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1-Holding everything else constant, an increase in the growth
rate of the money supply will cause the AD curve to
not shift at all.
shift outward.
shift randomly.
shift inward.
2-In the AD-AS model, which curve would be irrelevant if
prices and wages were perfectly flexible?
A. Long-Run Aggregate Supply
B. Long-Run Aggregate Demand
C. Short-Run Aggregate Supply
D. Aggregate Demand
3-An increase in the expected inflation rate will cause the
LRAS curve to:
A. do nothing.
B. shift right.
C. flatten out.
D. shift left.
4-When consumers suddenly become more pessimistic about the
economy, the stock shifts the:
A. LRAS curve outward, reducing the real growth rate in the
short run.
B. AD curve inward, reducing the real growth rate in the short
run.
C. AD curve outward, reducing the real growth rate in the short
run.
D. LRAS curve inward, reducing the real growth rate in the
short run.
5-Which of the following would cause the AD curve to shift to
the left?
A. lower growth rate of output
B. decreased government purchases
C. higher government budget deficits
D. lower taxes
6-A temporary decrease in consumer spending causes:
A. a decrease in the economy's long-run potential growth rate
B. a decrease in velocity growth
C. an upward shift of the SRAS curve.
D. a decrease in money growth
7-Which of the following best describes the conditions of the
Great Depression?
A. Real GDP growth was negative while inflation was very
high.
B. Both real GDP growth and inflation were historically high.
C. Real GDP was high while inflation was negative.
D. Both real GDP growth and inflation were negative.
8- Menu costs are the costs associated with changing:
A. jobs.
B. wages.
C. prices.
D. expected inflation.
9-A temporary positive shock to spending growth will lead to an
increase in:
A. output and inflation in the short run, but no change in either
in the long run.
B. output in both the short and long run.
C. both inflation and output in the short run, but only output in
the long run.
D. both inflation and output in the short run, but only inflation
in the long run.
10- Which of the following describes the process through
which a major decline in the stock market leads to a change in
Aggregate Demand?
A. Banking panics lead to a removal of deposit insurance and a
negative AD shock.
B. A stock market bubble bursts, and this leads to a negative
supply shock.
C. Reductions in consumer wealth produce a negative AD
shock.
D. Increase in net exports produce a negative AD shock.
11-
A. 10%
B. 4%
C. 7%
D. 3%
12-
A. 3%
B. 7%
C. 4%
D. 10%
13-
A. -0.5%
B. 6.5%
C. 7%
D. 3%
14-
A. 6.5%
B. -0.5%
C. 0.5%
D. 2%
15-
A. Workers increase their inflationary expectations so that the
economy moves to point A.
B. Workers decrease their inflationary expectations so that the
economy moves to point C.
C. Workers increase their inflationary expectations so that the
economy moves to point C.
D. Workers decrease their inflationary expectations so that the
economy moves to point A.
16-In 2011 a major earthquake and tsunami destroyed much of
the capital infrastructure in Japan. Those natural disasters were
an example of:
A. negative shock to AD.
B. positive shock to LRAS.
C. positive shock to AD.
D. negative shock to LRAS.
17-In the basic model that includes the AD and LRAS
only, increased spending growth causes:
A. a higher real growth rate, but no change in the inflation
rate.a
B. a higher inflation rate, but no change in the growth rate.
C. a lower inflation rate, but no change in the real growth rate.
D. a lower real growth rate, but no change in the inflation rate.
18-In the basic model that includes the AD and LRAS curves
only, a shock that reduces the velocity of money growth by two
percentage points causes
A. a decrease in real growth by two percentage points, a
decrease in inflation by two percentage points, or both.
B. a decrease in the inflation rate by two percentage points.
C. an increase in the inflation rate of less than two percentage
points.
D. an increase in the inflation rate by two percentage points.
19-If nominal spending growth is 5%, velocity of money growth
is 2%, and the economy is in recession at a -1% real growth
rate, what is the inflation rate?
A. 8%
B. 4%
C. 6%
D. 3%
20-Business fluctuations are fluctuations in the:
A. growth rate of real GDP around its trend growth rate.
B. growth rate of nominal GDP around its trend growth rate.
C. level of nominal GDP around its long-term trend
D. level of real GDP around its long-term trend
21-The aggregate demand curve shows all the combinations of
_______________ and _______________ that are consistent
with a specified rate of _______________.
A. prices; real GDP; spending
B. prices; real GNP; money supply
C. inflation; real GDP growth; spending growth
D. inflation; nominal GDP growth; money supply
22-If π > Eπ
A. firm profits will increase.
B. money growth will cause the SRAS curve to shift to the
right.
C. money growth will cause the SRAS curve to shift to the left.
D. there will be no change in real GDP growth because it is
determined by real factors of production.
23-Why could high rates of inflation cause the velocity of
money to increase?
A. The more money loses its value, the faster people try to
spend it.
B. The more inflation there is, the more there is to purchase.
C. The more people earn the faster they spend it.
D. The more people earn, the faster prices rise.
24-Using a graph of AD and LRAS curves, the shock to oil
prices in the 1970s caused:
A. real GDP growth to be unchanged and inflation to decrease.
B. real GDP growth to increase and inflation to decrease.
C. real GDP growth to be unchanged and inflation to increase.
D. real GDP growth to decrease and inflation to increase.
25-Because of sticky prices and wages, negative AD shocks lead
to:
A. small changes in inflation but large changes in
unemployment.
B. large changes in inflation but small changes in
unemployment.
C. negligible changes in both inflation and unemployment.
D. significant changes in both inflation and unemployment
DEVELOPING CONTRACTS IN PROCUREMENT AND
SUPPLY
DEVELOPING CONTRACTS IN PROCUREMENT AND
SUPPLY 12
Table of Contents
Terms and conditions 2
Terms and conditions in management of risks 4
Concept of ‘battle of the forms’ 8
Ensuring agreement is carried out under own terms and
conditions 9
Monitoring and managing performance measures 10
Reference 12
Terms and conditions
Definitions
‘Conditions’ means the terms and conditions that are outlined in
this document
‘Contract’ refers to the agreement made between the parties for
sale and purchase of goods
‘Goods’ refers to the deliverables as set out in purchase order
‘Order’ means the purchase order presented to the supplier with
listing of goods to be supplied
‘Supplier’ refers to the party contracted to deliver goods
1. Prices and payment
1.1. All the prices that have been quoted will remain fixed as
agreed on the purchase order and expressed in US dollars ($).
1.2. The prices are exclusive of VAT but includes all other
applicable taxes as well as incidental cost likely to be incurred.
1.3. The price is also inclusive of any packaging, insurance,
customs and delivery costs to be incurred by the supplier as per
the specified descriptions in the agreement
1.4. The invoice shall be presented upon delivery of the goods
and payment will be made within a period of 30 days upon
inspection of the goods to ensure that they meet the necessary
standards.
1.5. Payment shall be made through a cheque addressed to the
bank that has been nominated by the supplier in writing
2. Delivery of goods
2.1. The supplier will be responsible for ensuring that the goods
are delivered to the agreed premises.
2.2. The goods shall be supplied on the specific date that has
been stated on the purchase order. If the date has not be stated,
the goods shall be delivered within 5 days
2.3. Any delivery after the agreed time shall be deemed a
default by the supplier and he shall be liable to pay for any
damages incurred as a result of the delay
2.4. The goods shall be properly package and secured to ensure
that they get to the agreed location without any damages
2.5. The supplier will attach a delivery note in the consignment.
It will include details such as the date and number of the order
as well as the details of the goods being delivered.
2.6. The delivery process shall be deemed complete once all the
goods have been unloaded at the stated location
3. Quality of goods
3.1. The supplier shall be responsible for ensuring that all the
delivered goods meet the required quality standards
3.2. The goods shall meet the set specifications on the purchase
order
3.3. The supplier will ensure that the goods delivered are in the
right condition. This will include the right design and materials.
3.4. The goods shall be available to be inspected and tested for
quality purposes at any point before they are delivered.
3.5. Any goods that will not meet the required standards of
quality shall not be accepted
4. Confidentiality
4.1. The supplier shall ensure that all information provided is
kept confidential and not exposed or furnished to any third
party.
4.2. There shall be no public announcement or disclosure of the
agreed contract
4.3. The supplier shall ensure that the staff understand the need
to ensure confidentiality of the contract and its contents
4.4. Any case of disclosure shall be deemed a default by the
supplier and he will be required to pay for the damages caused
5. Ethics
5.1. The supplier shall remain ethical in all dealings in the
production of goods and not engage in any unethical act that can
portray the two parties as being unethical
5.2. The supplier shall disclose all the process of production for
inspection and review to ensure that ethics has been upheld
5.3. Any case of unethical conduct reported about the supplier
shall result to termination of the contract with no compensation
for any work in progress
5.4. If there are cases of supply of goods produced unethically
the supplier shall be deemed to have defaulted and will be
required to pay for any damages caused
6. Termination
6.1. The contract may be terminated in whole or part any time
before the goods ordered are delivered. This will be done by
giving the supplier a notice where compensation shall be made
for ongoing work.
6.2. The contract shall be terminated with immediate effect if
there is prove of breach of the terms in the contract or
involvement in unethical practices. Terms and conditions in
management of risks
i. Managing risk of poor quality
The set terms and conditions ensures that the suppliers do not
compromise on the quality of the products supplied. It has for
instance been pointed out that it is the responsibility of the
supplier to ensure that the goods supplied are of the required
quality and meet the specifications in the purchase order. This
is also emphasis on the design and the materials that are used to
make the products which have to be of the right standards. In
addition, the terms and conditions states clearly that any goods
that do not meet the right quality will not be accepted. This
ensures that the supplier focuses on quality and ensures that
there is no compromise. This will also apply to the process of
packaging and delivering the goods where the supplier will
ensure that they are handled properly to avoid any damages. It
has also been stated that the goods shall be available for
inspection and testing before the delivery is made. This means
that there is an opportunity to inspect the goods in the
production process to ensure that the right materials are being
used and that all the production processes are being undertaken
in the right manner. In this way there is a greater assurance of
delivery of quality goods as opposed to allowing the supplier to
work without any specifications or inspecting the goods in the
production process to ensure that the right material are being
used (Walter, 2001).
ii. Managing risk of time extension
When contracting there is a risk of time extension where the
contracted supplier may not be able to deliver the goods ordered
at the right time and they will want to seek time extension. This
could however mean that the organization will not be able to
deliver on its obligations to the customers. It may also mean
that there will be stoppages in the production process as a result
of lack of materials for production due to the delays by the
supplier. This is costly for the organization as it results to loss
of trust by the customers and other costs such as idle time by
the production employees. For this reason, the terms and
conditions states that the goods that have been ordered for shall
be delivered on the agreed date with no delay. If there is no
such agreed day, the supplier will be required to deliver within
5 days from the time when the order is made. The supplier must
confirm that they are able to meet this deadline and will not
need any extensions. In addition, it has been stated that the
supplier will be required for any damages that will be incurred
as a result of the delay. This could include damages as the lost
sales as a result of cancelled orders by customers due to delays
as well as the idle time by the employees as a result of
stoppages in the production process. These terms therefore
ensure that the supplier remains committed to ensuring that the
deliveries are made at the right time to avoid paying for the
damages (Heim, 2008).
iii. Managing risk of increased cost
There is a risk of increased costs in the process of contacting
for supplies where the supplier may want to increase the prices
in as a result of the changes in the market conditions and market
rates. This would be costly as it would mean that the goods have
to be sold at a higher cost to cover for the increased input cost.
This kind of price increases will however be prevented given
the fact that the terms and conditions state clearly that the price
quoted will remain fixed. This means that the supplier has to
stick to the agreed prices despite the changes in the market
trends. In addition, the currency in which the prices are set is
also stated clearly which means that the supplier cannot decide
to use a different currency which would result to increased
prices as a result of the exchange rate costs. In addition, the
terms and condition identify the taxes that have been included
in the price and the tax that has not been included in the price.
The price for instance is exclusive of VAT which means that the
supplier cannot decide to include the VAT on the price stated in
the invoice presented. The terms and conditions also help to
avoid cases of price increase by ensuring that all the additional
costs that are incurred in packaging, insurance and delivery
which means that the supplier cannot decide to charge these
costs separately which would mean an increase in the overall
cost per product that is paid to the supplier. The terms and
conditions therefore are effective in ensuring that there is no
risk of price increase for the goods that have already been
ordered (Nagle, 2006).
iv. Managing risk of unethical practice
Another common risk in the procurement and supply contracts
is the risk of unethical conduct by the supplier which could
have negative impacts to the image of the organization. If the
supplier engages in unethical practices such as corruption,
forced labor or illegal acts in the production process could
result to an organization being viewed as being unethical as
well for purchasing products. For this reason it is important to
ensure that the supplier does not expose the organization to
ethical issues by supplying goods that are produced using
unethical practices. For this reason, the terms and conditions
states that the supplier will need to ensure that all the goods
that are supplied are produced using ethical process. It also
states that the supplier will need to disclose all the process of
production of the supplied goods where needed. This will offer
an opportunity to establish any cases of unethical practices
which could pose a threat to the image of the organization. In
order to safeguard the interests of the organization, the terms
and conditions states that any case of unethical practices that
has been reported or established will result to termination of the
procurement contract. This will ensure that the supplier does
not compromise on ethics when supplying goods and will ensure
that all the processes in the production of the goods are ethical.
To further cover the risks that the organization is exposed to,
the terms and condition also point out the fact that the supplier
will pay for any damages incurred as a result of ethical issues
arising from supplied goods. Such damages will include lost
sales due to the damaged reputation of the organization in the
public domain (Oliver, 2008). Concept of ‘battle of the forms’
Battle of forms can be described as the scenario where a legal
dispute arises between two parties that are contracting as a
result of each party insisting on its own standard terms. In this
case both parties come to an agreement that they are entering a
contract that will be binding. They are however not able to
settle on the terms and conditions that will apply as each of the
parties insists on the terms that are favorable to them. It starts
with one of the parties or businesses making an offer which is
usually in the form of a pre-printed contract that has his own
terms. The party that is being offered the contract also responds
with its own contract that also has a set of terms and condition
which are favorable to them (Shahar, 2005).
The battle of forms therefore arises when each of the parties
fails to agree to the terms provided by the other party given the
fact that the terms are only favorable to the respective party that
is drafting and in most cases they contradict each other. The
battle is eventually won by the party that presents the terms that
are not explicitly declined by the other party and as such the
contracts becomes valid. A good example of ‘battle of forms’ is
in a case where a company purchasing delivers a purchase order
to the supplier. The order however has a list of standard terms
that are one-sided and only favorable to the company that is
making the purchase and not good for the supplier. In response,
the supplier sends an acknowledgement form that also has a list
of standard terms that are only favorable to the vendor and
which in fact are the opposite to the terms that are presented by
the purchaser (Steensgaard, 2015). Ensuring agreement is
carried out under own terms and conditions
There are various ways to ensure that the agreement is carried
out under own terms and conditions. One of these is ensuring
that the terms are reasonable and that they are not one sided
hence making it difficult for the other party to cope with. The
terms should be reasonable enough where each party feels that
they are fair and not biased towards one side. In addition, it
should be easy to demonstrate the reasons as to why the terms
and conditions have been set and the consequences that may
arise as a result of failing to comply with the terms. As such it
will be possible to convince the other party that they are good
for both of them (Oliver, 2008).
Another way to ensure that the terms are accepted by the other
contracting party is to ensure that they are communicated early
in advance. This ensures that the party develops an early
perception of what to expect which will make it easier for them
to accept the terms. This is as opposed to presenting the terms
at the point when the contract is being signed when the other
party has no considerable time to reflect on the implications of
the terms. Presenting the terms and conditions at the last minute
could result to the other party suspecting that there are hidden
clauses which will not be favorable for them hence failing to
agree to the terms (Thorpe, 2009).
An organization can also ensure that own terms are applied in
the contract by ensuring that the terms set are in line with the
general industry terms and conditions. There are common terms
that are applicable in contracts between hotels and suppliers for
instance. Setting own terms which are close to the general terms
and conditions that are applied in the industry makes it easier
for the other party to agree to work with those terms. This is
because they are used to them and will find it easy to cope.
Where possible, the set terms and conditions should be closely
aligned to those that were applied in similar contracts between
the two parties before (Lawson, 2011). Monitoring and
managing performance measures
The management and monitoring of the key measures under the
contract is achieved by ensuring that the supplier gets a good
understanding of the terms and conditions. The terms and
conditions outlines some of the key performance measures
under the contract such as timeliness and quality of the goods
that are delivered. Going through the terms and conditions
therefore ensures that the supplier has a good understanding of
the performance measures and what will be used to judge their
performance. The terms and conditions ensure monitoring and
management of relevant performance measures by ensuring that
the organization has the ability to collect and analyze the
necessary information in the production process. By collecting
information on the production procedures, the organization is
able to establish if the organization meets the necessary quality
and ethical standards are met. Any form of compromise on the
key performance indicators is established early in advance for
necessary action to be taken (Poppo, 2014).
The terms and conditions also allows for the inspection of
goods during the production process, before they are packaged
and when they are delivered. Inspection and teasing during the
production process ensures that the right materials are used and
that the processes are effective. The goods are also inspected
before packaging to ensure that only products of high quality
are packaged and also after delivery to ensure that they are in
the right condition. The terms and conditions as such enables
the organization to ensure that the suppler is effective enough
and guarantees delivery of quality products which is a key
performance measure. This provision also ensures that the
organization does not have to wait until the supplier fails to
deliver based on the performance measures in order to raise
alarm. The organization may notice weaknesses in the
production process where it will be in a position to raise the
issue early in advance to avoid delivery of goods that do not
meet the set standards (Gray & Handley, 2015).
The organization will be able to give feedback to the supplier
on the assessment made in a professional and constructive
manner. This applies in the cases where it feels that the supplier
is not in line with the performance measures either as a result of
compromise on quality, timeliness, ethical issues or any other
concerns. In this way the two parties are able to work together
to come up with the necessary changes to ensure that the
supplier is able to function in line with the performance
measures.
