Describe what should be considered when creating damages terms in a contract.
Correct Answer:
See the answer in explanation. Explanation: Damages are 'sum of money that the supplier pays if it fails to carry out its contractual obligation. When creating terms for damages in the contract, it should be considered that Damages are categorized into two types (liquidated and un-liquidated). And which or if both are applicable to the contract in hand. Liquidate Damages are fixed amount of money agreed between the parties that is payable if a contract is breached. For example, knowing that supplier not being able to install a device properly in a power transformer may destroy the device and going ahead to include a fee in the contract if the device was destroyed. Un-liquidated damages are unfixed amount of money. It is used when the amount of money that will compensate the injured party cannot be known in advance. A court decides the amount when the damages occur. For example, knowing that supplier not being able to install a device properly in a power transformer may destroy the device, other appliances and equipment unknown, cause the buyer delay in the process and reputational damage as in customer dissatisfaction. Yet, unquantifiable as both parties are unable to fix a fee in advance on the damages and leaving it to the court to decide the damage if it may occur. * Refer to the question column for response
Question 112
Which theory relates to the 3Ps
Correct Answer:
Trying to measure how sustainable an organization was use to be challenging undertaking. However, during the 1990s, a concept brought up by American John Elkington change the way sustainability was measured. This framework is known as the triple bottom line (TBL) and measures sustainability in relation to organizational performance and investment against the 3Ps (1) Profits (2) People (3) Planet. For example; Profit: A packaging manufacturer reinventing its profits in a State- of-the-art recycling machinery for it wasted cardboard. People: A large privately owned call centre donate its end of life computers to a local youth clubs and social groups to help gain internet cases.
Question 113
What matrix helps to define how to manage stakeholders?
Correct Answer:
Stakeholders are individuals or organizations who are directly affected by a decision for example, community, shareholders, employees, suppliers, distributors, customers etc. stakeholders can be internal (employers, staffs), connected (such as suppliers, shareholders, financers and customers) external (Government, pressure groups, and community). The matrix that helps define how to manage stakeholders is mendelow's stakeholders manage-ment matrix. This matrix is based on the theory that the level of management stakeholders require depends on the level of their power and interest within the project or organization The matrix groups stakeholders in to four quadrants according to their power and interest and ad-vice how to manage them. 1) Low power - Low interest (minimum effort) 2) Low power - High interest (keep inform) 3) High power - Low interest (keep satisfied) 4) High power - high interest (manage closely)
Question 114
What are advantages and disadvantages of the two types of specifications?
Correct Answer:
Ones the need is understood, the procurement professional develops the specifications while working together with stakeholders and colleagues to ensure that the final design is fit for purposes that it meets the generated need. Specification can be focus on performance or conformance. Performance specification states what the product or service must do or how it should perform but leave the supplier the freedom to achieve this, however they wish. Performance specification brings the following advantages; it allows supplier innovation, promote competition in the market place, shorter document, quick to prepare. The disadvantage of perfor-mance specification is that buyers may not know exactly what they will be getting. Conformance specification gives clear instructions to the supplier about what is required and how it should be achieved. Examples of conformance specifications are chemical formulae, recipes and technical drawings. Conformance specification specifies which standards a requirement must meet or exceed. The advantage of using it is; buyers know exactly what they will get. It has the following disadvantages; the buyer bears the risk, it does not encourage supplier to innovate, take longer and complex documentation. * Refer to the question column for response
Question 115
What potential costs could an organization face if it fails to conduct Due diligence effectively?
Correct Answer:
Though strong due diligence procurement professionals can assess which suppliers or potential suppliers appear to meet the criteria associated with ethical practice. Prior to the contract being awarded, strong due diligence can save the organization from the following cost: 1) Cost of reputation 2) Environmental damage 3) Stakeholders dissatisfaction, 4) poor quality and rework 5) Breach of contract 6) Ethical concerns