What is a P2P system (5 points)? Explain the impact that using IT systems can have on the way the Procurement department of an organisation functions (25 points).
See the solution in Explanation part below.
- Definition of P2P - Purchase to Pay or Procure to Pay is the process an organisation takes from ordering a product to paying for it. The main stages of this process are product ordering, supplier requisition to pay, budget authorisation, receipt of delivery, and invoice processing.
- Impact of using IT Systems – can include the use of these systems: EPOS, barcodes/ RDIF, e-commerce systems such as POs and invoicing, and electronic communications such as email. Impacts can be; increased productivity, quicker processes, higher levels of visibility, increased responsiveness to demands, cost savings, less paper used, supplier relationships are managed virtually rather than in person. Generally the impacts are positive, but you could also discuss some disadvantages or challenges a department might face as the question is quite open.
Example Essay
A Procure-to-Pay system is a comprehensive solution that automates and integrates the procurement process within an organization, covering the entire lifecycle from requisitioning goods or services to making payments to suppliers.
The P2P process includes the following: a buyer requests an item, they put in a requisition, it is accepted by the supplier, the item is delivered and the item is then paid for. The order of the steps may be different depending on the industry / requirement (e.g. sometimes payment is made before delivery), or sometimes there are additional steps such as getting the requisition approved by a manager.
Nowadays the P2P process is mainly digitalised- orders are made online or via a PO system and payment is made via BACS. It is not common to pay for items in cash or by cheque any more. This digitalisation has had many effects on the way the procurement department functions. The P2P system streamlines and standardizes the purchasing process, enhancing efficiency, transparency, and control.
The integration of Information Technology (IT) systems has a profound impact on the functioning of the Procurement department within an organization. This digital transformation brings about significant improvements in efficiency, transparency, collaboration, and decision-making processes. Some of the key impacts include:
- Raised productivity – using IT systems results in quicker processes and they’re often more accurate and consistent than humans doing the tasks manually. For example, an electronic requisition system can flag when a requisition isn’t completed properly (e.g. part of the requisition is missing or a supplier name has been spelled incorrectly). When doing this manually the errors may not be spotted.
- Innovation – the use of IT means new avenues can be explored in terms of new product markets and new supply chains. Without the use of IT, procurement may be limited to working with local suppliers or those they can find in the phone book. Using IT systems such as e-auctions and even just the internet to complete research, opens up more opportunities to make purchases. This could involve working with international supply chains and result in cost savings for the business.
- Improved business processes – the use of IT means there is more transparency as everything is recorded and it is easier for managers to oversee. This results in less risk exposure for the business, particularly in fraud. The use of IT also standardises processes which makes it easy for everyone to know what to do.
- When IT is used, there is an increased responsiveness of the procurement function – it allows for 24/7/365 ordering compared to making purchases in person in a shop which may only be open 9-5. Moreover , there are paperless communications when IT is used– this has a positive environmental impact
- Supplier Relationship Management (SRM) - IT systems support Supplier Relationship Management by providing tools to assess and manage supplier performance. This can include logging KPIs and tracking supplier performance. SRM functionalities enhance communication, collaboration, and visibility into supplier relationships.
In summary, the integration of IT systems into the Procurement department transforms traditional practices, making processes more streamlined, data-driven, and strategically focused. The impact is not only on operational efficiency but also on the ability of the procurement function to contribute strategically to the organization's overall objectives.
Tutor Notes
- The word impact is quite vague. I’ve mainly talked about advantages but you could discuss the impact that the use of IT has had on the department, not just in how it functions, but in how it is perceived. IT has professionalised the procurement industry as a whole- it’s no longer seen as ‘purchasing’ but as a vital function within a business that contributes to added value and strategic goals.
- You could also talk about the impact it’s had on ways of working. The use of IT has allowed for innovative procurement and manufacturing techniques such as Just-In-Time.The use of IT also ends silo-working, instead allowing for more collaboration with other business departments and the supply chain as a whole.
- LO 3.4 P. 171
Industry Sectors can be classified as Primary, Secondary and Tertiary. What is meant by an ‘industry sector’? Describe the main characteristics of and types of business you will find in these. (25 marks)
See the solution in Explanation part below.
How to approach this question
- The first question can be a simple introduction with a bit of extra detail. The main ‘meat’ to your essay is going to be explaining the three sectors, their characteristics and example businesses.
- Aim for three well explained characteristics as a minimum
Example essay
An industry sector refers to a broad category or grouping of businesses and economic activities that share similar characteristics and functions in the production and distribution of goods and services. These sectors are often classified into three main categories: Primary, Secondary, and Tertiary. Here are the main characteristics and types of businesses you will find in each of these industry sectors:
1.Primary Sector:
•Characteristics: The primary sector involves activities related to the extraction and production of raw materials and natural resources directly from the environment. This sector relies on nature and weather patterns: businesses in the primary sector are highly dependent on natural factors such as climate, weather, soil quality, and geographic location. These factors can significantly impact the productivity and profitability of primary sector activities. Extreme weather such as floods can severely impact this sector. Moreover there is a seasonality to this sector and many activities in the primary sector require a significant amount of manual labour, particularly in agriculture, fishing, and forestry. However, modern technology has also been integrated into some primary sector activities to increase efficiency.
•Types of Businesses: a. Agriculture: This includes farming, crop cultivation, livestock raising, and forestry. b. Mining and Extraction. c. Fishing and Aquaculture: Forestry and Logging: Includes the harvesting of timber and related activities.
2.Secondary Sector:
•Characteristic: The secondary sector focuses on the transformation of raw materials and intermediate goods into finished products. The main characteristic of the sector is that it requires high levels of machinery and industrial techniques. There is a reliance on technology. Secondly, the secondary sector adds significant value to the products compared to their raw material form. This value addition is achieved through processing, assembly, and quality control processes. The third main characteristic is standardisation: Manufacturing processes often involve standardization of components and processes to ensure consistency and quality in the final products. Standardization helps in economies of scale.
•Types of Businesses: a. Manufacturing: This sector includes factories and plants that produce tangible goods such as automobiles, electronics, textiles, and machinery. b. Construction: Involves the building and construction of structures like buildings, bridges, and infrastructure. c. Utilities: Companies providing essential services like electricity, gas, and water supply fall into this category.
3.Tertiary Sector:
•Characteristic: The tertiary sector is also known as the service sector and involves businesses that offer various services to consumers and other businesses. The main defining characteristic of this sector is Intangibility: Services are intangible and cannot be touched or held. They are often experienced directly by consumers through interactions with service providers or through the use of technology. Secondly, High Human Involvement: The tertiary sector relies heavily on a skilled and often highly educated workforce to deliver services effectively. This can include professionals such as doctors, lawyers, teachers, and customer service representatives. Lastly, Customization: Many services are customized to meet the specific needs and preferences of individual clients or customers. This personalization is a key characteristic of the tertiary sector. For example Legal Advice will always be different depending on the specific needs of the client.
•Types of Businesses: a. Retail and Wholesale: Businesses engaged in the sale of goods to consumers or to other businesses. b. Healthcare and Education: This includes hospitals, clinics, schools, colleges, and universities. c. Financial Services: Banks, insurance companies, and investment firms are part of this sector. d. Hospitality and Tourism: Hotels, restaurants, travel agencies, and entertainment venues fall into this category. e. Professional Services: Legal, accounting, consulting, and IT services are part of the tertiary sector.
