In my book, Project Management the Agile Way, I make this statement in the chapter on contracts:
Firm Fixed Price (FFP) completion contracts are inappropriate for contracting agile.
I got an email from a reader challenging that assertion, to which responded:
There are other factors which are vexing in the public sector in a FP contract arrangement:
1. Agile promotes a shift in allegiance from the specification being dominant to the customer needs/wants/priorities being dominate. Try telling a CO you are not going to honor the spec as the first precedence!
2. Following on from a shift in allegiance, what then is the contractual definition of "done". Is the project done when the money runs out (best effort); when the backlog is exhausted (all requirements satisfied); or the customer simply says "I've got what I want"? This debate drives the COs nuts.
3. How does a COTR verify and validate (V and V)? In the federal sector, V and V is almost a religion. But, what's to be validated? Typically, verify means everything that is supposed to be delivered got delivered; validated means it meets the quality standard of fitness for use. If the scope is continuously variable, what's to be verified? What do you tell the CO?
4. Can the "grand bargain" be contracted? I suggest a "grand bargain" between sponsor and PM (with customer's needs in the frame) wherein for a fixed investment and usually a fixed time frame the PM is charged with delivering the best value possible.
Best value is defined as the maximum scope (feature/function/performance) possible that conforms to the customer's urgency/need/want as determined iteratively (somewhat on the fly). Thus requirements are allowed to be driven (dependent) by customer's direction of urgency/need/want and available cost and schedule (independent).
Where the customer doesn't usually get a vote is on the non-functional requirements, especially those required to maintain certifications (like SEI level or ISO), compliance to certain regulations (particularly in safety, or some finance (SOx)), or certain internal standards (engineering or architecture)
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