Subject: Re: ISO 9001 Certified Virtual Office /../Andrews/Dey/Kozenko
Date: Thu, 8 Jul 1999 15:58:23 -0600
From: ISO Standards Discussion
From: Write9000
Subject: Re: ISO 9001 Certified Virtual Office /../Andrews/Dey/Kozenko
> By failing to meet a contract [requirement], for example by delivering
>late, one is not amending the contract. One is failing to meet it.
>
Pat:
I agree completely, and to put it in the "lingo" of contract professionals, failing to meet a delivery date is in fact a default of contract, for which there are two different types of remedies (for the purpose of our discussion List): (1) legal remedies and (2) quality system remedies.
This is all I have to say about "legal" remedies:
The last time I read any of the fine print on any of the providers of express (that is, "one day") delivery service providers' packages and bills of lading, I found exculpatory language to the effect that the service provider would only apply "best efforts" to the intended "overnight" delivery...
The remainder of this post is about quality system remedies...
At first, the exculpatory language of the contracts people made me angry. I wanted to believe that my company's twenty bucks could somehow GUARANTEE overnight delivery. Then I gave some thought to my company's own personnel, and the fact that, converted into light bulbs, some of them couldn't illuminate the crawl space underneath my basement stairs (relative position in the management organization notwithstanding...).
What we're actually dealing with here is the "degree of risk" that ISO (9001:1994) talks about in Clause 4.14, Corrective and Preventive Action, which in part I quote:
"Any corrective or preventive action taken to eliminate the causes of actual or potential nonconformities shall be to a degree appropriate to the magnitude of the problems and commensurate to the risks encountered."
Now I'm going to risk offending a lot of list readers, and put that statement of the Standard into a business perspective meaningful to Fed X (and I don't even work for Fed X, but it's a great opportunity to applaud the Standard as written...)
If I were the CEO of Fed X, I wouldn't care if YOUR package didn't get delivered on time, truly...
I would care if perhaps, a THOUSAND packages sent from your "sending location" did not get delivered on time. And why is that?
My reasoning would be this: It's totally absurd to believe that every package taken to any Fed-X counter in any location everywhere every day is going to reach its intended destination on time (that is, tomorrow...) and anyone who believes this of any express carrier is not living in the real world... My experience as a contracts manager taught me that cover letters for Bids and Responses to RFP's and RFQ's for public agencies (with totally strict bid-date received-by deadlines) should contain the text, "This Proposal may have been received in duplicate original(s)..." and that several (two, and perhaps more than two...) providers of express delivery services should be used (even for USPS bids, and don't think that part of quality is funny...).
You learn to think this way the first time one of those so-called "express" delivery service providers fails to meet your intended contractual requirements, and your bid for (say) $20 million in professional services is not even considered because it arrived a day late (and, of course, everyone knows the business development VP is going to hand you one "original" of the bid at 8:30 pm the day before it's due, knowing full well that the express shipment stations for any express services all close at 9 pm at the airport, which is 20 minutes away...); and when you find out your bid is not even being considered, you not only have to explain it to the President, VP Operations and the VP Business Development, you also have to try to continue to work with the people who's lives were in that Proposal... who won't be going to that "next job" that you could have won, but for the failings of the express delivery service provider... It's called "quality planning" where redundant delivery of duplicate originals makes all the sense in the world... (hands clapping for subClause 4.2.3).
But it's confusing to the express delivery service provider, who only cares if (pick a number here...) 99.4 or 99.5 per cent of the contracted "express" deliveries arrived on time. Because to the express delivery service provider, the number you picked is "ok" and it's certainly commensurate with the "risk" which is:
(Thinking now as the CEO of Fed-X again...) "...in order to improve performance from 99.4 percent to 99.5 percent on-time overnight delivery, it will cost the company 8 billion shareholder dollars, since (for example) clerks would (then) need to be 4 year degree holders, as opposed to (now) high school graduates... certainly not "commensurate with the risks" since, if the company DOES NOT spend that kind of money on a miniscule performance metric improvement, the company will still be in business tomorrow and so on ..."
Now let's see that Standard requirement one more time:
"...shall be to a degree appropriate to the magnitude of the problems and commensurate to the risks encountered..."
to which I can only add, [applause...] and [Thanks, Pat...].