These industry sectors represent the different stages of economic activity, with the primary sector providing raw materials, the secondary sector processing and manufacturing goods, and the tertiary sector offering services and distribution. Together, these sectors form the backbone of an economy, contributing to its growth and development
Tutor Notes
- I've gone overboard on naming the types of organisation in the different sectors. You don't have to remember all of these. 3 examples is sufficient to get good marks. I've just named them all so you can see what could be considered a right answer.
- Some people are talking about Quaternary and Quinary Sectors. CIPS is not one of those people, so don’t worry if you come across those terms in any further reading. But FYI
1.
•Quaternary Sector: This sector involves knowledge-based activities, including research and development, information technology, and data analysis.
•Quinary Sector: The quinary sector comprises high-level decision-making and leadership roles in areas such as government, academia, healthcare, and top-level corporate management.
- LO 4.1 p.196
Sarah is thinking of setting up a charity in the UK which will look after animals that have been abandoned. What regulations and governing bodies should Sarah be aware of when setting up her charity? (25 Points)
See the solution in Explanation part below.
How to approach this question
- Your essay should mention at least one regulation and one governing body particular to the charity section and I would recommend these be the Charities Act 2011 and the Charities Commission.
- If you don’t know a lot about the sector you can bring up more generalised regulations and governing bodies, such as financial conduct and the Equalities Act, but make sure it’s relevant to Sarah. Her charity is a small, local one, so things like Modern Slavery Act will not be appropriate to talk about.
Example Essay
When setting up a charity in the UK, particularly one focused on animal welfare, there are several regulations and governing bodies that Sarah should be aware of. These ensure that the charity operates legally, ethically, and effectively.
A charity’s purpose involves raising awareness and helping someone or something, in Sarah’s case this will be local animals and potentially their owners. A charity has to satisfy two aspects: The benefit aspect and The public aspect. In the UK, both aspects are regulated by the Charities Act 2011.
To satisfy a benefit aspect, a charity must: have a purpose that must be beneficial to the community it works in – this must be in a way that is identifiable and capable of being proved by evidence. For Sarah this would be showing that her charity helps animals, potentially by taking them in off the street or removing them from dangerous homes and caring for them.
To satisfy a public aspect, a charity must benefit the public in general, or a sufficient section of the public. In Sarah’s case the public benefit may be in removing stray dogs and cats from the streets where they can transport diseases and potentially attack people. Most charities strive to satisfy both aspects but in some cases this is not possible.
All charities are regulated. Because charities are funded by donations from the public, businesses and sometimes from government, their conduct is regulated closely. Key regulatory bodies that Sarah will have to engage with include:
1. Charity Commission for England and Wales:
· As the primary regulator for charities in England and Wales, the Charity Commission oversees the registration and regulation of charities. Sarah's organization must meet the legal definition of a charity and apply for registration if its income is over £5,000 per year.
· The Commission ensures compliance with the Charities Act, offering guidance on charity governance, financial management, and reporting.
2. HM Revenue and Customs (HMRC):
· Charities can apply to HMRC for recognition as a charity for tax purposes. This status allows for tax reliefs and exemptions, including Gift Aid on donations.
· HMRC ensures compliance with tax obligations and scrutinizes the use of charity funds.
3. Data Protection:
· Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, any charity handling personal data must ensure its protection and comply with data privacy laws.
4. Health and Safety Executive (HSE):
· The HSE provides guidelines for workplace safety, which are important if the charity has employees or volunteers.
In conclusion there are many regulations and bodies that Sarah should be aware of when setting up her charity. Sarah should consider seeking legal advice or consulting with charity advisory services to ensure full compliance with all relevant laws and regulations. Additionally, staying informed about changes in charity law and animal welfare legislation would be beneficial to the smooth operation of her charity.
Tutor Notes
- With case study questions you’re not expected to know anything about the specific topic, in this case Animal Charities. If it happens to be something you know about, you can bring in some of your own knowledge, but this isn’t a requirement to get a good score. You’re not expected to know, for example about the Animal Welfare Act 2006, but if you happen to do so, it could be a nice little thing to add in. Just don’t focus your essay on it. However you can make some sensible guesses on what Sarah will be doing, for example I talked about removing stray animals from the street.
- Charities comes up in LO 4.4 p.232
Describe the key drivers for organisations who operate in the public, private and third sector (25 marks)
See the solution in Explanation part below.
- There’s 2 main approaches to layout you could take for this question. Firstly, divide your essay into three sections for the public, private and third sectors and talk about the key drivers for each sector separately. Alternatively, you could select a couple of drivers and form paragraphs around them, explaining in each paragraph whether the driver is strong or weak or even applicable for the different sectors.
- Drivers you could talk about include attitudes towards money, survival in the industry, differentiation, need for transparency, resources available, stakeholders, regulatory compliance
- Your answer should say why these are drivers in each of the industries, whether these drivers are strong or weak and why.
Example essay:
Organizations across the public, private, and third sectors operate within different paradigms, driven by distinct motivations and constraints. Understanding these key drivers is essential for comprehending how these organizations function and achieve their objectives. This essay explores the fundamental drivers of organizations in each of these sectors, focusing on attitudes towards money, survival, differentiation, need for transparency, resource allocation, and stakeholder management.
Attitudes Towards Money:
The approach to profit significantly differentiates the sectors. In the private sector, profit is a primary driver, essential for survival and rewarding shareholders. Conversely, the public sector is not profit-driven; its primary aim is to provide essential services to society, regardless of financial gain. The third sector, often termed 'not-for-profit', also requires profit generation, but uniquely, all profits are reinvested into the organization to further its aims, rather than being distributed as shareholder dividends. The Public-Sector needs to ‘balance the books’ but it is not a profit-generating area of the economy. The priority around money is ensuring that taxpayer money is well spend and that procurement activities represent value for money.
Survival in the Industry:
Survival strategies vary across sectors. Private and third sector organizations must focus keenly on survival, necessitating efficiency and sound business processes. The public sector, by contrast, can continue operating even when inefficient or running at a deficit, as seen in cases like local councils operating with budget shortfalls. This difference underscores a greater urgency for efficient management in the private and third sectors.
Differentiation:
Differentiation is a key driver in the private sector due to competition. Private entities often strive to distinguish their goods or services to gain a competitive edge, either through cost competitiveness or unique offerings. However, differentiation is less of a driver in the public and third sectors, where organizations are often sole providers of certain services or focus on specific social causes without direct competition.
Need for Transparency and Regulatory Compliance:
Transparency and adherence to regulations are paramount in the public and third (not-for-profit) sectors. These sectors are highly regulated, with public organizations adhering to regulations like the Public Contract Regulations 2015 and third sector organizations following guidelines set by bodies like the Charities Commission. The public's right to information through mechanisms like Freedom of Information requests further underscores this need for transparency. In contrast, the private sector faces less pressure for transparency, though it is not entirely exempt from regulatory compliance.
