Legal / Contract

Improve contract compliance by thinking like sales...not procurement

Kelly_Barner.pngBy Kelly (McCarthy) Barner

Call us crazy but we reckon Procurement would be better off looking at the Contract Management process the same way sales does...

If you're anything like me as a procurement practitioner, you think of our end-to-end process in a linear fashion. It usually starts with spend analysis or some other source of information (budget, ERP, BI system output, etc.) and ends with Contract Management and/or Supplier Performance Management. For us, this is completely logical because the sub-processes that we view as the most "active" portions of procurement - strategic sourcing and negotiation - have been dealt with at this point.

In Contract Management and Supplier Performance there is something of a phased handoff back to the budget owners. After all, the spend we bring under management is rarely associated with a procurement need; we are often just temporary custodians of someone else's spend.

What can SPEED do to improve your negotiations?

By Lucy Patchett

A negotiation model has been developed encompassing steps to ensure that procurement professionals think "more broadly and deeply" about the process.

Colin_Linton_100.jpgColin Linton, Director at business training and consultancy firm Gidea Solutions, spoke to CIPS in the podcast SPEED Negotiation Process about the model that he has developed through his research into contract management.

Linton identifies a negotiation model he has called SPEED, based on the stages Strategy, Planning, Execution, Evaluation and Delivery.

He notes: "It's easy to assume that negotiating the contract falls broadly into three distinctions: before, during and after the negotiation is concluded. However, the risk of only looking at these three separate stages is that you may miss out on key steps that could help with preparation and enhance chances of reaching a better conclusion".

Managing Supply chain cyber risks

VenishaNayagar_100.jpgWhen companies think about security, it is usually about securing their networks, software and digital assets against cyber-attacks and/or data breaches. But, in supply chain - whether it is a vendor used for facilities management or for cloud hosting - almost every organisation depends on a growing supply chain of services, creating an eco-system of dependency. As this eco-system grows to include fourth- and fifth-parties, it becomes more vulnerable to security risks. Recent major cyber-attacks were as a result of third-parties being compromised.

In this month's SmartProcurement, Venisha Nayagar, Director at Crypt IT Information Risk Management, takes a look at supply chain data risks.

Opinion survey: are you tired of receiving sub-standard proposals and tender responses?

Survey_110.jpgHave your say to help suppliers improve.

Recent international research shows that:

• Buyers are increasingly frustrated by the quality of proposals that they receive
• Early engagement between buyers and potential suppliers is becoming increasingly important
• The proposal document is becoming more crucial in the evaluation process

Do you agree with these statements?

Procurement in a pandemic: top tips for tricky issues

AmyRyburn_LisetteHood_200.pngBy Amy Ryburn and Lisette Hood, from commercial and public law firm Buddle Findlay

Procuring organisations (buyers) are currently grappling with a number of tricky issues arising from the COVID-19 pandemic, including issues relating to both live and planned procurement processes.

Buyers who are facing significant uncertainty, or who are without the resources to effectively staff procurement processes at this time, are faced with difficult decisions, such as whether to continue with live procurement processes or whether to commence new ones; what to do if procurement processes are cancelled or delayed; and whether and how to address the influence of COVID-19 on tender documentation (in relation to the tender process itself and the contract that is released - in particular any proposed force majeure clauses).

SMME Clinic | Financial compliance for small business is the key to support - Session 21

SMME Clinic interviews Annie McWalter, Managing Director of SAICA ED and the Hope Factory, who shares great insight into how the COVID pandemic has shown the importance of compliance for SMMEs.

Rules vs. discretion in public procurement

EricaBosio_90.jpgBy Erica Bosio, Programme Manager: Growth Analytics, Development Economics Vice Presidency, World Bank

The trade-off between rules and discretion has been a central topic of research in public procurement. Kelman's (1990) early work stressed the costs of rigid regulation in United States government procurement and made the case for discretion. Since then, research on the benefits of discretion has progressed rapidly in Europe. New research confirms that politicians do not trust the bureaucracy, even in countries with high human capital and efficient institutions.

My new paper (joint with Simeon Djankov at the London School of Economics and Professors Ed Glaeser and Andrei Shleifer at Harvard) adds to these studies with a broader geographic and theoretical focus. We cover 187 countries and the complete path of the procurement process.

The theory delivers a basic prediction: that procurement regulation is more valuable when the incentives of the bureaucrats are not closely aligned with support for social welfare. Properly motivated bureaucrats require fewer rules. Countries with weak bureaucracies need strict laws to regulate them; countries with strong bureaucracies can allow the regulator more discretion.

Face protection masks could inject at least US$1.5-billion annually into the African economy

DouglasBoateng_100.jpgOn 27 June 2020, MarketWatch reported that the global disposable face mask market size was anticipated to reach US$23.81-billion by 2027.

On 30 June, Goldman Sachs released an extensive economic analysis of why the wearing of a face mask is a must. By studying the link between coronavirus infections and mask mandates in US states and overseas, the reputable global investment bank estimated a national directive could cut the daily growth rate of confirmed cases by one percentage point to just 0.6%.

According to the bank, the reduction could prevent the need for lockdowns that could wipe 5% off of US gross domestic product (GDP). The implications of not wearing a mask and the associated health and socio-economic consequences are no different in emerging and developing economies. The coronavirus (SARS-CoV-2) and associated COVID-19 pandemic has, however, resulted in the emergence of a face protection mask (FPM) industry.

In Africa, this rapidly-evolving sector could contribute approximately US$1.5-billion annually to the continent's economy. This is according to supply chain and industrialisation expert, Prof Douglas Boateng.

