SUMMARY 3 - L4M4 v2 2
SUMMARY 3 - L4M4 v2 2
SUMMARY 3 - L4M4 v2 2
On completion of this module, learners will be able to explain the options and associated
processes available for sourcing with external suppliers. They will also examine the legal and ethical
impact and the implications of corporate social responsibility, on the final sourcing decision.
Module aim(s)
In any organisation, a significant element of procurement and supply activity is based around
decisions to internally conduct activity or to source from an external supplier. Hence, the selection
of the correct external suppliers is a vital contributor to overall organisational success. This module
enables personnel with roles in procurement and supply to formulate selection criteria and sourcing
strategies to ensure that the organisation will make the correct choice of external suppliers. It
explains options for sourcing, and examines the key processes that can be applied to the analysis of
potential external suppliers and to ensure the development of ethically and socially responsible
sourcing agreements.
Learning outcomes, assessment criteria and indicative content
1.0 Understand options for sourcing requirements from suppliers
1.1 Identify the sourcing process in relation to procurement
• Definitions of sourcing and outsourcing
• Make or buy decisions
• Strategic and tactical sourcing costs and benefits of outsourcing
• Outsourcing non-core and core work or services
• Supplier pre-qualification or criteria for supplier appraisal
• Vendor or supplier performance management
• Risks in outsourcing
• The market development and growth of outsourcing
• Regulations affecting employees terms of employment
1.3 Define selection criteria that can be commonly applied when sourcing requirements from external
suppliers
• Typical selection criteria such as; quality assurance, environmental and sustainability, technical
• capabilities, systems capabilities, labour standards, financial capabilities and credit rating agencies
• The importance of supplier financial stability and due diligence checks
• Ratio analysis to make conclusions on profitability, liquidity, gearing and investment
• The limitations of ratio analysis
1.4 Define award criteria that can be commonly applied when sourcing requirements from external suppliers
•Typical award criteria such as; price, total life cycle costs, technical merit, added value solutions, systems and
resources
• Balancing commercial and technical award criteria
2.0 Understand the key processes that can be applied to the analysis of potential external suppliers
2.1 Analyse commonly used sources of information on market data that can impact on the sourcing of
requirements from external suppliers
• Compiling data on expenditures on suppliers
• Indices that measure economic data
• Secondary data on markets and suppliers
• Commodity pricing
• Analysing potential sales
• Financial reports and supplier financial stability
• The role of credit rating agencies
2.2 Identify the key processes used for obtaining quotations and tenders
• Advertising requirements
• Requests for information or quotations
• The operation of tendering
• Formalised arrangements for tendering
• Decision criteria for dispensing with tendering
2.3 Identify the criteria that can be commonly applied to the assessment of quotations or tenders
2.4 Analyse how electronic systems can be used to help the sourcing of requirements from external suppliers
• •E-requisitioning and purchase ordering systems
• •E-catalogues on intranets and the internet
• •The use of e-auctions and reverse auctions
• •E-tendering systems
3.2 Compare the key legislative, regulatory and organisational requirements when sourcing from
international suppliers
• Documentation relating to imports
• Import duties and tariffs
• Payment mechanisms
• The use of INCOTERMS
• Customs control and clearance
• Currency regulations
• Applicable law
4.4 Contrast processes and practices that the organisation could adopt to meet the requirements of Corporate
Social Responsibility (CSR)
• The triple bottom line – profit, people and planet
• Adopt sustainable practices, standards and specifications in the supply chain
• Consider the social impact of the organisation’s behaviours
• Design procurement processes to deliver social outcomes as well as, or as an alternative to, normal
economic measures of value
• Expand reporting frameworks to include ecological and social performance
• Define organisational value for money to include social outcomes - use of local labour, participation of
disadvantaged groups
Contents
1.0 Understand options for sourcing requirements from suppliers ....................................................... 6
1.1 Identify the sourcing process in relation to procurement ............................................................ 6
• Supplier pre-qualification or criteria for supplier appraisal ........................................................ 11
• Vendor or supplier performance management ........................................................................... 11
• Single, dual and multiple sourcing arrangements ........................................................................ 15
• Direct negotiations with suppliers ................................................................................................. 20
• Intra company trading and transfer pricing arrangement ............................................................. 21
• Implications of international sourcing see local sourcing ............................................................ 21
1.3 Define selection criteria that can be commonly applied when sourcing requirements from
external suppliers .............................................................................................................................. 22
1.4 Define award criteria that can be commonly applied when sourcing requirements from
external suppliers .............................................................................................................................. 27
2.0 Understand the key processes that can be applied to the analysis of potential external suppliers
.............................................................................................................................................................. 30
2.1 Analyse commonly used sources of information on market data that can impact on the
sourcing of requirements from external suppliers ........................................................................... 30
2.2 Identify the key processes used for obtaining quotations and tenders ..................................... 36
2.3 Identify the criteria that can be commonly applied to the assessment of quotations or tenders
.......................................................................................................................................................... 39
2.4 Analyse how electronic systems can be used to help the sourcing of requirements from
external suppliers .............................................................................................................................. 43
3.0 Understand compliance issues when sourcing from suppliers....................................................... 46
3.1 Compare the key legislative, regulatory and organisational requirements when sourcing in the
not- for-profit, private and public sectors ........................................................................................ 46
3.2 Compare the key legislative, regulatory and organisational requirements when sourcing from
international suppliers ...................................................................................................................... 54
4.0 Understand ethical and responsible sourcing ................................................................................ 60
4.4Contrast processes and practices that the organisation could adopt to meet the requirements
of Corporate Social Responsibility (CSR) ........................................................................................... 69
Learning outcomes, assessment criteria and indicative content
What is sourcing?
Sourcing is a critical activity used at both tactical and strategic levels. It is concerned with
what needs to be purchased, why, when and where. The concept is created to help supply
chain managers and practitioners to improve, develop and implement strategic sourcing
strategies.
“This is the process of identifying, selection and development of suppliers”. Lysons &
Farrington 2010
“location ,acquisition and management of all the vital inputs required for an organisation to
operate. This includes raw materials, component parts, products, labour in all its forms,
location and services" (Hinkelman, 2008:578).CIPS knowledge brief
Outsourcing
Outsourcing is "the process of contracting with the most suitable expert third party service
provider" (CIPS: Outsourcing).
It is the operational transfer of one or more business processes from an origin company to an
external provider who then becomes accountable for the outcome of the agreed tasks (Cooke
& Budhwar, 2009).
Opportunity to extract value from Quantities required are too small for
otherwise idle capacity and resources economic production
Potential for lead time reduction Avoid costs of specialist machinery and
Cost of work is known in advance labour
Desire to exert direct control over Reduced inventory costs
production and/or quality Financial risk shared with supply chain
Protection of confidentiality and Access to contractor’s specialist
intellectual property research, expertise, technology,
Less supply risk and supplier risk patents, designs and so on
Desire to maintain a stable workforce Augmented production capacity
Desire to maintain a stable workforce
Strategic sourcing
Strategic sourcing is concerned with top-level, longer-term decisions relating to high
profit/high supply risk strategic items and low profit/high supply risk bottleneck items. It is
also concerned with the formulation of long-term purchasing policies relating to core
competences, strategic make-or-buy decisions, thin supplier base, partnership sourcing,
reciprocal and infra-company trading, globalisation and counter trade, the purchase of
capital equipment and ethical issues.
‘The process of creating a value adding (or optional mix) of supply relationships to provide
a competitive advantage’.
CIPS definition:
‘satisfying business needs from markets via the proactive and planned analysis of supply
markets and the selection of suppliers with the objective of delivering solutions to meet pre-
determined and agreed business needs’.