Resource Availability:
The availability and management of resources are different across sectors. Public and third sector organizations often operate with limited funds, making value for money a critical driver. They must achieve their objectives within these financial constraints. In contrast, the private sector generally has greater flexibility in resource acquisition, able to raise funds through loans or share sales, providing them with a broader scope for investment and expansion.
Stakeholder Management:
Stakeholder dynamics vary significantly among sectors. Public and third sector organizations often have a wide range of stakeholders, though these stakeholders may not wield significant power. Conversely, stakeholders in private organizations, like employees, can exert considerable influence, as seen in cases where employees might strike for better working conditions. Therefore, managing and satisfying stakeholders can be a more pressing concern in the private sector compared to the public sector, where actions like strikes can be legally restricted.
Conclusion:
In summary, organizations in the public, private, and third sectors are driven by different motivations and constraints. While profit is a major driver in the private and third sectors, it serves different purposes in each. Survival strategies, the need for differentiation, transparency requirements, resource management, and stakeholder relations all vary significantly across these sectors, reflecting the distinct roles and responsibilities they hold in society. Understanding these key drivers is crucial for anyone looking to navigate or interact with these diverse organizational landscapes effectively.
Tutor Notes:
- If you’re asked about different sectors of the economy it can be difficult to know what to talk about. An easy way to remember topics you can discuss in your essay is the acronym CAROLS which stands for: Competition, Activity, Responsibilities, Objectives, Legal Restrictions and Stakeholders. This acronym may generate some ideas of things you can discuss in your essay.
- This question takes some content from different Learning Outcomes throughout L4. Charities are discussed separately from Public and Private Sectors in LO 4.4 p.230.
Explain the impact that having a Corporate Governance Framework can have on the policies and processes of the procurement department (25 points)
See the solution in Explanation part below.
A basic response would include:
- What a Corporate Governance Framework is - the system of rules, practices and processes which directs and controls a company. Corporate Governance refers to the way in which companies are governed and to what purpose.
- Impact this has on policies and processes – means the procurement department follows regulatory mechanisms (e.g. financial regulations, Codes of Practices), has a checks and balances system (such as auditing), uses e-procurement technologies, vets staff and suppliers, has a clear segregation of duties etc.
This is a very open question and there are so many correct answers. In fact, it’s quite hard to give a wrong answer to this question – as long as your response explains a policy or process that a procurement department can have that ensures they’re following Corporate Governance – that’s right!
A good response may mention:
- Corporate governance is in essence a ‘toolkit’ that allows an organisation to effectively manage itself, ensuring that it’s policies and procedures are compliant with legislation and are ethical. It also ensures that the company meets its objectives.
- The impact Corporate Governance has on the procurement department will be in mandating the ways in which goods and services are procured and in the general ways of working of the procurement department.
- In your response you should mention 5 (ish) different ways Corporate Governance would impact on how procurement do their job. Examples include:
- Ethical Conduct – corporate governance ensures that the company is operating in a legal and ethical way. This influences the processes Procurement will do and the type of suppliers they will engage with. This may also be in their approach to relationships and negotiations- seeking out collaborative relationships with suppliers rather than looking to exploit them. For example, an organisation that does not have a Corporate Governance structure may look to take advantage of suppliers and achieve the lowest cost possible at the expense of the supply chain and local community. An organisation that has strong Corporate Governance would work with suppliers, developing the relationships and thinking long-term about the impact on the local community. The organisation may therefore prioritise standards such as Fair Trade over price, and this would be reflected in the way tenders are evaluated by the procurement department.
- Use of Checks and Balance system- Corporate Governance ensures strong financial controls are implemented throughout the organisation. For the procurement department this may result in purchases being made to strict budgets (rather than just spending whatever they want), and business cases being written up and approved before the organisation spends a large amount of money on a single item. Another impact may be in the use of audits. For example, peer reviewing tenders and contract awards to ensue all members of the Procurement Team are following internal processes correctly.
- Anti-fraud prevention mechanisms. An important area of Corporate Governance is ensuring the organisation is free from fraud and corruption. This impacts on Procurement’s policies and processes as it will mean scrutinising tenders and who is being awarded contracts. It may result in high levels of Due Diligence being completed on suppliers before entering into contracts and providing a whistle-blowing service for staff to report issues.
- Security measures- this will be to protect the organisation from risk. It may include the procurement department vetting new staff by completing background checks. It may also involve the segregation of procurement duties so that no individual has too much power. E.g. one person raises the requisition and another person approves the purchase. Security may also be in ways of working such as password protecting documentation and limiting access to confidential information.
- Use of a Purchasing Policy Manual – this provides operational guidance on procurement policies and procedures to all staff members. It may detail things like who has permission to order what, who the Delegated Purchasing Authority (DPA) is and the roles and responsibilities of the team.
An excellent response may also include
- Reasons why Corporate Governance Frameworks impact on procurement policies and practices. This could include reasons of accountability, reputation and risk management, procurement’s links with other departments.
- You could also look at what processes would look like with Corporate Governance compared to without it (with CG = rule driven, autocratic but organisation is protected from risk. Without CG = laissez-faire, everyone does whatever they like, very risky)
- You could also provide further examples, either real life or hypothetical. Investopedia has some great information and examples you could use: Corporate Governance Definition: How It Works (investopedia.com)
Explain how the new procurement department can use the CIPS Procurement Cycle to
influence the spend on raw materials, deliver cost reductions and enable other value
benefits.
(25 marks)
See the solution in Explanation part below.
Electronica Manufacturing
Jane Henderson has been brought in to set up and lead a new procurement department at Electronica Manufacturing. It manufactures
a range of electronic products, components and sub-assemblies for clients in the Information technology sector.
Jane has carried out an initial analysis of procurement practices and has discovered that the company has never focused on how
procurement tools and techniques can be used to reduce costs. She is also keen to improve procurement added value, increase quality
and increase end-user satisfaction.
Jane wishes to introduce a more robust approach to procurement and is considering implementing new processes and procedures in
the procurement of raw materials and sub-assemblies.
Using the CIPS Procurement Cycle to Influence Spend on Raw Materials, Deliver Cost Reductions, and Enable Value Benefits
Electronica Manufacturing has historically not focused on procurement’s role in cost reduction or added value. By implementing the CIPS Procurement Cycle, Jane Henderson can establish a structured and strategic procurement process to optimize spend on raw materials, achieve cost reductions, and generate other value benefits. Below is a detailed analysis of how each stage of the CIPS Procurement Cycle can support these goals:
1. Understanding Needs and Developing Specifications
How it Helps:
Jane must assess raw material requirements based on product designs, production needs, and customer expectations.
Avoiding over-specification ensures that materials are fit for purpose rather than unnecessarily costly.
Impact on Electronica Manufacturing:
Prevents unnecessary spending on premium materials that don’t add value.
Ensures cost-effective sourcing without compromising quality.
2. Market Analysis and Supplier Identification
How it Helps:
Conducting supplier market research helps identify competitive suppliers offering better pricing and quality.
Analyzing market trends (e.g., commodity price fluctuations) allows for timely purchasing to mitigate cost increases.
Impact on Electronica Manufacturing:
Reduces costs by sourcing from cost-effective and reliable suppliers.
Identifies potential new suppliers that offer better value and innovation.