David Kozenko
Date: Thu, 8 Jul 1999 15:58:23 -0600
From: ISO Standards Discussion
From: Write9000
Subject: Re: ISO 9001 Certified Virtual Office /../Andrews/Dey/Kozenko
> By failing to meet a contract [requirement], for example by delivering
>late, one is not amending the contract. One is failing to meet it.
>
Pat:
I agree completely, and to put it in the "lingo" of contract professionals, failing to meet a delivery date is in fact a default of contract, for which there are two different types of remedies (for the purpose of our discussion List): (1) legal remedies and (2) quality system remedies.
This is all I have to say about "legal" remedies:
The last time I read any of the fine print on any of the providers of express (that is, "one day") delivery service providers' packages and bills of lading, I found exculpatory language to the effect that the service provider would only apply "best efforts" to the intended "overnight" delivery...
The remainder of this post is about quality system remedies...
At first, the exculpatory language of the contracts people made me angry. I wanted to believe that my company's twenty bucks could somehow GUARANTEE overnight delivery. Then I gave some thought to my company's own personnel, and the fact that, converted into light bulbs, some of them couldn't illuminate the crawl space underneath my basement stairs (relative position in the management organization notwithstanding...).
What we're actually dealing with here is the "degree of risk" that ISO (9001:1994) talks about in Clause 4.14, Corrective and Preventive Action, which in part I quote:
"Any corrective or preventive action taken to eliminate the causes of actual or potential nonconformities shall be to a degree appropriate to the magnitude of the problems and commensurate to the risks encountered."
Now I'm going to risk offending a lot of list readers, and put that statement of the Standard into a business perspective meaningful to Fed X (and I don't even work for Fed X, but it's a great opportunity to applaud the Standard as written...)
If I were the CEO of Fed X, I wouldn't care if YOUR package didn't get delivered on time, truly...
I would care if perhaps, a THOUSAND packages sent from your "sending location" did not get delivered on time. And why is that?
My reasoning would be this: It's totally absurd to believe that every package taken to any Fed-X counter in any location everywhere every day is going to reach its intended destination on time (that is, tomorrow...) and anyone who believes this of any express carrier is not living in the real world... My experience as a contracts manager taught me that cover letters for Bids and Responses to RFP's and RFQ's for public agencies (with totally strict bid-date received-by deadlines) should contain the text, "This Proposal may have been received in duplicate original(s)..." and that several (two, and perhaps more than two...) providers of express delivery services should be used (even for USPS bids, and don't think that part of quality is funny...).
You learn to think this way the first time one of those so-called "express" delivery service providers fails to meet your intended contractual requirements, and your bid for (say) $20 million in professional services is not even considered because it arrived a day late (and, of course, everyone knows the business development VP is going to hand you one "original" of the bid at 8:30 pm the day before it's due, knowing full well that the express shipment stations for any express services all close at 9 pm at the airport, which is 20 minutes away...); and when you find out your bid is not even being considered, you not only have to explain it to the President, VP Operations and the VP Business Development, you also have to try to continue to work with the people who's lives were in that Proposal... who won't be going to that "next job" that you could have won, but for the failings of the express delivery service provider... It's called "quality planning" where redundant delivery of duplicate originals makes all the sense in the world... (hands clapping for subClause 4.2.3).
But it's confusing to the express delivery service provider, who only cares if (pick a number here...) 99.4 or 99.5 per cent of the contracted "express" deliveries arrived on time. Because to the express delivery service provider, the number you picked is "ok" and it's certainly commensurate with the "risk" which is:
(Thinking now as the CEO of Fed-X again...) "...in order to improve performance from 99.4 percent to 99.5 percent on-time overnight delivery, it will cost the company 8 billion shareholder dollars, since (for example) clerks would (then) need to be 4 year degree holders, as opposed to (now) high school graduates... certainly not "commensurate with the risks" since, if the company DOES NOT spend that kind of money on a miniscule performance metric improvement, the company will still be in business tomorrow and so on ..."
Now let's see that Standard requirement one more time:
"...shall be to a degree appropriate to the magnitude of the problems and commensurate to the risks encountered..."
to which I can only add, [applause...] and [Thanks, Pat...].
David Kozenko
