Post image for Back to Basics: How to Write a Statement of Work

Writing a Statement of Work (SOW) is one of the most important things that an agency does. Frequently it is the first deliverable that a client sees. It is crucial that your SOW is telling the client a story. It starts with the “why”, then moves to the “how” and “what”, followed by the “when”, and “how much”. Everything should be cohesive with a flow so that it is easy to follow. Don’t treat the SOW as a “form” that you simply fill in the blanks. This article explains what is contained with a SOW, and provides a SOW template that you can download and use.

Contrary to what many people believe, the Statement of Work (SOW) is not a sales tool. It should only be given to clients after you have their agreement as to the scope, schedule, key assumptions and price. Many people believe that the SOW is where you first present this information. WRONG! The SOW is a legal contract used to document the agreement only after the business terms have been agreed. This preliminary agreement can be verbal. This means that if there are price issues (and there always are!), have those negotiations before the SOW is presented. Yes, you could ignore this advice and use the SOW to negotiate the contract but doing so will always take more time.

As input to the SOW, it is important to have:

  • Timeline developed either in Microsoft Project, Excel or a similar program
  • Client verbal as to the scope, schedule, key assumptions and price

All SOWs contain the following sections:

  • Objectives
  • Scope
  • Schedule
  • Price
  • Key assumptions
  • Acceptance

Each section is explained in detail below.

Objectives
Defines the “why”. The objective section states the marketing or business objectives of the project, and a high-level overview of the solution. This ensures that we have clarity as to why we are performing this work, and begins to weave the story.

Scope including inline assumptions and deliverables
Defines the “how” and “what” of the story. The scope section defines the work that is being done, and the process for how it will be performed. This is your task list and it should be written in process form so that it flows as following:

  • Kick off the project
  • Develop Creative Brief and present it to client for review and approval
  • Develop up to three creative concepts

Assumptions are the most important part of any SOW and any assumptions that you made when scoping and estimating the project should be included here. The assumptions should be included inline with the tasks. It is also important to state exactly what deliverables are being produced, including the details that accurately describe each deliverable including the description, size (either expressed as approximate number of pages or number of designs, and should be expressed using the terms “up to” so that if you produce less, that you are still fulfilling the contract).

Many people include tasks within the list of deliverables. This is incorrect. Deliverables are just that…they are items that you hand off to the client for their review and approval. For example, the “Creative Brief” is a deliverable, however “Presenting the Creative Brief” is not a deliverable because it is a task. One litmus test to verify if something is a deliverable or not is “can it be emailed?” Also, never make status reports deliverables as you do not want to be in a position where you are asking the client to review and approve every single status report (I’m not saying that status reports are not important because they are crucial. They are just not a deliverable.)

Do not give the client options or alternatives in the scope. All of the decisions should have been made by now. The SOW should be written as a definitive statement.

Schedule
Defines the “when”. The schedule section provides a detailed schedule. Minimally it should include all of the client and client’s partner touch points. The format is less important as you can either develop this as a table in Microsoft Word, or you can get-and-paste images directly from Microsoft Project into the SOW document. The data should include the task and end date. Task start dates are optional.

Price
Defines the “how much” of the story. The pricing section needs to include the price including both time of staff and outside expenses. It should also discuss the pricing assumptions such as is this fixed fee or time and materials, how outside expenses are handled, payment terms including a payment schedule, and if payments are based on a milestone/deliverable or a schedule (if you are an agency, you generally want date-based, if you are a client, you want milestone/deliverable-based).

Key assumptions
Assumptions that are not related to the scope are included here. Any scope-related assumptions should have been already included in the scope section. Do not repeat assumptions as this will lead to errors. Instead use this section to document any general assumptions that are not stated elsewhere. Also if you do not have a Master Services Agreement (MSA) or Professional Services Agreement (PSA) executed with the client, you can use this space to document the key MSA/PSA terms.

Acceptance
The acceptance section contains the client signature and the signature from the agency’s key executives overseeing the project. You should not start the project without having client signature. Doing so is asking for trouble so if you have any exceptions, you want to be sure that the agency management team agrees to doing so since they are accepting significant risk by starting without having signature. Also when you are audited, the auditors will look to ensure that all signatures are obtained (including the internal agency signatures).

Other Important Considerations
The SOW should not reference any external documents as its basis. All materials should be built into the SOW. For example, don’t refer or link out to a separate schedule, instead put the schedule directly into the SOW. The reason is that since this is a legal contract, it makes it much more difficult to refer to outside documents.

Make sure that the SOW is proofread carefully from different perspectives. First it should tell a story. Second, make sure that the solution is actually solving the client’s problem. Third, be sure that you are not overcommitting the agency. Make sure that you can deliver on the price. Finally, make sure that all the “T”s are crossed and the “I”s are dotted.