3. Developing a Sourcing Strategy
How it Helps:
Jane can implement strategic sourcing, using techniques like long-term contracts, supplier partnerships, and competitive bidding.
A well-defined strategy ensures that procurement aligns with business goals.
Impact on Electronica Manufacturing:
Reduces supply chain risks by diversifying suppliers.
Maximizes cost savings through bulk purchasing and supplier negotiations.
4. Supplier Evaluation and Selection
How it Helps:
A structured evaluation process ensures selection based on cost, quality, reliability, and sustainability.
Supplier benchmarking and total cost analysis ensure best-value sourcing.
Impact on Electronica Manufacturing:
Reduces waste and costs by selecting suppliers that provide consistent quality.
Helps mitigate supply chain risks, ensuring reliable raw material availability.
5. Contract Management and Negotiation
How it Helps:
Jane can introduce structured contracts with cost-control mechanisms, such as fixed pricing, volume discounts, and service-level agreements (SLAs).
Contract negotiation can lock in competitive pricing and ensure supplier accountability.
Impact on Electronica Manufacturing:
Improves cost predictability and budget control.
Strengthens supplier relationships, leading to better terms and cost efficiencies.
6. Purchase Order Processing and Expediting
How it Helps:
Implementing an efficient purchase order (PO) system reduces administrative inefficiencies and speeds up raw material procurement.
Use of automated procurement systems (e.g., ERP systems) ensures cost-effective order processing.
Impact on Electronica Manufacturing:
Reduces administrative overheads and human errors.
Ensures faster lead times and better inventory control, reducing stock shortages and excess inventory costs.
7. Supplier Relationship Management (SRM)
How it Helps:
Establishing collaborative relationships with key suppliers can drive joint cost-saving initiatives.
Long-term supplier partnerships can lead to better pricing, innovation, and risk-sharing.
Impact on Electronica Manufacturing:
Reduces costs through supplier-led efficiency improvements.
Encourages supplier innovation, leading to better materials and higher-quality products.
8. Performance Review and Supplier Development
How it Helps:
Regular supplier performance reviews ensure that quality, cost, and delivery expectations are met.
Supplier development programs can help underperforming suppliers improve efficiency, reducing procurement risks.
Impact on Electronica Manufacturing:
Improves product quality and consistency, reducing defects and waste-related costs.
Enhances supplier accountability, leading to more cost-effective procurement.
9. Risk Management and Compliance
How it Helps:
Jane can introduce risk management strategies such as dual sourcing, inventory buffers, and price hedging to mitigate supply chain disruptions.
Ensuring compliance with ethical, legal, and sustainability standards reduces long-term operational risks.
Impact on Electronica Manufacturing:
Reduces financial and operational risks, improving business continuity.
Strengthens brand reputation by ensuring ethical sourcing.
10. Procurement and Supply Strategy Review
How it Helps:
Continuous evaluation of procurement strategies ensures alignment with changing market conditions and company goals.
Data-driven decision-making through spend analysis and procurement reporting allows for ongoing cost optimizations.
Impact on Electronica Manufacturing:
Enhances procurement efficiency and sustains cost reductions.
Ensures procurement remains a value-adding function rather than a cost center.
Conclusion
By applying the CIPS Procurement Cycle, Jane Henderson can transform Electronica Manufacturing’s procurement function from an ad-hoc, cost-inefficient process into a strategic, value-driven function. This structured approach will enable smarter spending on raw materials, continuous cost reductions, and broader business benefits, such as improved quality, efficiency, and stakeholder satisfaction.
Implementing procurement best practices will not only reduce costs but also drive long-term business sustainability and competitive advantage.
Describe the four main ways that a Public Sector organisation can procure goods or services (25 points)
See the solution in Explanation part below.
How to approach this question
- This question is testing to see if you know the 4 procurement procedures allowed in the Public Sector which are: open, restricted, competitive dialogue, competitive dialogue with negotiation. The Public Sector is limited in how it can procure due to the Public Contract Regulations, so things like Early Supplier Involvement isn’t an option.
- The question doesn’t specifically say it has to be these four, but these are the ones in the book. Because of the vagueness you could say something like running a competition and awarding via a Framework instead. Talking about Public Private Partnerships could also be appropriate but that is outside of the scope of this module (and Level! It comes up in Level 5). These answers would be accepted.
- Also note that it doesn’t say the UK in the question, so if you answered this about your own country, that would be fine.
Example Essay
Each country’s government has its own regulations relating to how goods, services and works can be procured. The UK’s procurement rules is currently dictated by the Public Procurement Regulations 2015 which is based off EU Procurement Directives. This piece of legislation will likely be superseded in Autumn 2023 due to the UK leaving the EU. Until this point, the PCR allows UK public sector organisations to procure in the following ways: open, restricted, competitive dialogue, competitive dialogue with negotiation
Open Procedure: This is the most straightforward and transparent method. A local government issues an open tender for office supplies. Any company that provides these supplies can submit a bid. The government then evaluates all bids based on price, quality, and delivery terms to select the supplier. Any interested supplier can submit a tender. The process is open from the outset, and all submissions are evaluated against pre-defined criteria. This procedure is used when you wish to attract a large number of bidders for the opportunity and is often posted online on a platform such as Find A Tender.com so that suppliers can find the opportunity. If it is a large contract it is a requirement for details to be published on OJEU. The disadvantage of using this approach is that you may receive many bids which can be time-consuming.
Restricted Procedure: In this method, the public sector organization invites suppliers to express their interest. After a preliminary selection process, only those who meet the criteria are invited to submit tenders. This is used when the opportunity is more technical, for example a healthcare authority needs specialized medical equipment. The authority would requests expressions of interest from suppliers. After reviewing these, it invites a shortlist of qualified suppliers to submit detailed bids for further evaluation. The benefit of this approach is that unsuitable suppliers are weeded out early, this saving time.
Competitive Dialogue: This is used for complex contracts where the organization cannot define the technical means or legal or financial make-up of a project in advance. A dialogue with selected bidders is conducted to develop one or more suitable solutions, which are then put out to tender. For example, a local council is planning a new public transport system but is unsure of the best solution. It enters into a dialogue with several firms specializing in transport systems to explore various options before requesting final bids based on the developed solutions. Suppliers can be eliminated through the dialogue process based on pre-determined criteria.
Competitive Dialogue with Negotiation: Similar to competitive dialogue, but with an added phase of negotiation. It's used for particularly complex projects where the needs cannot be met without adaptation of readily available solutions. For example: a government department requires a complex IT system that integrates various existing systems. It engages in a competitive dialogue to develop potential solutions and then negotiates with bidders to refine these solutions before finalizing the contract. This procedure allows for negotiations with the winning bidder to readjust requirements if needed.
The approach taken by a public sector organisation will depend on a number of factors, but in particular the complexity of the project and whether there is a pre-determined scope. Other factors to consider include; the time-sensitiveness of the project and how quickly the procurement exercise needs to be completed, the amount of suppliers in the marketplace, and whether suppliers need to be consulted on to create the specification.
Tutor Notes
- These four procedures are outlined on p.212. Post PCR 2015, these procedures may change, or be renamed, depending on what the UK government decide to do. So if you’re taking this exam in November 2024 or later, note that the study guide is now out of date and you should conduct a bit of your own research.