Costs of Outsourcing
Cost Explanation
Planning and sourcing Preparing & analysing business case
Identifying potential supplier
Supplier selection
Negotiation & contracting
Contractual price Actual costs/sums payed- although could be a
saving on in house
Failure costs Costs if supplier fails to perform- loss of goodwill,
sales, rework and compensation
Performance Costs Changes to systems and processes( eg integration
&performance monitoring)
Transitional and learning curve issues
Communication costs
Contract performance and relationship
management costs
Hidden costs Cost of procurement staff helping you implement
Costs from vagueness or ambiguity in specification
Costs of over specifying
Opportunity cost of lost skills experience and
knowledge
Others?
Benefits of outsourcing
Some advantages offered by outsourcing cited in the literature (Chalos, 1995), and
(McCarthy, 1996) are:
• Higher level of flexibility, with less restriction from the rules existing in the company.
• Increased responsiveness to customers’ needs. Customer feedback can be transferred to
suppliers with no need to go through company policy and bureaucracy.
• Providing special services to the customers through outsourcing without the need to hire
special skill workers.
• Liability and risk reduction. Outsourcing can reduce many sources of risk and potential
liability faced by manufacturers like: safety, EEO, ADA, workers' compensation, etc.
• Reduction of capital investment and labour requirements.
• Lower capital risk.
• Access to the innovations and developments of more specialized suppliers.
• Reduction of cost because of the supplier’s economies of scale on raw material, labour,
and overhead.
• greater focus of resources on high value-added activities and core business.
CIPS
• Supports organisational rationalisation and downsizing
• Allows focused investment of managerial, staff and other resources on the
organisation’s core activities and competencies
• Accesses and leverages the specialist expertise, technology and resources of contractors
• Access to economies of scale
• Adds competitive performance incentives
• Leverages collaborative supply relationships, and can support synergies (2 + 2 = 5)
• Cost certainty for activities where demand and costs are uncertain or fluctuating
‘Core competences are the skills and abilities by which resources are deployed through
an organisation’s activities and processes such as to achieve competitive advantage in
ways that others cannot imitate or obtain.’ Johnson & Scholes
•Requires specialist expertise - this can be cheaper to outsource than to recruit into the
company or to train within the company. For example, it may be cheaper for a car
manufacturer to outsource the making of car windows than produce them in company.
•Requires major investment - outsourcing work like this can reduce the amount of
investment needed. For example, work which requires modernisation in order to be
effective could be outsourced to a third party that already has the capability to do the work.
•Requires less strategic control – companies which decide to focus more on their core
activities in order to improve performance can outsource work which they do not consider
critical. For example, a procurement department in a large company may need to
concentrate on core negotiation and vendor selection rather than less significant issues such
as delivery of materials in a timely fashion. Outsourcing more minor areas would provide the
necessary time.
•Is deemed non-critical – some work that takes place in companies, while important, will
have little impact on the customer if there is a short-term failing and are not strategically
important e.g. many companies outsource their office cleaning. These can be outsourced in
order to reduce costs and free up management time.
Additional Reasons
• Activities where value for money is offered by outsourcing in relation to services
offered.
• Activities which are resource intensive
• Are relatively discrete
• Depend upon specialist competences
• Fluctuating demand and work patterns
Pre-qualification describes the evaluation of potential bidders, before tenders are invited,
against a list of criteria to ensure that only bidders which meet defined standards are eligible
to bid, which can reduce the cycle time of the procurement process.
The selection stage, often known as the "pre-qualification stage", involves an examination of
the suitability and capability of the potential suppliers to perform the contract that will be
awarded at the end of the competition. The criteria used for selection must be appropriate,
relevant and proportionate to the particular procurement. The selection process should be a
"backward-looking, not forward-looking" process. That is, the criteria for selection must
concentrate on the general suitability and capability of the supplier for the project, as
opposed to the specific means by which the supplier would perform the contract.
See also page 21 “Typical selection criteria such as; quality assurance, environmental and
sustainability, technical”l
Price Basic purchase price (and/or price compared with other suppliers)
Whole lifecycle cost of ownership (and/or comparison with other
suppliers)
Value and percentage cost reductions (and/or number of cost
reduction initiatives proposed or implemented)
Quality/compliance Reject, error or wastage rates (or service failures)
Number of customer complaints
Adherence to quality standards (eg ISO 9000) and/or environmental
and CSR standards and policies
Delivery Frequency of late, incorrect or incomplete delivery
Percentage of on time in full – OTIF – deliveries
Disadvantages/Problems
Loss of control and/or loss of in-house expertise; employee relations issues, such as TUPE;
difficulties in ensuring and measuring service quality; and the ‘permanence’ of the
outsourcing decision.
Some of the risks associated with outsourcing cited in literature (Friedman,1991), and
(Raistrick, 1993) are:
• Lack of control on the quality of the product/service provided by the suppliers.
• Inability to meet fluctuations in demand for the product/service that has been
outsourced.
• Loss of control over suppliers. Possibility of suppliers becoming a competitor for
the firm themselves or assisting the firm’s competitors.
• Negative effect on employees' morale.
• Loss of critical skills or developing the wrong skills.
• Loss of cross-functional skills.
Key drivers.
1. Cost savings can be the main driver of an outsourcing project. But each outsourcing initiative
within any one company – has a mix of other drivers, prioritised differently in each case.
2. Beyond cost savings, a second major theme is access to capabilities – whether human
talent, process excellence, or sheer physical resources.
3. A third major theme is strategic benefit – freeing up one’s own resources, improving
flexibility, gaining access to capital, access to new markets, or changing the rules of
competition in an industry
The Trades Union and Labour Relations (Consolidation) Act 1992 (TULCRA) places a duty upon
the employer to consult with representatives of employees to be affected by redundancy.
Employment Rights Act 1996
The ERA set out the rights of employees in situations such as dismissal, unfair dismissal, parental
leave, and redundancy.
Single sourcing decisions are usually made at strategic and top management level where
purchasing and supply managers need to determine whether and how much value single
source relationships add (Leenders et al., 2002).
Problems
• How to terminate a partnership
• Domination by the customer or over-dependence by the supplier
• Confidentiality – where partners are also suppliers to
competitors
• Complacency – losing sight of market trends/developments
• Attitudes – people will need retraining to adjust
• Contractual – where forecasts may have to be modified due to falling sales or
recession
Advantages
2.The restricted procedure-This is a 2-stage process. In the first stage, interested suppliers
are asked to fill out a questionnaire and a short-list is drawn up. In the second stage, the
shortlisted suppliers are invited to respond to an Invitation to Tender (ITT). The tenders are
then evaluated and the contract awarded.
The Restricted Procedure should be used for procurements where market analysis has
shown a large number of bidders are likely to be interested in participating. In this case it is
beneficial to use this procedure where the number of bidders can be reduced at the
selection stage based on their capacity, capability and experience to perform the contract.
Under certain conditions this procedure can be chosen even without publication of a
contract notice, for example:
• Can cut straight to award if negotiation is • Can’t negotiate detailed final terms
not required following initial bids with winning bidder once selected
1. The value of the procurement should be high enough to justify the expense of the
process
2. The specifications must be clear and the potential suppliers must have a clear idea
of the costs involved in fulfilling the contract
3. There must be an adequate number of potential suppliers in the market
4. The potential suppliers must be both technically qualified and keen to win the
business
5. There must be sufficient time available for the procedure to be carried out
Intra-company trading applies to large enterprises and conglomerates where the possibility arises of
buying certain materials from a member of the group. This policy may be justified on the grounds that it
ensures the utilisation and profitability of the supplying undertaking and the profitability of the group as
whole. It may also be resorted to in times of recession to help supplying subsidiaries cover their fixed
costs.
