LCAP7065 Legal and Contractual Arrangements

Brief A critical review of the importance of legal oversight and effective contract management in purchasing functions. Background Numerous examples exist in practice, of how ineffective purchasing contract management have resulted in hefty fines, penalties, damages, losses, litigations or reputational damage to large organisations. Often, these damages arise from very avoidable circumstances which could have been mitigated if robust contract oversight and/or contract management structures were in place. For instance, many large organisations have separate procurement and legal functions which infrequently work together in a co-ordinated manner. The questions are whether these fines and penalties have driven an attitudinal change to a closer collaboration and communication in large organisations, or does this remain largely a work in progress? Learning outcomes assessed (See the module Handbook as added document) At the end of a module students will be expected to be able to: •Critically assess the implications of relevant business and contractual legislations in purchasing and supply •Critically evaluate the impact of contractual relationships and apply appropriate strategies to the management of contracts •Critically evaluate appropriate negotiation strategies in a legal context and recognise the value of the different nature of terms and conditions in contractual tending and quotations. •Reflect upon ethical issues and create a range of possible solutions to ethical issues that arise within a contractual arrangement in procurement activities. Business Report assignment task: The report task is three-fold. In a 3000-word Report, you are required to critically analyse and discuss the following: •Oversight Brief: Firstly, provide a well-referenced brief on the importance of effective legal and contract management in purchasing and supply functions (LO1). •Case Studies: Secondly, research and report on 2 (two) case examples from the energy, construction or sustainability sector only, of how major failings in their legal and contract management functions, with particular reference to purchasing & supply, resulted in fines, penalties, reputational damage or sanction. Provide robust supporting evidence to demonstrate these lapses in the purchasing/contract management process. (LO2, LO3) •Recommendations: Finally, following your investigation provide clear recommendations of remedial action these organisations need to take to prevent, or at least mitigate, future occurrences of such failings or lapses (LO2, LO3). 2. REFLECTIVE COMMENTARY (word-count limit of 1,000 words) A reflection about ethical issues pertaining to contractual arrangement in procurement activities. Background You are required to complete a Reflective Commentary addressing Learning Outcome #4: Reflect upon ethical issues and create a range of possible solutions to ethical issues that arise within a contractual arrangement in procurement activities. The Reflective Commentary task: You are required to reflect upon ethical issues and the need to create a range of possible solutions that arise within a contractual arrangement in procurement activities. You could consider reflecting on a range of companies, including the 2 (two) case examples from the energy, construction or sustainability sector discussed in Report (LO4) Added document: Module Handbook In the module handbook we have: - Learning outcomes (See details on the table at the end) - Reading materials