- You could also mention that the value of spend is a factor when public sector organisations are deciding on a procurement route. For really low value stuff, like they need a new sofa for the office, most organisation's requirements are to get three quotes and compare them. That isn't in the study guide, it's just real life (I've worked in this sector so know this stuff). Each organisation will have it's own thresholds for what procurement route needs to be taken, so I wouldn't comment on that but generally if it's under £10k there's quite a bit of flexibility. Where you reach 'threshold' then things become very serious and there's much more scrutiny.
- Thresholds are not part of the syllabus so don't worry about learning this. But if you're interested have a read here: New public procurement thresholds from 1 January 2024 - BM Insights - Blake Morgan
What is an electronic system? Describe the following: e-requisitioning, e-catalogues, e-sourcing, e-payment technologies (25 marks)
See the solution in Explanation part below.
How to approach this question:
- Your response will need 5 definitions. For 25 points that means 5 points per section so think about the level of detail you’ll need to include. It would be 5 points for electronic system (i.e. your introduction and conclusion), and then do a paragraph on each of the technologies. In the description you could talk about why it’s used and the advantages, and give some examples if you know any.
- Definition of electronic system – a system which uses some form of technology and automates a procurement process than would otherwise have been completed manually.
- E-Requisitioning – a way of ordering goods or services. Includes the use of integrated ordering systems such as: ERP/ ERP II / MRP / MRP II
- E-Catalogue- an electronic display of what goods can be ordered. A simple example of this may be a supplier displaying the goods they offer on their website and the prices to purchase the goods.
- E-Sourcing – this involves the early stages of the tender process- using an electronic portal to find a supplier and / or conduct a tender exercise.
- E-Payment – the P2P part of the cycle (procure to pay) – may involve electronic POs and Invoices, BACS, CHAPS and SWIFT payment systems, and the use of Purchasing Cards
Example essay:
Electronic systems, commonly refered to as E-procurement, is the business-to-business or business-to-consumer purchase of goods or services, typically using the Internet or other information/ networking systems such as ERP systems. It has developed in the past 20 years as technology has improved and replaces time-consuming manual processes and is now considered the ‘norm’. Electronic systems and e-procurement can be used throughout the entire supply chain- not just between a single buyer and supplier. Examples of electronic systems including the following:
E-requisitioning
This is often used in manufacturing organisations to order raw materials. An electronic ‘bill of materials’ is created and stock levels are automatically updated. As materials get used and a pre-determined level is reached, this triggers a new order which is placed via an e-requisitioning system such as MRP. It is a technological version of the traditional kan-ban (2 bin) system. E-requisition tools are often cloud-based. It helps buyers simplify the buying process, track orders and provides higher levels of visibility on spend. The main disadvantage to this technology is that it requires technology interfacing between the buyer and suppler, which may be expensive.
E-catalogues
This is a digital or online version of a catalogue- a document that details what you can buy and at what price. There are two main types – buy side catalogues and sell side catalogues. A buy-side catalogue is an internal system used by a buyer which hosts a list of pre-approved suppliers from whom purchases can be made. It may include details of commonly bought items and the prices. The use of this reduces maverick spending and ensures consistency in purchases (e.g. whenever lightbulbs need to be ordered, the same lightbulbs are ordered so the office lighting is consistent). A sell-side catalogue is provided by a supplier and details what they offer- it often includes prices, any discounts for bulk buying and may also let buyers know of availability (e.g. the website may say only two items remaining). This may be as simple as a price list on their website, available for anyone to view.
E-sourcing
This is a tool that helps a buyer find the most suitable supplier. Examples include e-tendering websites where a buyer can host a competition to find a supplier. E-auctions are also a type of e-sourcing tool. The tool (often a website) hosts all of the tendering documents and allows for buyers and suppliers to communicate during the tender process (for example if there are any clarifications needed on the specification). Using this tool allows for transparency and equal treatment, but also saves time in completing the tender exercise. PQQs can be automated and some e-sourcing tools include the use of Artificial Intelligence which can ‘read’ tender submissions and automatically exclude suppliers who do not fulfil the required criteria.
E-payment technologies
These are methods to pay for goods and services that replace the need for cash and cheques. Examples include online bank transfers, electronic Purchase Orders and Invoices and the use of Pre-Payment cards. These act like credit cards for employees to use when they need to buy supplies. For example, if you have a maintenance team that frequently need to purchase low-value items like screws and paint, you could issue the team with a Pre-Payment card with a certain limit (e.g. £500/ month) so they can buy what they need. The company will then automatically be sent a monthly invoice for all of the purchases. This saves time from having to issue the maintenance team with petty cash for the purchases and allows for greater visibility over spend (e.g. how many screws are typically bought per year?). Another typical use is for staff travel.
In conclusion, procurement teams benefit significantly from leveraging electronic tools, including e-requisitioning, e-catalogues, e-sourcing, and e-payment technologies. The adoption of these electronic tools brings about various advantages that enhance efficiency, transparency, cost-effectiveness, and overall effectiveness in the procurement process. Moreover E-procurement tools has helped develop the procurement function into a professional and respected function and allows for a more pro-active rather than reactive approach to purchasing.
Tutor Notes:
- Fun Fact! In the public sector, it is mandated that electronic systems are used in procurement (Public Contract Regulations 2015) as this helps to achieve the objectives of transparency and equal treatment. Where manual systems are used, it is easy to manipulate the tender process. For example, a buyer could read some tender submissions before the deadline for submission and no one would know, but with an electronic system this is impossible as it locks evaluators out until the deadline has passed and all bidders have submitted their responses. (note PCR 2015 is being replaced in 2024- details are still TBC but the above fun fact will still remain in the new legislation- they’re definitely still going to make it compulsory).
- You could also mention the names of systems if you know any. For example, e-sourcing tools include MyTenders.com and Delta E-Sourcing. PO / Invoice systems include Sage, Xero and QuickBooks.
- The question doesn’t ask for advantages of using these technologies but you could mention this in your answer. Just be sure that this isn’t the focus of your response- the question asks specifically for you to DESCRIBE the systems so detailed Explanation: s and examples are where you will secure the most points.
- p.108
Discuss the importance and role of an organisation’s branding in procurement and supply operations (25 marks)
See the solution in Explanation part below.
How to approach the question
- This is a very open question so your essay could discuss
o the functions of a brand; e.g. advertising, marketing, creating trust, identity
o What is effective branding? Strong image, convincing people to purchase, shared values with customers, offering a solution to a problem.
o The impact for procurement and supply chain isn’t explained in the study guide so tailor this however you like. The best thing to do would be to think about some companies where branding is important, such as luxury goods, cars, or the brand is synonymous with a particular aspect such as Apple being associated with innovative technology. From there you could argue the importance of selecting the right suppliers to work with in order to keep up the brand image. Another example could be an ethical company needing to ensure their supply chain is ‘clean’, so as not to damage their branding. Possibilities are endless with this one.