Policy statements should give general and specific guidance to the procurement function regarding the
basis on which intra-company trading should be conducted. General guidance may be expressed in a
policy statement such as the following:
Company policy is to support internal suppliers to the fullest extent and to develop product and service
quality to the same high standards as those available in the external market.
Specific guidance may direct buyers to:
• purchase specified items exclusively from group members regardless of price
• obtain quotations from group members that are evaluated against those from external suppliers
with the order being placed with the most competitive source, whether internal or external.
Difficulties can arise where Intra-company trading involves import or export considerations.
Transfer prices are almost inevitably needed whenever a business is divided into more than one
department or division. Usually, goods or services will flow between the divisions and each will report its
performance separately. The accounting system will usually record goods or services leaving one
department and entering the next, and some monetary value must be used to record this. That monetary
value is the transfer price. The transfer price negotiated between the divisions, or imposed by head office,
can have a profound, but perhaps arbitrary, effect on the reported performance and subsequent decisions
made.
PRACTICAL APPROACHES TO TRANSFER PRICE FIXING
In order to address these concerns, some common practical approaches to transfer price fixing exist:
1 Variable cost- A transfer price set equal to the variable cost of the transferring division produces very
good economic decisions.
2 Full cost/full cost plus/variable cost plus/market price
The distinction between selection and award criteria is crucially important. Selection criteria
are focussed on "the bidder" and award criteria is focussed on "the bid" and purchasers
must maintain a clear distinction between both throughout the procurement process. This
means that issues/questions which are appropriate to the selection criteria must be
addressed at the selection stage and cannot form part of the award stage (even if they were
omitted from the selection stage in error) and vice versa.
The selection stage, often known as the "pre-qualification stage", involves an examination of
the suitability and capability of the potential suppliers to perform the contract that will be
awarded at the end of the competition. The criteria used for selection must be appropriate,
relevant and proportionate to the particular procurement. The selection process should be a
"backward-looking, not forward-looking" process. That is, the criteria for selection must
concentrate on the general suitability and capability of the supplier for the project, as
opposed to the specific means by which the supplier would perform the contract.
Typical criteria for supplier selection or pre-qualification. Remember that these are only generic
examples. Organisations will formulate specific criteria to suit:
•Their own strategic priorities (eg for innovation, corporate social responsibility, quality
leadership or supply chain integration)
•Particular process requirements (eg for reverse logistics capability, late customisation
and agile supply, lean or cost-efficient supply, or IT systems compatibility)
•Any identified risk factors in the sourcing situation (eg international delivery problems,
very low quality and engineering tolerances, high regulatory intervention or reputational
risk arising from ethics-aware consumers)
•Different types of procurement (eg prioritising price, or quality, or speed of delivery,
according to the nature of business need)
•Different supply relationships (eg more rigorous criteria on issues such as financial
stability,
•Compatibility and corporate social responsibility for ongoing, long-term supplier
partnerships than for one-off, short-term price-driven transactions).
If you are asked to recommend and/or justify selection criteria for a sourcing
requirement in an exam case study, remember to take such variables into account - as
far as possible from the data given.
Eight perspectives for supplier selection- Although in 2012 book has bas been
Lysons Farrington increased to 10 facets!
1. Finance 1.Finance
2. Production capacity and facilitie 2.Insurance
3. Human resources 3.Productive capacity
4. Quality 4.Quality
5. Performance 5.Health and safety
6. Environmental and ethical 6.Environmental management
considerations 7.Existing contracts
7. IT development and leverage
8.Organisational structure and key personnel
8. Organisation structure
9.Sub-contracting
10.Procurement capability and supply chain
management
• Buyers should seek to obtain prices which are fair to their own organisations and
also fair to their suppliers.
• When justified, eliminate from a procurement any potential provider whose current
financial capacity would pose an unacceptable risk to business and/or public
money
The importance of financial stability should be fairly clear. Dobler and Burt cite three
nightmare scenario that can arise if dealing with a financially weak supplier.
• You need to insist on maintaining quality, but the supplier is forced to cut
costs.
• You have a financial claim against the supplier, but it does not have
sufficient working capital to meet it.
• You need to insist on speedy delivery to meet a promised delivery date, but
the supplier cannot afford to pay overtime.
Ratio analysis can provide a more detailed analysis of a key suppliers financial performance
and the potential impact on future relationship development There are many ratios which
can be analysed.
Ratios tend to fall into fiver categories: profitability, liquidity, efficiency , gearingand
investment.
Profitability: the quality of an organisation’s profitability, i.e. size and validity of income
Liquidity: indicate the firm's ability to meet its maturing short-term obligations
Activity/efficiency ratios indicates how effectively the firm manages resources at its disposal
to generate sales- stock turnover, debtors collection ratio, creditors payment period, fixed
asset turnover.
Investment: investors’ rate of return, proportions of share capital, earnings per share
Profit measures the difference between income and expenditure. It is an absolute measure.
Profitability takes the profit and compares it to the size of the firm. It is a comparative
measure and helps us to compare firms of different size.
Thus profitability ratios divide the profit by something that will tell us how big the firm is. In
this way, a company that makes twice as much profit because it is double the size of another
firm will end up with the same ratio.
The capital employed in a business is the loan capital plus shareholders' funds. Operating
profit and net profit are considered to be the best measures of a firm’s profit, so these are
the measures that are used in profitability ratios. In the formulae below, net profit is used.
Gross Profit Gross profit/Revenue x 100
Liquidity ratios measure the overall state of indebtedness of an organisation by the extent to
which it has the ability to convert its non-cash assets into cash . As we know a firm has to
have sufficient liquidity. In other words they have to be able to meet their day to day
payments. It is no good having your money tied up or invested so that you haven’t enough
to meet your bills! Current assets and liabilities are an important part of this liquidity and so
to measure the firm’s liquidity situation we can work out a ratio. It is called the CURRENT
RATIO.
In most circumstances, though this is industry specific, it can be expected that current assets
will be in excess of current liabilities (in which case, the current assets ratio will be at least 1
to 1ideal 1.5-2.0:1). If this is not the case, the entity may not have sufficient liquid resources
to meet its immediate financial commitments
Ideally this figure should also be above 1 for the firm to be comfortable. That would mean
that they can meet all their liabilities without having to sell any of their stock. This would
make potential investors feel more comfortable about their liquidity. If the figure is far
below 1 they may begin to get worried about the firm’s ability to meet its debts.
Gearing
This relates to an organisation’s ability to meet its long-term debts. There are two methods
of calculating Gearing:
Method 1 – sometimes called the debt equity ratio
Or method 2
Gearing focuses on the capital structure of the business – that means the proportion of
finance that is provided by debt relative to the finance provided by equity (or shareholders).
The gearing ratio is also concerned with liquidity. However, it focuses on the long-term
financial stability of a business.
Gearing measures the proportion of assets invested in a business that are financed by long-
term borrowing.
Long term loans are non-current liabilities - i.e. they are not due for complete re-payment
in current period!!
Investor Ratios
Shareholder ratios
EPS
Return on shareholder funds Earnings (profits after interest tax & pref shares)/
Ratios may highlight significant trends, but they do not in themselves provide reasons for the trends.
To do this effectively, the interested party may need more information and a deeper insight into the
affairs of the business. Often this may be difficult to obtain, because the amount of information
available is limited unless the user is a manager within the organisation.
History problem-Another problem is the date at which the accounts are drawn up. Accurate
information can only be obtained with any degree of certainty from up-to-date figures. Furthermore,
seasonal variations in the particular trade should be taken into account.