SOW Template

Here is the SOW template that you can download and reuse. This document is provided on an “as is” basis.

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Post image for Pricing Methodologies 101: Pricing projects profitably

Is it best to price that new project on a Fixed Fee or a Time and Materials basis? Perhaps we should structure it on a Cost Plus basis, a Revenue Sharing model, or maybe Commission based? What are the advantages of each to an agency? From a client perspective, what are the pros and cons of each?

There are many factors in determining which pricing methodology to use such as client preferences, agency preferences, campaign objectives, and scope details. This article describes each methodology, focusing on the pros and cons from both the client and agency point of views.

Fixed Fee
Client pays a flat rate that is agreed to in-advance based on a pre-determined scope.  This is also known as Flat Rate pricing. The price is based solely on the budgeted cost. The client pays the same amount, regardless of how much work it took the agency to complete the project.

Client POV (point of view): The upside of a fixed fee contract is that the costs are locked in and cannot change without client approval. Also scope (that is, the work) that they are getting in-return is locked. The downside is that if the agreed scope changes, then the client can expect a Change Order for additional monies.

Agency POV: The upside of a fixed fee arrangement is that if the agency can bring in the project under-budget, then the underage amount is added to the agency’s profitability.  However the downside is that if the project goes over budget, then the overage goes against the agency’s profitability (possibly resulting in a loss). It is crucial that the project is priced correctly, preferably using bottom-up pricing and from looking at historicals.  The Statement of Work needs to have enough details to protect the agency if the scope changes; it is important to include both what is and what is not included. Thus the agency is responsible for the monetary risk.

Time and Materials (T&M)
Client pays based on the actual time spent, usually based on an hourly, daily or weekly rate card. For example, if the agency works 10 hours, then the client pays them 10 hours. If they work 50 hours, then the client pays them for 50 hours, and so forth.

Client POV: Open-ended Time and Materials contracts are quite risky to clients since there are no caps to the costs. To control this, it is important to include “do not exceed” caps, either on a project or monthly-basis. With a T&M structure, the clients should request weekly cost management reports that provide the estimated variance at compliance. This numbers tells if the project is projected to come in under- or over-budget, and is equal to the estimate at completion (which is equal to the actual costs incurred to-date plus the estimated to completion costs) compared against the budget at completion.

Agency POV: For close-ended T&M projects, it is important that the “do not exceed” number is not too low, otherwise it becomes a losing proposition for the agency since with a Fixed Fee with a cap contract, the agency carries all of the risk but they have no upside.

For T&M contracts, the rate card can be a source of many issues. The rate card needs to be developed from a cost-plus basis so that it reflects your resource costs (including benefits) + overhead + profit. There are many types of rate cards. The rate card may be role-based (each role, e.g., Art Director, has a specific rate), tiered (roles are bundled into groups by seniority, e.g., directors, and each group has a specific rate) or blended rates (a single flat rate that is applied to all resources, regardless of cost).  The rate card needs to be updated every year based on your real costs, or it can quickly become out-of-date. This can become a problem for legacy, multi-year clients who want to control (and frequently lower) their costs. It is recommended that you build into long-term contracts a clause that allows you to update your rate card based on certain parameters. Otherwise you will find yourself locked into rates from 1998.

Cost Plus
For cost plus projects, the fee is based your expected costs for the specific assigned resources. The cost is derived from taking the resource costs (the actual salaries) of your team + overhead + profit. Cost Plus pricing is usually based on a Fixed Fee but it can be structured into as a Time or Materials contract.

Client POV: cost plus fees can be complex as there is no defined public rate card. The client should ensure that the agency is not pricing the project using senior resources (and senior rates) and swapping in junior staff without adjusting the rate card. This is solved by obtaining a list of specific resources assigned to the project, so that the agency cannot easily swap out resources later on with more junior staff.

Agency POV: The cost plus relationship removes much of the rate card risk from pricing projects since the fees are based on the actual resource costs. As a comparison, T&M rate cards are based on an approximated resource cost since salaries are not the same across each title (e.g., even though Art Directors all share the same title, they are paid different salaries). The downside is that the cost plus rate card requires a much greater level of security and it needs to be kept confidential since the rate card can be used to calculate actual salaries. This makes tracking actual costs more difficult. It is also important to develop a cohesive strategy for how your organization will determine cost plus pricing so that there is consistency. For example, you need to ensure that you have standard overhead percentages and that your profitability targets deals with variables such as using full time versus freelance staff.

Revenue Sharing
The Revenue Sharing model is that the agency is paid based on the brand’s actual revenue. While it may seem simpler, it is actually much more difficult to implement.