Example Essay
In the contemporary business landscape, the significance of branding extends far beyond marketing and consumer perception. In procurement and supply operations, an organization's brand plays a pivotal role in shaping relationships with suppliers, determining the quality of goods and services that are procured, and influencing overall supply chain efficiency. This essay delves into the importance of branding in procurement and supply, exploring how a strong brand image can drive competitive advantage, foster trust and collaboration, and impact an organization's bottom line.
Building Competitive Advantage Through Brand Reputation:
The reputation of an organization's brand is a key determinant in attracting and retaining high-quality suppliers. A strong brand often correlates with financial stability, market presence, and business ethics, making such organizations more appealing to work with. This advantage is critical in procurement as it can lead to preferential treatment, such as priority access to scarce resources, better payment terms, and opportunities to collaborate on innovative products. For example, a well-regarded technology company might receive early access to cutting-edge components from suppliers eager to be associated with a market leader.
Enhancing Supplier Relationships and Negotiations:
Branding extends into the realms of trust and reliability, essential components in building long-term relationships with suppliers. A well-respected brand often implies a history of fair dealings, prompt payments, and mutual respect, which can make suppliers more willing to negotiate favourable terms. This trust can be particularly vital in times of supply chain disruptions or market volatility. Suppliers are more likely to extend credit or expedite orders for trusted partners, which can be invaluable for maintaining uninterrupted operations.
Influencing Quality and Sustainability Standards:
An organization's brand also communicates its commitment to quality and sustainability, which are increasingly crucial in procurement decisions. Suppliers aligning with brands that emphasize high-quality standards are often more diligent in maintaining these standards in their products and services. Additionally, a strong brand committed to sustainability can drive supply chain practices that align with environmental and social governance (ESG) principles. This commitment can lead to long-term cost savings, risk mitigation, and enhanced brand loyalty among environmentally conscious consumers.
Brand Image and Consumer Perception:
The procurement function directly impacts the final product quality, which in turn affects consumer perception of the brand. An organization's ability to procure high-quality, ethically sourced materials can significantly enhance its brand image and appeal to a broader customer base. For instance, a fashion brand's commitment to ethical sourcing and procurement of sustainable materials can bolster its image as an environmentally responsible brand, appealing to a growing demographic of eco-conscious consumers. The reverse is also true, brands associated with child or forced labour where this is found to be in their supply chains can suffer from loss of customers, revenue and reputation as well as potentially even legal consequences.
Internal Branding and Employee Engagement in Procurement:
Internal branding, the way an organization's values and culture are perceived by its employees, plays a crucial role in procurement. Employees who are proud of their organization's brand are more likely to engage deeply with their work, leading to better performance in procurement roles. This engagement can result in more innovative procurement strategies, improved vendor management, and a greater focus on aligning procurement practices with the organization’s overall strategic goals.
Conclusion:
The role of an organization's branding in procurement and supply operations is deeply impactful. A strong brand can create competitive advantages, foster better supplier relationships, influence quality and sustainability standards, enhance consumer perception, and drive employee engagement. In the modern business world, where supply chains are complex and consumer expectations are high, branding is not just a marketing tool but a strategic asset in procurement and supply operations. Organizations that recognize and leverage the power of their brand within these operations are poised to achieve greater efficiency, sustainability, and overall success.
Tutor Notes
- This is a really random section of the study guide and doesn’t really relate to the rest of the content. Branding comes up on p.226 – 228. It therefore can come up as a question, but because it’s such as small part of the syllabus, don’t focus too much effort on this subject.
- If you remember one line from this topic it’s this: “branding is not just a marketing tool but a strategic asset in procurement and supply operations”
- This type of question could come up as a scenario / case study. E.g. How does the branding of X Company impact upon their supply chain.
Explain the following terms: outsourced procurement, shared service unit (SSU) and consortium procurement. What are the advantages and disadvantages of each approach to procurement? (25 points)
See the solution in Explanation part below.
How to approach this question:
- There are 3 terms and an advantage and disadvantage for each you need to talk about. So that’s 9 things. Out of 25 points you can see you’ll probably only get 1-2 points for each aspect of the question. That shows you the level of detail you need to include – not that much!
- In terms of structure feel free to use headings and bullet points for this one
Example Essay
Outsourced procurement, shared service units (SSUs), and consortium procurement are distinct approaches to managing procurement activities within organizations. Each method carries its own set of advantages and disadvantages, catering to different organizational needs and circumstances.
Outsourced Procurement: Outsourced procurement involves engaging a procurement consultant or an external organization to provide advice or handle the entire procurement process on behalf of the company. The advantages of outsourced procurement are that it frees up internal resources, allowing them to focus on other tasks. The expertise and skills brought by external consultants can also fill gaps in the organization's capabilities. Moreover, this approach is flexible, adapting well to irregular procurement needs. However, drawbacks include a potential loss of control, higher costs, the need for an additional management layer, and the risk of losing intellectual property (IP).
Shared Service Unit (SSU): A Shared Service Unit is an internal procurement support function within an organization that various divisions can access for assistance, resembling the outsourcing concept but within the organizational structure. The advantages of SSUs lie in potential cost savings, the ability to aggregate demand, and the establishment of common standards and processes across the company. The expertise utilized is internal, providing a sense of familiarity. The disadvantage is that measuring the success of an SSU can be challenging, and there is a risk of stifling innovation. The unit may also be perceived as remote from end users, and procurement processes might be slower due to serving multiple departments.
Consortium Procurement: Consortium procurement involves a collective effort where separate organizations join forces to purchase goods, thereby increasing their bargaining power. The advantages of this approach are in the aggregated demand, resulting in more economical purchases. Pooling knowledge and expertise within the consortium enhances the collective capabilities of its members, providing a sense of safety in numbers. However, disadvantages include a potential loss of individual organizational power, prolonged decision-making processes within the consortium, challenges in responding quickly to demands, and the potential hindrance to small and medium-sized enterprises (SMEs) competing if demand is aggregated.
In conclusion, organizations must carefully consider their specific needs, priorities, and the nature of their procurement requirements when choosing between outsourced procurement, SSUs, or consortium procurement. Each approach offers unique benefits and challenges, and the decision-making process should align with the organization's overall goals and strategies.
Tutor Notes:
- I’ve named lots of advantages and disadvantages for each of the models. 1-2 advantages and disadvantages of each is all you need to secure you the marks. Remember you only have 35 minutes to write this. A danger with this type of question is spending too long on one aspect of the question and running out of time to answer the rest of it.
- A good idea is to pace yourself and give yourself 10 minutes per term (outsourced, SSU and consortium) then 5 minutes at the end to review and edit your response.
- Some further details you may wish to include:
- Outsourced procurement – this is often used when the organisation doesn’t have the expertise to procure the item they need. This often happens for complex / technical procurements or highly regulated industries. An example may be a housing provider who runs a block of flats where the lift has just broken down and cannot be fixed. They need to procure a new lift but have no idea how to write a specification for this as they don’t have the technical knowledge of how lifts work. Hiring a consultant who is experienced in tendering for lifts, although expensive, may actually save money by reducing the risk of procuring the wrong thing.
- SSU – a Shared Service Unit acts as a support function for the organisation. This is described in Porter’s Value Chain- all other departments can call on the SSU when they require assistance. The SSU is responsible for managing its own costs, employs its own resources and may have contractual agreements with other divisions. The main aim of the SSU is to add value. SSUs are common in large organisations where the core activities don’t revolve around procurement (such as finance and service industries).