Accounting is not an exact science! Despite efforts by the accountancy profession to standardise
accounting practice there is still room for a variety of methods in particular cases. This may affect
the comparability of different accounts. Often known as the “apples and pears” problem.
the two-year problem - comparing only two years where one may be a typical, i.e. especially good or
especially bad, and unlikely to be repeated,
the snapshot problem - using figures from a balance sheet will only tell you what the situation was
on one particular day, the day of the financial year end, these figures can be atypical as they can
have been massaged the best possible view of the Organisation,
the history problem - information needs to be -date. If historic costs have been used in asset ion,
the value of assets may be out-dated, particularly for land and buildings. Ratios are invariably
calculated from past data so they will only analyse how an Organisation has performed. They may
be used indicate what might happen in the future, but they are not crystal balls
1.4 Define award criteria that can be commonly applied when sourcing
requirements from external suppliers
•Typical award criteria such as; price, total life cycle costs, technical merit, added value solutions,
systems and resources
• Balancing commercial and technical award criteria
Criteria used for contract award:
• Focus on which supplier or bid - out of an available pre-qualified shortlist - is the
'best' or 'winning' option for the specific requirement
• Are primarily comparative: which of the shortlisted options represents a better
solution or better value than the others?
• Focus on the immediate requirement: the placing of a particular contract.
Contract award decisions are therefore generally taken on the basis of a few objective,
quantifiable (numerical) criteria - such as price or best value - which can be directly,
unambiguously and consistently compared from one quotation or bid to another.
However, this presents a risk, because the lowest-price or best-value bid may not represent
the most innovative, reliable or easily-implemented solution - and the supplier may (or may
not) turn out to be technically or organisationally capable of fulfilling the buyer's
requirements to the required standard.
Good criteria will ensure that responses from suppliers clearly address the most critical
aspects of the specification and allow the evaluation panel to make a fair and equal
comparison of the bids received. Award criteria must ensure the possibility of effective
competition and be accompanied by specifications that allow the information provided by
bidders to be verified during their award criteria assessment. Some examples of award
criteria are given below:
• Quality/Technical Merit - Is the product or service proposed fit for purpose? How
well does it perform?
• Design, functional characteristics and aesthetics - How should the product look and
feel? How easy is it to use?
• Sustainable Procurement - e.g. social, economic and environmental considerations
• Community Benefits – Consideration of community benefit requirements required
for contracts valued equal to or greater than £4M, recommended for use below this
threshold.
• Fair Work practices
• Innovation, where appropriate - e.g. new or novel concept?
• Maintenance, ongoing technical support or after sales service - What support is
required and available?
• Delivery or period of completion - the guaranteed turnaround time from order to
delivery or provision of service
• Price - The whole life cost including the initial purchase price, operating costs,
consumables and disposal costs. How cost effective will the goods/service prove to
be?
• Life Cycle Costing – this may be considered for use where additional environmental
costs can be attributed to the products or services that you are purchasing such as
the cost of carbon emissions from machinery being bought
• Labels – does the product or service you seek have specific social or environmental
characteristics that would be verified by a label such as Fairtrade (please note that
equivalent labels or other proof must also be accepted)?
• Test reports and certification may be requested – note that equivalents from other
member states must be accepted.
• Organisations may also evaluate the organisation, qualification and experience of
staff where the quality of staff assigned can have a significant impact on the level of
performance of the contract. However, where this option is taken, such matters
must not also be assessed at the selection stage of the procurement process.
Source: https://www.procurementjourney.scot/route-3/route-3-develop-documents-
selection-award-and-exclusion-criteria-award-criteria
Actions that the buyer could take to improve the balance between technical/quality and
commercial requirements might include:
• Putting in place a sourcing strategy which is jointly agreed between the design,
production and procurement functions.
• Encouraging the aggregation of requirements in order to increase visibility of
requirements and negotiation effectiveness and develop supplier relationships.
• Looking for standardisation opportunities within specifications or encouraging
conformance specifications.
• Pre-qualification of suppliers against a range of sourcing criteria, to more effectively
deal with urgent requirements.
• Other appropriate actions should also be allowed.
Example Matrix for the evaluation of tenders ( for contract award) based on the best price-quality
ratio-
this is called a weighted evaluation matrix- where the criteria are weighted according to their
importance!
Source: PUBLIC PROCUREMENT GUIDANCE FOR PRACTITIONERS September 2018 European
Commission
https://ec.europa.eu/regional_policy/sources/docgener/guides/public_procurement/2018/guida
nce_public_procurement_2018_en.pdf
2.0 Understand the key processes that can be applied to the analysis of
potential external suppliers
2.1 Analyse commonly used sources of information on market data that can impact
on the sourcing of requirements from external suppliers
Purchasing research
‘the systematic gathering, recording, and analysing of data about problems relating to the
purchasing of goods and services’ Fearon
Areas
• Demand analysis
• Vendor analysis
• Supply market analysis
Economic indices
• Stock market indices track the performance of selected companies in different stock
markets
• Specialised indices exist to track the performance of specific sectors of the market
• Some indices have multiple versions
• Specialist indices also exist for other performance management criteria
• Specialist agencies such as Thomson Reuters have developed indices for a range of
decision-support applications
• The Small Business Lending Index (SBLI) by Thomson Reuters/PayNet, is an indicator
of economic trends and market ‘signals’
• Commodities indices, or commodity price indices, track the weighted average of
selected commodity prices, and are designed to be representative of a broad
commodity asset class or a subset of commodities
• The Consumer Price Index (CPI) tracks variations in prices for a range of consumer
goods and services over time, in a particular geographic location
Demand analysis
• Demand for the final product
• Demand for purchased finished items
• The inventory policy of the organisation
• The service level required
• Market conditions
• Supply-side factors
Demand analysis – estimating the likely usage of products and services in the period
ahead in order to source the ‘right quantity’ to meet the organisation’s requirements.
Supply market analysis – appraising general supply conditions within the market. e.g.
market structure and stability, product differentiation, technological developments,
availability and risk of shortages; market prices, price trends; environmental factors.
External structure
• Industrial branch, horizontal relationship
• Industrial column or supply chain
• Materials flow:
• Diverging materials flow
• Linear materials flow
• Converging materials flow
The structure of supply markets
• The number of buyers in the market
• The number of suppliers in the market
• Methods of pricing in the market
• The degree of product differentiation in the market
• Technological developments in the market
Primary data
Secondary data
• Websites published listings- Kelly’s or compass trade directory
• Financial and trade industry press
• Published economic indices
• Chamber of commerce
• published market analysis such as mintell reports- economic & labour
market review
• Commodity pricing
Volatile prices- can be because of bad weather, droughts, glut or oversupply. Political
instability, government interference, strikes etc.
Prices usually vary widely in commodity markets, not only in the short run but also in the
long run. In the short run there are frequent changes in supply because of varying climatic
conditions (for agricultural products) and because of political and other events on the
international scene and in individual countries (such as strikes). As a rule, price changes do
not give rise in the short run to substantial changes in the supply of or demand for primary
goods (low elasticity of supply and demand).
Buyers can reduce companies exposure to price movements (i.e. reduce uncertainty not
speculate) by ‘hedging’ which involves buying or selling on the futures market. A perfect
hedge would be where any loss/profit on your physical transactions are exactly matched by
your loss/profit on your futures transactions; therefore, you neither gain nor loose. You can
also take out an option to buy or sell on the futures market and depending which way the
market moves you can exercise your option or let it lapse. You will, however, have paid out
up-front for the right to an option. Commodity markets bring together buyers and sellers as
well as speculators. This enables a market and futures price to be set and makes possible
hedging. (And speculating).
Examples of commodity markets are: LME- London Metal Exchange ( Copper, Aluminium
etc) LIFFE- London Investment & Financial Futures Exchange(Cocoa, sugar, wheat as well as
GOV bonds, equities) Nymex- New York Mineral Exchange.