The terms and conditions clearly outlines the consequences of
the supplier failing to meet the performance measures of the
contract. It cites for instance the penalties that are to come
about as a result of failure to deliver the right goods at the right
time where he has to pay for the damages caused. This also
applies to the liability for damages arising from ethical issues.
Other consequences include the termination of contracts as a
result of default by the supplier or failure to meet the
performance measures. The consequences that are outlined in
the terms and conditions makes it possible to manage the
supplier in order to ensure that they meet the performance
measures under the contract (Poppo, 2014).
Reference
Gray, J. V., & Handley, S. M. (2015). Managing contract
manufacturer quality in the presence of performance ambiguity.
Journal of Operations Management, 3841-55
Heim, A. F. (2008). Guide to service subcontract terms and
conditions. Chicago: Strategic Alliances, Teaming and
Subcontracting Committee, Section of Public Contract Law,
American Bar Association
Lawson, R. G. (2011). Exclusion clauses and unfair contract
terms. London: Sweet & Maxwell
Nagle, J. F. (2006). Administration of government contracts.
Washington, D C: George Washington University, National Law
Center, Government Contracts Program
Oliver, R. W., (2008). Terms and conditions of contract. Ascot:
Institute of Purchasing and Supply
Poppo, L., (2014). Managing Contracts for Fairness in Buyer--
Supplier Exchanges. Strategic Management Journal, 35(10),
1508-152
Shahar, O. (2005). An Ex-Ante View of the Battle of the Forms:
Inducing Parties to Draft Reasonable Terms. International
Review of Law & Economics, 25(Conference on Commercial
Law Theory and the Convention on the International Sale of
Goods (CISG), 350-370
Steensgaard, K. (2015). Battle of the forms under the CISG -
one or more solutions? Internationales Handelsrecht, 15(3), 89
Thorpe, C. P. (2009). Commercial contracts: A practical guide
to deals, contracts, agreements and promises. London: Kogan
Page
Walter, W. S. (2001). Sample terms and conditions of printing
contracts for California. Los Angeles, CA: Associations of the
Printing Industries of California
DEVELOPING CONTRACTS IN PROCUREMENT AND
SUPPLY
Assignment
2:
Developing contracts in
procurement and supply
Membership: 005597613
Program name: CIPS
Group Number: 6
DEVELOPING CONTRACTS IN PROCUREMENT AND
SUPPLY
Assignment 2: Developing contracts in
procurement and supply
Membership: 005597613
Program name: CIPS
Group Number: 6
Developing Contracts V2, March 2015 © CIPS 2014, Page 1 of
2
Practitioner Corporate Award
Assessment 2
Module 3: Developing Contracts in Procurement and Supply
Question 1: 100% of the total marks
Tasks
Using a set of your own Terms and Conditions, explain:
(1) How your Terms and conditions ensure that you manage the
risks of poor quality, extension of time,
increased costs and unethical practice.
(2) Explain the concept of the “battle of the forms” and
demonstrate how you could ensure that any
agreement is carried out under your own Terms and Conditions.
(3) How your Terms and Conditions ensure that the relevant
performance measures are monitored and
managed.
Guidance
Your work should consist of approximately 3,000 words and any
source materials such as web sites, reports,
articles, market data, journals or texts should be referred to in
your references or bibliography.
Syllabus Coverage
The following content from the Practitioner syllabus can be
used to answer this assessment:
• The main types of contracts and agreements
• The documentation that is used to create commercial
agreements for the supply of goods, services or
works
• The sources of express terms that can be used to regulate
contracts made for the supply of goods or
services
• The legal issues that relate to the creation of commercial
agreements with customers or suppliers
relating to offers, counter offers, acceptance, and other issues
• Core clauses that comprise commercial agreements with
customers or suppliers
• Key provisions of legislation that relate to contracts for the
supply of goods and services
• The use of contractual KPIs that link to technical and
commercial requirements in contracts
• The main types of risks in the performance of contracts such
as internal, market, economic, legal,
ethical sourcing and performance based risks
• Performance management and ensuring compliance to agreed
standards
• Payment responsibilities in contract management
• Creating targets for assessing the performance of suppliers
based on the SMART (specific,
measurable, achievable, relevant and timely) targets for
performance
Developing Contracts V2, Mar 2015 © CIPS 2014, Page 2 of 2
This assessment helps you achieve the following capabilities:
• Develop appropriate contractual agreements for suppliers with
stakeholders
• Select appropriate contract terms that specifically relate to the
supply of goods, services or works to
be contracted for
• Review processes and procedures for creating contracts to
ensure that all legal requirements are
complied with and recommend any changes required
• Interpret and provide advice to colleagues and stakeholders on
the core clauses of commercial
agreements with customers or suppliers
• Research legislation that relates to contracts for the supply of
goods and services and advise
stakeholders on their implications
• Develop and advise colleagues and stakeholders on the use
and benefits of KPIs applied to technical
and commercial requirements in contracts
• Work with suppliers, internal customers or stakeholders to
achieve added value in procurement and
supply
• Evaluate the potential risks that purchased goods and services
may be subjected to and liaise with
suppliers and stakeholders to create plans to mitigate the
adverse effects of these risks
• Monitor the supply of goods and services to ensure required
performance standards are achieved
• Ensure compliance to, and take remedial actions for any
deviations from contracted payment terms
for purchased goods and services
• Formulate SMART (specific, measurable, achievable, relevant
and timely) targets for supplier
performance and agree their application with suppliers and
stakeholders
• Create improvement plans to correct defective performance or
to mitigate risks for purchased goods
or services
1
5
CORPORATE AWARD PROGRAMME
ASSIGNMENT FRONT SHEET
STUDENT MEMBERSHIP NUMBER
COHORT NAME and NUMBER
Cohort 6
ASSESSMENT Code / Number
AS2
MODULE TITLE
Developing Contracts in Procurement and Supply
SUBMISSION DEADLINE DATE
Second Submission
WORD COUNT
3184
Please do not change or remove the wording in this front sheet
as this is required for all submissions under the Corporate
Award Programme. Any submissions received without the
correct front sheet will be returned to the candidate for
amendment and re-submission and may delay marking.
1. Please ensure that you complete and attach this form to the
front of your submission. It will not be accepted if it as sent as
a separate file to the submission itself.
2. Before submission, please ensure that your name does not
appear anywhere on your work.
3. By submitting your work, you are confirming that your work
is your own and that you have read and understand CIPS rules
regarding plagiarism and the consequences that will arise
should you submit plagiarised work.
Table of Content
1. Executive summary
2. Question
one……………………………………………………………………
….
3. Question two
………………………………………………………………………
4. Question three
……………………………………………………………………
5. Conclusion
Introduction:
Terms and conditions is a set of regulations, which supplier and
customer must agree to follow in order to create a contract.
They will have to agree on terms and conditions of the contract
as well as any possible liabilities in case of a breach of the
contract. As one of the major companies in the world, SABIC
has a set of detailed terms and conditions referred to as
Standard Terms and Conditions in which supplier accepts and
aware of before registering in SABIC as an approved supplier.
Certainly, it is open for negotiation before the creation of the
contract. The standard terms and conditions is very
comprehensive to accommodate all type of contracts and types
of suppliers. For instance, there is a special terms and contract
for internal and external of KSA.
Executive summary
Subject matter
This report evaluates and provides an analysis of the
opportunities for the supply and procurement function, explains
how the terms and conditions can be improved and how
collaboration can be created with stakeholders to increase early
engagement. The report also gives a general overview of the
need for organizational policies and procurement in order to
implement effective procurement supply.
Key findings
· After doing an extensive research, I drew attention to the fact
that the company should identify and allocate purchasing
activities to achieve the best value for money. I found out that
it can be done by applying the five rights of acquisition and
value for money criteria to any purchase of good and services
similarly assessing the acquisition of possessions and amenities
based on total cost of ownership is an important step.
Furthermore, creating savings and improve efficiency requires
the company to negotiate with the suppliers.
· To improve the procurement and supply function, it should be
taken into consideration the fact that our procurement and
supply function is much more than the cost of getting products
into the hands of our customers.
In the report some partnership principles have been outlined
that will help in the creation of collaboration with stakeholders.
Undertaking stakeholder engagement in a collaborative manner
will allow a substantial relationship to be built between the
stakeholders and the company. In our case, we shall have to
give consideration to the development of stakeholder
engagement process to test knowledge and assumption.
· Based on the fact that this report is a one-person’s point of
view, there is need for improvement for highest results.
Similarly, some of the recommended approaches may take time
to accomplish but they are very effective once they are well
implemented. The report did not discuss in detail how to ensure
compliance with a low level of procurement regulation, reduce
application of poor procurement and supply policies, and ensure
enough support from top management. However, tit is evident in
our company that the management of the company has the right
measures in place
Question One: How your Terms and conditions ensure that you
manage the risks of poor quality, extension of time, increased
costs and unethical practice
SABIC is one of the greatest companies in Saudi Arabia. SABIC
has grown over time and has diversified to produce various
commodities. The growth can be attributed to various strategies
that have been put in place by the company. The company has
put in place various terms and conditions that are aimed at
managing poor quality, extension time, increased costs and
unethical practice.
a. Risks of Poor Quality
Supplies must deliver the product or service to the
agreed place of delivery and receive an Acceptance Certificate
and within thirty days the End User and Warehouse evaluate the
materials and then supplier would be informed if either; the
products or services supplied were accepted or it did not comply
with the purchase agreement and that they have been rejected
In case the supplied materials or services were rejected,
it will be swiftly returned to the supplier at its sole risk and
cost. In case the supplier had been paid fully or partly there
before, for the rejected work, then the suppliers will be forced
to replace the rejected work and credit not should be issued in
respect thereof under Clause 1.9.2 of the Sabic Standard Terms
and Conditions.
In all respects, the work will conform to the quality
specifications and requirement set in PO. If these requirements
and specifications are not specified to customary and normal
specifications or goods quality then this should be done in
accordance to the accepted industry practices and applicable
professional codes and standards. However, supplier cannot
change the specifications, manufacturing or material processes
without first seeking the consent from SABIC.
Supplier guarantees and warrants that the work to be
completed or delivered is free from defects, fault designs in
workmanship and in material and so fit for the intended work
for a period of one year from use, commissioning or
installation. SABIC will notify supplier in accordance on
discovery of failures or defects within the time in which warrant
is still active. In addition, the supplier will compensate SABIC
for all the expenses and losses it has reasonably suffered in
relation to defect hence replacement and repairs under the
warranty under Clause 1.10.3 of the Sabic Standard Terms and
Conditions.
b. Extension of Time:
According to SABIC Standard Terms and Conditions,
the supplier is ought to deliver the goods and services in the
quantity states in purchase order to the point of delivering on
the corresponding date of delivery. The date of delivery shall
remain firm and should not be different except through a
Change Order. Supplier must inform the stakeholders in writing
if he expects there will be a delay in delivery.
In the eventuality that the supplier fails to perform or
deliver the work according to agreed date set in the PO, supplier
will pay the buyer liquidated damages that equal two percent of
the price for every week after the delivery date.
c. Increased Costs
The prices outlined in PO will be an all-inclusive and
fixed. The price will not be varied without direct consent of
SABIC shareholders given by the means of a written Change
order as per Clause 1.3.2 of the Standard Terms and conditions.
Payment has to be made to the supplier after sixty
business days from the date of the invoice issuance. The price
of the goods is all-inclusive of all and any taxes payable related
to the purchase agreement. Moreover, payment will be in the
currency that is specified in purchase order and has to be made
directly by bank transfer to the bank account the supplier
indicated in the database of SABIC during the process of
supplier registration. Supplier must pay all related charges
related to bank.
The invoices ought to contain the PO number, quantities
and work description and it will be supported by documentary
proof of delivery or completion and also acceptance of work.
According to SABIC policy and procedures, the
change order in term of the price is only allowed within 10% of
the total price of the goods and services and after acceptance of
the stakeholders.
d. Unethical Practice:
According to SABIC standard terms and conditions,
Supplier is expected to comply with SABIC code of ethics and
conform to all applicable safety, environmental and health
regulations and standards under United Kingdom laws as well as
that of international standards. During supplier registration,
supplier is introduced to SABIC code of ethics and its EHSS
and must accept in order to complete registration as an
approved supplier in SABIC.
Suppliers should not commence any good, equipment
or materials shipment or commence any other work or services
until the insurance in effected or in force. In addition, supplier
shall maintain, procure and carry comprehensive general
liability insurance, which provides coverage for all damage due
to bodily injury, which includes death at any time, and personal
injury occurs to any person and for the damage to or loss of
property caused by accident resulting from operations in
relation to execution of the Purchase Agreement.
Supplier must provide a healthy and safe workplace for
his personnel, and protect the environment while carrying out
any activities.
As per SABIC Terms and Conditions, supplier must not
to promise to pay, or pay, or authorize any form of payment for
anything of value or money to any entity or person for the
purpose of obtaining, inducing a decision, or retaining business,
or any advantage related to the purchase agreement. The
supplier has to, and shall ensure that all personnel complies
with all laws applicable to anti-money laundering, anti-
corruption, or anti-bribery.
Question Two: Explain the concept of the “battle of the forms”
and demonstrate how you could ensure that any agreement is
carried out under your terms and conditions
A contract is actually formed where an offer made by
one of the parties is accepted by the other. There are intentions
and considerations that are vital when forming a contract. When
two commercial or business entities with equal bargaining
power are in negotiation over transaction terms, each party
would wish and want to use their standard terms in governance
of the contract.
That provision of standard terms by one party to another mostly
constitutes an offer, which can be accepted. However, it comes
a time when the other party does not unequivocally accept the
other’s offer in such that they seek to vary the standard terms or
they end up putting forward their own. This is deemed to be
counter offer and leads to rejection of original part’s offer.
According to the mirror-image rule of the common law, an
acceptance that is different from the terms of a contract
becoming a counter-offer (Carter, and Ketchum, 28-33). This
serves as a rejection of the original contract.
However, the common law rule has with time been
replaced by statute in several jurisdictions to achieve fairness
among parties. The only requirement currently is that the
responding form has to contain a reasonable and definite
acceptance expression. The responding form terms that
correspond to the offer makes up the contract (Carter, and
Ketchum, 28-33)
In other cases, a situation may arise where two parties
in attempt to incorporate their own standards term will usually
bury themselves into question on to which terms will govern the
contract and in some cases whether a contract is in existence at
all. This situation of not coming into an agreement on whose
contract to be used is known as battle of forms. The situation
often occurs unwittingly and it mostly occurs when dispute
arises and the parties involved seek to rely on a particular
contractual term and so operative comes into question.
I can ensure that any agreement is carried under my own terms
and conditions by:
· Making sure that the supplier is an independent contractor.
· The purchase agreement together with master agreement
incorporates the entire agreement between the parties involved.
The agreement goes in line with respect to the matter pertaining
purchase agreement and supersedes all prior representations,
arrangements, negotiations, communications, agreement and
contracts entered or made between the both parties.
Consequently, I will ensure that the purchase is not bound by
any standard or printed terms presented by supplier in quotation
or any other document unless the purchaser is incorporated in
the purchase Agreement.
· Shan from making modifications of the Purchase Agreement
will be effective with purchaser unless it is a written
amendment, expressly stated as such and where both parties
have signed.
· Ensuring that before I enter into any contract with business,
which is equally yoked. I will purpose to seek legal advice so
that I do not enter into agreement that can mess me around. The
legal advice will offer the bearing on when to call the shots.
The legal advice explains the terms of the contract and outlines
the rights and obligations under that contracts, negotiate more
favorable terms in the contract, prepares a contract for me to
enter into with another party.
· As in any negotiation process, information is key such as the
supplier place in the market and how much power they hold and
the type of material as we can see below in the figure , as a
buyer in SABIC I’d focus on the strategic items trying to
establish a partnership relationship. In addition, for the leverage
items I would have more power in the negotiation.
For SABIC, it is important that the organization gets the best
possible deal during the negotiation process. This does not
mean that everything has to go according to what the supplier or
the organization wants. It implies that the supplier and the
organization need to understand the most important things that
they have to agree upon during the negotiation process. Lack of
clarity is the main cause of misunderstanding and disputes in
contracts.
The parties involved in the contract need to discuss
every aspect of the contract carefully and ensure that the
objectives of both sides are well as acknowledged and met. In
any negotiation process, the organization should always settle
for a win-win solution that will benefit both the parties. The
other aspect that needs negotiation in the procurement/supply
process is negotiating to have the objectives of the organization
met.
During the procurement/supply process, the organization should
always negotiate to have a long-term relationship with the
suppliers. This will enable the organization to come up with
alliance parties networks, which are very important. The short-
term benefits are not the most important thing in any contract
but a relationship that will last for long even after the sourcing
process has been completed.
It is also important for the company to be conversant with the
law as this helps to minimize environmental and business risks.
More often than not, the legal system governing both the
purchaser and supplier can have an impact on their contractual
agreements. For example, countries such as the United States
often have a common-law system that tends to make contracts
longer. Therefore, the company ought to ensure that the contract
is in tandem with the environmental and business laws
depending on the supplier’s country of origin.
Question three: How your terms and conditions ensure that the
relevant performance measures are monitored and managed
The terms and conditions ensure that the relevant
performance measures are monitored and managed by.
According to SABIC Terms and Conditions, it allow for the
regular checking of supplier’s progress to make sure that
contractual obligations are met. The terms also spell out the
need for checking all clauses and conditions in the contract are
acted upon by evaluating on any case of bleaching and taking
action after seeking legal advice especially if non-conformance
with the contractor occurs.
The terms allow for regular and random inspections
of the goods and services that have been supplied during the
contract period to make sure that they are of suitable standard
and they meet the specified specifications. In addition, the
terms spell out how the suppliers could offer advice especially
in writing if they are not satisfied with aspects of performance
under the acting contract.
As per SABIC Terms and Conditions, it point to the
need for immediate action if problem occurs and also involving
senior representatives of both supplier and procurer to solve the
identified problems as soon as it can be done. The terms allow
for the obtaining and developing mechanisms, which are
effective when it comes to obtaining feedback from stakeholders
on procurement.
