International Conference on Project Management 2024 1 Agile contracting as a mechanism to improve performance in business environments Gabriel Silva Atencio1; Cynthia López Valerio2 1. Universidad Latino Americana de Ciencia y Tecnología (ULACIT), San José, Costa Rica; gsilvaa468@ulacit.ed.cr; ORCID: https://orcid.org/0000-0002-4881-181X 2. Instituto Tecnológico de Costa Rica (TEC), Alajuela, Costa Rica; cylopez@itcr.ac.cr; ORCID: https://orcid.org/0000-0002-5632-339X Abstract: During the initial phase of the Industry 5.0 revolution, agile methodologies have become crucial in businesses, especially for projects aiming to establish a competitive edge in this new era. This research investigated whether implementing flexibility within contractual clauses enhances the performance of agile projects, particularly in the delivery of products, goods, and services. Employing a quantitative, exploratory, descriptive, and cross-sectional approach, the study surveyed a purposive sample of one hundred professionals with project management experience. Data analysis confirmed that flexibility and collaboration among project participants significantly contribute to meeting contract terms and conditions effectively. Furthermore, the findings underscore the importance of swiftly enhancing the knowledge, skills, and expertise of personnel in agile environments. The study advocates for external support to expedite the acquisition of contextual expertise, mitigate risks, and foster an innovation culture within organizations. Keywords: project management, agility, contractual flexibility, business innovation, continuous improvement. La contratación ágil como mecanismo para mejorar el rendimiento en los entornos empresariales Resumen: Durante la fase inicial de la revolución de la Industria 5.0, las metodologías ágiles se han vuelto cruciales en las empresas, especialmente para los proyectos que pretenden establecer una ventaja competitiva en esta nueva era. Esta investigación ha analizado si la aplicación de la flexibilidad en las cláusulas contractuales mejora el rendimiento de los proyectos ágiles, especialmente en la entrega de productos, bienes y servicios. Empleando un enfoque cuantitativo, exploratorio, descriptivo y transversal, el estudio encuestó a una muestra intencionada de cien profesionales con experiencia en gestión de proyectos. El análisis de los datos confirmó que la flexibilidad y la colaboración entre los participantes en los proyectos contribuyen significativamente a cumplir eficazmente las condiciones contractuales. Además, las conclusiones subrayan la importancia de mejorar rápidamente los conocimientos, las habilidades y la experiencia del personal en entornos ágiles. El estudio aboga por el apoyo externo para agilizar la adquisición de experiencia contextual, mitigar los riesgos y fomentar una cultura de la innovación en las organizaciones. Palabras clave: gestión de proyectos, agilidad, flexibilidad contractual, innovación empresarial, mejora continua. International Conference on Project Management 2024 2 Introduction In the digital era, technology has significantly altered our daily activities and the way we interact with the world. This transformation extends to how we develop products, goods, and services through projects. According to van Rooij [1], the term 'project management' has replaced 'project administration', emphasizing the efficiency of interacting processes and the critical role of resource management. Effective resource management ensures that projects adhere to predefined constraints of time, cost, and scope. Although procurement management encompasses equipment, supplies, materials, solutions, services, and labor, offering a comprehensive scope for organizations, project managers often lack sufficient authority to manage contracts due to the organizational hierarchy. This responsibility typically falls to roles experienced in the legal aspects of contract management. Companies usually define roles with the requisite authority to handle contracts, delineate their limits, and outline the procedures for managing terms and conditions per established rules. Contracts serve as formal mechanisms for agreements between involved parties [2]. Turner and Simister [3] note that while contracts have become a reliable and effective means to facilitate transactions, their implementation poses challenges, particularly in dynamic environments. Moreover, PMW [4], Tatikonda and Rosenthal [5], Mirza and Ehsan [6] in their reports, highlight that execution remains a major challenge. Frequent changes in the environment, driven by uncertainty, complicate the management and adherence to established contractual terms. However, Treadgold and Reynolds [7] argue that adopting an agile approach could satisfy project deliverables more effectively, as it allows