Chapter 3 Flashcards

1
Q

Remember, always refer to CIPS CoC when actioning RfP process

A
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2
Q

What is the definition of Cartel?

A

A group of companies working together to prevent competition. i.e., control price swings and supply to the market.

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3
Q

What regulation dictates product safety in the UK?

A

The consumer rights act 2015 which states products must be ‘fit for purpose’. A European Conformity (CE) marking states that a product is fit for purpose across Europe.

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4
Q

What UK and EU regulations are public sector organisations subject to?

A

The Freedom of Information Act 2000 – where any member of the public can request information for a public company. The company has 21 days to respond. Whether they release the information is subject to a public intertest test (a test used to ascertain if the info should be release based on how beneficial it is perceived to be t the public)

UK Public Contract Regulations 2015 – these implement the Eu 2014 directive 2014/24/EU and dictates what the procurement process of tender should look like

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5
Q

Which UK regulation dictate public sector procurement process?

A

UK Public Contract Regulations 2015 – these implement the Eu 2014 directive 2014/24/EU

The directive calls out the need for companies to advertise a call for competition. This is where they must advertise their tender via the Official Journal of the European Union (OJEU) OJEU is now replaced with “Find a Tender in UK” since Brexit.

If a company is not yet ready to make a call for competition, they may submit a prior information notice via the OJEU where supplier can view this and get ready in anticipated.

UK Public Contract Regulations 2015 this can also dictate the amount of time allowed for submission deadlines. i.e., give supplier a fair chance. Private companies don’t need to worry

It also encourages buyers to disregard bids which seem too good to be true i.e., very cheap bid because they are like to be too good to be true!

There is not as much focus on costs. Equal focus is on delivery the right produce fit for purpose and also vet suppliers for ethical and legal standards

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6
Q

What is the definition of Nongovernmental organisation (NGO)?

A

Nongovernmental organisation (NGO) – a non-profit organisation that operates independently of government i.e., charities, professional bodies i.e., CIPS and pressure group i.e., green peace

Although NGO are not for profit, they still push to make as much as possible to give back to the community. It simply states not for profit because they don’t have shareholders to pay. The biggest challenge faced by NGOs is cash flow yes, they save money by not paying staff due to volunteers however, donations are few and far between so cash flow is sporadic. Thus, procurement need to penny pitch.

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7
Q

What is the definition of Trade Bloc?

A

Group of countries agreeing to preferential trade conditions

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8
Q

What is the definition of Tariff?

A

Rules and import duties applied to individual set of goods i.e., class of products using ID codes which have set tariffs

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9
Q

What is the definition of Import Duties?

A

Payment made to local customs agency to allow entry into a country

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10
Q

How many economic sectors are there and what are they?

A

Primary sector – extraction of raw material

Secondary – manufacture

Tertiary – high street retailers or service providers i.e., law firms

Quaternary – companies concerned with research and development and intellectual advancement

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11
Q

What is the definition of T1 Document?

A

A document which must accompany goods whilst in transit through the EU. This document enables duty free tariff whilst it travels through the EU.

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12
Q

What should the buyer do if if origin documents for transport are lost/ unable to access?

A

The buyer can apply for a Binding origin Information (BOI) in the EU only.

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13
Q

What “Origins” exist in EU transport?

A

Non preferential – goods that are subject to tariffs quotas and other customs regs

Preferential – goods that are not subject to tariff quotas or other customer regs as agreed between nations. i.e., preferential treatment

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14
Q

What documents are used to facilitate international trade of goods?

A

Purchase order – provide line entry and product bought

Bill of lading document outline who is responsible for transport up to place of delivery. This is needed to cross borders

Insurance certification

Certificate of origin – this gives customs confidence of which country the goods were produced in

Carnet – a document that allows temporary free movement of goods through countries i.e., cars from point A to B. i.e., a band on tours not actually selling the equipment just simply moving it around.

CIPS suggest the most important document for successful import/ export if the contract. Expressly stating all factors relating to trade, tariffs etc i.e., incoterms.