Moreover, the need for keeping adequate written
records of all deals that supplier and that of the administration
of contract. This can be through file notes of inspection, records
of meetings, telephone conversations and documented invoice
processing.
The terms allow for the performing regular inspections
of work to make sure that compliance with each and every
applicable legislation, quality provisions, contract conditions
and workplace safety and health is dependent on the nature of
procurement, its associated risks and complexity and this could
be on daily, weekly or monthly basis.
SABIC holds records for every supplier monthly and
yearly performance in term of quality and delivery. If supplier
performance decreased below a certain percentage for a period
of time, SABIC has the right to deactivate the supplier
temporarily or permanently in SABIC which they would not
have any new business with SABIC.
The Saudi Basic Industries Corporation (SABIC) have a
detailed and well-structured terms and conditions required in
any procurement contracts between a seller and buyer to ensure
a smooth and continuous operation be fully engaged in their
obligations and responsibilities.
Conclusion
Setting terms and conditions in every organization
especially those strikes deal on contract is very important. A
contract, which is between two parties, is signed to do
something or not to do something in return for a very valuable
consideration. Actually, a contract cannot be done by one
person. This means that, it is terms and conditions that are set
in any contract that prevents parties in one organization from
violating parties in the other organization in case of making
business or other deals. It also regulates how employees,
employers and stakeholder handle themselves and make them
aware of the consequences if they do not follow terms and
conditions. Additionally, for best results to be achieved,
contract manager must monitor and manage the relevant
performances as stated out in the contract. A contract should be
updated to reflect all the changes in the organization, market
and the world in general and this is one of the important factor
for contracts.
As a buyer for SABIC, I would recommend the following:
for strategic items to have the inspection in the site of the
supplier by an appointed SABIC representative before shipment
to ensure the quality of the goods purchased. Another
recommendation, is to have the records of the yearly
performance of suppliers with SABIC visible to all buyers in
which they can make their decisions before include the supplier
the bidding process.
References:
Huang, H., X. Shen and H. Xu., Procurement contracts in the
presence of endogenous disruption risk. Decision Sciences
Volman, Thomas E, and Carlos Gordon. Building Successful
customer-supplier Alliances. Long range planning
Techer Comments to fix :
You have made some major changes to your work. Your report
began with a revised executive summary; however, this did not
provide a summary of the key parts of your report or a summary
of your findings.
Instead it covered issues including total cost of ownership and
partnerships which were not the
subject of the assignment or covered in any depth within your
main body. Your recommendations
were also very generic and not focused on the assignment
tasks. See the Candidate Assignment
Guidance document for more information on the requirements of
the executive summary. �
�
Techer Comments to fix :
In terms of task one you did cover the risks highlighted in the
question and did provide some discussion on your terms and
conditions. However, this was very general and could have been
supported by the inclusion of extracts from your organisation’s
terms and conditions. You also could have referred to external
sources in this section to support your discussion, as well as to
elements from the syllabus. The lack of any inclusion of
external sources or elements of the syllabus in this section
resulted in it being very descriptive rather than analytical in
approach.
�
�
Techer Comments to fix :
You did provide a discussion on the Battle of the Forms which
did include some reference to external sources, but you could
also have included some reference to case law. However, whilst
you briefly discussed how your organisation deals with the
Battle of the Forms, this could have been expanded upon to
include other approaches that could be adopted to avoid the
Battle of the Forms. However, you did consider the
consequences to your organisation of losing the battle
�
�
Bottleneck Items
Strategic Items
Supply Risk
Non- Critical Items Items
Leverage Items
Impact on Results
Techer Comments to fix :
Your section on contract management did cover the issue of
inspections during the contract’s duration. However, you could
also have discussed the development and use of KPIs. This
section could have been enhanced had you provided some
specific examples of KPIs used within your organisation’s
contracts and had you included some references to external
sources to support your discussion.
�
�
Techer Comments to fix :
You also provided a very brief conclusion section which did
provide very brief a summary of your main findings and this
could have been expanded. You did include some
recommendations; however, these were very brief and could
have been both better linked to the findings within the main
body and expanded upon. Also, you could have considered the
implementation challenges of your recommendations.
You could have expanded your research in connection with this
topic and also made more use of your external research within
the main body of your report to support your discussions.
�
�
Techer Comments to fix : Your reference list consisted of only
two sources.
Areas for Improvement:
Application and Insight
• You should apply more of the content of the syllabus
throughout your report to improve your analysis.
• Produce an implementation plan showing how your
recommendations could be implemented.
• Include an enhanced conclusions section at the end of the
report as well as developing some of your recommendations in
more detail.
Knowledge and Approach
• Provide a more of a discussion covering managing contract
performance.
• Include more of the concepts taught on the syllabus within
your report to support your discussion.
• Cover the development and use of KPIs in the section covering
contract performance.
Research
• Refer to the Candidate Assignment Guidance document that
was issued for advice on referencing and on structuring your
references and bibliography.
• Try to make use of articles drawn from Supply Management
and content from the CIPS website, as there are useful materials
on these on aspects of contracting, such as the Battle of the
Forms, KPIs, contract terms etc.
• Include more external sources within the main body of your
report to improve and support your discussion.
Structure and Presentation
• Ensure your executive summary provides an effective
summary of your report - see the Candidate Assignment
Guidance document for advice on this.
• Include expanded conclusions and recommendations sections.
Corporate Award Programme
Candidate Assignment Guidance
Version 7.0 July 2016
Leading global excellence in procurement and supply
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Contents
1. Overview
...............................................................................................
......................................................3
2. Submission requirements – important
...............................................................................................
........3
3. Planning and conducting your research
...............................................................................................
......4
4. Structuring your assignment submission
...............................................................................................
....4
5. Assignment front sheet
............................................................................... ................
...............................5
6. Contents Page
...............................................................................................
..............................................5
7. Executive Summary
...............................................................................................
.....................................5
8. Assignment – main body
...............................................................................................
.............................6
9. Conclusions and recommendations
...............................................................................................
............7
10. Referencing
.................................................................................. .............
..............................................7
11. Reference list
...............................................................................................
...........................................8
12. Bibliography
...............................................................................................
.............................................9
13. Appendices
...............................................................................................
..............................................9
14. Word Count
...............................................................................................
.......................................... 10
15. Policies
...............................................................................................
.................................................. 11
a. Plagiarism
...............................................................................................
................................................. 11
b. Reasonable adjustment and special consideration
................................................................................. 11
c. Extensions beyond submission deadlines
...............................................................................................
12
d. Assessment reviews and appeals
...............................................................................................
............. 12
16. Grading
...............................................................................................
................................................. 12
17. Marking and results
...............................................................................................
.............................. 12
18. And finally
...............................................................................................
............................................. 13
Appendix 1: Assignment Assessment Criteria
...............................................................................................
.. 14
Appendix 2: Command Words
...............................................................................................
.......................... 15
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 3/16
© copyright CIPS
1. Overview
The assignment brief is set by CIPS and all assignments are
validated to ensure a standard approach. The
purpose of each assignment is to enable you to demonstrate your
ability to research, analyse and problem
solve in different situations. You will be expected to approach
your assignment work from a procurement and
supply context, addressing the brief directly and undertaking the
tasks required. The assignment will relate
directly to the specified module content and is marked using the
assessment criteria provided as an appendix
to this guide.
Read carefully the assignment title and guidance for candidates.
The assignment will identify which modules it
is designed to assess. Use the relevant content from the stated
modules as the basis of your assignment. It
will help you structure your planning and research. Ensure you
plan your assignment to meet all of its
requirements.
2. Submission requirements – important
2.1 Include the assignment front sheet
2.2 The maximum number of documents you can submit for an
assessment is one
2.3 All of your work must be contained in one document
2.4 You must not submit appendices as separate documents
2.5 You must word process your assignment using MS word, or
equivalent, and convert it in to a pdf file
format
a. The file name should only consist of your full 9-digit
membership number and the assignment
number, e.g. “005429889 AS1.pdf”. Please note that this should
reflect the assignment
number, not the module number.
b. You may wish to make use of Adobe Acrobat’s Reduce File
Size… function
2.6 Every page should be numbered and contain your candidate
number at the top of the document in
the header.
The average number of pages for a 3,000 word assignment is 27
(including appendices). The maximum
number of pages allowed for a 3,000 word assignment is 50
pages in total. You should not exceed this
allowance. In the case of the integrative assignment, the
average number of pages for a 5,000 word
assignment is 45. The maximum number of pages allowed for a
5,000 word integrative assignment is 100
pages in total.
You must hand in your assignment no later than the submission
deadline stated in your timetable. There are
penalties if your submission is handed in late without prior
agreement from CIPS through the Reasonable
Adjustment, Special Consideration or Extension Policies (see
section 15, page 8 and 9). Submissions that do
not meet the submission requirements (for example Word .doc
rather than .pdf, multiple files, candidates
name present) will not be accepted and if the revised version is
not sent within the submission timeframe the
corrected version may be subject to penalty.
Leading global excellence in procurement and supply
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© copyright CIPS
3. Planning and conducting your research
It is important that you address the requirements of the
assignment brief. Some students fail to do this and
overlook one or more requirements of the assignment brief. The
assignment title will include command
words. These are words such as “analyse”, “describe” etc. and
define what you are expected to do. A list of
common command words and their definitions is included as an
appendix to this document to help you plan
the depth of detail and type of information to research and
present within your assignment.
You should take care when reproducing company information
not already in the public domain within your
assignment. It is your responsibility to ensure you comply with
your own company expectations if the
information is considered confidential or sensitive.
CIPS is looking for evidence that a student understands a
concept and can apply it appropriately within a given
contexts defined by the assignment brief. In order to address the
assignment tasks, it is not necessary to
identify any real suppliers or products. Therefore, it is
acceptable to refer to a supplier as ‘Supplier A’ for
example, rather than identify real suppliers. Products can be
referred to as product ‘X’ or ‘Y’ for example,
rather than identify any sensitive procurements. It is best
practice to explain, within your introduction, the
naming conventions you will adopt e.g. “for the purposes of
confidentiality, suppliers or products will be
referred to as…”.
Research forms part of the assessment criteria, hence it is an
essential element of your assignment
preparation. Do not fail to realise the importance of collecting
information to support and underpin your
assignment work. It is vital that you demonstrate your ability to
establish information needs, obtain relevant
information and use it sensibly, in order to arrive at appropriate
conclusions, recommendations and/or
decisions. You should establish the nature of the information
required, follow up possible sources and ensure
you allow time to obtain the information. You may be
dependent on other colleagues or suppliers to obtain
relevant information – do not underestimate the time it may take
you to gather it. In order to conduct your
research effectively, you will need to conduct wider reading
associated with the topics covered in the module
content.
Useful sources of information include those freely available to
CIPS members such as our Knowledge site and
the Supply Management site. Additionally, websites such as
those of the National Audit Office and the
Financial Times are a great source of case studies and examples
of successes and failures which can support
your assignment preparation.
Your reference list and bibliography will provide an indication
of the level of research, information collection
and application within your assignment.
4. Structuring your assignment submission
Presentation: Your assignment submission should be word
processed with minimum font size 12pt and 1.5 or
double line spacing. You should adopt an appropriate layout and
structure for your assignment submission.
The structure and presentation of your assignment is considered
as part of the marking process so it is
important that you take the time to carefully plan your
assignment and use a logical layout and structure. This
guidance document outlines a suggested structure for your
assignment.
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 5/16
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For many of you this assignment will be dealing with issues that
are of importance to your employer and they
will, in all likelihood, be interested in seeing a copy of your
assignment. Spending some extra time making it as
professional as possible will pay dividends here.
Approach: The assignment title may include a number of
requirements. Read it carefully and identify what
these are. Plan your assignment and research to ensure that you
address all the requirements. As a guide,
you should aim to place approximately equal emphasis on each
requirement within the layout of your
assignment submission. This means you will usually produce
approximately the same volume of content for
each requirement within your assignment submission. Plan your
research and the structure of your
assignment submission accordingly. However, during your
planning or research, you may identify that it is not
appropriate to place equal emphasis on each requirement within
the assignment title.
For example, factors beyond your control, such as the nature of
your organisation or the external business
environment in which it operates, may mean that it is not
appropriate to place equal emphasis on each
requirement of the assignment title. In such circumstances,
acknowledge this within your assignment
submission to demonstrate to the assessor that you have
considered all the requirements of the assignment
title. Explain to the assessor why you have adopted a particular
approach to demonstrate your ability to
make judgements. Think carefully about the structure, style and
content of your assignment; the key is to
ensure you justify any deviation from the assignment
requirements in order to explain to the assessor why
you have adopted an unusual approach. Failure to do so could
mean you fail to gain marks in the knowledge
and approach section of the assessment criteria.
Remember also that the marking team will not be familiar with
your company, company-specific terminology
or acronyms. Take care to ensure you explain necessary
background information, or the meaning of company-
specific terminology, in order to provide the marking team with
an understanding of the nature of your
organisation and the business environment in which it operates.
5. Assignment front sheet
Please complete and attach the assignment front sheet to your
submission. Your name should not appear
anywhere within your assignment.
6. Contents page
The contents page helps the reader to navigate around the
document and highlights important sections and
sub-sections; this also helps you to ensure your work is
structured and flows in a logical order.
7. Executive summary
The aim of an executive summary is to prepare the reader, in
advance of reading a lengthy document, for
what to expect. It should briefly summarise the content and
conclusions/recommendations. This is good
academic and business practice and is recommended for all
assessments (assignments and project work). We
recommend you keep this to one page if possible.
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CAP_Candidate_Assignment Guidance_V7 July2016 6/16
© copyright CIPS
8. Assignment – main body
CIPS recommends a short introduction to the assignment to set
the scene. You may wish to take the
opportunity to introduce your company or the business
environment relevant to your assignment, define any
relevant terms, explain the scope of your assignment, the
approach you have taken, any exclusions and
assumptions.
Assignments should have a good balance of relevant
underpinning theory, tools or models and practical
application (use of examples from your organisation, or one
with which you are familiar). You must select
appropriate models to demonstrate knowledge and application.
It is suggested you consult and reflect upon
the programme content for the relevant module(s) in the first
instance and conduct an audit of the theories,
tools and models etc., in order to identify those which may be
appropriate for your assignment.
For any theories, tools or models that you include, your
assignment should contain a brief description and
justification of its selection in relation to your analysis.
You should ensure you include discussion on how it was used
and what information was generated from it –
interpret the findings of your analysis. Avoid citing models,
tools etc., without applying them within your
analysis as this will gain no marks. You may wish to use tables
or diagrams to demonstrate your application of
relevant tools or models.
When including information about the theories, tools and
models etc. within your assignment, narrative
should be integrated in to the content of your assignment.
Assignment submissions which simply skip from
one model or tool, for example, to the next, without linking
them in some way or consolidating them in
conclusions, will be unlikely to demonstrate the extent of your
comprehension of the module content and
your ability to apply it to practical business situations.
Providing a sound argument for selection and application of a
particular theory, model, tool or technique –
highlighting why it is appropriate, its strengths and
weaknesses/limitations (as well as your findings) – is likely
to be awarded higher marks.
The positioning of models/tools and techniques will depend on a
number of factors, but ideally you should
aim for a good balance of discussion and visual impact. It is a
matter of personal judgement and preference,
but, essentially they should be relevant and visually enhance the
work, enabling the reader to grasp the flow
of your discussion. You should also consider:
task
assignment
an argument
may be better placed in the Appendices
The application and insight section of the assessment criteria is
the most heavily weighted. It is important to
demonstrate your ability to apply relevant tools, theories,
models etc., according to the modules content and
the assignment title. The outcomes of your application will
generate evidence which you must present within
your assignment submission.
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 7/16
© copyright CIPS
9. Conclusions and recommendations
Again, the application and insight section of the assessment
criteria is the most heavily weighted. You must,
therefore, ensure you demonstrate your ability to interpret your
evidence and findings by providing
recommendations, proposals for change and/or conclusions, as
appropriate, which are consistent with the
evidence you have generated. This will exhibit the validity of
your insight. Thorough application of tools of
analysis will help to provide strong findings which will form
the foundation of your conclusions and
recommendations.
Your conclusions and recommendations must be consistent with
your analysis and findings and should act as
a summary. It is important that any conclusions or
recommendations are justified as part of your overall
assignment submission. When you have completed your
assignment, take time to re-read it a day or so later
and check that your conclusions really are consistent with the
evidence generated from your analysis.
10. Referencing
In order to avoid plagiarism, whenever you use someone’s
words directly, or make reference to the ideas or
work of others, you must reference this appropriately using a
recognised referencing system, such as the
Harvard system of referencing or as outlined in the CIPS
Reference Guidance document. The following points
will help you cite sources of information appropriately within
the body of your assignment.
ur assignment to a particular
document, the author (or editor, compiler or
translator) individual or organisation and year of publication are
inserted in brackets:
o e.g. Agriculture still employs half a million people in rural
Britain (Shucksmith, 2000).
year of publication is given:
o e.g. … concept is discussed by Jones (1998)…
published in the same year, these are
distinguished by adding lower case letters (a, b, c) after the
year:
o e.g. (Watson, 1999a)
o e.g. (Lines and Walker, 1997)
followed by ‘et al.’:
o e.g. (Morgan et al., 1998)
another party word-for-word; the exact
words must be copied from the source document. When citing
quotations, include the page number of
where the quotation can be found in the source document.
Please note quotations used within your
assignment content are included within the total word count.
o Short quotations may be run into the text, using single
quotation marks.
o e.g. While they recommend that teams ‘...be encouraged to
improve collaboration within an
organisation autonomously’ (Driedonks, et al., 2010, p. 115),
they ...
Longer quotations should be separated from the rest of the text
by means of a new and indented paragraph
and optional size reduction. These do not need quotation marks,
however the author, date and page
reference must be included in brackets at the end of the
indented paragraph of quoted text. You are advised
to use long quotations sparingly as they are included as part of
the word count. Ask yourself whether they
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 8/16
© copyright CIPS
really add value to your assignment, or whether there is a better
way of representing the information you
wish to present to the reader of your assignment.
