For this type of contract what you are really defining is a defined
capacity or service level. In the contract you would specify
absolutes:
1. Time - typically iteration length and # of iterations
2. Quality - anticipated level of quality (typically measured with
each iteration or release level delivery)
3. Price - terms and conditions of payment, billing terms and the
trigger for payment (acceptance by the client of each iteration or
perhaps at the release level with monthly progress payments).
There is likely some statement of general scope or reference to
whatever set of system requirements exist but you would typically
include language in the contract stipulating that the client will
evaluate and set scope on an iteration by iteration or perhaps release
by release basis (or on some other recurring frequency).
At the end of the day what the client is really buying is the capacity
of a specific team (defined # of people/roles) and some mechanism to
redress their concerns if the team does not perform to the client's
expectations (typically a convenient way to quickly cancel the
contract). In many ways it is very similar to a time and materials
contract but you are explicitly defining a $$$ amount for a team and
iteration/release which gives the client cost predictability but
provides the flexibility desired.
Brian Carter
Sapient Corporation
--- In [EMAIL PROTECTED], Ron Jeffries
<[EMAIL PROTECTED]> wrote:
> On Sunday, December 26, 2004, at 1:42:54 PM, Gary Feldman wrote:
>
> > I don't think "optional" is a word that lawyers feel comfortable
> > with for contracts, at least not by itself. What are you trying to
> > accomplish that couldn't be accomplished by merely leaving out the
> > optional parts entirely, and then doing a separate contract when
> > they cease being optional?
>
> I believe that of an optional (or might one say variable)
> scope contract is to permit a range of change as a part of everyday
> activities. While I'm sure the lawyers would love to be called in on
> every proposed change to the program, I'm not sure that would be a
> good thing.
>
> An early article by Kent Beck and Dave Cleal is on my site at
> http://www.xprogramming.com/ftp/Optional+scope+contracts.pdf .
>
> Ron Jeffries
> www.XProgramming.com
> Reason is and ought only to be the slave of the passions. -- David
Hume
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