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15
Q

What is the definition of Ad Valorem?

A

An estimated value of goods being imported. This include cost of goods from supplier and any insurance & freight costs.

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16
Q

What is the definition of Relief Duty?

A

Certain class of product will have a relief duty applied whereby duties are reduced or FOC

Relief duties are:

Customs warehousing
Inward processing
Outward processing - when items are sent to other country for repair only and are due to be returned
End use - goods which must be used in a give time. i.e. fresh food

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17
Q

Who publishes Incoterms?

A

International Chamber of Commerce (ICC)

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18
Q

What Incoterms exist?

A

(EXW) Ex Works – goods are considered delivered at supplier premises. Supplier is not responsible for loading or transporting

(FCA) Free Carrier – the supplier is responsible for placing the goods in the hand of the carrier. At this point the buyer takes on the risk

(CPT) Carriage paid to – supplier is responsible for deliver goods to the carrier or an agreed intermediate

(CIP) Carriage and Insurance Paid To – Same as CPT but with insurance to that point

(DAT) Delivered at Terminal – Supplier delivers to a terminal of choice as well as unloading them. Risk is then passed to buyer.

(DAP) Delivered at Place – The supplier is responsible for all stages up to delivery at the buyers’ premises. Supplier bares all risk up to this point

(DDP) Delivery Duty Paid – same as DAP but organise all customs clearances

(FAS) Free Alongside Ship – Supplier is responsible for delivering goods along side ship at dock. Buyer bares all risk at this point.

(FOB) Free on Board – Supplier is responsible for arranging good to be delivered onto the ship. Buyer then bares risk

(CFR) Cost and Freight – same as FOB but supplier bares cost of the transport

(CIF) Cost, Insurance and Freight – same as CFR but supplier bares cost of insurances

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19
Q

What methods of payment exist for international trade?

A

Payment mechanism spectrum ranges starts more beneficial to buyer and goes towards more benefit to supplier.

Open account – Supplier delivers goods before receiving payment based on agreed credit terms

Term/ time draft – a guarantee of payment from the buyers’ banks payable on receipt of goods. There is a delay to payment here which gives buyer time to inspects goods and raise any concerns before monies are transferred

Sight draft - Same as above but there is no delay in payment. No time for buyer to inspect goods before payment is made

Letter of credit – guarantee given by buyer’s bank stating that supplier will receive money when condition set out in letter are met

Cash in advance – Buyer pays the supplier before goods are received. Risk is that supplier never supplies goods

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20
Q

How can a buyer mitigate currency fluctuations adversely affecting their buying power?

A

Set a fixed cost of the buyer’s currency. i.e., £1 regardless of fluctuations in the Chinese yen.

Currency hedging whereby a buying organisation can use forward contracts (an agreement to buy a good/ commodity in future for an agreed price)

Currency option (an agreement to buy a currency in future at an agreed rate, however, there is not an obligation to buy it. Due to there not being an obligation the commercial bank will charge a setup fee)

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21
Q

Which organisation operates the Corruption Perception Index and what is it?

A

Transparency International is a not-for-profit organisation who run a Corruption Perception Index to show level of corruption in each of 180 countries. 0 being highly corrupt and 100 being nearly 0 corruption.

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22
Q

What is the definition of Cultural Relativism

A

Perception of bad behaviour in one culture is not the same in another as they apply their belief differently. Therefore, care needs to be taken when applying the same marking scheme for what is corruption and what is not.

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23
Q

What is the definition of Facilitation Payment/ Grease Payment?

A

Type of bribe where a payment is made to hurry something up

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24
Q

How many types of corruption are there and what are they?

A

Bribery – an exchange of something of value to influence a desired outcome

Fraud – when someone mislead, lies to obtain a desired outcome. Usually at someone else expense

25
Q

Which sectors are most at risk of corruption and who states this?

A

The Organisation for Economic Co-operation and Development (OECD)

Defence

Property development

Mining

Medical

26
Q

What is the definition of Work place Fraud?