Referencing electronic resources can be confusing, it is difficult
to know which information to include or
where to find it. As a rule, provide as much information as
possible concerning authorship, location and
availability. Electronic citations require much of the same
information as print sources (author, year of
publication, title, publisher). However, some extra details are
required:
ccessed the source in an electronic format
identify when a source was viewed or
downloaded)
database or web address)
Unlike printed material, internet sources can easily be changed,
or disappear altogether, so full and accurate
citation information is essential.
Example – referencing web documents
British Lawnmower Museum (no date) Lawnmowers of the Rich
and Famous [online] Southport, British
Lawnmower Museum. Available:
http://www.lawnmowerworld.co.uk/Rich.htm [Accessed10
March 2004]
Example – referencing electronic journals
Hart, K. (1998) The place of the 1898 Cambridge
Anthropological Expedition to the Torres Straits (CAETS) in
the history of British social anthropology. Science as a culture.
[Online] 11 (1). Available: http://human-
nature.com/science-as-culture/hart.html [Accessed 9 November
2003]
Example – referencing journal articles from a web-based full-
text database
Mahoney, R. (2000) Leadership and learning organisations, The
Learning Organization. [Online] 7 (5), 241-244.
Available: http://www.emerald-library.com/brev/11907ec1.htm
[Accessed 23 October 2000]
The source materials you use should be included in a reference
list at the end of your assignment. See the
following sections relating to your reference list and
bibliography.
11. Reference list
A reference list is essential to ensure the works of others is
acknowledged and to avoid the risk of plagiarism
issues. You must use a recognised referencing system, such as
the Harvard system or as outlined in the CIPS
Reference Guidance document, as assessors will need to
identify sources you have accessed during your
research and used within your assignment. See the section
relating to referencing for information on how to
cite sources of information within the body of your assignment.
References are arranged alphabetically by author’s name (or
title, if no author) which has been used in the
body of the text and should be presented in the following way:
- include where possible, the following
information in the order listed here:
o Author(s)/Editor(s) - Surname first, followed by first name(s)
or initials (be consistent). Include
all names if there are two or three authors; if more than three,
use the first name and then et
al. For editors, compilers or translators (instead of author), give
the abbreviation ed/eds,
comp/comps or trans following the name(s): e.g. Peckham, T.
and Smith, G. (eds.)
o Year of publication – e.g. (1996)
http://www.lawnmowerworld.co.uk/Rich.htm
http://human-nature.com/science-as-culture/hart.html
http://human-nature.com/science-as-culture/hart.html
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 9/16
© copyright CIPS
o Title - capitalise the first letter of the first word and any
proper nouns; use bold, italics or
underline (be consistent); Include any sub-title, separating it
from the title by a colon
o Edition - only include if not the first edition
o Series - include if relevant.
Modern versions of MS Word have some helpful tools to assist
with referencing and citations. These allow
you to build a list of sources which you can access to cite in the
body of your assignment using the “insert
citation” tool under the references section of the toolbar. It
allows you to insert a list of “works cited” which
will automatically include all sources which you have cited
within your assignment.
12. Bibliography
When researching subject areas, you may read widely, but not
all will be relevant to the assignment you are
working on. However, this work should not go unrecognised and
more importantly, a bibliography records
earlier reading that may be useful later when researching for
future assessments or projects. If you have
documented your reading, this can be located again with ease.
13. Appendices
Core material – which is defined as text that the assessor would
need to read in order to understand and
appreciate your work fully – should NOT be placed in
appendices. An appendix is not a “catch-all”, or a
substitute for effective writing and editing of your assignment
to meet the word count. You do not have to
use appendices – indeed; it is considered best practice that
assignments only include appendices in
exceptional circumstances. For example, information that is not
essential to your assignment, but validates
the content of it, provides confirmatory evidence or provides
information or material that the assessor would
not otherwise be able to access, should be placed in an
appendix. Documents that are available in the public
domain should be referenced, in accordance with a recognised
referencing system, rather than including
them as appendices.
Examples of things which could be useful as appendices to an
assignment include:
• Supporting evidence – feedback, testimonials, stakeholder
interview outcomes etc.
• Technical information presented in tables and graphs –
organisational charts, statistics etc.
• Supplementary data which adds useful information or insight,
but is not essential to the
understanding of the personal statement – including
organisation-specific material (ensure
appropriate permissions have been sought for use outside your
organisation).
Appendices should be presented in the order they are mentioned
in your assignment, and it is essential to
refer to each appendix within the text of your assignment. You
should NOT include something as an appendix
if it is not discussed within the assignment, nor should you
include any material which is readily available in
the public domain – it should be referenced in the text of the
assignment using a recognised system of
referencing.
Appendices do not form part of the word count for your
assignment.
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 10/16
© copyright CIPS
14. Word Count
The expected word count for your assignment will be
highlighted on your assignment task. Your assignment
can be up to 10% below the stated word count, or up to 10%
higher than the stated word count. If your
assignment exceeds (or falls short of) the stated word count by
more than 10%, you may fail to gain marks
under the structure and presentation section of the assessment
criteria.
The following are excluded from the word count:
ams, graphs etc.
You must state your assignment word count on the assignment
front sheet.
Leading global excellence in procurement and supply
CAP_Candidate_Assignment Guidance_V7 July2016 11/16
© copyright CIPS
15. Policies
a. Plagiarism
Plagiarism is submitting someone else’s work as your own when
you are not the author. The attempt to pass-
off the ideas, research, theories, or words of others as one's own
is considered to be a serious academic
offence. Most students know when they are intentionally
plagiarising, for example, copying an entire essay
out of a book or buying a paper off the Internet. However, many
students are tripped up by unintentional
plagiarism – not giving proper credit for others' quotes, facts,
ideas, or data. A good rule-of-thumb for
students is to always give credit for any ideas that are not their
own by citing their sources.
The most common forms of plagiarism are:
rial from a website
publication
You must take care when writing your assignment that the work
you submit is your own. You are permitted
to reproduce short extracts, diagrams, tables and illustrations
from other publications. But, these must be
clearly referenced and the …
Leading global excellence in procurement and supply
1/2
Corporate Award Assignment Feedback
Candidate Number: 005560614
Programme: SABIC Cohort 6 Practitioner AS2
Event ID: 113235892
Module title: Module 3: Developing Contracts in Procurement
and Supply
Assessment criteria Distinction Merit Pass Fail
*Candidates are advised to refer to the Assessment Criteria
within the Candidate Assignment Guide in
order to understand the expectations of each section of the
Assessment Criteria.
Strengths and weaknesses of the Assessment:
You have made some major changes to your work. Your report
began with a revised executive summary;
however, this did not provide a summary of the key parts of
your report or a summary of your findings.
Instead it covered issues including total cost of ownership and
partnerships which were not the subject of
the assignment or covered in any depth within your main body.
Your recommendations were also very
generic and not focused on the assignment tasks. See the
Candidate Assignment Guidance document for
more information on the requirements of the executive
summary.
It would also have been useful to include some information
about your organisation in order to provide
some context for your report.
In terms of task one you did cover the risks highlighted in the
question and did provide some discussion on
your terms and conditions. However, this was very general and
could have been supported by the inclusion
of extracts from your organisation’s terms and conditions. You
also could have referred to external sources
in this section to support your discussion, as well as to elements
from the syllabus. The lack of any inclusion
of external sources or elements of the syllabus in this section
resulted in it being very descriptive rather
than analytical in approach.
You did provide a discussion on the Battle of the Forms which
did include some reference to external
sources, but you could also have included some reference to
case law. However, whilst you briefly
discussed how your organisation deals with the Battle of the
Forms, this could have been expanded upon
2/2
to include other approaches that could be adopted to avoid the
Battle of the Forms. However, you did
consider the consequences to your organisation of losing the
battle.
Your section on contract management did cover the issue of
inspections during the contract’s duration.
However, you could also have discussed the development and
use of KPIs. This section could have been
enhanced had you provided some specific examples of KPIs
used within your organisation’s contracts and
had you included some references to external sources to support
your discussion.
You also provided a very brief conclusion section which did
provide very brief a summary of your main
findings and this could have been expanded. You did include
some recommendations; however, these were
very brief and could have been both better linked to the findings
within the main body and expanded upon.
Also, you could have considered the implementation challenges
of your recommendations.
You could have expanded your research in connection with this
topic and also made more use of your
external research within the main body of your report to support
your discussions. Your reference list
consisted of only two sources.
Areas for Improvement:
Application and Insight
• You should apply more of the content of the syllabus
throughout your report to improve your
analysis.
• Produce an implementation plan showing how your
recommendations could be implemented.
• Include an enhanced conclusions section at the end of the
report as well as developing some of your
recommendations in more detail.
Knowledge and Approach
• Provide a more of a discussion covering managing contract
performance.
• Include more of the concepts taught on the syllabus within
your report to support your discussion.
• Cover the development and use of KPIs in the section covering
contract performance.
Research
• Refer to the Candidate Assignment Guidance document that
was issued for advice on referencing
and on structuring your references and bibliography.
• Try to make use of articles drawn from Supply Management
and content from the CIPS website, as
there are useful materials on these on aspects of contracting,
such as the Battle of the Forms, KPIs,
contract terms etc.
• Include more external sources within the main body of your
report to improve and support your
discussion.
Structure and Presentation
• Ensure your executive summary provides an effective
summary of your report - see the Candidate
Assignment Guidance document for advice on this.
• Include expanded conclusions and recommendations sections.
Corporate Award Assignment FeedbackApplication and
InsightKnowledge and ApproachResearchStructure and
Presentation
SAUDI BASIC INDUSTRIES CORPORATION- General Terms
and Conditions for the
Purchase of Goods and Services
1/4
Version 1.3 January 2019
Classification: Internal Use
1 GENERAL PROVISIONS
These general terms and conditions for the Purchase of Goods
and/or Services (“GTC”)
shall apply to any Purchase Contract except as otherwise
expressly agreed in such
Purchase Contract. In case of any conflict between the main
body of a Purchase Contract
and the attachments thereto, the provisions of the main body of
a Purchase Contract shall
apply unless otherwise expressly provided. Any general or
special conditions of Supplier are
hereby explicitly and entirely rejected and shall not apply to
any Purchase Contract even if
referred to or printed on any bid, web site, price quotation,
order confirmation, invoice or any
other document or communication of Supplier.
2 DEFINITIONS
The following terms shall have the following meaning:
2.1 ”Affiliate” means, in relation to a Party, any individual or
entity that at any time
controls, is controlled by, or is under common control, with
such Party, with “control”
meaning directly or indirectly owning a majority equity interest
in, or otherwise having
the power to direct the business affairs of, the controlled entity,
provided that
SABIC’s Affiliates shall be limited to SABIC and entities now
or hereafter controlled
by it.
2.2 “Delivery Point” means the place agreed in the Purchase
Contract where Goods
are to be delivered or where Services are to be performed.
2.3 “Force Majeure” means any circumstance beyond the
reasonable control of the
affected Party, which materially affects the performance of any
of its obligations
under the relevant Purchase Contract, and could not reasonably
have been foreseen
or provided against, with exception of any changes in economic
conditions, costs
and delivery of raw materials and strikes and other labor
disputes of Supplier’s
personnel which do not qualify as force majeure.
2.4 “Goods” means the goods (if any) as specified in the
relevant Purchase Contract,
including any related designs, materials, equipment and
documentation.
2.5 “EHSS Laws” means any and all laws, rules, and regulations
and the terms of any
permit, authorization, license and, to the extent they would be
observed by a prudent
operator, any codes of conduct or any practices related to
environment, health,
safety and security, including on the (a) protection of air,
water, soil, flora, fauna and
man, or (b) generation, transportation, storage, treatment,
disposal or presence of
any natural or artificial substance, including but not limited to
hazardous, polluting,
toxic or dangerous substances, waste, radiation, electricity and
heat; or (c) human
health and safety in or around the workplace.
2.6 “Incoterms” means the International Commercial Terms
2010 as issued by the
International Chamber of Commerce.
2.7 “Intellectual Property Rights” means any intellectual and
industrial property rights
including, but not limited to, patents of any type, design rights,
utility models or other
similar invention rights, copyrights, database rights, mask work
rights, moral rights,
trade secrets, know-how or confidentiality rights, trademarks,
trade names and
service marks and any other intangible property rights
(including applications and
registrations for any of the foregoing) in any jurisdiction, and
whether or not
registered or perfected, whenever and however arising.
2.8 “Order Confirmation” means the document or other written
communication issued
by Supplier to Purchaser accepting a Purchase Order.
2.9 “Party” shall mean each of Purchaser and Supplier and
“Parties” shall mean
Purchaser and Supplier.
2.10 "Personal Data" means any information relating to an
identified or identifiable
natural person.
2.11 “Processing Personal Data” means any operation or set of
operations performed
upon Personal Data, whether or not by automated means, such
as collection,
recording, organization, structuring, storage, adaptation or
alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or
otherwise making
available, alignment or combination, restriction, erasure or
destruction. “Process
Personal Data” shall be construed accordingly.
2.12 “Purchase Contract” means any agreement for the purchase
of Goods and/or
Services resulting from a Purchase Order and the corresponding
Order
Confirmation.
2.13 “Purchase Order” means the document, including any
attachments thereto, issued
by Purchaser to order Goods and/or Services from Supplier.
2.14 “Purchaser” means the legal entity specified in the relevant
Purchase Contract as
purchasing Party.
2.15 “Purchaser Personal Data” includes any Personal Data
obtained by Supplier from
Purchaser or Purchaser’s Affiliates, and/or any Personal Data
being Processed by
Supplier on behalf of Purchaser or Purchaser’s Affiliates.
2.16 “Security Breach” includes any event involving an actual,
potential or threatened
compromise of the security, confidentiality or integrity of
Purchaser Personal Data,
including, but not limited to, any unauthorized access or use, or
any broader
circumstances as defined in any applicable laws, rules, and
regulations.
2.17 “Services” means the services (if any) as specified in the
relevant Purchase
Contract.
2.18 “Specifications” means the (technical) specifications, of
the Goods and/or Services
as set out in the relevant Purchase Contract or otherwise
expressly agreed in writing
by Purchaser and Supplier.
2.19 "SABIC" means Saudi Basic Industries Corporation.
2.20 “Supplier” means the legal entity specified in the relevant
Purchase Contract as
supplying Party.
3 ORDERS
3.1 Purchase Orders shall become binding on Purchaser only
upon the written
acceptance of the Purchase Order by Supplier by the issuance of
an Order
Confirmation. Purchaser shall be entitled to make changes to a
Purchase Order prior
to the receipt of an Order Confirmation. Changes by Purchaser
to a Purchase Order
for which an Order Confirmation has already been received,
shall not be binding
unless accepted by Supplier by the issuance of a new Order
Confirmation or upon
delivery of the Goods or provision of the Services in accordance
with such changes,
whichever is earlier. In the event that an Order Confirmation
deviates from a
Purchase Order, such deviation shall be binding on Purchaser
only if explicitly
approved in writing by Purchaser.
4 QUALITY
4.1 Supplier shall implement and maintain appropriate quality
control systems and
documented procedures which meet good industry practice and
ISO 9001 and
which ensures that the Goods and Services comply with (a) all
statutory and other
legal requirements; (b) the warranties stated in Article 11; (c)
good industry
practices; and (d) standards and any other requirements
specified in the Purchase
Contract.
4.2 If at any time Supplier becomes aware of any event that
causes, or is likely to
cause, that the Goods and/or Services do not comply with the
quality requirements
set out in the provisions of this Article 4 and the warranties
stated in Article 11,
Supplier shall promptly notify Purchaser in writing after
becoming aware of such
event. Such notification is without prejudice to any rights and
remedies Purchaser
may have against Supplier resulting from such non-compliance.
4.3 Supplier shall timely notify and obtain approval from
Purchaser in writing in advance
of implementing any change that can reasonably be expected to
adversely effect the
Goods delivered and/or Services provided to Purchaser,
including, but not limited to,
any change in: (a) the quality control systems or procedures set
out in this Article 4;
or (b) the manufacturing location, manufacturing process, raw
materials or
proportions of raw materials used in Goods delivered to
Purchaser under any
Purchase Contract.
5 INSPECTION
5.1 Unless otherwise agreed in the Purchase Contract, Supplier
shall, at its own cost,
inspect and test the Goods before delivery to Purchaser in
accordance with its
standard inspection and testing procedures and good industry
practice and
standards. Purchaser shall have the right, but not the obligation,
to inspect or cause
the inspection of the Goods and/or Services at Supplier’s
premises at any time prior
to delivery of such Goods, including during their
manufacturing, processing or
storage, or prior to completion of such Services. Where the
Goods and/or Services
are determined to be compliant with the Purchase Contract, the
Purchaser shall
bear the cost of such inspection and where the Goods and/or
Services are
determined not to be compliant with the Purchase Contract, the
Supplier shall bear
the cost of such inspection. Purchaser is under no obligation to
conduct any
inspection or test of the Goods and/or Services upon, or after,
Purchaser’s receipt of
the Goods and/or completion of the Services.
5.2 Purchaser shall have the right to inspect and test at any time
at Supplier’s premises
or any other location, all goods and/or services and all
materials, equipment,
facilities and quality control systems and procedures utilized by
Supplier in
producing Goods or providing Services.
5.3 Inspection or testing pursuant to the provisions of this
Article 5 shall not constitute
acceptance of any Goods or Services by Purchaser and shall not
relieve Supplier of
any of its obligations under any Purchase Contract.
6 PACKAGING AND DOCUMENTATION
6.1 Supplier shall ensure that the Goods are packaged, labelled,
stored and handled:
(a) as safely and carefully as possible; (b) in a manner that
prevents them from
being damaged during loading, transportation and off-loading;
(c) in compliance with
all applicable laws, rules and regulations, including those
related to goods
containing any hazardous and chemical substances; and (d) in
accordance with any
packaging instructions and specifications provided by
Purchaser. Upon Purchaser’s
request, Supplier shall remove or take back any containers,
packaging material, and
waste at its own expense and risk.
