Podcast
Questions and Answers
What is the purpose of using a 1 to 5 range for performance scores?
What is the purpose of using a 1 to 5 range for performance scores?
What does the existence of a midpoint (3) in a 1 to 5 range highlight?
What does the existence of a midpoint (3) in a 1 to 5 range highlight?
What distinguishes qualitative research from quantitative data?
What distinguishes qualitative research from quantitative data?
Who should data for performance management be gathered from?
Who should data for performance management be gathered from?
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What is involved in defining data collection parameters?
What is involved in defining data collection parameters?
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Where is quantitative data often found?
Where is quantitative data often found?
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What are examples of qualitative data collection methods?
What are examples of qualitative data collection methods?
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Why is data cleansing crucial in data analysis?
Why is data cleansing crucial in data analysis?
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What does data analysis involve?
What does data analysis involve?
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When might more sophisticated tools such as regression analysis be required?
When might more sophisticated tools such as regression analysis be required?
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What should the complexity of data analysis align with?
What should the complexity of data analysis align with?
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What should procurement professionals and contract managers be mindful of when seeking feedback through surveys?
What should procurement professionals and contract managers be mindful of when seeking feedback through surveys?
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What are the two most important aspects of contract management?
What are the two most important aspects of contract management?
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When should disciplines of performance and risk management be embedded in the procurement process?
When should disciplines of performance and risk management be embedded in the procurement process?
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What is the primary focus of performance and risk management in contract management?
What is the primary focus of performance and risk management in contract management?
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Why is it emphasized that prevention is better than cure in contract management?
Why is it emphasized that prevention is better than cure in contract management?
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What is the difference between data and information?
What is the difference between data and information?
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What is the main purpose of performance monitoring?
What is the main purpose of performance monitoring?
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How should qualitative data be handled for performance management?
How should qualitative data be handled for performance management?
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Why is it important to specify data requirements during the tender/negotiation stage?
Why is it important to specify data requirements during the tender/negotiation stage?
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What is the significance of categorizing data as quantitative or qualitative?
What is the significance of categorizing data as quantitative or qualitative?
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What is the primary difference between monitoring and management?
What is the primary difference between monitoring and management?
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What should be done to avoid problems with performance management tools and measures?
What should be done to avoid problems with performance management tools and measures?
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What is the importance of being as objective as possible when using data for performance management?
What is the importance of being as objective as possible when using data for performance management?
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Why is it important to reduce qualitative data to numbers for performance management?
Why is it important to reduce qualitative data to numbers for performance management?
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What is the purpose of setting out data requirements at the tender/negotiation stage?
What is the purpose of setting out data requirements at the tender/negotiation stage?
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What should be considered when deciding the level of data analysis in performance management?
What should be considered when deciding the level of data analysis in performance management?
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What is the purpose of regular and quick data analysis in performance management?
What is the purpose of regular and quick data analysis in performance management?
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What factors determine the actions to address underperformance in contracts?
What factors determine the actions to address underperformance in contracts?
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What is the first step in addressing underperformance in contracts?
What is the first step in addressing underperformance in contracts?
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What is the purpose of a deficiency notice in addressing underperformance?
What is the purpose of a deficiency notice in addressing underperformance?
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What is the purpose of an improvement notice in addressing underperformance?
What is the purpose of an improvement notice in addressing underperformance?
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What is the purpose of a remedial action notice in addressing underperformance?
What is the purpose of a remedial action notice in addressing underperformance?
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What determines the decision to use an improvement notice or a remedial action notice?
What determines the decision to use an improvement notice or a remedial action notice?
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Under what circumstances should the contract permit the purchaser to use alternative suppliers?
Under what circumstances should the contract permit the purchaser to use alternative suppliers?
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When should penalty clauses, service credit regime, and liquidated damages clauses in the contract be used?
When should penalty clauses, service credit regime, and liquidated damages clauses in the contract be used?
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What potential outcome may result from making deductions for poor performance?
What potential outcome may result from making deductions for poor performance?
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What may be the final sanction for poor performance in a contract?
What may be the final sanction for poor performance in a contract?