for flexible task development among stakeholders, taking into account the established contractual constraints. Dal Mas, et al. [8], Thorup and Jensen [9], Franklin [10] suggest that contracts should foster communication between stakeholders to ensure obligations are met and focus on business value to enhance collaboration and performance. Implementing an agile contract within an organization presents significant challenges. Lindsjørn and Moustafa [11] found that agility in contracts requires flexibility in scope, necessitating trust with the client. Ekasari, Raharjo and Prasetyo [12] identified coordination, autonomous team management, team maturity disparities, and distributed teams as major challenges within agile contracts, all falling under collaboration and communication. Baxter, et al. [13] argue that an effective agile contract demands commitment and a unified team culture to adapt to environmental changes. Nuottila, Aaltonen and Kujala [14] noted the difficulty in adopting and effectively implementing agile principles, calling for a paradigm shift in organizations to embrace transparency, inspection, and adaptation. This study aims to contribute to the state of the art by examining whether agile contracts can enhance project deliverable performance through the flexibility of contractual conditions, thereby adding value to business objectives. Methodology This research employed a quantitative methodology to examine causal relationships within a specific population, thereby enabling hypothesis validation [15]. It combined exploratory and descriptive approaches to discern the primary characteristics that drive continuous improvement in the procurement processes of products, goods, and services, utilizing a flexible contracting model [16]. Additionally, a cross-sectional approach was implemented to observe the phenomenon's behavior at a particular moment in time [17]. A sample of 1,000 project management professionals was selected, comprising individuals in managerial roles across both public and private sectors in Costa Rica during 2023. These professionals were actively leading projects using agile methodologies at the time of the study. From this group, 100 professionals responded accurately and successfully to the survey. The sample size was determined using a finite population model, facilitated by access to an open database of expert professionals, provided by CERTIPROF, LLC, a certified and internationally recognized entity in this field. Data collection was conducted via a closed survey, distributed by email to maximize efficiency in terms of time, cost, and ease of response. The survey included a 5-point Likert International Conference on Project Management 2024 3 scale for responses, with some questions offering single or multiple-choice options to gather detailed data for the study and describe the sample accurately. Following data analysis, the research tested the proposed hypothesis, stated as follows: "The adoption of agile methodologies enhances the performance of deliverables in project contracts for products, goods, and services, through the influence of flexibility in the contractual clauses." The objective was to assess the degree of consensus among the surveyed experts. The hypothesis was evaluated using the correlation coefficient, a statistical measure that provides insights into the strength, degree, and direction of relationships between variables. In this case, a positive correlation indicates that two variables change in the same direction, with the coefficient ranging from 0 to 1, where 1 signifies the strongest possible association [18-20]. Results After reviewing the state of the art through the literature, the review and analysis of the results began. Figure 1 shows descriptive information on the distribution of the participant's experience in the field of agility. Figure 1. Distribution of experience in the field of participant agility Source: Own elaboration. As illustrated in Figure 1, the distribution of experience among the interviewees in agile project management is as follows: 48% possess over five years of experience, 31% have between two to five years, and 21% have less than two years. This diversity in experience levels indicates that the sample adequately represents the knowledge and expertise relevant to the phenomenon being studied. Terzieva [21] highlights the importance of knowledge management in project environments, emphasizing that the practice of learning from both failures and successes plays a crucial role in capturing, sharing, and preserving knowledge over time. As depicted in Figure 2, the data reveal the interviewees' perceptions of their capabilities and experiences in managing contracts under an agile approach throughout their careers. Figure 2. Respondents' knowledge and experience in contract management in agile environments Source: Own elaboration. As depicted in Figure 2, a significant 81% of the interviewees confirm that they possess prior experience in managing contracts for projects using an agile approach. Gregory, et al. [22] delve into the complexities and challenges that practitioners face, such as understanding cultural shifts or evaluating the value of agility, governance, and contractual aspects—areas that remain under-researched. Thus, practitioners' expert judgment becomes crucial. 