6.2 Supplier shall, where applicable, provide Purchaser with all
complete, accurate, and
necessary documentation relating to the Goods, including, but
not limited to:
documents, data and instructions regarding the safe handling,
storage, usage and
disposal of the Goods, material safety data sheets, and all
certificates customary for
such type of goods and relevant mode of delivery, such as
certificates of origin,
certificates of analysis and certificates of conformity.
7 DELIVERY
7.1 Unless otherwise agreed in the Purchase Contract, Supplier
shall deliver the Goods
at the Delivery Point in accordance with DDP (Delivery Duty
Paid), as defined in the
Incoterms.
7.2 The Supplier shall carry out the Services at the agreed
location(s) and agreed
delivery date(s) according to the Specifications, the warranties
stated in Article 11
and good industry practice. The Services shall be deemed
performed only after
Purchaser has confirmed to Supplier in writing that the Services
provided have been
accepted.
7.3 Time is of the essence for performance of the Purchase
Contract by the Supplier
and the agreed delivery dates for the delivery of Goods and/or
the performance of
Services indicated in the Purchase Contract shall be firm and
binding. If, at any time,
the agreed delivery dates for delivery of Goods or performance
of Services will not
be met, Supplier shall, without delay, give notice to Purchaser
in writing stating both
the reasons for the delay and the estimated delay in delivery
time.
7.4 If Supplier fails to deliver the Goods and/or perform the
Services in accordance with
the agreed delivery date(s) Supplier shall pay or allow to
Purchaser liquidated
damages in an amount equal to two per cent (2%) of the
Purchase Contract price for
each week (or part thereof) that the delivery of Goods and/or
performance of the
Services is delayed beyond the corresponding
delivery/performance dates. The
Parties agree that the delay liquidated damages represent an
agreed genuine pre-
estimate of the losses likely to be suffered by Purchaser as the
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
1-Holding everything else constant, an increase in the growth rate.docx
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  • 1. 1-Holding everything else constant, an increase in the growth rate of the money supply will cause the AD curve to not shift at all. shift outward. shift randomly. shift inward. 2-In the AD-AS model, which curve would be irrelevant if prices and wages were perfectly flexible? A. Long-Run Aggregate Supply B. Long-Run Aggregate Demand C. Short-Run Aggregate Supply D. Aggregate Demand 3-An increase in the expected inflation rate will cause the LRAS curve to: A. do nothing. B. shift right. C. flatten out. D. shift left. 4-When consumers suddenly become more pessimistic about the economy, the stock shifts the: A. LRAS curve outward, reducing the real growth rate in the short run. B. AD curve inward, reducing the real growth rate in the short run. C. AD curve outward, reducing the real growth rate in the short run. D. LRAS curve inward, reducing the real growth rate in the short run. 5-Which of the following would cause the AD curve to shift to
  • 2. the left? A. lower growth rate of output B. decreased government purchases C. higher government budget deficits D. lower taxes 6-A temporary decrease in consumer spending causes: A. a decrease in the economy's long-run potential growth rate B. a decrease in velocity growth C. an upward shift of the SRAS curve. D. a decrease in money growth 7-Which of the following best describes the conditions of the Great Depression? A. Real GDP growth was negative while inflation was very high. B. Both real GDP growth and inflation were historically high. C. Real GDP was high while inflation was negative. D. Both real GDP growth and inflation were negative. 8- Menu costs are the costs associated with changing: A. jobs. B. wages. C. prices. D. expected inflation. 9-A temporary positive shock to spending growth will lead to an increase in: A. output and inflation in the short run, but no change in either in the long run. B. output in both the short and long run. C. both inflation and output in the short run, but only output in the long run. D. both inflation and output in the short run, but only inflation in the long run. 10- Which of the following describes the process through which a major decline in the stock market leads to a change in
  • 3. Aggregate Demand? A. Banking panics lead to a removal of deposit insurance and a negative AD shock. B. A stock market bubble bursts, and this leads to a negative supply shock. C. Reductions in consumer wealth produce a negative AD shock. D. Increase in net exports produce a negative AD shock. 11- A. 10% B. 4% C. 7% D. 3% 12- A. 3% B. 7% C. 4% D. 10% 13- A. -0.5% B. 6.5% C. 7% D. 3% 14- A. 6.5% B. -0.5% C. 0.5%
  • 4. D. 2% 15- A. Workers increase their inflationary expectations so that the economy moves to point A. B. Workers decrease their inflationary expectations so that the economy moves to point C. C. Workers increase their inflationary expectations so that the economy moves to point C. D. Workers decrease their inflationary expectations so that the economy moves to point A. 16-In 2011 a major earthquake and tsunami destroyed much of the capital infrastructure in Japan. Those natural disasters were an example of: A. negative shock to AD. B. positive shock to LRAS. C. positive shock to AD. D. negative shock to LRAS. 17-In the basic model that includes the AD and LRAS only, increased spending growth causes: A. a higher real growth rate, but no change in the inflation rate.a B. a higher inflation rate, but no change in the growth rate. C. a lower inflation rate, but no change in the real growth rate. D. a lower real growth rate, but no change in the inflation rate. 18-In the basic model that includes the AD and LRAS curves only, a shock that reduces the velocity of money growth by two percentage points causes A. a decrease in real growth by two percentage points, a decrease in inflation by two percentage points, or both. B. a decrease in the inflation rate by two percentage points. C. an increase in the inflation rate of less than two percentage points. D. an increase in the inflation rate by two percentage points. 19-If nominal spending growth is 5%, velocity of money growth
  • 5. is 2%, and the economy is in recession at a -1% real growth rate, what is the inflation rate? A. 8% B. 4% C. 6% D. 3% 20-Business fluctuations are fluctuations in the: A. growth rate of real GDP around its trend growth rate. B. growth rate of nominal GDP around its trend growth rate. C. level of nominal GDP around its long-term trend D. level of real GDP around its long-term trend 21-The aggregate demand curve shows all the combinations of _______________ and _______________ that are consistent with a specified rate of _______________. A. prices; real GDP; spending B. prices; real GNP; money supply C. inflation; real GDP growth; spending growth D. inflation; nominal GDP growth; money supply 22-If π > Eπ A. firm profits will increase. B. money growth will cause the SRAS curve to shift to the right. C. money growth will cause the SRAS curve to shift to the left. D. there will be no change in real GDP growth because it is determined by real factors of production. 23-Why could high rates of inflation cause the velocity of money to increase? A. The more money loses its value, the faster people try to spend it. B. The more inflation there is, the more there is to purchase. C. The more people earn the faster they spend it. D. The more people earn, the faster prices rise. 24-Using a graph of AD and LRAS curves, the shock to oil prices in the 1970s caused: A. real GDP growth to be unchanged and inflation to decrease.
  • 6. B. real GDP growth to increase and inflation to decrease. C. real GDP growth to be unchanged and inflation to increase. D. real GDP growth to decrease and inflation to increase. 25-Because of sticky prices and wages, negative AD shocks lead to: A. small changes in inflation but large changes in unemployment. B. large changes in inflation but small changes in unemployment. C. negligible changes in both inflation and unemployment. D. significant changes in both inflation and unemployment DEVELOPING CONTRACTS IN PROCUREMENT AND SUPPLY DEVELOPING CONTRACTS IN PROCUREMENT AND SUPPLY 12 Table of Contents Terms and conditions 2 Terms and conditions in management of risks 4 Concept of ‘battle of the forms’ 8 Ensuring agreement is carried out under own terms and conditions 9 Monitoring and managing performance measures 10 Reference 12
  • 7. Terms and conditions Definitions ‘Conditions’ means the terms and conditions that are outlined in this document ‘Contract’ refers to the agreement made between the parties for sale and purchase of goods ‘Goods’ refers to the deliverables as set out in purchase order ‘Order’ means the purchase order presented to the supplier with listing of goods to be supplied ‘Supplier’ refers to the party contracted to deliver goods 1. Prices and payment 1.1. All the prices that have been quoted will remain fixed as agreed on the purchase order and expressed in US dollars ($). 1.2. The prices are exclusive of VAT but includes all other applicable taxes as well as incidental cost likely to be incurred. 1.3. The price is also inclusive of any packaging, insurance, customs and delivery costs to be incurred by the supplier as per the specified descriptions in the agreement 1.4. The invoice shall be presented upon delivery of the goods and payment will be made within a period of 30 days upon inspection of the goods to ensure that they meet the necessary standards. 1.5. Payment shall be made through a cheque addressed to the bank that has been nominated by the supplier in writing
  • 8. 2. Delivery of goods 2.1. The supplier will be responsible for ensuring that the goods are delivered to the agreed premises. 2.2. The goods shall be supplied on the specific date that has been stated on the purchase order. If the date has not be stated, the goods shall be delivered within 5 days 2.3. Any delivery after the agreed time shall be deemed a default by the supplier and he shall be liable to pay for any damages incurred as a result of the delay 2.4. The goods shall be properly package and secured to ensure that they get to the agreed location without any damages 2.5. The supplier will attach a delivery note in the consignment. It will include details such as the date and number of the order as well as the details of the goods being delivered. 2.6. The delivery process shall be deemed complete once all the goods have been unloaded at the stated location 3. Quality of goods 3.1. The supplier shall be responsible for ensuring that all the delivered goods meet the required quality standards 3.2. The goods shall meet the set specifications on the purchase order 3.3. The supplier will ensure that the goods delivered are in the right condition. This will include the right design and materials. 3.4. The goods shall be available to be inspected and tested for quality purposes at any point before they are delivered. 3.5. Any goods that will not meet the required standards of quality shall not be accepted 4. Confidentiality 4.1. The supplier shall ensure that all information provided is kept confidential and not exposed or furnished to any third party. 4.2. There shall be no public announcement or disclosure of the agreed contract
  • 9. 4.3. The supplier shall ensure that the staff understand the need to ensure confidentiality of the contract and its contents 4.4. Any case of disclosure shall be deemed a default by the supplier and he will be required to pay for the damages caused 5. Ethics 5.1. The supplier shall remain ethical in all dealings in the production of goods and not engage in any unethical act that can portray the two parties as being unethical 5.2. The supplier shall disclose all the process of production for inspection and review to ensure that ethics has been upheld 5.3. Any case of unethical conduct reported about the supplier shall result to termination of the contract with no compensation for any work in progress 5.4. If there are cases of supply of goods produced unethically the supplier shall be deemed to have defaulted and will be required to pay for any damages caused 6. Termination 6.1. The contract may be terminated in whole or part any time before the goods ordered are delivered. This will be done by giving the supplier a notice where compensation shall be made for ongoing work. 6.2. The contract shall be terminated with immediate effect if there is prove of breach of the terms in the contract or involvement in unethical practices. Terms and conditions in management of risks i. Managing risk of poor quality The set terms and conditions ensures that the suppliers do not compromise on the quality of the products supplied. It has for instance been pointed out that it is the responsibility of the supplier to ensure that the goods supplied are of the required quality and meet the specifications in the purchase order. This is also emphasis on the design and the materials that are used to make the products which have to be of the right standards. In addition, the terms and conditions states clearly that any goods that do not meet the right quality will not be accepted. This ensures that the supplier focuses on quality and ensures that
  • 10. there is no compromise. This will also apply to the process of packaging and delivering the goods where the supplier will ensure that they are handled properly to avoid any damages. It has also been stated that the goods shall be available for inspection and testing before the delivery is made. This means that there is an opportunity to inspect the goods in the production process to ensure that the right materials are being used and that all the production processes are being undertaken in the right manner. In this way there is a greater assurance of delivery of quality goods as opposed to allowing the supplier to work without any specifications or inspecting the goods in the production process to ensure that the right material are being used (Walter, 2001). ii. Managing risk of time extension When contracting there is a risk of time extension where the contracted supplier may not be able to deliver the goods ordered at the right time and they will want to seek time extension. This could however mean that the organization will not be able to deliver on its obligations to the customers. It may also mean that there will be stoppages in the production process as a result of lack of materials for production due to the delays by the supplier. This is costly for the organization as it results to loss of trust by the customers and other costs such as idle time by the production employees. For this reason, the terms and conditions states that the goods that have been ordered for shall be delivered on the agreed date with no delay. If there is no such agreed day, the supplier will be required to deliver within 5 days from the time when the order is made. The supplier must confirm that they are able to meet this deadline and will not need any extensions. In addition, it has been stated that the supplier will be required for any damages that will be incurred as a result of the delay. This could include damages as the lost sales as a result of cancelled orders by customers due to delays as well as the idle time by the employees as a result of stoppages in the production process. These terms therefore ensure that the supplier remains committed to ensuring that the
  • 11. deliveries are made at the right time to avoid paying for the damages (Heim, 2008). iii. Managing risk of increased cost There is a risk of increased costs in the process of contacting for supplies where the supplier may want to increase the prices in as a result of the changes in the market conditions and market rates. This would be costly as it would mean that the goods have to be sold at a higher cost to cover for the increased input cost. This kind of price increases will however be prevented given the fact that the terms and conditions state clearly that the price quoted will remain fixed. This means that the supplier has to stick to the agreed prices despite the changes in the market trends. In addition, the currency in which the prices are set is also stated clearly which means that the supplier cannot decide to use a different currency which would result to increased prices as a result of the exchange rate costs. In addition, the terms and condition identify the taxes that have been included in the price and the tax that has not been included in the price. The price for instance is exclusive of VAT which means that the supplier cannot decide to include the VAT on the price stated in the invoice presented. The terms and conditions also help to avoid cases of price increase by ensuring that all the additional costs that are incurred in packaging, insurance and delivery which means that the supplier cannot decide to charge these costs separately which would mean an increase in the overall cost per product that is paid to the supplier. The terms and conditions therefore are effective in ensuring that there is no risk of price increase for the goods that have already been ordered (Nagle, 2006). iv. Managing risk of unethical practice Another common risk in the procurement and supply contracts is the risk of unethical conduct by the supplier which could have negative impacts to the image of the organization. If the supplier engages in unethical practices such as corruption, forced labor or illegal acts in the production process could result to an organization being viewed as being unethical as
  • 12. well for purchasing products. For this reason it is important to ensure that the supplier does not expose the organization to ethical issues by supplying goods that are produced using unethical practices. For this reason, the terms and conditions states that the supplier will need to ensure that all the goods that are supplied are produced using ethical process. It also states that the supplier will need to disclose all the process of production of the supplied goods where needed. This will offer an opportunity to establish any cases of unethical practices which could pose a threat to the image of the organization. In order to safeguard the interests of the organization, the terms and conditions states that any case of unethical practices that has been reported or established will result to termination of the procurement contract. This will ensure that the supplier does not compromise on ethics when supplying goods and will ensure that all the processes in the production of the goods are ethical. To further cover the risks that the organization is exposed to, the terms and condition also point out the fact that the supplier will pay for any damages incurred as a result of ethical issues arising from supplied goods. Such damages will include lost sales due to the damaged reputation of the organization in the public domain (Oliver, 2008). Concept of ‘battle of the forms’ Battle of forms can be described as the scenario where a legal dispute arises between two parties that are contracting as a result of each party insisting on its own standard terms. In this case both parties come to an agreement that they are entering a contract that will be binding. They are however not able to settle on the terms and conditions that will apply as each of the parties insists on the terms that are favorable to them. It starts with one of the parties or businesses making an offer which is usually in the form of a pre-printed contract that has his own terms. The party that is being offered the contract also responds with its own contract that also has a set of terms and condition which are favorable to them (Shahar, 2005). The battle of forms therefore arises when each of the parties fails to agree to the terms provided by the other party given the
  • 13. fact that the terms are only favorable to the respective party that is drafting and in most cases they contradict each other. The battle is eventually won by the party that presents the terms that are not explicitly declined by the other party and as such the contracts becomes valid. A good example of ‘battle of forms’ is in a case where a company purchasing delivers a purchase order to the supplier. The order however has a list of standard terms that are one-sided and only favorable to the company that is making the purchase and not good for the supplier. In response, the supplier sends an acknowledgement form that also has a list of standard terms that are only favorable to the vendor and which in fact are the opposite to the terms that are presented by the purchaser (Steensgaard, 2015). Ensuring agreement is carried out under own terms and conditions There are various ways to ensure that the agreement is carried out under own terms and conditions. One of these is ensuring that the terms are reasonable and that they are not one sided hence making it difficult for the other party to cope with. The terms should be reasonable enough where each party feels that they are fair and not biased towards one side. In addition, it should be easy to demonstrate the reasons as to why the terms and conditions have been set and the consequences that may arise as a result of failing to comply with the terms. As such it will be possible to convince the other party that they are good for both of them (Oliver, 2008). Another way to ensure that the terms are accepted by the other contracting party is to ensure that they are communicated early in advance. This ensures that the party develops an early perception of what to expect which will make it easier for them to accept the terms. This is as opposed to presenting the terms at the point when the contract is being signed when the other party has no considerable time to reflect on the implications of the terms. Presenting the terms and conditions at the last minute could result to the other party suspecting that there are hidden clauses which will not be favorable for them hence failing to agree to the terms (Thorpe, 2009).
