamentalsThe Three Components of Fielding a Winning Team
“Field a Winning Team”“Field a Winning Team”
$UCCE$$$UCCE$$
Industry ImmersionIndustry Immersion
Inter CompanyInter Company
Intra CompanyIntra Company
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Intra CompanyOrganize to Kick TailOrganize to Kick Tail
“Winning is not a sometime thing; it’s an all the time thing. You don’t win once in a while, you don’t do things right once in a while, you do them right all the
time. Winning is a habit. Unfortunately, so is losing.” Lombardi
Self Evaluation…Self Evaluation…
…IS:…IS: …WHEN…WHEN
Objective Before the game
Honest After the game
Hallmark of all great coaches After each play
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SWOT
Strengths
Weakness
Opportunities
Threats
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The Seven Pillars of GraniteHow to play the game
Integrity
LeadershipPeople
Processes
How to protect myself
Financial ManagementDrucker: Identify the needs of the customer. Organize to fulfill those needs:
•Be Competitive
•Have “Edges”
•Get Better
•Make a Profit
•Be Your Customer’s Preferential Contractor
Intra Company
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How to Play the Game
Intra Company
Joint Venture or Partnering?
Website www.frisbygroup.org
Click Doing Business with the Federal Government
Stay Involved with SAME
Stemple Plan (Mentor/Protégée Plan)
Federal Government Construction Contracts by Smith, Currie and Hancock
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Integrity
Intra Company
Driving Force Behind Every Activity in a CompanySafetyContract ComplianceChange Order PricingHow you treat your peopleHow subcontractors are treatedAccountability
Roy Disney said: Once you have your values in place, you never have to make a decision again.
This is the central driving force behind every multi-generational company we have studied.
See website “The Construction Industry’s Ethical Dilemma” http://ecmweb.com/mag/electric_construction_industries_ethical/
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Integrity Standards of Conduct Federal Procurement
Do Not Pass Go – Go to Jail
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Procurement Integrity
Contractors need to appreciate that government contractors are held to a high
standards of ethics and conduct.
The following references are not complete – only illustrative of key FAR and statutory requirements.
TAKE THESE SERIOUSLY!!!
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Requires contractor to certify entitlement and cost appeals of proposal for equitable adjustment
FAR 15.406‐2Certificate of Current Cost or Pricing Data
Agents engaged to solicit award prohibitedFAR 52.203‐5Covenant Against Contingent Fees
Certifications as to validity of claims in excess of $100,000
FAR 52.233‐1Disputes
Amounts requested are only for performance in accordance with specifications, terms, and conditions of contract; payments to subcontractors have been made from previous payments; timely payments to subcontractors will be made; and payment request includes no amount that prime contractor intends to withhold (retain) from a subcontractor or supplier.
FAR 52.232‐5Payments Under Fixed‐Price Construction Contracts
Affirmative Action Program StatusFAR 52.222‐25Affirmative Action Compliance
Certification that Davis Bacon wages fully paid and payroll records form are accurate and complete.
FAR 52.222‐8Payrolls and Basic Records
Basic Subject MatterFAR ReferenceTitle of Provision
Federal Government Illustrations
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Applies to any request related the payment of money by the United States, directly or indirectly
31 USC 3729‐3733False Claims Act
Includes statements, false entries, oral and unsworn statements.
18 USC 1001
Cost or pricing data on negotiated contracts or subcontracts; modifications of contract in excess of $650,000; necessity for certification
10 USC 2306a
41 USC 254
Truth in Negotiations
Civil Statutes
False Statement Act
Applies to any request related the payment of money by the United States, directly or indirectly
18 USC 287False Claims Act, Criminal Liabilities
Prohibits payments by subcontractors at any tier to prime contractors or subcontractors to obtain a government contract
41 USC 51‐58Anti‐Kickback Act
Subject Matter / NotesStatutory ReferenceTitle
Criminal Statutes
Federal Government Illustrations
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Fundamentals Leadership
CII says their leadership eclipses all other elements of Total Quality Management (TQM)
Our studies show that an unmistakable characteristic of the continuously successful
company is leadership blended with managementship.