48% 31% 21% More than 5 years Between 2 to 5 years Less than 2 years 81% 19% Yes No International Conference on Project Management 2024 4 Below, Figure 3 illustrates respondents' views on how agility contributes to enhancing the performance of the terms and conditions in contracts for products, goods, and services. Worley, Williams and Lawler III [23] pinpoint several factors that improve contract performance in an agile setting, including 1) Adaptability, 2) Flexibility, 3) Continuous Learning, 4) Speed, 5) Teamwork, and 6) Customer Focus. Figure 3. Perception of the contribution of agility as a mechanism for improving contract performance Source: Own elaboration. Figure 3 presents the respondents' perceptions on the effectiveness of agile methods in contract management, with the majority agreeing or strongly agreeing on several key aspects: 1) Adaptability: 72% of respondents report that agility enhances contract adaptability. 2) Flexibility: 82% believe that increased flexibility improves result delivery. 3) Continuous Learning: 84% acknowledge that continuous learning fosters improvements in contract management. 4) Speed: 87% confirm that agility accelerates delivery times. 5) Teamwork: 81% recognize that agile methods facilitate and enhance operational efficiency. 6) Customer Focus: 87% note that these methods increase visibility and transparency regarding customer requirements. Collectively, these responses underscore the consensus that agile methodologies significantly enhance contract performance. Algarni [18], Linders [24], Ng and Navaretnam [25] concur that agile methods equip project teams with additional skills, capabilities, and tools essential for efficient contract management and ensuring the fulfillment of project objectives with anticipated value. Furthermore, the research measured the degree of consensus among the experts via the correlation coefficient to test the proposed hypothesis. Alzina [26] explains that correlation provides insights into the intensity, direction, and degree of relationship between variables. In this context, a positive correlation occurs when two variables change in the same direction; the strength of this relationship is indicated by a coefficient ranging from 0 to 1, with 1 denoting the strongest relationship. This analysis is characterized as non-parametric, suitable for testing hypotheses concerning quantitative data populations, particularly when the distribution is uncertain. The study utilized Spearman's rank correlation to assess the relationship between two variables. According to Kendall and Smith [27], this coefficient evaluates the degree of correlation across multiple variables. Table 1 encapsulates the most significant correlations, both negative and positive. Following Alzina [26] classification, these range from negligible to low. For analytical purposes, the research primarily focused on positive correlations, reflecting the core interests of the study and highlighting the significant relationships between dependent and independent variables. Table 1. Results of Spearman's correlations independent variables Dependent Variable Hypothesis Testing Model Independent Variables Spearman's Degree of influence of the flexibility factor on the conditions established in the contract Question The use of agile methods allows for improving the performance of Correlation Coefficient (Bilateral) Sig. 0.72 15% 16% 15% 13% 18% 22%21% 25% 30% 21% 27% 24% 36% 40% 39% 46% 42% 40% 22% 13% 15% 15% 9% 12% 6% 4% 1% 4% 4% 1% 0% 10% 20% 30% 40% 50% Adaptability Flexibility Continuous learning Speed Teamwork Customer focus Fully Agree Strongly Agree Agree Slightly Agree Disagree International Conference on Project Management 2024 5 deliverables in a project contract for products, goods, and services. Sig. 0.3 N 100 Source: Own elaboration. In analyzing the dependent variable, the positive associations with the independent variables were interpreted. The p-values associated with the null hypothesis's test statistic were 0.6 and 0.8, respectively, indicating a significant correlation between the variables. Consequently, the hypothesis suggesting a strong interrelation can be confidently accepted. The hypothesis testing corroborates the findings, demonstrating that implementing an agile approach— particularly through