Demand analysis – estimating the likely usage of products and services in the period ahead
in order to source the ‘right quantity’ to meet the organisation’s requirements. e.g. a
production facility must estimate demand for materials, components and consumables.
Some items will be dependent on demand for the final product and others will be
independent.
• Demand for the final product- for dependant demand items
• Demand for purchased finished items- for independent items
• The inventory policy of the organisation
• The service level required
• Market conditions
• Supply side factors such as MOQ
Examples of the kind of thing you might be looking for include signs that an organisation:
Financial
• Is not making much profit, is experiencing falling profit margins, or is making a loss
• Is not managing its cash flow, or is experiencing a strong cash ‘drain’ from the
business
• Has more loan capital (borrowed from lenders) than share capital (invested by
owners)
In the context of the EC rules, financial appraisal is a selection (not an award) criterion and is
designed to identify the financial risks to be assessed alongside other relevant qualitative
and quantitative factors that can be grounds for selecting a candidate to tender or
negotiate.
Financial data and credit ratings from specialist on-line database providers are useful
snapshot indicators but should not be used as a substitute for detailed examination of the
candidate’s financial statements- OGC
Their rating reports take account of a company’s corporate strategy, operating position,
financial management and general prospects, and should be noted by the Authority
Credit reporting and risk management agencies may offer a menu of services to businesses
wishing to access credit and financial information about other businesses (such as suppliers).
Dun and Bradstreet, for example, offer:
• Business Information Reports on a named company, giving a
comprehensive business credit check ,including: a business summary, payment
history and organisation chart; industry trends and public report/return filings;
financial statements; and a credit limit recommendation (on the basis of credit
worthiness) and D&B credit rating
• Comprehensive Insights Reports on a named company, for a complete
business credit check and financial insights, including: business summary
payment history and organisation chart; public report/ return filings; industry
comparisons; financial statements; credit limit recommendation; D&B credit
rating; and commercial credit and financial stress scores
• Credit Evaluator Reports on a named company: a summary credit
report, usually used to support business credit decisions, including report
monitoring, credit limit recommendation and industry payment
benchmarks.
2.2 Identify the key processes used for obtaining quotations and tenders
• Advertising requirements
• Requests for information or quotations
• The operation of tendering
• Formalised arrangements for tendering
• Decision criteria for dispensing with tendering
• Advertising requirements
The opportunity may be advertised in a range of ways, but will, at least include the
following:
▪ E-tendering portal
▪ OJEU (Official Journal of the European Union) notice if required
▪ Other websites
▪ Trade publications
▪ Other social media forums e.g. Twitter
£4,322,012
Request For Proposal (RFP): A request for proposal typically includes background on the
issuing organisation and its line of business. The request sets out specifications describing
the solution it seeks and evaluation criteria disclosing how proposals are graded. Requests
for proposals may include a statement of work describing tasks to be performed by the
winning bidder and a timeline for providing finished work.
Request for Quotation ( RFQ): A request for quote (RFQ) is a type of procurement
solicitation in which a company asks outside vendors to offer a quote for the completion of a
specific task or project. An RFQ is usually the initial step for submitting an RFP, in which the
bidders are asked to offer a more comprehensive price quote. However, RFQs may be
submitted as an attachment to an RFP. An RFQ is typically used when products and services
are standard or off-the-shelf, which allows the soliciting company to compare the various
bids easily.
1. The value of the procurement should be high enough to justify the expense of the
process
2. The specifications must be clear and the potential suppliers must have a clear idea
of the costs involved in fulfilling the contract
3. There must be an adequate number of potential suppliers in the market
4. The potential suppliers must be both technically qualified and keen to win the
business
5. There must be sufficient time available for the procedure to be carried out
When to Use
Award 100% to the cheapest bid, then compare that lowest figure as a percentage of the
other bids. (See the following two worked examples.)
Disclose a threshold price to bidders, which scores zero, and all bids under that threshold are
scored comparatively, inverting the model below. For example, if the threshold is £100, a bid
of £60 would score 40 (as £60 is 40% of £100) and a bid of £70, 30. Bids above the threshold
would be non compliant, or would incur minus marks.
Outsourcing contract
Formula:
(Lowest price / price you are evaluating) x 100 = price score for that bidder
Bids
The bids are based on a fixed price per annum.
You have three bids:
Bidder A: £1.2 million.
Bidder B: £950,000.
Bidder C: £1.5 million.
Scores
Following the above formula, the results are:
Bidder B: 100% (as it is the lowest bid).
Bidder A: 79% ((950,000 / 1.2 million) x 100).
Bidder C: 63% ((950,000 / 1.5 million) x 100).
Domiciliary care contract
Formula:
(Lowest price / price you are evaluating) x 100 = price score for that bidder
Bids
The bids are based on hourly rates with no fixed or estimated number of hours
required and therefore no overall price. However, the same formula can be
used by applying it to the hourly rate quoted.
You have three bids:
Bidder A: £16.
Bidder B: £18.
Bidder C: £17.50.
Scores
Following the above formula, the results are:
Bidder A: 100% (as it is the lowest bid).
Bidder C: 91.4% ((16 / 17.50) x 100).
Bidder B: 88.8% ((16 / 18) x 100).
Note that the difference between the bids in the domiciliary care contract is very small and
therefore the pricing evaluation for that contract will have very little impact on the outcome.
Source http://uk.practicallaw.com/2-386-8761?service=publicsector
A balance sheet provides detailed information about a company’s assets, liabilities and
shareholders’ equity. Assets are things that a company owns that have value. Assets
include physical property, such as plants, trucks, equipment and inventory. It also
includes things that can’t be touched but nevertheless exist and have value, such as
trademarks and patents. And cash itself is an asset. So are investments a company
makes. Liabilities are amounts of money that a company owes to others. This can
include all kinds of obligations, like money borrowed from a bank to launch a new
product, rent for use of a building, money owed to suppliers for materials, payroll a
company owes to its employees, environmental clean-up costs, or taxes owed to the
government. Liabilities also include obligations to provide goods or services to
customers in the future. Shareholders’ equity is sometimes called capital or net worth.
It’s the money that would be left if a company sold all of its assets and paid off all of its
liabilities. This leftover money belongs to the shareholders, or the owners, of the
company.
The Balance Sheet shows long/short-term assets and liabilities which should give a
picture of the value/size of a supplier’s business.
A comparison of assets with liabilities will reveal the suppliers’ liquidity/solvency –ability
to meet financial obligations and continue trading - in the short term (current or quick
ratio) and long term (gearing ratio). The balance sheet data can also be used in
assessing the suppliers’ management capability by calculating efficiency and working
capital ratios (asset turnover; stock turnover; debt collection/payment period); and
supplier attractiveness/optimism by calculating investment ratios (dividend per share,
earnings per share, P/E ratio etc.).
The Cash Flow Statement is a useful supplementary statement since profitability is not
does not always equal to liquidity. A weak cash (in/out) position will financially
destabilise a supplier (regardless of its Profit and Loss Statement). The Cash Flow
Statement will give an indication of a supplier’s cash position and ability to support day-
to-day operations.
Cash flow statements report a company’s inflows and outflows of cash. This is important
because a company needs to have enough cash on hand to pay its expenses and
purchase assets. While an income statement can tell you whether a company made a
profit, a cash flow statement can tell you whether the company generated cash. A cash
flow statement shows changes over time rather than absolute dollar amounts at a point
in time. It uses and reorders the information from a company’s balance sheet and
income statement. The bottom line of the cash flow statement shows the net increase
or decrease in cash for the period. Generally, cash flow statements are divided into
three main parts. Each part reviews the cash flow from one of three types of activities:
(1) operating activities;
(2) investing activities; and
(3) financing activities.