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Leadership & ManagementshipLeadership & ManagementshipLeadershipLeadership
Discovering right market nichesDiscovering right market niches How to be ahead of competitionHow to be ahead of competition Company values, visionCompany values, vision Meeting new challengesMeeting new challenges How to improveHow to improve Bringing technology into companyBringing technology into company Community involvementCommunity involvement Work place environmentWork place environment
Managementship Policies & procedures in place
(project management tools) Implemented (performance)
people development, training, effective use of technology systems & conflict management
Continuous improvement programs
Communication Evaluation mechanisms
It takes both, plus EXECUTION! It takes both, plus EXECUTION! PLEXPLEX
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The Role of the PresidentManagement Approaches
Top Line Management Empower others (enable first) Ideas from anywhere Get the best people, develop them, &
reward them (see “Good to Great”) Customer driven: internal & external (see
“NUTS”) Profit driven (grow capability before
revenue) Team oriented Continual improvement Accountability committed Process driven Strategic planner Priority manager Liquidity manager Strong principles (see Roy Disney) Risk Manager
Bottom Line Management
Command & control
Ideas from the top
People are expendable
Financial driven
Revenue driven
Company focus
Status Quo
Do what it takes
Get it done
Tactical planner
Risk Taker
BUT ONE SIZE DOES NOT FIT ALL!
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The Role of the PresidentHe is the “Head Coach” Knows how to play the game Develops game plans which will win using:
Excellent players who have a play book Processes
Real team players that give input on how to win A great recruiter
People want to come and stay at his/her company Has excellent assistant coaches Constant evaluation of game plan and players Can take a loss and still come back for the next game Innovative – a student of his profession Prepares for a muddy field
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FundamentalsPeople
From Good to Great by Jim Collins
Load your bus with the best people, in the right seats.
You improve through emphasis on the WHO and not the WHAT.
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Company Organization and Procedures
enablement empowerm
ent
High Standards
X Technical
X Values (Character)
X Process
X Accountability
X Interpersonal Relations
Command & Control Do Manage Lead
Martin K. Eby Sr. felt his number one job as President was to develop his people through a coaching and experience matrix.
This is the reason for succession plans – to develop (or enable) a subordinate into a greater management position. This is the reason for career development programs, continuous improvement programs, seminars, in-house training, and lifetime training
to enable individuals to perform (and this organization) to perform better.
Without “enablement” there is not quality organization: empowerment will fail.
The importance of hiring right
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Continuous Training
Hiring
App
roach
Interns
Expect
ations &
Evalua
tions
In‐house training Conference room, on the
job, Webinar
Coaching / Mentor
Programs “Slettenizing”
Pre‐mortems
(lessons learned)Priority
Identification
Best Practices Teams
During
Mortem
sPost
Mortems
Succe
ssor
Develop
ment
Industry
Advances
Cross Training
Continuous Training
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Processes“Best Practices” to Perform Each Function
Everyone on common approach
Basis for evaluating what works
Basis for evaluating what doesn’t
Basis for measurement KPI’s
Basis for kaizen (improvement)
Processes are not just papers in three ring binders
Processes are not just papers in three ring binders
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Ask yourself:
Are you better today than in May 2011?
Is your Company?
Get Work Do it Better
Get WorkDo it Better
Deming’s Circle
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SCHEDULEAS
PROCESS
BEST PLAN FOR MANAGING PROJECT
BASIS OF SERIES OF PROMISES
MANAGES VARIABLES
MEASU
REMEN
T TOOL
20-20
FORESIG
HT
BEST PL
AN FOR
PRODUCTIVITY
(WORK FL
OW)
PARTICIPATORY (OWNERSHIP)
COMMUNICATION TOOL
Processes:
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Field Documentation As a Process
Daily Report Shows Equipment Delivery
Management asks”WHY”
Give Owner & Supplier Written
Notices
Works to Mitigate Damages
Updates Schedule to Show New Data
Record Effect
Update Labor Report Shows
Negative Trend
Field Documentation As a Process
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Pareto – The Frisby learning curve“We have learned to repeat our mistakes.”
