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CIPS Exam L4M1 Topic 1 Question 13 Discussion

Actual exam question for CIPS's L4M1 exam
Question #: 13
Topic #: 1
[All L4M1 Questions]

Discuss 3 areas of regulation relating to competition that a procurement professional should be aware of (25 points)

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Suggested Answer: A

A basic response would include:

- What a Corporate Governance Framework is - the system of rules, practices and processes which directs and controls a company. Corporate Governance refers to the way in which companies are governed and to what purpose.

- Impact this has on policies and processes -- means the procurement department follows regulatory mechanisms (e.g. financial regulations, Codes of Practices), has a checks and balances system (such as auditing), uses e-procurement technologies, vets staff and suppliers, has a clear segregation of duties etc.

This is a very open question and there are so many correct answers. In fact, it's quite hard to give a wrong answer to this question -- as long as your response explains a policy or process that a procurement department can have that ensures they're following Corporate Governance -- that's right!

A good response may mention:

- Corporate governance is in essence a 'toolkit' that allows an organisation to effectively manage itself, ensuring that it's policies and procedures are compliant with legislation and are ethical. It also ensures that the company meets its objectives.

- The impact Corporate Governance has on the procurement department will be in mandating the ways in which goods and services are procured and in the general ways of working of the procurement department.

- In your response you should mention 5 (ish) different ways Corporate Governance would impact on how procurement do their job. Examples include:

- Ethical Conduct -- corporate governance ensures that the company is operating in a legal and ethical way. This influences the processes Procurement will do and the type of suppliers they will engage with. This may also be in their approach to relationships and negotiations- seeking out collaborative relationships with suppliers rather than looking to exploit them. For example, an organisation that does not have a Corporate Governance structure may look to take advantage of suppliers and achieve the lowest cost possible at the expense of the supply chain and local community. An organisation that has strong Corporate Governance would work with suppliers, developing the relationships and thinking long-term about the impact on the local community. The organisation may therefore prioritise standards such as Fair Trade over price, and this would be reflected in the way tenders are evaluated by the procurement department.

- Use of Checks and Balance system- Corporate Governance ensures strong financial controls are implemented throughout the organisation. For the procurement department this may result in purchases being made to strict budgets (rather than just spending whatever they want), and business cases being written up and approved before the organisation spends a large amount of money on a single item. Another impact may be in the use of audits. For example, peer reviewing tenders and contract awards to ensue all members of the Procurement Team are following internal processes correctly.

- Anti-fraud prevention mechanisms. An important area of Corporate Governance is ensuring the organisation is free from fraud and corruption. This impacts on Procurement's policies and processes as it will mean scrutinising tenders and who is being awarded contracts. It may result in high levels of Due Diligence being completed on suppliers before entering into contracts and providing a whistle-blowing service for staff to report issues.

- Security measures- this will be to protect the organisation from risk. It may include the procurement department vetting new staff by completing background checks. It may also involve the segregation of procurement duties so that no individual has too much power. E.g. one person raises the requisition and another person approves the purchase. Security may also be in ways of working such as password protecting documentation and limiting access to confidential information.

- Use of a Purchasing Policy Manual -- this provides operational guidance on procurement policies and procedures to all staff members. It may detail things like who has permission to order what, who the Delegated Purchasing Authority (DPA) is and the roles and responsibilities of the team.

An excellent response may also include

- Reasons why Corporate Governance Frameworks impact on procurement policies and practices. This could include reasons of accountability, reputation and risk management, procurement's links with other departments.

- You could also look at what processes would look like with Corporate Governance compared to without it (with CG = rule driven, autocratic but organisation is protected from risk. Without CG = laissez-faire, everyone does whatever they like, very risky)

- You could also provide further examples, either real life or hypothetical. Investopedia has some great information and examples you could use: Corporate Governance Definition: How It Works (investopedia.com)


Contribute your Thoughts:

Yun
2 months ago
Let's see, price-fixing, market collusion, and bid-rigging. Time to put on my best Inspector Gadget voice and get to work!
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Inspector Gadget voice activated! Let's regulate some competition!
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Johnson
3 days ago
Bid-rigging is when competitors agree on who will win a contract before the bidding process.
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Mattie
9 days ago
Market collusion involves competitors working together to manipulate the market.
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Beth
1 months ago
Price-fixing is when competitors agree to set prices at a certain level.
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James
2 months ago
You want me to discuss 3 areas? I'll give you 3 volumes, complete with footnotes and a bibliography!
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Dana
28 days ago
Yeah, we don't need a whole research paper, just a summary will do.
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Alverta
2 months ago
That's a bit excessive, just give a brief overview of the 3 areas.
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Kirby
2 months ago
Another area could be merger control to ensure market competition.
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Bernadine
2 months ago
Antitrust laws, trade regulations, and fair bidding practices - these are the bread and butter of a procurement pro.
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Tresa
13 days ago
Fair bidding practices help to ensure that all suppliers have an equal opportunity to compete for contracts.
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Reena
1 months ago
Trade regulations ensure that international trade is conducted fairly and without discrimination.
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Felice
2 months ago
Antitrust laws are crucial to prevent monopolies and promote fair competition.
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Nakisha
2 months ago
Yes, that's important to prevent unfair competition.
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Ellen
2 months ago
Hmm, competition regulations? This sounds like a job for my regulatory superhero sidekick, 'The Monopoly Man'!
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Micah
2 months ago
I think one area of regulation is anti-competitive practices.
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