enhancing flexibility—can significantly improve contract performance. Gupta, Agrawal and Ryan [28] further assert that managing a project with an agile approach not only boosts performance but also fosters continuous improvement. This approach encourages the project and the organization as a whole to consistently deliver value by incentivizing ongoing enhancements. Conclusions The study confirmed a positive impact of agility on the performance of contract terms and conditions throughout their lifecycle, establishing a causal relationship between agility and contract performance in the creation of products, goods, and services. This influence adds significant value to the organization. The data revealed that respondents view flexibility and collaboration among project participants positively, which in turn positively affects the predefined objectives. Participants concurred that agile methods equip project teams with additional skills, abilities, and tools for effective contract management, aiding in achieving set goals and objectives. There exists a strong correlation between the expertise of agile project professionals and their understanding of agile contracts and their outcomes. Furthermore, from the perspective of the users, traditional project contract management has evolved into a process that is both more agile and efficient. It is essential to expedite user experiences in agile environments, enhancing their knowledge to effectively transform project contracting processes into overall management catalysts. The practical implications of these findings advocate for a shift towards embracing business agility in the digital era, positioning it as a guide to ensure the success of individuals, companies, and society at large. The results offer a strategic roadmap for stakeholders to foster information-driven decision-making in an uncertain environment. From a theoretical perspective, the implications encourage academic research to further explore the relationship between process and procedure in business agility and the resilient role of stakeholders in the digital age. This ensures a diverse future research trajectory as the subject is contemporary, extensive, and multifaceted. References [1] S. W. van Rooij, "Scaffolding project-based learning with the project management body of knowledge (PMBOK®)," Computers & Education, vol. 52, no. 1, pp. 210-219, 2009, doi: https://doi.org/10.1016/j.compedu.2008.07.012. [2] P. Fitsilis, "Comparing PMBOK and Agile Project Management software development processes," Dordrecht, 2008: Springer Netherlands, in Advances in Computer and Information Sciences and Engineering, pp. 378-383, doi: https://doi.org/10.1007/978-1-4020-8741-7_68. [3] J. R. Turner and S. J. Simister, "Project contract management and a theory of organization," International journal of project management, vol. 19, no. 8, pp. 457-464, 2001, doi: https://doi.org/10.1016/S0263-7863(01)00051-5. [4] PMW, "Project Failure Statistics: The Shocking Truth," ed. https://www.projectmanagementworks.co.uk/project- failure-statistics/: Project Management Wors, 2021. International Conference on Project Management 2024 6 [5] M. V. Tatikonda and S. R. Rosenthal, "Technology novelty, project complexity, and product development project execution success: a deeper look at task uncertainty in product innovation," IEEE Transactions on engineering management, vol. 47, no. 1, pp. 74-87, 2000, doi: https://doi.org/10.1109/17.820727. [6] E. Mirza and N. Ehsan, "Quantification of project execution complexity and its effect on performance of infrastructure development projects," Engineering management journal, vol. 29, no. 2, pp. 108-123, 2017, doi: https://doi.org/10.1080/10429247.2017.1309632. [7] A. Treadgold and J. Reynolds, Navigating the new retail landscape: A guide for business leaders. https://books.google.co.cr/books?hl=en&lr=&id=e- MJEAAAQBAJ&oi=fnd&pg=PP1&dq=Embracing+Innovation:+A+Guide+to+Navigating+the+Changing+Business+Landsc ape&ots=2Jk62sFORz&sig=B2ei6kgLu8rZYqmvUgWKTV- gtYg&redir_esc=y#v=onepage&q=Embracing%20Innovation%3A%20A%20Guide%20to%20Navigating%20the%20Changing %20Business%20Landscape&f=false: Oxford university press, 2020. [8] F. Dal Mas, G. Dicuonzo, M. Massaro, and V. Dell'Atti, "Smart contracts to enable sustainable business models. A case study," Management Decision, vol. 58, no. 8, pp. 1601-1619, 2020, doi: https://doi.org/10.1108/MD-09-2019-1266. [9] L. Thorup and B. Jensen, "Collaborative agile contracts," in 2009 Agile Conference, 2009: IEEE, pp. 195-200, doi: https://doi.org/10.1109/AGILE.2009.19. [10] T. Franklin, "Adventures in agile contracting: Evolving from time and materials to fixed price, fixed scope contracts," in Agile 2008 conference, 2008: IEEE, pp. 269-273, doi: https://doi.org/10.1109/Agile.2008.88. [11] Y. Lindsjørn and