Which region regulates procurement the most?

Regulating_procurement_100.jpgBy Marko Grujicic, Analyst, Growth Analytics;
Joseph Lemoine, Analyst - Growth Analytics, Development Economics Vice Presidency; and
Greta Polo, Private Sector Development Analyst, World Bank

It might be assumed that public procurement is most heavily regulated in high-income countries, given that they have greater public sector capacity, more efficient institutions and longer traditions of regulation. This assumption is further supported by the fact that weaker institutions, informality and business activities outside of the scope of law are prevalent among low- and middle-income countries.

However, an analysis by the World Bank shows that this assumption is not true: high-income countries regulate public procurement less than low- and middle-income countries do.

Is COVID-19 a force majeure event?

Tanya_Waksman_100.pngBy Tanya Waksman

Does coronavirus (COVID-19) have any effect on the rights and/or obligations of parties in contractual relationships under South African law? Tanya Waksman, of legal advisory firm, Eversheds Sutherland, considers this question in this month's SmartProcurement.

Supply chain management toolkit among the support measures launched by SAPICS

COVID-19_125.jpegTo support supply chain professionals and to ensure that they have the resources they need to maintain supply chains during the coronavirus crisis, supply chain management professional body SAPICS has launched a number of special support initiatives to aid the profession. This includes a supply chain management toolkit, helpline and collaboration platform.

Why standard contract terms can be bad for you

KateVitasek_100.jpgBy Kate Vitasek

If your company is like most, it promotes 'boilerplate' contracts or, at a minimum, pushes for standardised terms, such as contract length, warranties, a 30-day termination of convenience clause or 90-day payment terms. While this may make your lawyer and Chief Financial Officer (CFO) happy, Russell Korobkin suggests that using standard contract clauses is a bad idea.

Corruption and collusion: lessons from Africa

ElainePorteous_100.jpgBy Elaine Porteous

Corruption is not unique to Africa, nor is it a new problem. However, Africa is perceived as the most corrupt region in the world as well as the most under-developed. Corruption is a complex social, political and economic phenomenon that slows economic development and contributes to governmental instability. There is no simple solution. There have been numerous academic studies and notable interventions by such institutions as the World Bank, the United Nations and the Norwegian Government, but progress remains agonisingly slow.

The power of procurement: an Australian perspective

JeniChristensen_100.jpgBy Jeni Christensen (MCIPS), Procurement Manager in Melbourne, Australia, for Villa Maria Catholic Homes, a not-for-profit organisation linked to the Catholic Church.

2019 has been a productive year for procurement with the Commonwealth Modern Slavery Act of 2018 (the Act) being passed by the Australian Parliament on 29 November 2018 and entered into force on 01 January 2019. The Act established a national modern slavery reporting requirement for large businesses (> AU$100-million in revenue) and other entities doing business in the Australian market over the same threshold.

There is some great work being done but there is still a huge amount to do to eradicate modern slavery within Australia and, indeed, globally. The key is to educate ourselves, our suppliers, staff and business contacts on what this means, why this is important, how they can help and what we are looking for.

How to spot supplier risk during on-site evaluations

BenGoldwasser_100.jpgIn a previous article, Ben Goldwasser, Business Development Professional, Spendrix, discussed how to spot risky behaviour when communicating with suppliers. In this month's SmartProcurement, Goldwasser identifies supplier risk and explores what to look out for during on-site evaluations. This is specifically beneficial in the transportation and logistics industries when visiting carriers in person. While on-site evaluations are not a requirement, visiting carriers can help you to build better relationships and to improve communication. Also, visiting carriers on-site allows you to evaluate them for risky behaviour that could potentially affect your company.

Here are some things to look out for the next time you visit a carrier on-site:

Procurement perspectives: corruption thrives on secrecy in government procurement

StephenBauld_100.jpgInconsistency in procurement processes is prevalent. In many published articles on a variety of topics, corruption is much like a mushroom, it thrives in the dark.

The benefit of competition is well-recognised by economists but, to a large extent, concern around public procurement processes is based more on the concerns of political science rather than on those of economics.

"The goal is to avoid corrupt practices", says Stephen Bauld, a government procurement expert.

The catch-22 of outsourcing relationships

KateVitasek_100.jpgCustomers and suppliers alike maintain that they value innovation. But, far too many outsourcing contracts are full of perverse incentives that inherently disincentivise suppliers from investing in innovation. The result? A catch-22 where outsourcing relationships become a race to the bottom, a situation where organisations think they are spurring on innovation but, in reality, they are fostering the status quo.

Kate Vitasek, Professor in Supply Chain Management at the University of Tennessee, unpacks how transaction-based sourcing models are preventing innovation and shares how to move away from them in supply relationships.

Sales perspective: 5 tips on how to deal with procurement

NegSkills_100.jpgEditors note: We thought it might be useful to procurement professionals to get some INSIDE INFORMATION FROM THE OTHER SIDE. This article is written by a consultancy specialising in advising sales people to deal with procurement. Enjoy!:

"It has been said over the past couple of years that procurement departments are becoming increasingly powerful. They dictate how negotiations unfold as value propositions are torn apart and prices lowered until vendors can hardly think straight. It sounds like a horror story, right? But it doesn't have to be that way. Dealing with procurement is always going to be a challenge, but if you understand their game, it will be much easier to play yours."

Mercuri International, a consulting and result-improvement company, has put down five insights into how to stay on track with your goals while negotiating with procurement.


 

 

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