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What is the last-resort option when dealing with underperformance?
What is the last-resort option when dealing with underperformance?
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What is the role of an independent third party in alternative dispute resolution (ADR)?
What is the role of an independent third party in alternative dispute resolution (ADR)?
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What is the purpose of arbitration or adjudication in dispute resolution?
What is the purpose of arbitration or adjudication in dispute resolution?
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What is the likely outcome if a plan for improvement is not implemented?
What is the likely outcome if a plan for improvement is not implemented?
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What is the potential consequence of issuing a repeated improvement notice?
What is the potential consequence of issuing a repeated improvement notice?
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What is the first step in remedying underperformance according to the text?
What is the first step in remedying underperformance according to the text?
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What level of authorization is required for terminating a contract?
What level of authorization is required for terminating a contract?
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What is the purpose of an escalation process within the parties' own organizations?
What is the purpose of an escalation process within the parties' own organizations?
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What is the likely outcome if a remedial action notice is not complied with?
What is the likely outcome if a remedial action notice is not complied with?
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What is the potential consequence of a disputed action plan?
What is the potential consequence of a disputed action plan?
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What is the role of penalty clauses and similar terms and conditions in contracts?
What is the role of penalty clauses and similar terms and conditions in contracts?
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What is the primary purpose of provisions for the future in addressing underperformance?
What is the primary purpose of provisions for the future in addressing underperformance?
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When should termination for fault be considered?
When should termination for fault be considered?
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Who should make decisions to terminate a contract?
Who should make decisions to terminate a contract?
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What may contract termination lead to?
What may contract termination lead to?
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What is emphasized as the first step in remedying underperformance?
What is emphasized as the first step in remedying underperformance?
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What is the importance of closely following the procedures laid down in the contract when deploying contractual approaches?
What is the importance of closely following the procedures laid down in the contract when deploying contractual approaches?
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What may be included in dispute resolution provisions in the contract?
What may be included in dispute resolution provisions in the contract?
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What does Table 4.2 outline?
What does Table 4.2 outline?
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What should be considered as a potential outcome if improvement plans are not implemented or successful?
What should be considered as a potential outcome if improvement plans are not implemented or successful?
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What is mentioned regarding penalty clauses and similar terms and conditions in contracts?
What is mentioned regarding penalty clauses and similar terms and conditions in contracts?
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What does the text illustrate about improvement notices?
What does the text illustrate about improvement notices?
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What should be considered when addressing issues not specifically addressed in the contract terms?
What should be considered when addressing issues not specifically addressed in the contract terms?
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What should be considered before utilizing contractual approaches to remedy underperformance?
What should be considered before utilizing contractual approaches to remedy underperformance?
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What are the two most important aspects of contract management?
What are the two most important aspects of contract management?
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When should both performance and risk management be embedded in the procurement process?
When should both performance and risk management be embedded in the procurement process?
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What is emphasized as better than cure in the context of contract management?
What is emphasized as better than cure in the context of contract management?
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What is the consequence of starting to consider managing contract problems when they become obvious?
What is the consequence of starting to consider managing contract problems when they become obvious?
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What should the level of data analysis be proportionate to in performance management?
What should the level of data analysis be proportionate to in performance management?
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What is the purpose of regular and quick data analysis in performance management?
What is the purpose of regular and quick data analysis in performance management?
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What factors does the action to address underperformance depend on?
What factors does the action to address underperformance depend on?
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What is the first step in addressing underperformance?
What is the first step in addressing underperformance?
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What is the purpose of a deficiency notice?
What is the purpose of a deficiency notice?
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What does an improvement notice require the supplier to do?
What does an improvement notice require the supplier to do?
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What is the purpose of a remedial action notice?
What is the purpose of a remedial action notice?
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What determines the decision to use an improvement notice or a remedial action notice?
What determines the decision to use an improvement notice or a remedial action notice?
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Under what circumstances should the contract permit the purchaser to use alternative suppliers?
Under what circumstances should the contract permit the purchaser to use alternative suppliers?
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When should penalty clauses, service credit regime, and liquidated damages clauses in the contract be used?