Companies fail because early detection of cancer is not spotted and excised. (The Law of Chaos)
CANCER
Inspect and correct philosophy
Inadequate field documentation
Failing to update schedule and coordinate
METASTASIZE
Delays close out, increases labor costRisk not being pre‐qualified on next jobLack of early warning and timely notice barsPotential claimProject goes southWrecks production flowBuild claims instead of projects
Cancers which can MetastasizeCancers which can Metastasize
Processes – The Management of Waste
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Productivity PAC Men
RE-W
ORK
EXCESSIVE WARRANTY
JOB CONDITIONS
EXCESSIVE OVERTIME
UNTIMELY DELIVERIES
UNTIMELY SUBMITTALS
UNTIMELY DECISIONS
INEFFCIENTMATERIALHANDLING
INEFFECTIVE
PLANNINGAND USES
OF SCHEDULE
UNQUALIFIEDPERSONNEL
CRAFTSMAN TURNOVER
SUPERVISORYTURNOVER
•DISRUPTIONS•OUT OF SEQUENCE•CROWING•ACCESS•DENIAL/OBSTRUCTION•CHANGED CONDITIONS•ACCELERATION
COLLABORATIVE APPROACH
WITH OWNER-DESIGNER-SUBS
Productivity Factors
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CASH FLOW MANAGEMENT
INVESTMENT
RIGHT JOB
GOOD ESTIMATE
MOBILIZATION
BILLING
CHANGE ORDER BILLING
WORKMANSHIP (BIQ)
LEARN G & AWORK FLOW
SAFETY
BACKCHARGE
MANAGEMENT
TIMLE
Y PROCESS
Keep the cash running through the company. Some of it is going to stick.
FINANCIAL MANAGEMENTCASH FLOW MANAGEMENT
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How to Protect Myself
Remember the Rooster?
Know the rules of the game!
Play by the rules of the game. Like the Saints, infractions can include being tossed out of the
league, or at least, loss of the game.
Read the contract (RTC bumper sticker)
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Follow the Quads
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(1) Contracting officer’s decision becomes final and conclusive.
(2) Contracting officer’s decision becomes final and conclusive.
(1) Yes‐Notice of Appeal
(2) Yes‐Filing of complaint
(1) Boards of Contract Appeals‐90 days from receipt of contracting officer’s final decision.
(2) US Court of Federal Claims‐1 year from receipt of contracting officer’s final decision.
Appeal of any final decision final decision byby the contracting officer.
Disputes
FAR 52.233‐1
Contractor may be held responsible for delay (LD’s erg.)
Yes10 days from the beginning of any delay.Causes of delay beyond contractor’s control.
Time ExtensionsFAR 52.249‐10
(1) Costs incurred more than 20 days prior notification cannot be recovered.
(2) Claim not allowed, but claim may be considered until final payment. Don’t count on it!
Yes(1) Within 20 days from the act or failure to act by contracting officer (not including a suspension order).
(2) “As soon as practicable” after termination of the suspension, delay or interruption.
(1) Of “the act or failure to act involved,”
Suspension of Work
FAR 52.242‐14
Claim not allowed unless constructive notice is sent to the government.
YesFrom the time conditions are identified, notice to be furnished ““promptlypromptly”” and before such before such conditions are disturbedconditions are disturbed
Existence of different conditions affecting contractor’s work.
Differing Site Conditions FAR 52.236‐2
Costs incurred more than 20 days prior to giving notice cannot be recovered. Does not apply to defective specifications.
YesWithin 20 days of incurring any additional costs due to the constructive change fully protects the contractor’s rights.
Date, circumstances, and source of the order and that contractor regards the government’s order as a contract change.
Constructive Changes
FAR 52.243‐4
Disallowance of claims but may be waived until final payment. Don’t count on it!
