業務委託に関する契約３類型について考える ― 2012/04/07 22:22
PMBOKでは業務委託契約について３つのタイプに整理して説明しているが、それぞれについてのポイントを考えてみた。
【定額契約（一括請負契約）】
一般的な請負がこの類型に相当する。金額を固定にして業務の完成を請け負う性格上、契約を締結する時点で、最終的な完成の着地点が見えていないと非常に危険である。
もちろん、バッファーを多く乗せて、リスク管理に長ければ、着地点が不明瞭、作業内容及び範囲がはっきりしていない案件であっても、この方式で十分やれるのであるが、実際に仕事をやらされる人間は不幸になることが多い。
【実費償還契約】
これも業務の完成が完了の前提になるのであれば、請負ということになるだろう。
ただ、目標価格（稼働）がコミットメントを意味せず、超過すればその分請求し、減少すればその分割り引くという性質から、あまりITの世界では使われない（土木工事では使われる事例もあるらしい）。
発注者側から見れば最終的にいくら掛かるか見えない契約は結びたくないだろう。
減少した場合、アワード、インセンティブとして報奨する方法もあるが、やはり、そのような体制でやれるのは自社内部での案件とか、関連子会社との取引に限定され、全く独立した会社間の取引では使いづらいように思える。
【タイムアンドマテリアル契約(T&M)】
派遣、SES、コンサルタントなどがこの類型に相当する。法律行為の代理であれば委任、そうでない有償のものは準委任である。
派遣、SES、コンサルタント、それぞれ毛色も違えば、費用感も全く異なるが、共通していることは、稼働単価に対しての支払いであり、業務完成に対する支払いではないことである。
従って、最終的に物事を完成させる責任を負わせる事はできず、悪く言えばお手伝い、よく言っても助っ人ということになる。期間も長期間ではないスポットであり、それが故に多少割高なリストプライスであるのはしょうがない。
ただし、コンサルタントも人間なので、理不尽な顧客に無茶な要求を出された場合にはなるべく距離を置いて早めに離脱できるように、信頼できる顧客に対しては、最大限尽力したいと言う風に変わるようだ。
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