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L4M3 Commercial Contracting - Chapter 2 > CIPS L4M3 Chapter 2 (2.1) > Flashcards

CIPS L4M3 Chapter 2 (2.1) Flashcards

1
Q

What are the Five Rights of Procurement?

A
  • Quantity
  • Quality
  • Time
  • Place
  • Price
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2
Q

What is the scoping stage questions to ask about the specification?

A
  1. Who is responsible for producing the first draft?
  2. Is there an existing specification?
  3. If so, how well does it achieve what is needed?
  4. What are its identified shortcomings?
  5. If there is no existing specification, what are the broad objectives to be achieved?
  6. Is there an already defined minimum quality standard? What is it?
  7. Are there quality aspirations above that standard?
  8. Are there any technical constraints?
  9. Are there any environmental and/or social requirements?
  10. Who are the stakeholders that need to be consulted?
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3
Q

What are the Factors which influence the decision of who is responsible for producing the FIRST DRAFT of a specification?

A
  • The structure of the organization
  • The level of skill and knowledge within the relevant departments
  • Whether this is a re-procurement or completely new
  • Current workloads
  • Timescales
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4
Q

Where is a good place to start when writing the first draft of a specification?

A

By assembling several comparable specifications that already exist from different sources

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5
Q

What is a Non-disclosure agreement?

A

A promise not to share information that could be useful to competitors and therefore harmful to the company that owns it.

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6
Q

What are the 10 key aspects of specification design?

A
  • What are you trying to achieve?
  • Any preference for conformance or performance specification
  • Varying perspectives of different of different stakeholders
  • Relevance and avoiding the inclusion of anything not actually needed
  • The limits and constraints of the scope of the procurement
  • Performance standards to be achieved
  • Improvements sought
  • Ensuring that there is no ambiguity
  • Compliance with regulations and standards
  • The expected operating environment
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7
Q

What are the Disadvantages of starting from a pre-written specification?

A
  • Time wasted with irrelevant aspects
  • Relevant aspects related to your company may be overlooked
  • Combining aspects from different specs can create inconsistency
  • The sample spec may be too high or too low quality
  • References to legislation, international standards or codes of practice may be outdated
  • Difference in lengths lead to unnecessary aspects
  • Changing the spec to align to a different form may create inconsistencies
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8
Q

What are the Shortcuts that can be taken when drafting the specification?

A
  • The use of brand names
  • The use of recognized standards
  • The use of samples
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9
Q

What should be clear before opening a dialogue with a supplier?

A
  • What you wish to achieve
  • What you are willing to divulge
  • Any conflicts of interest, how you protect against them
  • Any intellectual property issues, how you will protect it
  • Whether the conversation is procurement-led or technical-led
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10
Q

What are the Advantages of general networking?

A
  • Establishes a personal connection, useful as a starting point
  • Can provide the basis for more-in-depth conversations
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11
Q

What are the Disadvantages of general networking?

A
  • Unlikely to deliver specific information
  • Risk of creating the perception of ‘too close’ a relationship which might raise suspicion of conflicts of interest
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12
Q

What are the Advantages of one-to-one meetings?

A
  • Supplier-specific product development
  • An insider’s view on risks to the supply chain
  • Direct input into specification development
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13
Q

What are Disadvantages of one-to-one meetings?

A
  • Supplier may favor own product
  • Supplier may be silent on features where its behind its competitor
  • Risk of only getting part of the story depending on who you are talking to.
  • Tendency for outcomes not to be communicated across departments
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14
Q

What are the Advantages of meet-the-buyer events?

A
  • Useful for ensuring suppliers understand the purchaser’s requirements
  • If general event, could help to inform the supply market of the product development being sought after
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15
Q

What are the Disadvantages of meet-the-buyer events?

A
  • Often held too late to influence spec development
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16
Q

What is the Advantage of formal negotiations or competitive dialogues on a contract-specific basis?

A
  • Useful for refining a draft specification or schedule of requirements into a fully agreed and jointly developed contract spec
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17
Q

What are the Disadvantages of formal negotiations or competitive dialogues on a contract-specific basis?

A
  • Time consuming and can be resource intensive
  • Usually only permits a limited number of participants
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18
Q

What should be done to manage market dialogue?

A
  • At all meetings notes should be made of - who was present, areas discussed, insights gained, any follow-up action to be made
19
Q

What is market dialogue?

A
  • An ongoing conversation between suppliers and purchasers
20
Q

What can Market dialogue be used to do?

A
  • Assist in developing current and future specifications
21
Q

What is one of the shortcuts used when writing specifications?

A
  • Quoting recognized standards and codes of practice (CoP) which is a statement of the principles used by a business in its operations. It generally refers to practices that are ethical or socially responsible.
  • Standard is a document which is more definitive and sets out agreed minimum technical parameters for a product or service
22
Q

What are examples of standards?

A
  • Company-specific standards
  • Association or trade-body standards
  • National standards (BSI)
  • International standards (ISO)
23
Q

The ISO defines a standard as a document that provides?