A

Small scale thefts which add up to a lot on a company wide scale

27
Q

What is the definition of Embezzlement?

A

Misuse of assets entrusted to a person. Someone could transfer ownership of said assets to their own name or sell someone else assets for their own monetary gain

28
Q

What model should be used to portray why people commit fraud?

A

The fraud triangle:

Perceived pressure

Perceived opportunity

Rationalisation

29
Q

What is the Universal Declaration of Human Rights?

A

Created by the UN in 1948, contains 30 articles prescribing human rights to members countries of the UN.

30
Q

Which other organisations support human rights?

A

Amnesty International, Human Rights Watch which are both NGOs as well as Equality and Human Rights Commission UK which is dedicated to enforcing The Human Rights Act of 1998 and the Equality Act 2010.

31
Q

What is the definition of Fair Trade Foundation?

A

International charity dedicated to encouraging countries and organisations pay their workers fair salaries

32
Q

When does the UK Modern Slavery Act 2015 state a company must publish anti-slavery statements?

A

When revenue is greater than £36m

33
Q

Remember, CIPs expect procurement professionals to understand and uphold CIPS CoC and call out deviations from it

A
34
Q

When selecting suppliers, you should perform ethics based supplier due diligence. What criteria should be applied?

A

Goldman and Schmalz 2005:

First impression of supplier

Product/ service quality

Qualification of supplier

Background check

35
Q

What are the 3Ps of sustainable principle?

A
  • Profit
  • People
  • Planet
36
Q

What is the definition of Offset/ Industrial Participation?

A

Part of contractual obligations the supplier nation will invest into the buyer’s countr

37
Q

What is the definition of Triple Bottom Line?

A

The financial term bottle line comes from trading profit and loss accounts. More philanthropic companies will incorporate CSR with the bottom line to create a triple bottom line. This means companies value social and environmental factors as important value steams in addition to economic performance. The triple bottom line was developed by John Elkington.

The 3 Ps of sustainability principles:
• Profit
• People
• Planet

38
Q

What are the three pillars of sustainability?

A

Social - how activity affects others

Environmental – how activity affects eco systems, environment, resources

Economic – how activity affects the finances or resource of people, countries, markets etc

39
Q

What was the book Tragedy of the Commons about and what other book did it inspire?

A

A UK economist wrote Tragedy of the Commons during the UK industrial revolution discussing exploitation of resources and the future impacts which influenced ‘Our Common Future’ which focused on the important of sustainable development

40
Q

What is the definition of Sustainable Development?

A

Development that meets the needs of the population today without negatively impacting resource needs of the population in future

41
Q

What’s the best way to check if a supplier is upholding ethical standards?

A

Perform an audit. Buyer can issue questionnaire; however, the supplier can state what they think the buyer wants too here. A physical audit on supplier premises, is able to make their own assessment and to further reduces the risk of being misled.

Audit should give the supplier little to no warning, so supplier does not have time to prepare misleading information.

Audits can be carried out internally by the purchasing organisation or even by a third party with no bias towards either party. If a purchasing organisation runs an audit of a supplier, the result could become bias if the person running the audit has their own agenda to push.

42
Q

What should you do with the result of a supplier audit?

A

It is recommended that audit results should be shared with the supplier as an opportunity to address any problem/ ambiguity in order to be fair/ transparent and to build the relationship. The sharing of finding should be constructive in output and structure. i.e., a corrective action could be used to show what went wrong and actions needed to put it right and the desired outcome wanted by the buyer. Also known as a supplier development programme.

43
Q

What is the definition of Nepotism?

A

A specific type of conflict of interest whereby preference and bias are giving to family members or friends

44
Q

How should you tackle Conflict of Interest?

A

The best way to tackle a conflict of interest is to openly state is from the start so previsions can be made to mitigate any risk. One common method is to use a conflict of interest register where it can all be recorded. Openly declaring a COI is nothing to be concerned with as it simple states honesty. The concerns arise when COIs have not been stated. Questions is then why wasn’t it declared?