2.4 Analyse how electronic systems can be used to help the sourcing of
requirements from external suppliers
E-catalogues: these can be viewed online or downloaded by purchasers. This can speed up
the location of potential suppliers as well as suitable products or services.
Supplier portals and market exchanges: sites where multiple buyers/sellers share
information about requirements and offerings. Again, this can speed up the process of
supplier selection.
E-tendering: involves using e-RFQs and specifications posted online or e-mailed to potential
suppliers. Bids can be received and evaluated electronically, speeding up tendering and
sourcing considerably.
Electronic tendering (eTendering) uses a secure portal to conduct the entire tendering
process electronically. This involves every step in the tender process from expression of
interest through to contract award. This form of tendering requires organisations to register
an interest online, at which point they will be able to access all tender information and
questionnaire(s). Organisations are required to complete and submit their tender
submission online, by a specified date and time. Evaluation will be against pre-set criteria
and will either be completed automatically by the portal, or by a panel of officers where
automatic scoring is not achievable e.g. for a lengthy written response.Electronic tendering
can be used when following any type of tendering procedure, and if appropriate, could also
involve the use of an electronic reverse auction (eAuction).
E-auctions, using the buyer’s or seller’s website, or third party auction sites: suppliers offer
goods online, and potential buyers bid competitively. Bids are ‘open’ so buyers may raise
their offers competitively during the auction. At the end of the bidding period, the highest
bid wins.
Reverse auction: here the buyer specifies its requirements, and suppliers submit
competitive quotes. Bids are open, so suppliers may lower their prices competitively during
the auction. The lowest bid compliant with the specification wins.
http://cipsintelligence.cips.org/video/mEfz369XXrg
Online supplier evaluation data: (e.g.) third party reports, customer feedback, registers and
directories of approved or accredited suppliers, benchmarking reports, market intelligence
tools, etc. Thus, supplier appraisal (visits, etc.) would be speeded up considerably.
BENEFIT EXPLANATION
Cost savings Reducing the direct costs of tendering (for both buyer and
suppliers)
ADVANTAGES DISADVANTAGES
• Enabling the ‘cutting and pasting’ of standard contract terms, and the variation of
draft terms, in an efficient and flexible way
• Enabling strong controls over confidentiality
• Enabling strong contract variation, change and version control
• Integration with a contract management database
E tendering benefits
• E-tendering provides a single point of contact to access and view all tender
opportunities and information
• E-tendering offers non-discriminatory access to the tender process – via the
internet – for SME suppliers and international suppliers
Drawbacks
• Limited access for suppliers lacking the technical know-how or equipment to bid
electronically
• Issues around the security of commercial information and intellectual property
shared in the course of the tender exercise
• Significant initial investment costs associated with specialist equipment, software,
staff training and so on
3.1 Compare the key legislative, regulatory and organisational requirements when
sourcing in the not- for-profit, private and public sectors
The differences between public sector procurement and private sector procurement may
vary between jurisdictions or contexts –e.g. from country/organisation to another. These
differences more in terms of degree of emphasis than of basic operational procedure.
Third Sector
Non-governmental organisations which are value-driven and which principally reinvest
their surpluses to further social, environmental or cultural objectives. It includes
voluntary and community organisations, charities, social enterprises, cooperatives and
mutuals. ---Office of the Third Sector. Third sector organisations are very diverse in both
size and scope, ranging from small, locally based community groups, to social
enterprises and large, national charities. Some have no income at all and rely on the
efforts of volunteers whilst others are, in effect, medium sized businesses run by paid
professional staff.
Regulation may require - Most cost-effective use of charities resources and spending
budgets. Impact on purchasing activities – need for records, policies and procedures,
and transparency in all transactions
Regulation may require - Accountability to members, trustees and regulators. Impact -
induction training, frequent reporting to stakeholders, maintaining records.
Regulation may require - Need for probity in all financial transactions. Impact – may
imply dual authorisation of orders and invoices and the implementation of robust
purchasing / payment procedures.
Regulation may require - The development and implementation of all ethical,
environmental and CSR policies in line with organisation’s objectives. Impact – needs to
be part of the supplier selection process, terms and conditions, contract monitoring.
• The timescale for return of tenders in an open procedure is 35 days, although this
can be reduced by 5 days if tenders can be received electronically. The tender return
date is given in the contract notice.
• RESTRICTED procedure-and COMPETITIVE PROCEDURE WITH NEGOTIATION The
minimum timescale for responses to the notice is 30 days. If an accelerated
procedure has been duly justified, the minimum timescale becomes 15 days.
• Standstill period 10-15days (electronic v manual tender process)
The new Public Contracts Regulations 2015 provides for five award procedures,
See section *****
In General terms
The regulatory framework established by a regulator has a significant impact on the
activities of a company. This includes the purchasing function, which will be impacted in the
following ways:
•Compliance with standards: purchasing needs to ensure all goods and services relating to
the principal activities of the company are compliant with relevant standards and
specifications. An example of this is the purchase of pipes or valves in the water industry.
•Health and safety: all sourced activities, good and services need to comply with the
relevant health and safety standards. For example deliveries by hand need to be packaged
safely and must comply with manual handling regulations.
•Environmental: similarly, all sourced activities, goods and services need to comply with the
relevant environmental regulations. Examples of this include the use of regulated
constituent materials and components of products (such as hazardous materials, gases or
liquids).
•Cost: particularly relevant where the regulator has placed a price-cap on the goods or
services produced. Purchasing needs to ensure it delivers cost effective solutions for the
company's third party expenditure.
•Governance: purchasing may be required to demonstrate that probity, due diligence and
due process has been followed when sourcing or outsourcing from third parties. An example
of this in the US relates to the provisions of the Sarbanes-Oxley Act. In UK it a code known as
the Corporate Governance Code (formerly the Combined Code) sets out standards of good
practice in relation to board leadership and effectiveness, remuneration, accountability and
relations with shareholders.
•Clear audit trail: purchasing may be required to maintain files on key transactions to
demonstrate they have been fair and acted within the due process and with probity.
•EU directives: although usually referring to public sector procurement will also apply for
utilities (such as energy, water and telecommunications).
•Appropriate service levels: particularly relevant when third party suppliers have been
sourced to undertake a service that touches the customer (such as call handling, deliveries,
inspections or engineering).
Europe
There are THREE European Standardization Organizations (CEN, CENELEC and ETSI) that have
been officially recognized by the European Union and by the European Free Trade
Association (EFTA) as being responsible for developing and defining voluntary standards at
European level.
In general, each country or economy has a single recognised national standards body.
There are two main types of standard.
Management system standards can help businesses improve their efficiency by providing a
best practice model for them to follow. Showing that your company, product or service
meets a specific standard can also help you compete for business from larger businesses or
government departments, many of whom have strict standards or criteria that suppliers
must comply with. In some instances customers may insist that a business uses standards
before they feel comfortable purchasing their products or services.
International Standards bring technological, economic and societal benefits. They help to
harmonize technical specifications of products and services making industry more efficient
and breaking down barriers to international trade. Conformity to International Standards
helps reassure consumers that products are safe, efficient and good for the environment.
Benefits of standards include:
• Cost savings - International Standards help optimise operations and therefore improve the
bottom line
• Enhanced customer satisfaction - International Standards help improve quality, enhance
customer satisfaction and increase sales
• Access to new markets - International Standards help prevent trade barriers and open up
global markets
• Increased market share - International Standards help increase productivity and
competitive advantage
• Environmental benefits - International Standards help reduce negative impacts on the
environment
3.2 Compare the key legislative, regulatory and organisational requirements when
sourcing from international suppliers
Introduction
DOCUMENT DESCRIPTION
Bill of Lading is used in Export and Import trade under sea mode of shipments.