  • 14. An organization can also ensure that own terms are applied in the contract by ensuring that the terms set are in line with the general industry terms and conditions. There are common terms that are applicable in contracts between hotels and suppliers for instance. Setting own terms which are close to the general terms and conditions that are applied in the industry makes it easier for the other party to agree to work with those terms. This is because they are used to them and will find it easy to cope. Where possible, the set terms and conditions should be closely aligned to those that were applied in similar contracts between the two parties before (Lawson, 2011). Monitoring and managing performance measures The management and monitoring of the key measures under the contract is achieved by ensuring that the supplier gets a good understanding of the terms and conditions. The terms and conditions outlines some of the key performance measures under the contract such as timeliness and quality of the goods that are delivered. Going through the terms and conditions therefore ensures that the supplier has a good understanding of the performance measures and what will be used to judge their performance. The terms and conditions ensure monitoring and management of relevant performance measures by ensuring that the organization has the ability to collect and analyze the necessary information in the production process. By collecting information on the production procedures, the organization is able to establish if the organization meets the necessary quality and ethical standards are met. Any form of compromise on the key performance indicators is established early in advance for necessary action to be taken (Poppo, 2014). The terms and conditions also allows for the inspection of goods during the production process, before they are packaged and when they are delivered. Inspection and teasing during the production process ensures that the right materials are used and that the processes are effective. The goods are also inspected before packaging to ensure that only products of high quality are packaged and also after delivery to ensure that they are in
  • 15. the right condition. The terms and conditions as such enables the organization to ensure that the suppler is effective enough and guarantees delivery of quality products which is a key performance measure. This provision also ensures that the organization does not have to wait until the supplier fails to deliver based on the performance measures in order to raise alarm. The organization may notice weaknesses in the production process where it will be in a position to raise the issue early in advance to avoid delivery of goods that do not meet the set standards (Gray & Handley, 2015). The organization will be able to give feedback to the supplier on the assessment made in a professional and constructive manner. This applies in the cases where it feels that the supplier is not in line with the performance measures either as a result of compromise on quality, timeliness, ethical issues or any other concerns. In this way the two parties are able to work together to come up with the necessary changes to ensure that the supplier is able to function in line with the performance measures. The terms and conditions clearly outlines the consequences of the supplier failing to meet the performance measures of the contract. It cites for instance the penalties that are to come about as a result of failure to deliver the right goods at the right time where he has to pay for the damages caused. This also applies to the liability for damages arising from ethical issues. Other consequences include the termination of contracts as a result of default by the supplier or failure to meet the performance measures. The consequences that are outlined in the terms and conditions makes it possible to manage the supplier in order to ensure that they meet the performance measures under the contract (Poppo, 2014). Reference Gray, J. V., & Handley, S. M. (2015). Managing contract
  • 16. manufacturer quality in the presence of performance ambiguity. Journal of Operations Management, 3841-55 Heim, A. F. (2008). Guide to service subcontract terms and conditions. Chicago: Strategic Alliances, Teaming and Subcontracting Committee, Section of Public Contract Law, American Bar Association Lawson, R. G. (2011). Exclusion clauses and unfair contract terms. London: Sweet & Maxwell Nagle, J. F. (2006). Administration of government contracts. Washington, D C: George Washington University, National Law Center, Government Contracts Program Oliver, R. W., (2008). Terms and conditions of contract. Ascot: Institute of Purchasing and Supply Poppo, L., (2014). Managing Contracts for Fairness in Buyer-- Supplier Exchanges. Strategic Management Journal, 35(10), 1508-152 Shahar, O. (2005). An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms. International Review of Law & Economics, 25(Conference on Commercial Law Theory and the Convention on the International Sale of Goods (CISG), 350-370 Steensgaard, K. (2015). Battle of the forms under the CISG - one or more solutions? Internationales Handelsrecht, 15(3), 89 Thorpe, C. P. (2009). Commercial contracts: A practical guide to deals, contracts, agreements and promises. London: Kogan Page Walter, W. S. (2001). Sample terms and conditions of printing contracts for California. Los Angeles, CA: Associations of the Printing Industries of California DEVELOPING CONTRACTS IN PROCUREMENT AND SUPPLY
  • 17. Assignment 2: Developing contracts in procurement and supply Membership: 005597613 Program name: CIPS Group Number: 6 DEVELOPING CONTRACTS IN PROCUREMENT AND SUPPLY Assignment 2: Developing contracts in procurement and supply Membership: 005597613 Program name: CIPS Group Number: 6
  • 18. Developing Contracts V2, March 2015 © CIPS 2014, Page 1 of 2 Practitioner Corporate Award Assessment 2 Module 3: Developing Contracts in Procurement and Supply Question 1: 100% of the total marks Tasks Using a set of your own Terms and Conditions, explain: (1) How your Terms and conditions ensure that you manage the risks of poor quality, extension of time, increased costs and unethical practice. (2) Explain the concept of the “battle of the forms” and demonstrate how you could ensure that any agreement is carried out under your own Terms and Conditions. (3) How your Terms and Conditions ensure that the relevant performance measures are monitored and managed. Guidance Your work should consist of approximately 3,000 words and any source materials such as web sites, reports, articles, market data, journals or texts should be referred to in your references or bibliography. Syllabus Coverage
  • 19. The following content from the Practitioner syllabus can be used to answer this assessment: • The main types of contracts and agreements • The documentation that is used to create commercial agreements for the supply of goods, services or works • The sources of express terms that can be used to regulate contracts made for the supply of goods or services • The legal issues that relate to the creation of commercial agreements with customers or suppliers relating to offers, counter offers, acceptance, and other issues • Core clauses that comprise commercial agreements with customers or suppliers • Key provisions of legislation that relate to contracts for the supply of goods and services • The use of contractual KPIs that link to technical and commercial requirements in contracts • The main types of risks in the performance of contracts such as internal, market, economic, legal, ethical sourcing and performance based risks • Performance management and ensuring compliance to agreed standards • Payment responsibilities in contract management • Creating targets for assessing the performance of suppliers based on the SMART (specific, measurable, achievable, relevant and timely) targets for performance
  • 20. Developing Contracts V2, Mar 2015 © CIPS 2014, Page 2 of 2 This assessment helps you achieve the following capabilities: • Develop appropriate contractual agreements for suppliers with stakeholders • Select appropriate contract terms that specifically relate to the supply of goods, services or works to be contracted for • Review processes and procedures for creating contracts to ensure that all legal requirements are complied with and recommend any changes required • Interpret and provide advice to colleagues and stakeholders on the core clauses of commercial agreements with customers or suppliers • Research legislation that relates to contracts for the supply of goods and services and advise stakeholders on their implications • Develop and advise colleagues and stakeholders on the use and benefits of KPIs applied to technical and commercial requirements in contracts • Work with suppliers, internal customers or stakeholders to achieve added value in procurement and
  • 21. supply • Evaluate the potential risks that purchased goods and services may be subjected to and liaise with suppliers and stakeholders to create plans to mitigate the adverse effects of these risks • Monitor the supply of goods and services to ensure required performance standards are achieved • Ensure compliance to, and take remedial actions for any deviations from contracted payment terms for purchased goods and services • Formulate SMART (specific, measurable, achievable, relevant and timely) targets for supplier performance and agree their application with suppliers and stakeholders • Create improvement plans to correct defective performance or to mitigate risks for purchased goods or services 1 5 CORPORATE AWARD PROGRAMME ASSIGNMENT FRONT SHEET
  • 22. STUDENT MEMBERSHIP NUMBER COHORT NAME and NUMBER Cohort 6 ASSESSMENT Code / Number AS2 MODULE TITLE Developing Contracts in Procurement and Supply SUBMISSION DEADLINE DATE Second Submission WORD COUNT 3184 Please do not change or remove the wording in this front sheet as this is required for all submissions under the Corporate Award Programme. Any submissions received without the correct front sheet will be returned to the candidate for amendment and re-submission and may delay marking. 1. Please ensure that you complete and attach this form to the front of your submission. It will not be accepted if it as sent as a separate file to the submission itself. 2. Before submission, please ensure that your name does not appear anywhere on your work. 3. By submitting your work, you are confirming that your work is your own and that you have read and understand CIPS rules regarding plagiarism and the consequences that will arise should you submit plagiarised work. Table of Content 1. Executive summary 2. Question one…………………………………………………………………… …. 3. Question two
  • 23. ……………………………………………………………………… 4. Question three …………………………………………………………………… 5. Conclusion Introduction: Terms and conditions is a set of regulations, which supplier and customer must agree to follow in order to create a contract. They will have to agree on terms and conditions of the contract as well as any possible liabilities in case of a breach of the contract. As one of the major companies in the world, SABIC has a set of detailed terms and conditions referred to as Standard Terms and Conditions in which supplier accepts and aware of before registering in SABIC as an approved supplier. Certainly, it is open for negotiation before the creation of the contract. The standard terms and conditions is very comprehensive to accommodate all type of contracts and types of suppliers. For instance, there is a special terms and contract for internal and external of KSA. Executive summary Subject matter This report evaluates and provides an analysis of the opportunities for the supply and procurement function, explains how the terms and conditions can be improved and how collaboration can be created with stakeholders to increase early engagement. The report also gives a general overview of the need for organizational policies and procurement in order to implement effective procurement supply. Key findings · After doing an extensive research, I drew attention to the fact that the company should identify and allocate purchasing activities to achieve the best value for money. I found out that
  • 24. it can be done by applying the five rights of acquisition and value for money criteria to any purchase of good and services similarly assessing the acquisition of possessions and amenities based on total cost of ownership is an important step. Furthermore, creating savings and improve efficiency requires the company to negotiate with the suppliers. · To improve the procurement and supply function, it should be taken into consideration the fact that our procurement and supply function is much more than the cost of getting products into the hands of our customers. In the report some partnership principles have been outlined that will help in the creation of collaboration with stakeholders. Undertaking stakeholder engagement in a collaborative manner will allow a substantial relationship to be built between the stakeholders and the company. In our case, we shall have to give consideration to the development of stakeholder engagement process to test knowledge and assumption. · Based on the fact that this report is a one-person’s point of view, there is need for improvement for highest results. Similarly, some of the recommended approaches may take time to accomplish but they are very effective once they are well implemented. The report did not discuss in detail how to ensure compliance with a low level of procurement regulation, reduce application of poor procurement and supply policies, and ensure enough support from top management. However, tit is evident in our company that the management of the company has the right measures in place Question One: How your Terms and conditions ensure that you manage the risks of poor quality, extension of time, increased costs and unethical practice SABIC is one of the greatest companies in Saudi Arabia. SABIC has grown over time and has diversified to produce various
  • 25. commodities. The growth can be attributed to various strategies that have been put in place by the company. The company has put in place various terms and conditions that are aimed at managing poor quality, extension time, increased costs and unethical practice. a. Risks of Poor Quality Supplies must deliver the product or service to the agreed place of delivery and receive an Acceptance Certificate and within thirty days the End User and Warehouse evaluate the materials and then supplier would be informed if either; the products or services supplied were accepted or it did not comply with the purchase agreement and that they have been rejected In case the supplied materials or services were rejected, it will be swiftly returned to the supplier at its sole risk and cost. In case the supplier had been paid fully or partly there before, for the rejected work, then the suppliers will be forced to replace the rejected work and credit not should be issued in respect thereof under Clause 1.9.2 of the Sabic Standard Terms and Conditions. In all respects, the work will conform to the quality specifications and requirement set in PO. If these requirements and specifications are not specified to customary and normal specifications or goods quality then this should be done in accordance to the accepted industry practices and applicable professional codes and standards. However, supplier cannot change the specifications, manufacturing or material processes without first seeking the consent from SABIC. Supplier guarantees and warrants that the work to be completed or delivered is free from defects, fault designs in workmanship and in material and so fit for the intended work for a period of one year from use, commissioning or installation. SABIC will notify supplier in accordance on
  • 26. discovery of failures or defects within the time in which warrant is still active. In addition, the supplier will compensate SABIC for all the expenses and losses it has reasonably suffered in relation to defect hence replacement and repairs under the warranty under Clause 1.10.3 of the Sabic Standard Terms and Conditions. b. Extension of Time: According to SABIC Standard Terms and Conditions, the supplier is ought to deliver the goods and services in the quantity states in purchase order to the point of delivering on the corresponding date of delivery. The date of delivery shall remain firm and should not be different except through a Change Order. Supplier must inform the stakeholders in writing if he expects there will be a delay in delivery. In the eventuality that the supplier fails to perform or deliver the work according to agreed date set in the PO, supplier will pay the buyer liquidated damages that equal two percent of the price for every week after the delivery date. c. Increased Costs The prices outlined in PO will be an all-inclusive and fixed. The price will not be varied without direct consent of SABIC shareholders given by the means of a written Change order as per Clause 1.3.2 of the Standard Terms and conditions. Payment has to be made to the supplier after sixty business days from the date of the invoice issuance. The price of the goods is all-inclusive of all and any taxes payable related to the purchase agreement. Moreover, payment will be in the currency that is specified in purchase order and has to be made directly by bank transfer to the bank account the supplier indicated in the database of SABIC during the process of supplier registration. Supplier must pay all related charges
  • 27. related to bank. The invoices ought to contain the PO number, quantities and work description and it will be supported by documentary proof of delivery or completion and also acceptance of work. According to SABIC policy and procedures, the change order in term of the price is only allowed within 10% of the total price of the goods and services and after acceptance of the stakeholders. d. Unethical Practice: According to SABIC standard terms and conditions, Supplier is expected to comply with SABIC code of ethics and conform to all applicable safety, environmental and health regulations and standards under United Kingdom laws as well as that of international standards. During supplier registration, supplier is introduced to SABIC code of ethics and its EHSS and must accept in order to complete registration as an approved supplier in SABIC. Suppliers should not commence any good, equipment or materials shipment or commence any other work or services until the insurance in effected or in force. In addition, supplier shall maintain, procure and carry comprehensive general liability insurance, which provides coverage for all damage due to bodily injury, which includes death at any time, and personal injury occurs to any person and for the damage to or loss of property caused by accident resulting from operations in relation to execution of the Purchase Agreement. Supplier must provide a healthy and safe workplace for his personnel, and protect the environment while carrying out any activities.
  • 28. As per SABIC Terms and Conditions, supplier must not to promise to pay, or pay, or authorize any form of payment for anything of value or money to any entity or person for the purpose of obtaining, inducing a decision, or retaining business, or any advantage related to the purchase agreement. The supplier has to, and shall ensure that all personnel complies with all laws applicable to anti-money laundering, anti- corruption, or anti-bribery. Question Two: Explain the concept of the “battle of the forms” and demonstrate how you could ensure that any agreement is carried out under your terms and conditions A contract is actually formed where an offer made by one of the parties is accepted by the other. There are intentions and considerations that are vital when forming a contract. When two commercial or business entities with equal bargaining power are in negotiation over transaction terms, each party would wish and want to use their standard terms in governance of the contract. That provision of standard terms by one party to another mostly constitutes an offer, which can be accepted. However, it comes a time when the other party does not unequivocally accept the other’s offer in such that they seek to vary the standard terms or they end up putting forward their own. This is deemed to be counter offer and leads to rejection of original part’s offer. According to the mirror-image rule of the common law, an acceptance that is different from the terms of a contract becoming a counter-offer (Carter, and Ketchum, 28-33). This serves as a rejection of the original contract. However, the common law rule has with time been replaced by statute in several jurisdictions to achieve fairness among parties. The only requirement currently is that the responding form has to contain a reasonable and definite acceptance expression. The responding form terms that
  • 29. correspond to the offer makes up the contract (Carter, and Ketchum, 28-33) In other cases, a situation may arise where two parties in attempt to incorporate their own standards term will usually bury themselves into question on to which terms will govern the contract and in some cases whether a contract is in existence at all. This situation of not coming into an agreement on whose contract to be used is known as battle of forms. The situation often occurs unwittingly and it mostly occurs when dispute arises and the parties involved seek to rely on a particular contractual term and so operative comes into question. I can ensure that any agreement is carried under my own terms and conditions by: · Making sure that the supplier is an independent contractor. · The purchase agreement together with master agreement incorporates the entire agreement between the parties involved. The agreement goes in line with respect to the matter pertaining purchase agreement and supersedes all prior representations, arrangements, negotiations, communications, agreement and contracts entered or made between the both parties. Consequently, I will ensure that the purchase is not bound by any standard or printed terms presented by supplier in quotation or any other document unless the purchaser is incorporated in the purchase Agreement. · Shan from making modifications of the Purchase Agreement will be effective with purchaser unless it is a written amendment, expressly stated as such and where both parties have signed. · Ensuring that before I enter into any contract with business, which is equally yoked. I will purpose to seek legal advice so that I do not enter into agreement that can mess me around. The
  • 30. legal advice will offer the bearing on when to call the shots. The legal advice explains the terms of the contract and outlines the rights and obligations under that contracts, negotiate more favorable terms in the contract, prepares a contract for me to enter into with another party. · As in any negotiation process, information is key such as the supplier place in the market and how much power they hold and the type of material as we can see below in the figure , as a buyer in SABIC I’d focus on the strategic items trying to establish a partnership relationship. In addition, for the leverage items I would have more power in the negotiation. For SABIC, it is important that the organization gets the best possible deal during the negotiation process. This does not mean that everything has to go according to what the supplier or the organization wants. It implies that the supplier and the organization need to understand the most important things that they have to agree upon during the negotiation process. Lack of clarity is the main cause of misunderstanding and disputes in contracts. The parties involved in the contract need to discuss every aspect of the contract carefully and ensure that the objectives of both sides are well as acknowledged and met. In any negotiation process, the organization should always settle for a win-win solution that will benefit both the parties. The other aspect that needs negotiation in the procurement/supply process is negotiating to have the objectives of the organization met. During the procurement/supply process, the organization should always negotiate to have a long-term relationship with the suppliers. This will enable the organization to come up with
  • 31. alliance parties networks, which are very important. The short- term benefits are not the most important thing in any contract but a relationship that will last for long even after the sourcing process has been completed. It is also important for the company to be conversant with the law as this helps to minimize environmental and business risks. More often than not, the legal system governing both the purchaser and supplier can have an impact on their contractual agreements. For example, countries such as the United States often have a common-law system that tends to make contracts longer. Therefore, the company ought to ensure that the contract is in tandem with the environmental and business laws depending on the supplier’s country of origin. Question three: How your terms and conditions ensure that the relevant performance measures are monitored and managed The terms and conditions ensure that the relevant performance measures are monitored and managed by. According to SABIC Terms and Conditions, it allow for the regular checking of supplier’s progress to make sure that contractual obligations are met. The terms also spell out the need for checking all clauses and conditions in the contract are acted upon by evaluating on any case of bleaching and taking action after seeking legal advice especially if non-conformance with the contractor occurs. The terms allow for regular and random inspections of the goods and services that have been supplied during the contract period to make sure that they are of suitable standard and they meet the specified specifications. In addition, the terms spell out how the suppliers could offer advice especially in writing if they are not satisfied with aspects of performance under the acting contract. As per SABIC Terms and Conditions, it point to the need for immediate action if problem occurs and also involving
  • 32. senior representatives of both supplier and procurer to solve the identified problems as soon as it can be done. The terms allow for the obtaining and developing mechanisms, which are effective when it comes to obtaining feedback from stakeholders on procurement. Moreover, the need for keeping adequate written records of all deals that supplier and that of the administration of contract. This can be through file notes of inspection, records of meetings, telephone conversations and documented invoice processing. The terms allow for the performing regular inspections of work to make sure that compliance with each and every applicable legislation, quality provisions, contract conditions and workplace safety and health is dependent on the nature of procurement, its associated risks and complexity and this could be on daily, weekly or monthly basis. SABIC holds records for every supplier monthly and yearly performance in term of quality and delivery. If supplier performance decreased below a certain percentage for a period of time, SABIC has the right to deactivate the supplier temporarily or permanently in SABIC which they would not have any new business with SABIC. The Saudi Basic Industries Corporation (SABIC) have a detailed and well-structured terms and conditions required in any procurement contracts between a seller and buyer to ensure a smooth and continuous operation be fully engaged in their obligations and responsibilities. Conclusion Setting terms and conditions in every organization especially those strikes deal on contract is very important. A contract, which is between two parties, is signed to do
  • 33. something or not to do something in return for a very valuable consideration. Actually, a contract cannot be done by one person. This means that, it is terms and conditions that are set in any contract that prevents parties in one organization from violating parties in the other organization in case of making business or other deals. It also regulates how employees, employers and stakeholder handle themselves and make them aware of the consequences if they do not follow terms and conditions. Additionally, for best results to be achieved, contract manager must monitor and manage the relevant performances as stated out in the contract. A contract should be updated to reflect all the changes in the organization, market and the world in general and this is one of the important factor for contracts. As a buyer for SABIC, I would recommend the following: for strategic items to have the inspection in the site of the supplier by an appointed SABIC representative before shipment to ensure the quality of the goods purchased. Another recommendation, is to have the records of the yearly performance of suppliers with SABIC visible to all buyers in which they can make their decisions before include the supplier the bidding process. References: Huang, H., X. Shen and H. Xu., Procurement contracts in the presence of endogenous disruption risk. Decision Sciences Volman, Thomas E, and Carlos Gordon. Building Successful customer-supplier Alliances. Long range planning Techer Comments to fix : You have made some major changes to your work. Your report began with a revised executive summary; however, this did not provide a summary of the key parts of your report or a summary of your findings.