During a sourcing event a Declaration of No Conflict of Interest could be completed by both buyer and supplier so that both parties can be assured no conflict cause a risk

45
Q

What is the definition of Cultural Relativism?

A

One persons culture makes an act considered ok, but another persons culture says it is not

46
Q

What is the definition of Facilitation Payment?

A

Type of bride where payment is made to speed something up

47
Q

How many incoterm are there and what are they?

A

EXW - Ex Works
Goods are considered delivered at point of leaving supplier premises or to another named place. Buyer then assumes risk. Buyer must arrange export clearance.

FCA - Free Carrier
Supplier is responsible for putting goods in hands of a designated carrier chosen by buyer. Buyer than assumes risks.

CPT - Carriage Paid To
Supplier is responsible for delivering goods to a carrier or intermediate . Buyer then assume risks.

CIP - Carriage & Insurance Paid
Supplier is responsible for delivering goods to a carrier or intermediate and should ensure a minimal level of insurance covers the risk. Buyer then assumes risk.

DAT - Delivered at Terminal
Supplier is responsible for delivering goods to a named port and terminal and unloading them. Buyer than assumes risk.

DAP - Delivered at Place
Supplier is responsible for delivering goods to buyer premises and bares all risk up to this point.

DDP - Delivery Duty Paid
Supplier is responsible for delivering goods to buyer premises, arranges customs clearances and bares all risk up to this point.

FAS - Free Alongside Ship
Supplier is responsible for delivering goods alongside a water vessel.; Buyer then assumes risk.

FOB - Free On Board
Supplier is responsible for delivering goods onto ship. Buyer then assumes risk.

CFR - Cost and Feight
Supplier is responsible for delivering goods onto ship and cover cost of freight. Supplier bares all risk until goods are delivered at names destination.

CIF - Cost, Insurance and Freight
Supplier is responsible for delivering goods onto ship, cover cost of freight and insurance. Supplier bares all risk until goods are delivered at named destination.

48
Q

Which activities make an organisation an NGO?

A

Fund caregiving i.e. charities
Highlighting topical issues
Represent members i.e. CIPS, Unions
Provide a service to subscribing members i.e. same as above

49
Q

Remember, (WTO) Word Trade Organisation operates the (DSU) Dispute Settle Understanding. This is where DSU step in to mediate/ adjudicate disputes between members. 3rd party impartial review etc.

A
50
Q

What docs and systems enable movement of goods through EU?

A

T1 doc - should accompany goods in transit through EU to show no duty is appliable through each state. It may only exist at end destination.

Import/ Export license

Sales Administrative Document - no legal standing, simple a doc to travel with goods in the event of IT failure which is tracking goods movements.

New Computerised Transit System - electronic tracking of goods as they pass through EU states. Users can submit Union Transit (UT) & Transport International Routers (TIR) declarations to access systems and avoid other paperwork methods.

Customs Declaration Service - UK only. Used to be known as (CHIEF) Customs Handling of Import and Export Freight. Same principle as NCTS as above.

51
Q

What is the definition of Ad V

A
52
Q

Remember, European states are expected to encorporate EU laws into their own trade frameworks

A
53
Q

What is the difference between exotic and non convertible currencies?

A

Exotic - those traded less, so less available e.g. Columbian Pesos

Non convertible - those which have local government restriction i.e. not allowed to be bought or sold internationally. May also include spending in domestic market only.

54
Q

Which porganisation regulates and dictate legal action against bribery?

A

OECD Organisation for Economic Collaborative Development.

55
Q

What is the definition of Zeitgeist?

A

The ‘spirit’ of cultural norm in a given period of time.

i.e. older generations attitude toward something vs the younger generation.

56
Q

What is the consequence of breaching CIPS CoC?

A

Membership revoked only.

57
Q

Remember, buyer can ask supplier to complete a ‘Declaration of No Conflict of Interest’ during a tender process or anything other scenario.

A
58
Q

What is the ISO number for Sustainable Procurement?

A

ISO 20400:2017