A
  • requirements, specifications, guidelines, or characteristics that can be used consistently to ensure that materials, products, processes, and services are fit for their purpose.
24
Q

What are the benefits of using published standards?

A
  • Specifications are shorter
  • Suppliers can understand specs more quickly
  • International standards remove a barrier to trade (cross-border suppliers will understand local rules)
  • Allows for different approaches to be offered
  • Ensures that all recent influences have been considered
25
Q

What are the risks of using published standards?

A
  • In-house staff may not be familiar with which standards apply; simplification missed
  • May not understand the implication of the standards they quote, creating conflicts in the spec
  • Using standards where they are not designed for, adding cost without value
  • Insufficient thought in what needs to happen when standard needs updating
  • SMEs (small-to-medium enterprise) may not be as familiar to international standards as larger companies
26
Q

What are the key Sections of a specification?

A
  • Title
  • Version control/issue reference
  • List of contents
  • Foreword (or background)
  • Scope
  • Definitions (Terminology, Abbreviations, Units of measurement, Time)
  • Consultation requirements
  • References to other documents, standards, or CoPs
  • Substantive requirements
27
Q

What are the key substantive elements to be included in a specification?

A

Characteristics (design, dimensions, materials)

  • Timescales
  • Response times
  • Performance/reliability
  • Lifespan/durability
  • Packaging
  • Information requirements
  • Implementation
  • Guarantees and warranties
28
Q

What are the advantages of Standardization?

A
  • Clarity of specification
  • Economies of scale
  • Reliability
  • Service enhancement
  • Timesaving in the procurement process
  • Accuracy of quotations
  • Wider supply market
  • Narrower supply base
  • Inventory savings
  • Reduced risk
29
Q

What is pricing for risk?

A

Increasing the price quoted for goods or services to include an element of insurance against having to remedy errors

30
Q

What is Supply Market?

A

All potential suppliers capable of delivering a requirement

31
Q

What is meant by Supply base?

A

The group of suppliers that a purchaser contract with

32
Q

What are advantages of increasing the range of products?

A
  • Breadth
  • Innovation
  • Product differentiation
  • Cultural differences
  • Economic factors
  • Flexibility
33
Q

List the reasons for including social criteria in a specification

A

Ethics such as (labour conditions, modern slavery, child labour, bribery and corruption) some examples are: - Compliance with international labour standards, Support for education programs aimed at reducing child labour and Adult programs aimed at ensuring workers understand their rights

34
Q

List the reasons for including environmental criteria in a specification

A

Boycotts and protests in response to damage or injury to property, the environment or people, stakeholder pressures, international agreements, government policies some examples are: - environmental labelling, Waste reduction, Waste separation and recycling, Energy use/carbon footprint measures, Energy and Water use reduction

35
Q

What is Social value?

A

The output from a contract that benefits society at large, rather than the purchaser or end user (corporate social responsibility)

36
Q

What are the three (3) things a supplier can do to cover the additional cost associated with the social or environmental criteria?

A
  • Treat it as a general business cost and increase the overheads element of price
  • Increase the price of the goods or services being delivered
  • Absorb the cost and reduce the profit margin
37
Q

Why should purchasers seek disclosure of costs associated with social and environmental criteria?

A
  • to ensure that the costs are not disproportionate to gains
38
Q

Why should purchasers monitor suppliers closely?

A
  • to ensure that the requirements are being met
39
Q

How can the social and environmental criteria be written into the specification?

A
  • the same way as any other aspect of the requirement which are as follows: -
  1. Use International standards where they exist
  2. Ensure that the inclusion does not create a conflict with other aspects of the spec
  3. If different aspects are specified by reference to standards, ensure that the standards do not themselves create conflicts
  4. Include an order of precedence for standards if there are conflicts
  5. Be clear whether the requirement is a minimum standard, a mandatory level or an aspiration or target
40
Q

List examples of public sector environmental and social criteria

A
  • In the UK: The Public Services Act 2012
  • In Australia: The State of Queensland, Australia Department of Housing and Public Works Social Procurement Guide
  • In South Africa: Preferential Procurement Policy Framework Act No. 5 of 2000
  • In the USA: Socioeconomic Programs for Small Businesses
41
Q

What is Information assurance (IA)?

A
  • the name given to the processes and methods used to protect information systems, databases, computer systems and networks etc.
42
Q

What are the five key elements or ‘pillars’ of Information assurance (IA)

A
  • Integrity: ensuring data is not falsified or tampered with
  • Availability: ensuring that the data can be accessed by those with the relevant authority when they need it
  • Authentication: ensuring that users are genuine/who they say they are
  • Confidentiality: ensuring that data can only be accessed by those with the relevant authority
  • Non-repudiation: ensuring that people cannot deny having taken actions which they did
43
Q

When does Information Assurance (IA) apply?

A
  • applies specifically to the technical ICT systems in which data is managed, stored, processed or exchanged
44
Q

When does Information governance (IG) apply?

A

includes the protection of information that is managed outside of such systems and goes beyond the five pillars of IA. It includes paper documents, control of visitors, verbal communications etc.

L4M3 Commercial Contracting - Chapter 2 (2 decks)

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