• Payment mechanisms
Letter of Credit
A letter of credit is basically a guarantee from a bank that a particular seller will receive a
payment due from a particular buyer. The bank guarantees that the seller will receive a
specified amount of money within a specified time. In return for guaranteeing the payment,
the bank will require that strict terms are met. It will want to receive certain documents - for
example shipping confirmation - as proof.
Letters of credit are most commonly used when a buyer in one country purchases goods
from a seller in another country. The seller may ask the buyer to provide a letter of credit to
guarantee payment for the goods.
The main advantage of using a letter of credit is that it can give security to both the seller
and the buyer.
Advantages for sellers
By asking for an appropriate letter of credit a seller is reassured that they will receive their
money in full and on time. A letter of credit is one of the most secure methods of payment
for exporters as long as they meet all the terms and conditions. The risk of non-payment is
transferred from the seller to the bank (or banks).
When a buyer uses a letter of credit they get a guarantee that the seller will honour their
side of the deal and provide documentary proof of this.
It’s important to be aware of the additional costs involved in using a letter of credit. Banks
make charges for providing them, so it’s sensible to weigh up the costs against the security
benefits.
Sometimes a letter of credit may combine two types, such as ‘confirmed’ and ‘irrevocable’.
Irrevocable and revocable letters of credit
A revocable letter of credit can be changed or cancelled by the bank that issued it at any
time and for any reason.
Confirmed and unconfirmed letters of credit
When a buyer arranges a letter of credit they usually do so with their own bank, known as
the issuing bank. The seller will usually want a bank in their country to check that the letter
of credit is valid.
For extra security, the seller may require the letter of credit to be ‘confirmed’ by the bank
that checks it. By confirming the letter of credit, the second bank agrees to guarantee
payment even if the issuing bank fails to make it. So a confirmed letter of credit provides
more security than an unconfirmed one.
They can sometimes result in expensive delays, bureaucracy and unexpected costs.
A suitable diagram could be provided to aid analysis.
EXW—Ex Works: the seller ‘delivers’ when he or she places the goods at the disposal of
the buyer at the seller’s premises or another named place. The goods will not have been
cleared for export and not loaded onto any collecting vehicle. Under Ex-Works the seller
has no obligation to load the goods.
DDP—Delivered Duty Paid: the seller delivers the goods to the buyer, cleared for import
and not unloaded from any arriving means of transport at the named place of
destination. Under DDP there is maximum obligation to the seller and, on the other
hand, this option allows minimum obligation on the buyer. The only responsibility of the
buyer under DDP is to offload at the delivery place.
How to use the new rules
• Incorporate the new rules specifically into the relevant contract. They will not
apply otherwise.
• Choose the right rule.
• Use as precise a named place as possible; for example: FCA, Seller’s premises at
142 Holborn, London, England, EC1N 2SW, Incoterms 2010.
• Currency regulations
Firms producing goods for the domestic market in competition with foreign imports
similarly want the value of sterling to be low, as this makes imports more expensive in
domestic terms, favouring domestic suppliers. If sterling rises, imports will be more
competitive. Fluctuations in foreign exchange rates therefore represent a source of financial
risk for purchasing organisations. An overseas supplier will normally quote a price in its own
currency, and the buyer will need to purchase currency in order to make payment. If sterling
weakens between the time when the price is agreed and the purchase of the currency, the
buyer will end up paying more. The risk is even greater if staged payments are to be made.
There are a number of ways of managing exchange rate risk.
• The purchaser might be able to transfer the risk to the suppliers, by getting them to
quote prices in their own currency.
• If fluctuations are not extreme, it may be possible to estimate the rate that will apply
at the time of payment, and negotiate prices accordingly (perhaps with a contract
proviso that prices will be renegotiated if the exchange rate fluctuates by a stated
percentage or reaches a stated rate).
• It may be possible to agree to pay for the goods at the time of contract (i.e. at today's
known exchange rate), without waiting for later delivery. This is an example of a
technique called 'leading' (making payment in advance of the due date to take
advantage of a positive exchange rate):
• Another approach would be to use one of the available tools of currency
management, such as a forward exchange contract, which enable the importer to
'hedge' the risk. Under this arrangement, the organisation contracts now to purchase
the overseas currency at a stated future date, at a rate of exchange agreed now.
• If exchange rate risks are severe, a purchaser may have to consider
temporarily sourcing from the domestic market, from a single currency
market such as the EU, or from other markets with less volatile
currencies.
• Applicable law
Applicable law-the Rome Convention 1980 allows the parties to expressly agree on which
county law will apply in the event of a contractual dispute. Without such stipulation, the
nature of the contract and the prevailing circumstances will dictate - usually the country
mostly associated with the contract, e.g. in which the contractual work will be performed.
Ethical sourcing is the process of ensuring the products being sourced are obtained
in a responsible and sustainable way, that the workers involved in making them are
safe and treated fairly and that environmental and social impacts are taken into
consideration during the sourcing process. According to the Chartered Institute of
Purchasing & Supply (CIPS), ethical sourcing also means the procurement process
respects international standards against criminal conduct and human rights abuses
and responds to these issues immediately if identified.
4.1 Describe the impact of international ethical standards on procurement and supply
• Bribery
• Corruption
• Fraud
• Human rights
• Modern slavery
• Bribery- when a person offers, gives or promises to give a "financial or other advantage"
to another individual in exchange for "improperly" performing a "relevant function or
activity".
• Bribery and Corruption Act 2010- UK legislation
• Foreign Corruption and practices act FCPA 1977- USA legislation
• Corruption
Corruption does not in itself define a specific crime in the UK, however it is a term
used to describe a wide range of unethical behaviour, including fraud and bribery.
Types of Corruption
• unethical access to data or competitive intelligence.
• fraudulent working practices at any point across in the supply chain.
• bribery and corruption in the labour market.
• conflicts of interest with favours being given and or preferential treatment.
• criminal offences relating to safety and workers’ rights in the supply chain.
• Fraud
By fraud we mean:
Preconditions
• The fraudster must have a motive
• There must be assets worth stealing
• There must be opportunity
• Lack of control
Prevention
• Ethical values should be a key criterion in the recruitment and selection of
staff to work in the purchasing function
• Training will be supported by a strong stance devolved down from the most
senior levels of the organisation
• Unduly close relationships between purchasers and suppliers should be
prevented from developing
• Ensure separation of responsibilities
• Modern Slavery
Today slavery is less about people literally owning other people – although that still
exists – but more about being exploited and completely controlled by someone else,
without being able to leave.
https://www.antislavery.org/slavery-today/modern-slavery/
Modern Slavery is the term used within the UK and is defined within the Modern
Slavery Act 2015. The Act categorises offences of Slavery, Servitude and Forced or
Compulsory Labour and Human Trafficking (the of which comes from the Palermo
Protocol).
Children cannot give consent to being exploited therefore the element of coercion
or deception does not need to be present to prove an offence.
Ethics are the principles which define behaviour as right, good and appropriate and members
are bound to uphold certain values in their professional activities.
The value of the transactions in the procurement process along with pressures to lower costs
could result in bribery, corruption and other practices which could be deemed unethical. It is
therefore imperative that procurement operates ethically, with impartiality, transparency, and
professionalism.