  • 34. Instead it covered issues including total cost of ownership and partnerships which were not the subject of the assignment or covered in any depth within your main body. Your recommendations were also very generic and not focused on the assignment tasks. See the Candidate Assignment Guidance document for more information on the requirements of the executive summary. � � Techer Comments to fix : In terms of task one you did cover the risks highlighted in the question and did provide some discussion on your terms and conditions. However, this was very general and could have been supported by the inclusion of extracts from your organisation’s terms and conditions. You also could have referred to external sources in this section to support your discussion, as well as to elements from the syllabus. The lack of any inclusion of external sources or elements of the syllabus in this section resulted in it being very descriptive rather than analytical in approach.
  • 35. � � Techer Comments to fix : You did provide a discussion on the Battle of the Forms which did include some reference to external sources, but you could also have included some reference to case law. However, whilst you briefly discussed how your organisation deals with the Battle of the Forms, this could have been expanded upon to include other approaches that could be adopted to avoid the Battle of the Forms. However, you did consider the consequences to your organisation of losing the battle � � Bottleneck Items Strategic Items
  • 36. Supply Risk Non- Critical Items Items Leverage Items Impact on Results Techer Comments to fix : Your section on contract management did cover the issue of inspections during the contract’s duration. However, you could also have discussed the development and use of KPIs. This section could have been enhanced had you provided some specific examples of KPIs used within your organisation’s contracts and had you included some references to external sources to support your discussion.
  • 37. � � Techer Comments to fix : You also provided a very brief conclusion section which did provide very brief a summary of your main findings and this could have been expanded. You did include some recommendations; however, these were very brief and could have been both better linked to the findings within the main body and expanded upon. Also, you could have considered the implementation challenges of your recommendations. You could have expanded your research in connection with this topic and also made more use of your external research within the main body of your report to support your discussions.
  • 38. � � Techer Comments to fix : Your reference list consisted of only two sources. Areas for Improvement: Application and Insight • You should apply more of the content of the syllabus throughout your report to improve your analysis. • Produce an implementation plan showing how your recommendations could be implemented. • Include an enhanced conclusions section at the end of the report as well as developing some of your recommendations in more detail. Knowledge and Approach • Provide a more of a discussion covering managing contract performance.
  • 39. • Include more of the concepts taught on the syllabus within your report to support your discussion. • Cover the development and use of KPIs in the section covering contract performance. Research • Refer to the Candidate Assignment Guidance document that was issued for advice on referencing and on structuring your references and bibliography. • Try to make use of articles drawn from Supply Management and content from the CIPS website, as there are useful materials on these on aspects of contracting, such as the Battle of the Forms, KPIs, contract terms etc. • Include more external sources within the main body of your report to improve and support your discussion. Structure and Presentation • Ensure your executive summary provides an effective summary of your report - see the Candidate Assignment Guidance document for advice on this.
  • 40. • Include expanded conclusions and recommendations sections. Corporate Award Programme Candidate Assignment Guidance Version 7.0 July 2016 Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 2/16 © copyright CIPS
  • 41. Contents 1. Overview ............................................................................................... ......................................................3 2. Submission requirements – important ............................................................................................... ........3 3. Planning and conducting your research ............................................................................................... ......4 4. Structuring your assignment submission ............................................................................................... ....4 5. Assignment front sheet ............................................................................... ................ ...............................5 6. Contents Page ............................................................................................... ..............................................5 7. Executive Summary ............................................................................................... .....................................5 8. Assignment – main body ............................................................................................... .............................6
  • 42. 9. Conclusions and recommendations ............................................................................................... ............7 10. Referencing .................................................................................. ............. ..............................................7 11. Reference list ............................................................................................... ...........................................8 12. Bibliography ............................................................................................... .............................................9 13. Appendices ............................................................................................... ..............................................9 14. Word Count ............................................................................................... .......................................... 10 15. Policies ............................................................................................... .................................................. 11 a. Plagiarism ............................................................................................... ................................................. 11 b. Reasonable adjustment and special consideration ................................................................................. 11 c. Extensions beyond submission deadlines
  • 43. ............................................................................................... 12 d. Assessment reviews and appeals ............................................................................................... ............. 12 16. Grading ............................................................................................... ................................................. 12 17. Marking and results ............................................................................................... .............................. 12 18. And finally ............................................................................................... ............................................. 13 Appendix 1: Assignment Assessment Criteria ............................................................................................... .. 14 Appendix 2: Command Words ............................................................................................... .......................... 15 Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 3/16
  • 44. © copyright CIPS 1. Overview The assignment brief is set by CIPS and all assignments are validated to ensure a standard approach. The purpose of each assignment is to enable you to demonstrate your ability to research, analyse and problem solve in different situations. You will be expected to approach your assignment work from a procurement and supply context, addressing the brief directly and undertaking the tasks required. The assignment will relate directly to the specified module content and is marked using the assessment criteria provided as an appendix to this guide. Read carefully the assignment title and guidance for candidates. The assignment will identify which modules it is designed to assess. Use the relevant content from the stated modules as the basis of your assignment. It will help you structure your planning and research. Ensure you plan your assignment to meet all of its requirements. 2. Submission requirements – important
  • 45. 2.1 Include the assignment front sheet 2.2 The maximum number of documents you can submit for an assessment is one 2.3 All of your work must be contained in one document 2.4 You must not submit appendices as separate documents 2.5 You must word process your assignment using MS word, or equivalent, and convert it in to a pdf file format a. The file name should only consist of your full 9-digit membership number and the assignment number, e.g. “005429889 AS1.pdf”. Please note that this should reflect the assignment number, not the module number. b. You may wish to make use of Adobe Acrobat’s Reduce File Size… function 2.6 Every page should be numbered and contain your candidate number at the top of the document in the header. The average number of pages for a 3,000 word assignment is 27 (including appendices). The maximum number of pages allowed for a 3,000 word assignment is 50 pages in total. You should not exceed this
  • 46. allowance. In the case of the integrative assignment, the average number of pages for a 5,000 word assignment is 45. The maximum number of pages allowed for a 5,000 word integrative assignment is 100 pages in total. You must hand in your assignment no later than the submission deadline stated in your timetable. There are penalties if your submission is handed in late without prior agreement from CIPS through the Reasonable Adjustment, Special Consideration or Extension Policies (see section 15, page 8 and 9). Submissions that do not meet the submission requirements (for example Word .doc rather than .pdf, multiple files, candidates name present) will not be accepted and if the revised version is not sent within the submission timeframe the corrected version may be subject to penalty. Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 4/16 © copyright CIPS 3. Planning and conducting your research
  • 47. It is important that you address the requirements of the assignment brief. Some students fail to do this and overlook one or more requirements of the assignment brief. The assignment title will include command words. These are words such as “analyse”, “describe” etc. and define what you are expected to do. A list of common command words and their definitions is included as an appendix to this document to help you plan the depth of detail and type of information to research and present within your assignment. You should take care when reproducing company information not already in the public domain within your assignment. It is your responsibility to ensure you comply with your own company expectations if the information is considered confidential or sensitive. CIPS is looking for evidence that a student understands a concept and can apply it appropriately within a given contexts defined by the assignment brief. In order to address the assignment tasks, it is not necessary to identify any real suppliers or products. Therefore, it is acceptable to refer to a supplier as ‘Supplier A’ for example, rather than identify real suppliers. Products can be referred to as product ‘X’ or ‘Y’ for example,
  • 48. rather than identify any sensitive procurements. It is best practice to explain, within your introduction, the naming conventions you will adopt e.g. “for the purposes of confidentiality, suppliers or products will be referred to as…”. Research forms part of the assessment criteria, hence it is an essential element of your assignment preparation. Do not fail to realise the importance of collecting information to support and underpin your assignment work. It is vital that you demonstrate your ability to establish information needs, obtain relevant information and use it sensibly, in order to arrive at appropriate conclusions, recommendations and/or decisions. You should establish the nature of the information required, follow up possible sources and ensure you allow time to obtain the information. You may be dependent on other colleagues or suppliers to obtain relevant information – do not underestimate the time it may take you to gather it. In order to conduct your research effectively, you will need to conduct wider reading associated with the topics covered in the module content. Useful sources of information include those freely available to CIPS members such as our Knowledge site and
  • 49. the Supply Management site. Additionally, websites such as those of the National Audit Office and the Financial Times are a great source of case studies and examples of successes and failures which can support your assignment preparation. Your reference list and bibliography will provide an indication of the level of research, information collection and application within your assignment. 4. Structuring your assignment submission Presentation: Your assignment submission should be word processed with minimum font size 12pt and 1.5 or double line spacing. You should adopt an appropriate layout and structure for your assignment submission. The structure and presentation of your assignment is considered as part of the marking process so it is important that you take the time to carefully plan your assignment and use a logical layout and structure. This guidance document outlines a suggested structure for your assignment. Leading global excellence in procurement and supply
  • 50. CAP_Candidate_Assignment Guidance_V7 July2016 5/16 © copyright CIPS For many of you this assignment will be dealing with issues that are of importance to your employer and they will, in all likelihood, be interested in seeing a copy of your assignment. Spending some extra time making it as professional as possible will pay dividends here. Approach: The assignment title may include a number of requirements. Read it carefully and identify what these are. Plan your assignment and research to ensure that you address all the requirements. As a guide, you should aim to place approximately equal emphasis on each requirement within the layout of your assignment submission. This means you will usually produce approximately the same volume of content for each requirement within your assignment submission. Plan your research and the structure of your assignment submission accordingly. However, during your planning or research, you may identify that it is not appropriate to place equal emphasis on each requirement within the assignment title. For example, factors beyond your control, such as the nature of
  • 51. your organisation or the external business environment in which it operates, may mean that it is not appropriate to place equal emphasis on each requirement of the assignment title. In such circumstances, acknowledge this within your assignment submission to demonstrate to the assessor that you have considered all the requirements of the assignment title. Explain to the assessor why you have adopted a particular approach to demonstrate your ability to make judgements. Think carefully about the structure, style and content of your assignment; the key is to ensure you justify any deviation from the assignment requirements in order to explain to the assessor why you have adopted an unusual approach. Failure to do so could mean you fail to gain marks in the knowledge and approach section of the assessment criteria. Remember also that the marking team will not be familiar with your company, company-specific terminology or acronyms. Take care to ensure you explain necessary background information, or the meaning of company- specific terminology, in order to provide the marking team with an understanding of the nature of your organisation and the business environment in which it operates.
  • 52. 5. Assignment front sheet Please complete and attach the assignment front sheet to your submission. Your name should not appear anywhere within your assignment. 6. Contents page The contents page helps the reader to navigate around the document and highlights important sections and sub-sections; this also helps you to ensure your work is structured and flows in a logical order. 7. Executive summary The aim of an executive summary is to prepare the reader, in advance of reading a lengthy document, for what to expect. It should briefly summarise the content and conclusions/recommendations. This is good academic and business practice and is recommended for all assessments (assignments and project work). We recommend you keep this to one page if possible. Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 6/16 © copyright CIPS
  • 53. 8. Assignment – main body CIPS recommends a short introduction to the assignment to set the scene. You may wish to take the opportunity to introduce your company or the business environment relevant to your assignment, define any relevant terms, explain the scope of your assignment, the approach you have taken, any exclusions and assumptions. Assignments should have a good balance of relevant underpinning theory, tools or models and practical application (use of examples from your organisation, or one with which you are familiar). You must select appropriate models to demonstrate knowledge and application. It is suggested you consult and reflect upon the programme content for the relevant module(s) in the first instance and conduct an audit of the theories, tools and models etc., in order to identify those which may be appropriate for your assignment. For any theories, tools or models that you include, your assignment should contain a brief description and justification of its selection in relation to your analysis. You should ensure you include discussion on how it was used
  • 54. and what information was generated from it – interpret the findings of your analysis. Avoid citing models, tools etc., without applying them within your analysis as this will gain no marks. You may wish to use tables or diagrams to demonstrate your application of relevant tools or models. When including information about the theories, tools and models etc. within your assignment, narrative should be integrated in to the content of your assignment. Assignment submissions which simply skip from one model or tool, for example, to the next, without linking them in some way or consolidating them in conclusions, will be unlikely to demonstrate the extent of your comprehension of the module content and your ability to apply it to practical business situations. Providing a sound argument for selection and application of a particular theory, model, tool or technique – highlighting why it is appropriate, its strengths and weaknesses/limitations (as well as your findings) – is likely to be awarded higher marks. The positioning of models/tools and techniques will depend on a number of factors, but ideally you should aim for a good balance of discussion and visual impact. It is a
  • 55. matter of personal judgement and preference, but, essentially they should be relevant and visually enhance the work, enabling the reader to grasp the flow of your discussion. You should also consider: task assignment an argument may be better placed in the Appendices The application and insight section of the assessment criteria is the most heavily weighted. It is important to demonstrate your ability to apply relevant tools, theories, models etc., according to the modules content and the assignment title. The outcomes of your application will generate evidence which you must present within your assignment submission. Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 7/16
  • 56. © copyright CIPS 9. Conclusions and recommendations Again, the application and insight section of the assessment criteria is the most heavily weighted. You must, therefore, ensure you demonstrate your ability to interpret your evidence and findings by providing recommendations, proposals for change and/or conclusions, as appropriate, which are consistent with the evidence you have generated. This will exhibit the validity of your insight. Thorough application of tools of analysis will help to provide strong findings which will form the foundation of your conclusions and recommendations. Your conclusions and recommendations must be consistent with your analysis and findings and should act as a summary. It is important that any conclusions or recommendations are justified as part of your overall assignment submission. When you have completed your assignment, take time to re-read it a day or so later and check that your conclusions really are consistent with the evidence generated from your analysis. 10. Referencing
  • 57. In order to avoid plagiarism, whenever you use someone’s words directly, or make reference to the ideas or work of others, you must reference this appropriately using a recognised referencing system, such as the Harvard system of referencing or as outlined in the CIPS Reference Guidance document. The following points will help you cite sources of information appropriately within the body of your assignment. ur assignment to a particular document, the author (or editor, compiler or translator) individual or organisation and year of publication are inserted in brackets: o e.g. Agriculture still employs half a million people in rural Britain (Shucksmith, 2000). year of publication is given: o e.g. … concept is discussed by Jones (1998)… published in the same year, these are distinguished by adding lower case letters (a, b, c) after the year: o e.g. (Watson, 1999a) o e.g. (Lines and Walker, 1997)
  • 58. followed by ‘et al.’: o e.g. (Morgan et al., 1998) another party word-for-word; the exact words must be copied from the source document. When citing quotations, include the page number of where the quotation can be found in the source document. Please note quotations used within your assignment content are included within the total word count. o Short quotations may be run into the text, using single quotation marks. o e.g. While they recommend that teams ‘...be encouraged to improve collaboration within an organisation autonomously’ (Driedonks, et al., 2010, p. 115), they ... Longer quotations should be separated from the rest of the text by means of a new and indented paragraph and optional size reduction. These do not need quotation marks, however the author, date and page reference must be included in brackets at the end of the indented paragraph of quoted text. You are advised to use long quotations sparingly as they are included as part of the word count. Ask yourself whether they Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 8/16
  • 59. © copyright CIPS really add value to your assignment, or whether there is a better way of representing the information you wish to present to the reader of your assignment. Referencing electronic resources can be confusing, it is difficult to know which information to include or where to find it. As a rule, provide as much information as possible concerning authorship, location and availability. Electronic citations require much of the same information as print sources (author, year of publication, title, publisher). However, some extra details are required: ccessed the source in an electronic format identify when a source was viewed or downloaded) database or web address) Unlike printed material, internet sources can easily be changed, or disappear altogether, so full and accurate citation information is essential. Example – referencing web documents British Lawnmower Museum (no date) Lawnmowers of the Rich and Famous [online] Southport, British Lawnmower Museum. Available: http://www.lawnmowerworld.co.uk/Rich.htm [Accessed10 March 2004] Example – referencing electronic journals
  • 60. Hart, K. (1998) The place of the 1898 Cambridge Anthropological Expedition to the Torres Straits (CAETS) in the history of British social anthropology. Science as a culture. [Online] 11 (1). Available: http://human- nature.com/science-as-culture/hart.html [Accessed 9 November 2003] Example – referencing journal articles from a web-based full- text database Mahoney, R. (2000) Leadership and learning organisations, The Learning Organization. [Online] 7 (5), 241-244. Available: http://www.emerald-library.com/brev/11907ec1.htm [Accessed 23 October 2000] The source materials you use should be included in a reference list at the end of your assignment. See the following sections relating to your reference list and bibliography. 11. Reference list A reference list is essential to ensure the works of others is acknowledged and to avoid the risk of plagiarism issues. You must use a recognised referencing system, such as the Harvard system or as outlined in the CIPS Reference Guidance document, as assessors will need to identify sources you have accessed during your research and used within your assignment. See the section relating to referencing for information on how to cite sources of information within the body of your assignment.