- Consortium – Consortium buying is encouraged in the public sector in order to maximise value for money. Consortiums can create their own Frameworks. There is a risk that large consortia can abuse their dominant market position.
- LO 3.3 p. 161
Explain each of the following FIVE electronic systems and how
they can contribute to an effective procurement process. (25
marks)
(i) e-requisitioning
(ii) e-catalogues
(iii) e.ordering
(iv) e-sourcing
(v) e-payment
See the solution in Explanation part below.
Electronic procurement systems leverage technology to improve efficiency, transparency, and control in procurement processes. Each system has distinct functionalities that contribute to effective procurement. Below is an explanation of each system and its contribution:
(i) E-Requisitioning
Explanation:E-requisitioning is the electronic process of submitting purchase requests within an organization, replacing traditional paper-based requisition forms. Users can raise requisitions online, detailing the goods or services needed.
Contribution to Procurement Effectiveness:E-requisitioning accelerates the request process, reduces errors, and ensures standardization of data. It enables automatic routing for approvals, enforcing procurement policies and budget controls. This reduces processing time and improves transparency, allowing better tracking and auditability of requests.
Example:An employee submits an electronic requisition which is automatically routed to managers for approval, ensuring compliance and faster processing.
(ii) E-Catalogues
Explanation:E-catalogues are digital product listings maintained by suppliers or procurement departments. They provide a searchable and standardized database of goods and services available for purchase, often with pricing and technical details.
Contribution to Procurement Effectiveness:E-catalogues simplify ordering by giving users easy access to approved products, reducing the need for manual sourcing. They help control spending by limiting choices to pre-approved items and negotiated prices, supporting compliance and reducing maverick spending. The electronic format improves accuracy in ordering and reduces processing time.
Example:Procurement users select products directly from a supplier’s e-catalogue integrated into the procurement system, ensuring correct specifications and pricing.
(iii) E-Ordering
Explanation:E-ordering refers to the electronic placement of purchase orders via procurement software or online platforms. It replaces manual order creation and transmission methods.
Contribution to Procurement Effectiveness:E-ordering increases speed and accuracy of orders, reduces administrative costs, and provides real-time order status tracking. It minimizes errors caused by manual entry, improves communication with suppliers, and supports automatic matching of orders with invoices for smoother payment processes.
Example:Once a requisition is approved, the system generates an electronic purchase order sent directly to the supplier, reducing lead times.
(iv) E-Sourcing
Explanation:E-sourcing is the electronic process of identifying, evaluating, and selecting suppliers using online tools such as auctions, tendering portals, and supplier databases.
Contribution to Procurement Effectiveness:E-sourcing enhances transparency, widens supplier competition, and accelerates the tendering process. It reduces paperwork and streamlines supplier evaluation through standardized online submissions. Electronic auctions can drive competitive pricing and better contract terms. It also enables better documentation and audit trails.
Example:An organization uses an e-sourcing platform to conduct a reverse auction, encouraging suppliers to offer their best prices in real time.
(v) E-Payment
Explanation:E-payment systems facilitate electronic transfer of funds to suppliers, including methods such as electronic funds transfer (EFT), automated clearing house (ACH) payments, or procurement card payments.
Contribution to Procurement Effectiveness:E-payment increases the efficiency and security of supplier payments, reduces errors, and speeds up transaction processing. It strengthens supplier relationships through timely payments and reduces administrative overhead and costs associated with manual cheque processing. Automated payments also support better cash flow management and financial control.
Example:Invoices matched and approved in the procurement system are paid automatically through an integrated e-payment platform, ensuring prompt settlement.
Conclusion:
The integration of these five electronic procurement systems — e-requisitioning, e-catalogues, e-ordering, e-sourcing, and e-payment — delivers significant improvements in procurement efficiency, control, and transparency. Together, they streamline processes, reduce costs, enhance compliance, and improve supplier collaboration, making the procurement function more strategic and value-driven.
Explain FIVE ways conflicts of interest could be managed by effective corporate governance. (25 marks)
See the solution in Explanation part below.
Five Ways to Manage Conflicts of Interest Through Effective Corporate Governance
Conflicts of interest arise when an individual or entity has competing personal and professional interests that could compromise their judgment or decision-making in business transactions. Effective corporate governance ensures that such conflicts are identified, managed, and mitigated to uphold transparency, integrity, and accountability within an organization. Below are five ways corporate governance can help manage conflicts of interest:
1. Establishing Clear Policies and Codes of Conduct
Organizations should implement formal policies that outline what constitutes a conflict of interest and how employees and stakeholders should handle such situations.
Effectiveness:
Provides clear guidelines on ethical behavior.
Ensures employees disclose conflicts before engaging in business transactions.
Sets disciplinary actions for non-compliance.
2. Mandatory Disclosure of Interests
Employees, board members, and executives should be required to declare financial, personal, or business interests that may conflict with their duties.
Effectiveness:
Enhances transparency in procurement and business dealings.
Prevents individuals from unduly influencing decisions for personal gain.
Enables proactive identification of potential conflicts before they escalate.
3. Implementing Independent Oversight and Decision-Making Structures
Establishing independent committees such as audit, risk, and procurement committees to oversee critical decision-making.
Effectiveness:
Ensures decisions are made objectively, reducing the risk of favoritism or unethical influence.
Promotes accountability by having multiple parties involved in key transactions.
Prevents a concentration of power in one individual or department.
4. Whistleblowing Mechanisms and Ethical Reporting Channels
Organizations should provide anonymous reporting mechanisms for employees to report unethical behavior or conflicts of interest.
Effectiveness:
Encourages a culture of transparency and ethical behavior.
Protects whistleblowers from retaliation.
Allows management to address conflicts before they result in financial or reputational damage.
5. Regular Audits and Compliance Monitoring
Conducting periodic internal and external audits to detect and investigate potential conflicts of interest.
Effectiveness:
Helps identify patterns of unethical behavior.
Ensures continuous improvement in governance practices.
Reinforces a compliance-driven corporate culture.
Conclusion
By implementing these governance strategies, organizations can effectively manage conflicts of interest, reduce risks associated with unethical practices, and ensure decisions are made in the best interest of stakeholders. Effective corporate governance fosters trust, accountability, and long-term business sustainability.
Discuss 3 areas of regulation relating to competition that a procurement professional should be aware of (25 points)
See the solution in Explanation part below.
How to approach this question
- This question is very vague. Sometimes CIPS do this. It allows for you to be a bit more free in your response, but can also be quite stressful because you don’t 100% know what they’re after.
- For this question we’re looking at competitions, so full tenders where lots of suppliers are invited to bid for an opportunity. This means the type of things we could be discussing include; IP, cartels, merger controls and monopolies.
Example Essay
Procurement professionals operate within a legal framework that regulates competition, aiming to ensure fair business practices and prevent anti-competitive behaviour. Three critical areas of regulation related to competition that procurement professionals should be aware of include intellectual property, cartels, and merger controls.