• never engaging in conduct, either professional or personal, which would bring the
profession or the Chartered Institute of Procurement & Supply into disrepute
• not accepting inducements or gifts (other than any declared gifts of nominal value which
have been sanctioned by my employer)
• not allowing offers of hospitality or those with vested interests to influence, or be
perceived to influence, my business decisions
• being aware that my behaviour outside my professional life may have an effect on how I
am perceived as a professional
• respect fundamental international standards against criminal conduct (like bribery, corruption
and fraud) and human rights abuse (like modern slavery), and respond immediately to such
matters where they are identified, and
• result in progressive improvements to the lives of people who contribute to supply chains and
are impacted by supply chain decisions.
Labour core standards are but ONE aspect of CSR- they do not cover bribery, corporate
governance or environmental/sustainability issues- but are fundamental to companies to ensure
ethical supply chains.
The Ethical Trading Initiative (ETI) is an alliance of companies, trade unions and voluntary
organisations. They work in partnership to improve the lives of poor and vulnerable workers
across the globe that make or grow consumer goods – everything from tea to Tshirts, from
flowers to footballs.
1. Child Labour
2. Forced or Compulsory Labour
3. Health and Safety
4. Freedom of Association and Right to Collective Bargaining
5. Discrimination
6. Disciplinary Practices
7. Working Hours
8. Remuneration
9. Management System
4.3 Compare the use of audits and other feedback mechanisms to evaluate ethical standards in the
workplace
•Monitor supplier performance
•Encourage dialogue with suppliers on improvements to process
•Recommend remedial actions where appropriate
•Identify and address potential conflicts of interest
In cases where a contract require social or environmental standards of the supplier, an audit can
be invaluable in determining which parts of the standard were met.
Audits involve in-situ checking of the supplier’s conditions, and, in some cases, off-site interviews
with workers and ex-workers in places where they are free to speak honestly. Audits can b
undertaken by a third party (NGOs, commercial audit companies) or by staff of the buyer.
Ethics audits
• Ensure that top management is committed to the audit
• Appoint a suitable ethics committee to write the terms of reference for the audit
and an ethics officer to conduct it
• Create a diverse team of employees to formulate audit questions regarding the
organisation’s ethical performance
• Analyse official guidance, such as ethical mission statements and codes of ethics,
to see how clear and thorough it is
• Ask people in the organisation questions about why they think various unethical
behaviours have occurred
• Benchmark your organisation’s ethical practices to those of others in the same
industry
• Formally report and communicate findings to all concerned parties
Where breaches of basic standards occur, such as those involving corruption, fraud, bribery
and modern slavery, a ‘zero tolerance approach’ should be adopted, with such breaches
addressed immediately.
To enable swift progress to be made at the end of an audit, the Corrective Action Plan (CAP)
needs to be shared with all relevant decision makers, i.e. not only site managers, supplier
owners and buyers but also workers’ representatives.
Workers can comment on the veracity of the audit, suggest improvements and highlight the
highest-priority changes. Workers are the best monitors of whether changes have occurred
at their workplace. Commercial audit companies may offer to monitor the implementation
of the ‘corrective actions’. However, the buyer’s direct involvement in discussions with
suppliers and worker representatives emphasises the buyer’s desire for improvements to be
made. For example, they could update the contract to make a commitment to the supplier
for a fixed term, on the condition that improvements are satisfactorily implemented.
• Investigate in detail the possible breaches and their extent including framing the issue,
evidence collection, full evaluation and a clear action plan.
• An early and urgent dialogue with the supplier (at executive or CPO level) will be
necessary.
• Review the level and content of key performance indicators and take remedial action if
unclear, to create confidence in the market, transparency and reassurance to investors
and customers
• Produce a supply chain map to outline vulnerabilities
• Conduct an audit, or appoint a third party to conduct the audit-urgently
• Need for better auditing regime to be planned
• In extreme cases it may be necessary ,as a last resort, to exit the supplier or even alert
the police
• After accusation made, international supplier should issue statement indicating that the
accusations are being taken seriously, and immediate action is being taken, as
reputation of food organisation is at risk
• Food organisation should check workers of supplier have not been treated badly
throughout the known supply chain
• Communication with the media will have to be carefully planned
•Identify and address potential conflicts of interest
Stakeholders
Stakeholders are people or groups who are affected by the actions of your organization.
Often they also have the ability to affect you. This is why ISO 26000 emphasizes stakeholder
involvement, and provides suggestions on how to go about it..
4.4Contrast processes and practices that the organisation could adopt to meet the
requirements of Corporate Social Responsibility (CSR)
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Corporate social responsibility mandates usually revolve around the triple bottom line approach
to organisational sustainability (CIPS: Balancing commercial and sustainability issues purpose).
Triple Bottom Line (TBL) is embedded into a company's CSR and is closely related to the 3Ps.
The phrase “the triple bottom line” was first coined in 1994 by John Elkington, the founder of a
British consultancy called SustainAbility.
Companies should be preparing three different (and quite separate) bottom lines. One is the
traditional measure of corporate profit—the “bottom line” of the profit and loss account.
The second is the bottom line of a company's “people account”—a measure in some shape or
form of how socially responsible an organisation has been throughout its operations.
The third is the bottom line of the company's “planet” account—a measure of how
environmentally responsible it has been.
The triple bottom line (TBL) thus consists of three Ps: profit, people and planet. It aims to
measure the financial, social and environmental performance of the corporation over a period of
time. Only a company that produces a TBL is taking account of the full cost involved in doing
business.
https://www.economist.com/news/2009/11/17/triple-bottom-line
ISO 20400:2017 Sustainable procurement -Is the world’s first international standard to,
provide guidance on delivering sustainability objectives through its supply chain.
ISO 20400:2017 provides guidance to organizations, independent of their activity or size, on
integrating sustainability within procurement, as described in ISO 26000. It is intended for
stakeholders involved in, or impacted by, procurement decisions and processes.
While the standard outlines how an organisation can integrate efficient procurement steps
into its existing procurement methods, it does not make recommendations for changing the
procurement metods themselves.
The standard also uses the core pillars of sustainability, taken from ISO26000:
This is a guidance standard like ISO 26000, not a requirements ,standard like ISO 14001. This
,means an organisation cannot be certified for compliance but can be evaluated and/or
advised by a competent third party.
“Procurement that has the most positive environmental, social and economic impacts on
a whole life basis”.
The standard also uses the core pillars of sustainability, taken from ISO26000:
• Organisational governance
• Human rights
• Labour practices
• The environment
• Fair operating practices
• Consumer issues
• Community involvement and development
ISO14001
ISO 14001 is an internationally agreed standard that sets out the requirements for an
environmental management system. It helps organizations improve their environmental
performance through more efficient use of resources and reduction of waste, gaining a
competitive advantage and the trust of stakeholders.
Benefits
Practices
‘While the tender documentation typically focuses on the specific nature of the product
requirement, there is often also a qualitative requirement, focusing on the experience,
capacity and service level of the prospective supplier’. CIPS, 2012, p.114
Pre-qualification questionnaires (PQQ’s)
Evaluates how indicators of desired behaviours can support compliance with standards for
sustainability to supply chains, the capabilities of third party organisations to promote
compliance with standards for sustainability in supply chains and critically assesses how
relationships with suppliers should deal with infringements of standards for sustainability
• Define organisational value for money to include social outcomes - use of local labour,
participation of disadvantaged groups
• Design procurement processes to deliver social outcomes as well as, or as an alternative to,
normal economic measures of value
https://www.ypo.co.uk/social-value/what-is-social-value
Examples of social value can come in lots of shapes and sizes. Some of the more obvious and
usually well embedded examples include:
1. Apprenticeship schemes
2. Graduate schemes
3. Training and development programs to up-skill employees
4. Work placements or work experience
5. Reduce waste to landfill (recycling)
6. Carbon reduction initiatives
7. Local business
8. SME initiatives
9. Volunteering programs
10. Charitable donations/awareness campaigns
11. Sustainable product sourcing/design/manufacture