  • 61. References are arranged alphabetically by author’s name (or title, if no author) which has been used in the body of the text and should be presented in the following way: - include where possible, the following information in the order listed here: o Author(s)/Editor(s) - Surname first, followed by first name(s) or initials (be consistent). Include all names if there are two or three authors; if more than three, use the first name and then et al. For editors, compilers or translators (instead of author), give the abbreviation ed/eds, comp/comps or trans following the name(s): e.g. Peckham, T. and Smith, G. (eds.) o Year of publication – e.g. (1996) http://www.lawnmowerworld.co.uk/Rich.htm http://human-nature.com/science-as-culture/hart.html http://human-nature.com/science-as-culture/hart.html Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 9/16 © copyright CIPS o Title - capitalise the first letter of the first word and any
  • 62. proper nouns; use bold, italics or underline (be consistent); Include any sub-title, separating it from the title by a colon o Edition - only include if not the first edition o Series - include if relevant. Modern versions of MS Word have some helpful tools to assist with referencing and citations. These allow you to build a list of sources which you can access to cite in the body of your assignment using the “insert citation” tool under the references section of the toolbar. It allows you to insert a list of “works cited” which will automatically include all sources which you have cited within your assignment. 12. Bibliography When researching subject areas, you may read widely, but not all will be relevant to the assignment you are working on. However, this work should not go unrecognised and more importantly, a bibliography records earlier reading that may be useful later when researching for future assessments or projects. If you have documented your reading, this can be located again with ease. 13. Appendices
  • 63. Core material – which is defined as text that the assessor would need to read in order to understand and appreciate your work fully – should NOT be placed in appendices. An appendix is not a “catch-all”, or a substitute for effective writing and editing of your assignment to meet the word count. You do not have to use appendices – indeed; it is considered best practice that assignments only include appendices in exceptional circumstances. For example, information that is not essential to your assignment, but validates the content of it, provides confirmatory evidence or provides information or material that the assessor would not otherwise be able to access, should be placed in an appendix. Documents that are available in the public domain should be referenced, in accordance with a recognised referencing system, rather than including them as appendices. Examples of things which could be useful as appendices to an assignment include: • Supporting evidence – feedback, testimonials, stakeholder interview outcomes etc. • Technical information presented in tables and graphs – organisational charts, statistics etc.
  • 64. • Supplementary data which adds useful information or insight, but is not essential to the understanding of the personal statement – including organisation-specific material (ensure appropriate permissions have been sought for use outside your organisation). Appendices should be presented in the order they are mentioned in your assignment, and it is essential to refer to each appendix within the text of your assignment. You should NOT include something as an appendix if it is not discussed within the assignment, nor should you include any material which is readily available in the public domain – it should be referenced in the text of the assignment using a recognised system of referencing. Appendices do not form part of the word count for your assignment. Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 10/16 © copyright CIPS
  • 65. 14. Word Count The expected word count for your assignment will be highlighted on your assignment task. Your assignment can be up to 10% below the stated word count, or up to 10% higher than the stated word count. If your assignment exceeds (or falls short of) the stated word count by more than 10%, you may fail to gain marks under the structure and presentation section of the assessment criteria. The following are excluded from the word count: ams, graphs etc. You must state your assignment word count on the assignment front sheet.
  • 66. Leading global excellence in procurement and supply CAP_Candidate_Assignment Guidance_V7 July2016 11/16 © copyright CIPS 15. Policies a. Plagiarism Plagiarism is submitting someone else’s work as your own when you are not the author. The attempt to pass- off the ideas, research, theories, or words of others as one's own is considered to be a serious academic offence. Most students know when they are intentionally plagiarising, for example, copying an entire essay out of a book or buying a paper off the Internet. However, many students are tripped up by unintentional plagiarism – not giving proper credit for others' quotes, facts, ideas, or data. A good rule-of-thumb for students is to always give credit for any ideas that are not their own by citing their sources. The most common forms of plagiarism are: rial from a website
  • 67. publication You must take care when writing your assignment that the work you submit is your own. You are permitted to reproduce short extracts, diagrams, tables and illustrations from other publications. But, these must be clearly referenced and the … Leading global excellence in procurement and supply 1/2 Corporate Award Assignment Feedback Candidate Number: 005560614 Programme: SABIC Cohort 6 Practitioner AS2 Event ID: 113235892 Module title: Module 3: Developing Contracts in Procurement and Supply
  • 68. Assessment criteria Distinction Merit Pass Fail *Candidates are advised to refer to the Assessment Criteria within the Candidate Assignment Guide in order to understand the expectations of each section of the Assessment Criteria. Strengths and weaknesses of the Assessment: You have made some major changes to your work. Your report began with a revised executive summary; however, this did not provide a summary of the key parts of your report or a summary of your findings. Instead it covered issues including total cost of ownership and partnerships which were not the subject of the assignment or covered in any depth within your main body. Your recommendations were also very generic and not focused on the assignment tasks. See the Candidate Assignment Guidance document for more information on the requirements of the executive summary. It would also have been useful to include some information about your organisation in order to provide some context for your report.
  • 69. In terms of task one you did cover the risks highlighted in the question and did provide some discussion on your terms and conditions. However, this was very general and could have been supported by the inclusion of extracts from your organisation’s terms and conditions. You also could have referred to external sources in this section to support your discussion, as well as to elements from the syllabus. The lack of any inclusion of external sources or elements of the syllabus in this section resulted in it being very descriptive rather than analytical in approach. You did provide a discussion on the Battle of the Forms which did include some reference to external sources, but you could also have included some reference to case law. However, whilst you briefly discussed how your organisation deals with the Battle of the Forms, this could have been expanded upon 2/2 to include other approaches that could be adopted to avoid the Battle of the Forms. However, you did consider the consequences to your organisation of losing the battle. Your section on contract management did cover the issue of inspections during the contract’s duration. However, you could also have discussed the development and use of KPIs. This section could have been
  • 70. enhanced had you provided some specific examples of KPIs used within your organisation’s contracts and had you included some references to external sources to support your discussion. You also provided a very brief conclusion section which did provide very brief a summary of your main findings and this could have been expanded. You did include some recommendations; however, these were very brief and could have been both better linked to the findings within the main body and expanded upon. Also, you could have considered the implementation challenges of your recommendations. You could have expanded your research in connection with this topic and also made more use of your external research within the main body of your report to support your discussions. Your reference list consisted of only two sources. Areas for Improvement: Application and Insight • You should apply more of the content of the syllabus throughout your report to improve your analysis. • Produce an implementation plan showing how your recommendations could be implemented. • Include an enhanced conclusions section at the end of the report as well as developing some of your recommendations in more detail. Knowledge and Approach
  • 71. • Provide a more of a discussion covering managing contract performance. • Include more of the concepts taught on the syllabus within your report to support your discussion. • Cover the development and use of KPIs in the section covering contract performance. Research • Refer to the Candidate Assignment Guidance document that was issued for advice on referencing and on structuring your references and bibliography. • Try to make use of articles drawn from Supply Management and content from the CIPS website, as there are useful materials on these on aspects of contracting, such as the Battle of the Forms, KPIs, contract terms etc. • Include more external sources within the main body of your report to improve and support your discussion. Structure and Presentation • Ensure your executive summary provides an effective summary of your report - see the Candidate Assignment Guidance document for advice on this. • Include expanded conclusions and recommendations sections. Corporate Award Assignment FeedbackApplication and InsightKnowledge and ApproachResearchStructure and Presentation
  • 72. SAUDI BASIC INDUSTRIES CORPORATION- General Terms and Conditions for the Purchase of Goods and Services 1/4 Version 1.3 January 2019 Classification: Internal Use 1 GENERAL PROVISIONS These general terms and conditions for the Purchase of Goods and/or Services (“GTC”) shall apply to any Purchase Contract except as otherwise expressly agreed in such Purchase Contract. In case of any conflict between the main body of a Purchase Contract and the attachments thereto, the provisions of the main body of a Purchase Contract shall apply unless otherwise expressly provided. Any general or special conditions of Supplier are hereby explicitly and entirely rejected and shall not apply to any Purchase Contract even if referred to or printed on any bid, web site, price quotation, order confirmation, invoice or any other document or communication of Supplier. 2 DEFINITIONS
  • 73. The following terms shall have the following meaning: 2.1 ”Affiliate” means, in relation to a Party, any individual or entity that at any time controls, is controlled by, or is under common control, with such Party, with “control” meaning directly or indirectly owning a majority equity interest in, or otherwise having the power to direct the business affairs of, the controlled entity, provided that SABIC’s Affiliates shall be limited to SABIC and entities now or hereafter controlled by it. 2.2 “Delivery Point” means the place agreed in the Purchase Contract where Goods are to be delivered or where Services are to be performed. 2.3 “Force Majeure” means any circumstance beyond the reasonable control of the affected Party, which materially affects the performance of any of its obligations under the relevant Purchase Contract, and could not reasonably have been foreseen or provided against, with exception of any changes in economic conditions, costs and delivery of raw materials and strikes and other labor disputes of Supplier’s personnel which do not qualify as force majeure. 2.4 “Goods” means the goods (if any) as specified in the
  • 74. relevant Purchase Contract, including any related designs, materials, equipment and documentation. 2.5 “EHSS Laws” means any and all laws, rules, and regulations and the terms of any permit, authorization, license and, to the extent they would be observed by a prudent operator, any codes of conduct or any practices related to environment, health, safety and security, including on the (a) protection of air, water, soil, flora, fauna and man, or (b) generation, transportation, storage, treatment, disposal or presence of any natural or artificial substance, including but not limited to hazardous, polluting, toxic or dangerous substances, waste, radiation, electricity and heat; or (c) human health and safety in or around the workplace. 2.6 “Incoterms” means the International Commercial Terms 2010 as issued by the International Chamber of Commerce. 2.7 “Intellectual Property Rights” means any intellectual and industrial property rights including, but not limited to, patents of any type, design rights, utility models or other similar invention rights, copyrights, database rights, mask work rights, moral rights, trade secrets, know-how or confidentiality rights, trademarks,
  • 75. trade names and service marks and any other intangible property rights (including applications and registrations for any of the foregoing) in any jurisdiction, and whether or not registered or perfected, whenever and however arising. 2.8 “Order Confirmation” means the document or other written communication issued by Supplier to Purchaser accepting a Purchase Order. 2.9 “Party” shall mean each of Purchaser and Supplier and “Parties” shall mean Purchaser and Supplier. 2.10 "Personal Data" means any information relating to an identified or identifiable natural person. 2.11 “Processing Personal Data” means any operation or set of operations performed upon Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Process Personal Data” shall be construed accordingly.
  • 76. 2.12 “Purchase Contract” means any agreement for the purchase of Goods and/or Services resulting from a Purchase Order and the corresponding Order Confirmation. 2.13 “Purchase Order” means the document, including any attachments thereto, issued by Purchaser to order Goods and/or Services from Supplier. 2.14 “Purchaser” means the legal entity specified in the relevant Purchase Contract as purchasing Party. 2.15 “Purchaser Personal Data” includes any Personal Data obtained by Supplier from Purchaser or Purchaser’s Affiliates, and/or any Personal Data being Processed by Supplier on behalf of Purchaser or Purchaser’s Affiliates. 2.16 “Security Breach” includes any event involving an actual, potential or threatened compromise of the security, confidentiality or integrity of Purchaser Personal Data, including, but not limited to, any unauthorized access or use, or any broader circumstances as defined in any applicable laws, rules, and regulations.
  • 77. 2.17 “Services” means the services (if any) as specified in the relevant Purchase Contract. 2.18 “Specifications” means the (technical) specifications, of the Goods and/or Services as set out in the relevant Purchase Contract or otherwise expressly agreed in writing by Purchaser and Supplier. 2.19 "SABIC" means Saudi Basic Industries Corporation. 2.20 “Supplier” means the legal entity specified in the relevant Purchase Contract as supplying Party. 3 ORDERS 3.1 Purchase Orders shall become binding on Purchaser only upon the written acceptance of the Purchase Order by Supplier by the issuance of an Order Confirmation. Purchaser shall be entitled to make changes to a Purchase Order prior to the receipt of an Order Confirmation. Changes by Purchaser to a Purchase Order for which an Order Confirmation has already been received, shall not be binding unless accepted by Supplier by the issuance of a new Order Confirmation or upon
  • 78. delivery of the Goods or provision of the Services in accordance with such changes, whichever is earlier. In the event that an Order Confirmation deviates from a Purchase Order, such deviation shall be binding on Purchaser only if explicitly approved in writing by Purchaser. 4 QUALITY 4.1 Supplier shall implement and maintain appropriate quality control systems and documented procedures which meet good industry practice and ISO 9001 and which ensures that the Goods and Services comply with (a) all statutory and other legal requirements; (b) the warranties stated in Article 11; (c) good industry practices; and (d) standards and any other requirements specified in the Purchase Contract. 4.2 If at any time Supplier becomes aware of any event that causes, or is likely to cause, that the Goods and/or Services do not comply with the quality requirements set out in the provisions of this Article 4 and the warranties stated in Article 11, Supplier shall promptly notify Purchaser in writing after becoming aware of such event. Such notification is without prejudice to any rights and remedies Purchaser may have against Supplier resulting from such non-compliance.
  • 79. 4.3 Supplier shall timely notify and obtain approval from Purchaser in writing in advance of implementing any change that can reasonably be expected to adversely effect the Goods delivered and/or Services provided to Purchaser, including, but not limited to, any change in: (a) the quality control systems or procedures set out in this Article 4; or (b) the manufacturing location, manufacturing process, raw materials or proportions of raw materials used in Goods delivered to Purchaser under any Purchase Contract. 5 INSPECTION 5.1 Unless otherwise agreed in the Purchase Contract, Supplier shall, at its own cost, inspect and test the Goods before delivery to Purchaser in accordance with its standard inspection and testing procedures and good industry practice and standards. Purchaser shall have the right, but not the obligation, to inspect or cause the inspection of the Goods and/or Services at Supplier’s premises at any time prior to delivery of such Goods, including during their manufacturing, processing or storage, or prior to completion of such Services. Where the Goods and/or Services are determined to be compliant with the Purchase Contract, the Purchaser shall
  • 80. bear the cost of such inspection and where the Goods and/or Services are determined not to be compliant with the Purchase Contract, the Supplier shall bear the cost of such inspection. Purchaser is under no obligation to conduct any inspection or test of the Goods and/or Services upon, or after, Purchaser’s receipt of the Goods and/or completion of the Services. 5.2 Purchaser shall have the right to inspect and test at any time at Supplier’s premises or any other location, all goods and/or services and all materials, equipment, facilities and quality control systems and procedures utilized by Supplier in producing Goods or providing Services. 5.3 Inspection or testing pursuant to the provisions of this Article 5 shall not constitute acceptance of any Goods or Services by Purchaser and shall not relieve Supplier of any of its obligations under any Purchase Contract. 6 PACKAGING AND DOCUMENTATION 6.1 Supplier shall ensure that the Goods are packaged, labelled, stored and handled: (a) as safely and carefully as possible; (b) in a manner that prevents them from being damaged during loading, transportation and off-loading; (c) in compliance with
  • 81. all applicable laws, rules and regulations, including those related to goods containing any hazardous and chemical substances; and (d) in accordance with any packaging instructions and specifications provided by Purchaser. Upon Purchaser’s request, Supplier shall remove or take back any containers, packaging material, and waste at its own expense and risk. 6.2 Supplier shall, where applicable, provide Purchaser with all complete, accurate, and necessary documentation relating to the Goods, including, but not limited to: documents, data and instructions regarding the safe handling, storage, usage and disposal of the Goods, material safety data sheets, and all certificates customary for such type of goods and relevant mode of delivery, such as certificates of origin, certificates of analysis and certificates of conformity. 7 DELIVERY 7.1 Unless otherwise agreed in the Purchase Contract, Supplier shall deliver the Goods at the Delivery Point in accordance with DDP (Delivery Duty Paid), as defined in the Incoterms. 7.2 The Supplier shall carry out the Services at the agreed location(s) and agreed
  • 82. delivery date(s) according to the Specifications, the warranties stated in Article 11 and good industry practice. The Services shall be deemed performed only after Purchaser has confirmed to Supplier in writing that the Services provided have been accepted. 7.3 Time is of the essence for performance of the Purchase Contract by the Supplier and the agreed delivery dates for the delivery of Goods and/or the performance of Services indicated in the Purchase Contract shall be firm and binding. If, at any time, the agreed delivery dates for delivery of Goods or performance of Services will not be met, Supplier shall, without delay, give notice to Purchaser in writing stating both the reasons for the delay and the estimated delay in delivery time. 7.4 If Supplier fails to deliver the Goods and/or perform the Services in accordance with the agreed delivery date(s) Supplier shall pay or allow to Purchaser liquidated damages in an amount equal to two per cent (2%) of the Purchase Contract price for each week (or part thereof) that the delivery of Goods and/or performance of the Services is delayed beyond the corresponding delivery/performance dates. The Parties agree that the delay liquidated damages represent an agreed genuine pre- estimate of the losses likely to be suffered by Purchaser as the