Intellectual Property (IP):
Intellectual property encompasses creations of the mind, such as inventions, designs, and brand names, protected by law. In the context of procurement, understanding intellectual property is essential when dealing with suppliers' products, technologies, or services that may involve intellectual property rights.
Procurement professionals must be aware of the intellectual property rights associated with the goods or services they are procuring. This includes respecting patents, trademarks, copyrights, and trade secrets owned by suppliers. Due diligence is crucial to ensure that the products or services being procured do not infringe on the intellectual property rights of others, requiring verification of legal ownership and legitimacy. An example of something procurement should look out for include ensuring goods are authentic and not counterfeit.
Cartels:
Cartels involve agreements between competitors to control prices, manipulate markets, or restrict competition. For procurement professionals, it is imperative to be vigilant and avoid engaging in or unintentionally supporting cartel activities. Procurement professionals should refrain from participating in anti-competitive behaviour, such as bid-rigging or price-fixing, which are common cartel activities. This involves not colluding with suppliers or competitors to manipulate procurement processes. Maintaining open and fair competition is essential, ensuring that procurement processes remain transparent, competitive, and free from attempts to distort market dynamics, thereby preventing the formation of cartels and promoting a level playing field.
One notable example involved the construction industry in the UK. In 2019, the Competition and Markets Authority (CMA) fined three major suppliers to the construction industry for participating in a cartel. The companies, which supplied concrete drainage products, were found to have coordinated their behaviour to share markets, fix prices, and rig bids. The investigation revealed that these companies had breached competition law by engaging in anti-competitive practices that limited competition and negatively impacted customers. The fines imposed were part of the CMA's efforts to deter and penalize such cartel behaviour, emphasizing the importance of fair competition in procurement. The Directors of the companies have also been banned from undertaking the role of Director of any company for 12 years.
Merger Controls:
Merger controls are regulations overseeing the consolidation of companies, mergers, and acquisitions to prevent monopolistic practices and protect fair competition. Procurement professionals need to be aware of these regulations, especially when dealing with suppliers undergoing mergers or acquisitions.
Staying informed about mergers and acquisitions within the supplier base is crucial. If a key supplier undergoes such changes, it may impact the stability of the supply chain or alter market dynamics. Procurement professionals need to be aware of potential changes in supplier relationships, pricing structures, or product/service availability resulting from mergers. Engaging in proactive risk management and contingency planning is necessary to mitigate any negative impacts on procurement operations.
Mergers are actively watched in the UK by the Competition and Markets Authority, and where rules are broken, the CMA can intervene and even prevent mergers from happening. A notable example of this was the attempted merger between JD Sports and Footasylum – the companies were fined millions of pounds for exchanging information and attempting to collude and distort the marketplace.
In conclusion, procurement professionals play a crucial role in navigating these regulatory landscapes effectively. Understanding intellectual property, avoiding cartel activities, and staying informed about merger controls contribute to fostering fair and transparent competition within the marketplace.
Tutor Notes
- The construction example of a cartel can be found here Supply of precast concrete drainage products: civil investigation - GOV.UK (www.gov.uk) but feel free to use your own!
- The JD/ Footasylum one is here: JD Sports and Footasylum fined £4.7m for competition breach - BBC News. Basically, the CMA got involved because the two firms were sharing private information and having secret meetings, with the intention that they could combine. The CMA thought it was super dodgy and that it would distort the trainer / footwear market in the UK so they fined the companies and told them to stop it.
- The study guide is a bit light on this topic, so I would do a bit of extra research and have an example in your back pocket for if you need it. P. 142
If you want an example of IP issues- Shein is a great company to look at- ‘They took my world’: fashion giant Shein accused of art theft | Art and design | The Guardian
Describe 3 stages of the sourcing cycle that occur in the post-contract award stage (25 marks)
See the solution in Explanation part below.
How to approach the question
Your answer should provide details on 3 of the following:
- Contract Award and Implementation
- Warehouse Logistics
- Contract performance and Improvement
- Supplier Relationship Management
- Asset Management
Because the question is only asking for 3 stages, you’re going to have to go much more into detail for each stage, giving lots of information about why each stage is important and examples. You could consider thinking of an example procurement you have done recently and explaining the stages for that. Or you could take a hypothetical procurement too. Either will get you the same marks. Pick the three that you can write the most about.
Essay Plan
Introduction – explain that sourcing of goods and the role of Procurement doesn’t end once a contract is signed. There is ongoing management and processes which must be carried out to ensure success.
Paragraph 1 – Contract Performance and Improvement
· This is about ensuring contract obligations are fulfilled. Contract administration includes P2P procedures, database management, budgeting / costs monitoring, reporting and dispute resolution
· Procurement’s role may be in managing contract performance through the use of SLAs and / or KPIs. This can be done via reporting, using a Supplier Scorecard and meeting regularly to discuss.
· It’s important KPIs are measured and that there are consequences for failing to meet them. An example of consequences could be using a Performance Improvement Plan.
· Contract Management also includes updating the contract where required – e.g. issuing variations to contract and updating the change control log
· Another important aspect of this is ensuring the costs remain within scope of the budget
· Contract performance can be compared if you have several suppliers delivering the same goods- could use a Factor Rating Method.
· Performance could be measured against several criteria such as on time deliveries, response time of supplier, number of complaints.
Paragraph 2 – Supplier Relationship Management
· There is a difference between managing the contract and managing the supplier relationship. It’s possible to have excellent contract performance and a terrible relationship. However, the two are generally linked- where there is a good relationship, the contract often performs well.
· The supplier management approach depends on where the relationship falls on the relationship spectrum (e.g. transactional or collaborative)
· This involves; maintaining regular contact with the supplier, motivating the supplier, working collaboratively with them (e.g. on performance issues or resolving any disputes)
· Incentivising the supplier leads to collaboration and mutual support
· To assess or rank suppliers you could use a vendor rating method or supplier evaluation forms
· Supplier relationship management may involve investing in the supplier- e.g. through training or technology sharing
Paragraph 3 – Asset Management
· Includes creating a post contract ‘lessons-learned’
· Assessments should be carried out to determine if business requirements have changed, whether the agreement is still required and fit for purpose, what can be learnt from the process and how improvements can be incorporated next time.
· This is the final stage of the Procurement Cycle and takes us back to the start of cycle, which begins again when the item needs to be reprocured
· Whole life costing should be considered at this stage: this is the total cost of ownership over the life of an asset. The concept is also known as life-cycle cost (LCC) or lifetime cost, and is commonly referred to as "cradle to grave" or "womb to tomb" costs.
· Generally used on large purchases such as machinery and vehicles. Full Asset Management may not necessary for direct cost items such as raw materials incorporated into final goods.
· Considerations may include; costs of running the asset, how long it will perform, insurance, maintenance, opportunity costs, disposing of the asset.
· Also consider environmental and social impacts of the procurement.
Conclusion – it is important that procurement are involved at every stage of the cycle, not just in the pre-award stages. Procurement can add value at every stage.
Tutor Notes
- Depending on the examples you choose to use, you could talk about how the type of item procured could impact on the different stages. For example, high risk purchases may require more contract management than low risk purchases, and capital expenditure items such as new machinery may require more attention to the Asset Management stage.
- You could also think about how procurement adds value at each of the stages.
- Study guide p. 79