Coursework 1 Co Assignment Title:- A case study analysis of JDPi Automotive manufacturer
Coursework 1
Co
Assignment Title:- A case study analysis
... [Show More] of JDPi Automotive manufacturer
Module Co-coordinator:-JAHANGIR AKHTAR
Student Number:- 20127403 Student Name:- Habiba Nur
Module Title:-Procurement and Contract Law Module Code:-ENG7146
Due Date:- 17/05/2021
Table of Contents
Question 1
Benefits of JDPi:
Challenges faced by Procurement and Supply Chain Manager: Overcome the challenges:
Other strategies to minimize those challenges:
Question # 2
Question # 3
Rights of the JDPi: The obligation of JDPi:
Question # 4
Study Scenario:
Advise to Cap Gemini UK PLC:
Question # 5
Sources approach by JDPi: Legal aspects:
References
Question 1
JDPi is among the leading automotive manufacturer in the market utilizing the IT system for the last five years concerning invoices structures. Recently the company did incur a loss for the valuable data because of the systematic failures which did lead to staff demotivation. Hence the company did decide to replace the existing IT system with an upgraded system unit. For the same purpose, the company did ask the existing supplier Cap Gemini UK PLC to deliver the feasibility to system up-gradation by keeping in view improvement in terms of efficiency, speedy response time, and integration for information sharing internally and externally. (Ewan, 2005)
Benefits of JDPi:
Among the major benefits to system up-gradation within their IT structure, JDPi is focusing to gain benefits by using a competitive purchasing approach on internet auction by IT in terms of creation of the competitive environment along with the pricing within the suppliers increase the maximum effectivity and efficiency because of the competitive tendering approach. In addition to that the truly fair and transparent criteria in terms of selection of the most suitable and most eligible supplier can also be achieved for the tender, ultimately will eliminate the trend of monopoly within the same spectrum. Internet-auction system will also become a major source to save time for the stakeholders of JDPi. (Randy. E Bernett, 2003)
Challenges faced by Procurement and Supply Chain Manager:
As per the study, the challenges did face by JDPi to competitive tendering in terms of IT system replacement and up-gradation. As the head of the procurement department of JDPi, Ben Clegg was in favor of competitive tendering to create a healthy competitive environment among the suppliers as per his statements. On the other hand, the head of the Human Resource Department of JDPi was in favor of favoritism upon a deal with an existing supplier of the company Cap Gemini UK PLC instead of open competitive tendering to the IT system in the company.
Overcome the challenges:
As per the study, the following are the below-mentioned strategies to be adopted by JDPi to challenges faced by the company.
Outsourcing Strategy:
Outsourcing is considered as the maximum cost advantage strategy, in addition to that beneficial in terms of positive competition, flexible operations, and innovations to the current competitive global economy within the commercial sector. The decisions of outsourcing taken by the organization depend upon the ability of the marketplace of the available provider. As per the challenges faced by JDPi outsourcing is the best strategy that needs to adopt by the company to the positive competition among the suppliers along with that the advantages upon cost- effectiveness, efficiency, innovation, and flexible operations can also able to attain by the JDPi. (Phillips, 2018).
Global sourcing strategies:
Other than that establishing global sourcing strategies including decision making by managent and decision making by employee by the company is another solution to overcome the challenges. As both of the approaches, the company can use as for its value chain concept under the sourcing microscope either by integrating the business strategic plan with its sourcing plan (top-down approach) or to identify the least areas of a business to the contribution in competitive advantage (bottom-up approach). (Janet Dine, 2013)
Optimizing outsourcing opportunities:
In addition to that, optimizing outsourcing opportunities by the selection of the most suitable entity by the company within the market with an evidential success record is another solution for the JDPi to overcome the challenges of the company.
Other strategies to minimize those challenges:
Apart from the above-mentioned strategies, the below mention strategies are also effective to minimize the challenges by the JDPi.
Creating leading successful teams:
Creating leading successful teams by the company concerning Strategy, Assessment and Implementation is another successful strategic approach adopted by the company to overcome the challenges. The three above-mentioned factors can ultimately deliver the maximum positive impacts for the best outsourcing proposals necessary for the company.
Engaging the MarketPlace:
Outsourcing can only be fruitful if the high-quality service provider is utilizing the best marketplace. So engaging the marketplace in the best possible manner is also among the major components to overcome the challenges faced by the company.
Building the business case:
Building the business case to cost objectivity, expected benefits, and focus on the key issues within the company can also become effective to the challenges. (Mckendrick, 2019)
Although commercial organizations face challenges within the regular operation of their business among the various segments of the company. As per the case, JDPi did also face the challenges, yet by formulating, adopting, and implementing the suitable policies and strategies within the right time, ultimately can able to overcome the challenges along with the benefits generated by the company. (Gustavo Piga Steen, 2013)
Question # 2
Based upon the study as per the terms and conditions mentioned in the contract by law JDPi is governing the contract as per the clauses of the contract.
Terms governing the Contract:
The following are the major contract clauses upon which it can be clearly stated and estimated that JDPi is governing the contract according to the law. (Larson, 2016)
Clause no 13 of the contract clearly stated that;
''The customer may get remedy any default or re-perform any non-conforming Services itself or get them remedied or re-performed by any third party on behalf, and in either case, the supplier will be paid reasonable money so incurred by the Customer''
In addition to that, the modified clause number 6 of the contract states that;
''The contract charges for the service is an estimates for the extent of work is involved for the terms of the contract.''
So by keeping in view the above two mentioned clauses among the other major clauses in favor of JDPi with to contract, it can be cleared that the JDPi have a full grip on the contract as per law, and JDPi as a customer is governing the contract by all means with IT system as a customer. As per the same contract it can be clearly stated that by law JDPi is delivering the contract exactly according to their own favorable and decide terms and conditions and the supplier Cap Gemini UK PLC is delivering the services to its customer JDPi as per the majority terms and conditions in favor to the service delivery in IT system buy Cap Gemini UK PLC as a supplier. (Harson, 2016).
Question # 3
Legal right and obligation is the law structure that shows the right duties and responsibilities towards the party as per the contract to deliver their required tasks, roles duties, and responsibilities. In case of any negligence by any of the party towards the contract can be dealt with under the law. (Aaron, 2016)
As per the above-mentioned contract, the following are the major rights/obligations of the JDPi. Rights of the JDPi:
• The Supplier will take due care to ensure that, in the performance of the work, which is the objective of this Contract, it should not interfere with the
operations of their Customer, employees, or other contractor engaged by the Customer.
• The Services include advice, fault analysis, inspection, modification or
replacement. other works that is necessary to keep the System in good running order.
• The Customer may be paid either any default or re-perform any non-
conforming Services itself or re-performed by a third party on its behalf, and
in either case, the Supplier will pay the reasonable costs that incurred by the Customer.
The obligation of JDPi:
The following are the major Obligations:-
• Customer is responsible to ensured that the necessary operational and environmental conditions are maintaining when use of the System.
• The Customer agrees to flow with all the Supplier's instructions concerning the usage, modification, control, and testing of the System. Also ensuring that the
Customer and employees are adequately trained that they use of can use the System correctly.
• The Customer will be provided correct information, licensing agreements and facilities, as the Supplier can carry out the Services
As per above-mentioned clauses in the contract, it can be clearly stated that JDPi has the right to demand the maximum reasonable care from the supplier Cap Gemini UK PLC with the execution of a task as per the contract. In addition to that, the operations of the JDPi in terms of its employees can never be affected at all because of the supp [Show Less]