Client POV: the client needs to ensure that the agency is working across all of the client’s brands as driven by the client, and not just the most profitability ones. Also the contract terms should be structured so that the agency is compensated based on campaign results, and not just the brand’s pulling power especially since a well-known brand will generate a certain amount of revenue, regardless of any campaigns that are in-market.

Agency POV: Sales can take a hit for a number of reasons, regardless of how effective a campaign is, which can have severe revenue impacts. For example, there could be a recession that kills the economy, production issues that limit inventory and subsequently sales, recalls, and bad press (e.g., Toyota’s pedal acceleration issues from November 2009 – July 2010). Also agencies will tend to avoid unproven mediums or those where the ROI is hard to measure. This can limit the brand’s exposure to newer forms of advertising such as Mobile, Facebook and Twitter.

Commission Based (Percentage of Ad Spend)
The percentage of ad spend pricing is a commission model where the agency is compensated based on the total ad spend. The range varies slightly, typically from 12-15%.

Client POV: Commission based pricing controls costs and is very similar to the fix fee structure. The downside is that the client needs to ensure that the campaigns are effective as it can be too easy for the agencies to minimize their spend and under-deliver. The agency may not put their “A” team on your campaign. This is because the agency fees are limited, which means that budgets are constrained, as opposed to a bottom-up costing approach where you develop costs based on expected work. Commission based pricing does not work with newer forms of advertising where the ad spend is very small (or non-existent) but the cost to develop and maintain the campaign can be expensive (e.g., Facebook applications).

Agency POV: since the fees are capped, it can be difficult meeting the campaign objectives within the price range. This works best for the “bread and butter” accounts that are not pushing the creative edge. The agency will also look for ways to be as economical as possible. It may mean developing fewer concepts, or re-using executions from previous campaigns.

What about retainers?
Retainers are the holy-grail for agencies. Most agencies strive for long-term retainers where the revenue is projectable over a long period (the longer, the better). This is the dream of any COO. Retainers bring financial stability and everything that comes with that including greater independence from holding companies, ability to hire, ability to free up money for training, parties and perks, ability to win awards, and ability to attract the best people and other clients.

The opposite of a retainer are small, stand-alone projects, each of which has to be pitched and won. This can be expensive, time consuming, and is hard to predict.

To clients, the main benefit that retainers provide is preferential pricing and consistent staffing on their accounts.

When structuring the retainer, it needs to include provisions for how to reconcile hours, the frequency of reconciliations, and if there are underages or overages, how will those be dealt with (e.g., do you rollover underages and can be overages be billed?).

All of the pricing methodologies mentioned earlier can be structured under a retainer.

Feedback?
Would love to hear about what works and more importantly, what does not work for you.

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Selecting and managing off-shore vendors

by Barry July 14, 2010
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It can be difficult selecting the proper vendor for your needs as most vendors have the same sales pitch and follow the same delivery model. Look for the vendors that truly understand what it takes to deliver quality projects.

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Building your management team

by Barry June 7, 2010
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In determining the structure, take into consideration what the CEO does well and what they don’t do well. For example, the CEO may excel at sales and marketing but may not lack in the ability to execute. In this case, it is important to partner the CEO with a COO who can manage execution across the organization.

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How to write emails so people stop ignoring you

by Barry May 28, 2010
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The most important consideration is to ask yourself before sending any email is “can this email be avoided?” We need to break the addiction from email. I’m not saying that we should not use email, but do you really need to send an email to the designer/writer/account director/your boss who sits 20 feet from you?

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Clear those red flags when pitching

by Barry April 15, 2010
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One of the necessary evils of our business is pitching new work. Unless you have figured out how to have infinite resources and infinite time, it is essential to qualify all leads before you assign a pitch team. You don’t want to spend your agencies resources on opportunities that you are unlikely to win and the revenue potential is small.

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Explaining the role of operations

by Barry April 7, 2010
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The operations group, led by a COO, is responsible for running the day-to-day operations, maintaining profitability targets, ensuring consistency, and being a key part of the senior management team. The COO interacts extensively with the CEO providing leadership and direction for all business activities. In short, the COO is responsible for getting things done. For the execution of all things.

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Bring that entrepreneur spirit

by Barry March 29, 2010
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Acting like an entrepreneur means that you are committed, that putting in the minimum is not good enough, and that you can be trusted to do what say that you’re going to do. You treat every project as if your personal success depends on the project succeeding.

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Guide for working with freelancers

by Barry March 22, 2010
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The key to a successful relationship with freelancers begins with having good open and direct conversations, getting agreements in-writing, and putting in the time to maintain and grow the relationship. Doing so will pay dividends.

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Ten Ways to Screw up a Project

by Barry March 14, 2010
Danger sign

First, the best time to screw up a project is right in the beginning. Might as well start screwing up during the pitch. Or if that’s not possible, there are plenty of opportunities during planning and concepting. This means that you can screw up early and then relax.

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