R. Moustafa, "Challenges with lack of trust in agile projects with autonomous teams and fixed-priced contracts," in Proceedings of the 19th International Conference on Agile Software Development: Companion, 2018, pp. 1-5, doi: https://doi.org/10.1145/3234152.3234186. [12] D. S. Ekasari, T. Raharjo, and A. Prasetyo, "Challenges and Solution Recommendation in Large-Scale Agile Implementation: A Systematic Literature Review," in 2021 International Conference on Informatics, Multimedia, Cyber and Information System (ICIMCIS, 28-29 Oct. 2021 2021, pp. 175-180, doi: https://doi.org/10.1109/ICIMCIS53775.2021.9699312. [13] D. Baxter, N. Dacre, H. Dong, and S. Ceylan, "Institutional challenges in agile adoption: Evidence from a public sector IT project," Government Information Quarterly, vol. 40, no. 4, p. 101858, 2023/10/01/ 2023, doi: https://doi.org/10.1016/j.giq.2023.101858. [14] J. Nuottila, K. Aaltonen, and J. Kujala, "Challenges of adopting agile methods in a public organization," International Journal of Information Systems and Project Management, vol. 4, no. 3, pp. 65-85, 02/02 2022, doi: https://doi.org/10.12821/ijispm040304. [15] J. Creswell and C. Poth, Qualitative inquiry and research design: Choosing among five approaches. https://books.google.co.cr/books?hl=en&lr=&id=DLbBDQAAQBAJ&oi=fnd&pg=PP1&dq=Qualitative+inquiry+and+resea rch+design:+Choosing+among+five+approaches&ots=-hw357HWTu&sig=jwNliUB8h-we2ydoO1g- bRh3KqQ&redir_esc=y#v=onepage&q=Qualitative%20inquiry%20and%20research%20design%3A%20Choosing%20among %20five%20approaches&f=false: SAGE Publications, 2018. [16] D. A. Grimes and K. F. Schulz, "Descriptive studies: what they can and cannot do," The Lancet, vol. 359, no. 9301, pp. 145-149, 2002, doi: https://doi.org/10.1016/S0140-6736(02)07373-7. [17] K. A. Levin, "Study design III: Cross-sectional studies," Evidence-Based Dentistry, vol. 7, no. 1, pp. 24-25, 2006/03/01 2006, doi: https://doi.org/10.1038/sj.ebd.6400375. [18] M. A. Algarni, "Contract Lifecycle Management: Processes and Benefits. Innovative and Agile Contracting for Digital Transformation and Industry 4.0," ICI Global, pp. 62-85, 2021, doi: https://doi.org/10.4018/978-1-7998-4501-0.ch004. International Conference on Project Management 2024 7 [19] F. Matos, V. Vairinhos, P. M. Selig, and L. Edvinsson, "Intellectual capital management as a driver of sustainability," Perspectives for Organizations and Society, Springer International Publishing, Cham and Berlin, 2019, doi: https://doi.org/10.1007/978-3-319-79051-0. [20] N. Sergeeva and S. Ali, "The role of the Project Management Office (PMO) in stimulating innovation in Projects initiated by Owner and Operator Organizations," Project Management Journal, vol. 51, no. 4, pp. 440-451, 2020, doi: https://doi.org/10.1177/8756972820919215. [21] M. Terzieva, "Project knowledge management: How organizations learn from experience," Procedia Technology, vol. 16, pp. 1086-1095, 2014, doi: https://doi.org/10.1016/j.protcy.2014.10.123. [22] P. Gregory, L. Barroca, H. Sharp, A. Deshpande, and K. Taylor, "The challenges that challenge: Engaging with agile practitioners’ concerns," Information and Software Technology, vol. 77, pp. 92-104, 2016, doi: https://doi.org/10.1016/j.infsof.2016.04.006. [23] C. G. Worley, T. D. Williams, and E. E. Lawler III, The agility factor: Building adaptable organizations for superior performance. https://books.google.co.cr/books?hl=es&lr=&id=BVrwAwAAQBAJ&oi=fnd&pg=PP1&dq=factor+to+improve+performan ce+throught+agility+flexibility&ots=60GVNtIt- 6&sig=xiXwsgPUoeui07T2cwdbZROmXn0&redir_esc=y#v=onepage&q=factor%20to%20improve%20performance%20thr ought%20agility%20flexibility&f=false: John Wiley & Sons, 2014. [24] B. Linders, "Value vs. time: An agile contract model," vol. 2023, ed. https://www.infoq.com/news/2020/11/agile- contract-model/: Infoq, 2020. [25] J. J. Ng and S. S. Navaretnam, "Contract management: being agile," IEEE Engineering Management Review, vol. 47, no. 3, pp. 33-35, 2019, doi: https://doi.org/10.1109/EMR.2019.2927665. [26] R. B. Alzina, "Metodología de la investigación educativa," vol. 1, 2004. [Online]. Available: https://books.google.co.cr/books?hl=en&lr=&id=VSb4_cVukkcC&oi=fnd&pg=PA3&dq=alzina+Metodolog%C3%ADa+de+l a+investigaci%C3%B3n+educativa&ots=PwyyRljwDQ&sig=fWHLdhnNKN1rMLH08ORdPVwlTEg&redir_esc=y#v=onepage &q=alzina%20Metodolog%C3%ADa%20de%20la%20investigaci%C3%B3n%20educativa&f=false. [27] M. G. Kendall and B. B. Smith, "The problem of m rankings," The annals of mathematical statistics, vol. 10, no. 3, pp. 275-287, 1939. [Online]. Available: https://www.jstor.org/stable/2235668. [28] S. Gupta, A. Agrawal, and J. K. Ryan, "Agile contracting: Managing incentives under uncertain needs," Production and Operations Management, vol. 32, no. 3, pp. 972-988, 2023, doi: https://doi.org/10.1111/poms.13909.