When should penalty clauses, service credit regime, and liquidated damages clauses in the contract be used?
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What can potentially happen to any deductions made for poor performance?
What can potentially happen to any deductions made for poor performance?
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What may be the final sanction for poor performance?
What may be the final sanction for poor performance?
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What is the primary difference between a service credit regime and liquidated damages in a contract?
What is the primary difference between a service credit regime and liquidated damages in a contract?
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What is the advantage of a service credit regime over liquidated damages in terms of cost impact calculation?
What is the advantage of a service credit regime over liquidated damages in terms of cost impact calculation?
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In what way does a service credit regime differ from penalty clauses and damages in a contract?
In what way does a service credit regime differ from penalty clauses and damages in a contract?
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What is a key requirement for invoking a penalty clause, damages, or service credit clause in a contract?
What is a key requirement for invoking a penalty clause, damages, or service credit clause in a contract?
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What is the primary focus of cost management in business?
What is the primary focus of cost management in business?
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What is the main objective of budgeting in cost management?
What is the main objective of budgeting in cost management?
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What is the potential consequence of staying within budget by reducing output?
What is the potential consequence of staying within budget by reducing output?
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What are budgets based on, which can lead to the need for business decisions like increasing budget or reducing quality?
What are budgets based on, which can lead to the need for business decisions like increasing budget or reducing quality?
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What is an example of a key performance indicator (KPI) in cost management?
What is an example of a key performance indicator (KPI) in cost management?
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What does improving the resource input emphasize in cost management?
What does improving the resource input emphasize in cost management?
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What is the criticism of public-sector procurement in terms of cost control?
What is the criticism of public-sector procurement in terms of cost control?
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What should key performance indicators (KPIs) contribute to in cost management?
What should key performance indicators (KPIs) contribute to in cost management?
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In what way can reducing output to stay within budget impact cost-per-unit?
In what way can reducing output to stay within budget impact cost-per-unit?
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What is the role of cost management in businesses' production processes?
What is the role of cost management in businesses' production processes?
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What is the purpose of cost control in business?
What is the purpose of cost control in business?
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What is the main objective of estimating in cost management?
What is the main objective of estimating in cost management?
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What is the best use of Key Performance Indicator (KPI) information?
What is the best use of Key Performance Indicator (KPI) information?
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What is the primary focus of the 'five whys' approach?
What is the primary focus of the 'five whys' approach?
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What is the goal of the 'five whys' approach?
What is the goal of the 'five whys' approach?
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What is the most important component of performance management?
What is the most important component of performance management?
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What does the 'five whys' approach involve?
What does the 'five whys' approach involve?
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What is the relationship between purchaser and supplier in addressing underperformance through KPIs?
What is the relationship between purchaser and supplier in addressing underperformance through KPIs?
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What is the potential consequence of increasing resource input to address delivery problems?
What is the potential consequence of increasing resource input to address delivery problems?
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What is the emphasis regarding throwing money at a problem?
What is the emphasis regarding throwing money at a problem?
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What is the purpose of the 'five whys' approach?
What is the purpose of the 'five whys' approach?
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What is the focus of the 'five whys' approach?
What is the focus of the 'five whys' approach?
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What is the primary purpose of Key Performance Indicators (KPIs)?
What is the primary purpose of Key Performance Indicators (KPIs)?
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Which of the following is NOT a Product/service quality KPI?
Which of the following is NOT a Product/service quality KPI?
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What does the delivery compliance KPI measure?
What does the delivery compliance KPI measure?
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What is the primary focus of cost management?
What is the primary focus of cost management?
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What does resource planning involve?
What does resource planning involve?
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What do health and safety KPIs measure?
What do health and safety KPIs measure?
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What are the administration KPIs used to measure?
What are the administration KPIs used to measure?
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What is the purpose of lead time as a KPI?
What is the purpose of lead time as a KPI?
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What is the purpose of cost control in cost management?
What is the purpose of cost control in cost management?
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What is the primary focus of resource planning in cost management?
What is the primary focus of resource planning in cost management?
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What do product/service quality KPIs measure?
What do product/service quality KPIs measure?