Yes30 days from receipt of a written change order from the government or written notification of a constructive change by the contractor
Proposal for adjustmentChanges FAR 52.243‐4
Potential Consequences of Lack of Notice
Writing RequiredTime RequirementsNature of NoticeClause Reference
Illustrations of Written Notice Requirements in Federal Construction Contracts
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INTERFACE MANAGEMENT
SUPPLY CHAIN
FINANCIAL RELATIONSHIPS SUBCONTRACTORS
TECHNOLOGICAL TRENDS
INDUSTRY TRENDS / RESOURCES
CUSTOMEROWNER/GENERAL
CONTRACTOR
Inter Company
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INTERFACE MANAGEMENT
TRADE ASSOCIATIONS
SAME, PMI, CSI, SBA
COMMUNITYUNIVERSITIES(Purdue, e.g.)
PEER GROUP
INTERFACE MANAGEMENT
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TECHNOLOGY MEANS & METHODS
ELECTRONIC TOOLSBIM
PM SYSTEMSCLOUD COMPUTING
ROBOTIC
DELIVERY SYSTEMSDESIGN BUILDINTEGRATED
PROJECT DELIVERY(IPD’s)
PROJECT MANAGEMENTBIM 25/10 CONCEPTLEAN MANAGEMENT
NO PUNCH LIST (P-I –F)BEST PRACTICESCOLLABORATION
SPEEDPRE-ASSEMBLY
MODULARMATERIALS (FRP, e.g.)
CHINESE 16 DAY BUILDINGNANO TECHNOLOGY
Industry Immersion
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National Research Council (NRC) Recommendations Opportunities for Breakthrough Improvements
1. Widespread deployment and use of interoperable technology applications, also called Building Information Modeling (BIM)
2. Improved job-site efficiency through more effective interfacing of people, processes, materials, equipment, and information
3. Greater use of prefabrication, preassembly, modularization, and off-site fabrication techniques and processes
4. Innovative, widespread use of demonstration installations
5. Effective performance measurement to drive efficiency and support innovations
TQM – The Industry
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SummaryIt is not size which will provide platform for
success
It is PERFORMANCE!
It is staying on top of your game and ahead of the competition.
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1. How have YOU improved over the last year as a person?
2. List how your COMPANY has improved over the last year?
3. If you sold your company for just book value, how long would it take, based on the last three years financial history of your company, for the purchaser to earn back his investment (assuming the same revenue and generally the same market conditions)
4. Give a letter grade to each of your management and supervisory personnel in your company. What is the average? What is their potential?
5. How many claims have you had against your customers over the last three years?
6. How many claims (liquidated damages, other) have your customers had against your company over the last three years?
7. Is your current ratio above or below 1.5?
8. Is your EMR above or below .85?
9. How many key management and supervisory personnel have you lost in the last three to five years?
10. Is your net profit above or below 2.5%.
11. Would you rate your permenent field non‐supervisory personnel at above or below an average grade of a "C"?
12. Do you have a benchmark or earned value reporting system in your company?
13. Do you have a successorship plan in your company?
14. Do you have continuous training programs in your company for all levels of personnel?
15. Is your company pretty well doing business now as it did five or ten years ago?
16. Over the last five years, you have listened to many MCA programs. List three things that immediately come to your mind that you have learned and actually implemented from these programs. Do not take more than one minute to answer this question.
17. What is the strongest attribute of your company?
18. What is your company's greatest weakness? How long has that weakness existed?
19. How often do you and your key people meet to discuss the future of your company (markets, personnel development, processes, delivery systems, financial et al?)
20. Bottom line: Are you satisfied that your company is "best of its class" and if not, what do you intend to do about it? On the other hand, are you satisfied with where your company is, making the money you need to make, and have no plans for any changes?
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1. Constancy of Purpose for continual improvement of services and allocation of resources to achieve this purpose.
2. A New Philosophy which finds unacceptable unnecessry waste, delays, defective products and workmanship.
3. Cease the concept of inspect and correct through built in quality.
4. Procure through value oriented, instead of lowest cost, contracts.
5. Improve every process.
6. On the job training of all levels in the company.
7. Leadership aimed at programs to improve productivity.
8. Replace fear with participation.
9. Replace slogans with effective methods and training.
10. Develop a culture of pride in workmanship.
11. Encourage education and training.
12. Leadership's commitment and action to achieve its goals.
13. Open communication by breaking down barriers.
14. Replace arbitrary goals (such as quotas) through training and processes.
Dr. Demings 14 Point Total Quality Management Program