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What are the KPIs used to measure delivery performance?
What are the KPIs used to measure delivery performance?
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What is the purpose of the delivery compliance KPI?
What is the purpose of the delivery compliance KPI?
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Which of the following is NOT a Product/service quality KPI?
Which of the following is NOT a Product/service quality KPI?
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What does the delivery compliance KPI measure?
What does the delivery compliance KPI measure?
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What is the primary focus of cost management?
What is the primary focus of cost management?
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What does resource planning involve?
What does resource planning involve?
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What do health and safety KPIs measure?
What do health and safety KPIs measure?
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What are the administration KPIs used to measure?
What are the administration KPIs used to measure?
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What is the purpose of lead time as a KPI?
What is the purpose of lead time as a KPI?
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What is the purpose of cost control in cost management?
What is the purpose of cost control in cost management?
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What is the primary focus of resource planning in cost management?
What is the primary focus of resource planning in cost management?
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What do product/service quality KPIs measure?
What do product/service quality KPIs measure?
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What are the KPIs used to measure delivery performance?
What are the KPIs used to measure delivery performance?
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What is the purpose of the delivery compliance KPI?
What is the purpose of the delivery compliance KPI?
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What do penalty clauses in contracts typically require the invoice to state?
What do penalty clauses in contracts typically require the invoice to state?
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What is the tax implication of penalty clauses in contracts?
What is the tax implication of penalty clauses in contracts?
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What is a concern related to incentive or bonus payment structures in contracts?
What is a concern related to incentive or bonus payment structures in contracts?
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What is a potential drawback of bonus systems in contracts?
What is a potential drawback of bonus systems in contracts?
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What do advocates of incentive schemes often overlook?
What do advocates of incentive schemes often overlook?
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What do gain share provisions offer in contracts?
What do gain share provisions offer in contracts?
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What is essential for measuring supplier performance in contracts?
What is essential for measuring supplier performance in contracts?
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What do quality performance KPIs cover?
What do quality performance KPIs cover?
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What is important for KPIs to be as a measure?
What is important for KPIs to be as a measure?
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What should be considered when using KPIs as a measure in contracts?
What should be considered when using KPIs as a measure in contracts?
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What is emphasized regarding the number of KPIs to use on a contract?
What is emphasized regarding the number of KPIs to use on a contract?
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What do KPIs need to be in order to be effective measures of performance?
What do KPIs need to be in order to be effective measures of performance?
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What is the primary purpose of aligning KPIs to targets in performance management?
What is the primary purpose of aligning KPIs to targets in performance management?
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What is the significance of the wording of contract clauses in relation to KPIs and targets?
What is the significance of the wording of contract clauses in relation to KPIs and targets?
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Why must the contract be clear about whether a KPI is a target measure or a specification compliance description?
Why must the contract be clear about whether a KPI is a target measure or a specification compliance description?
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What is the primary objective of the performance management framework as a contract document?
What is the primary objective of the performance management framework as a contract document?
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Which attribute is considered much more useful than 'realistic' in the SMART model?
Which attribute is considered much more useful than 'realistic' in the SMART model?
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What should negotiators be informed by when setting targets?
What should negotiators be informed by when setting targets?
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What should be considered when setting achievable targets?
What should be considered when setting achievable targets?
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What should specific targets be characterized by?
What should specific targets be characterized by?
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What must time-bound targets have?
What must time-bound targets have?
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What should measurable targets be capable of?
What should measurable targets be capable of?
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What should relevant targets relate to?
What should relevant targets relate to?
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What is the purpose of setting targets in performance management?
What is the purpose of setting targets in performance management?
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What is the role of negotiation in setting targets?
What is the role of negotiation in setting targets?
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What should negotiators consider when setting targets?
What should negotiators consider when setting targets?
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How should achievable targets be balanced?
How should achievable targets be balanced?
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What should specific targets be aligned with?
What should specific targets be aligned with?
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What does tolerating a risk mean in risk management?
What does tolerating a risk mean in risk management?
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What is the primary purpose of designing early warning indicators (EWIs) in risk management?
What is the primary purpose of designing early warning indicators (EWIs) in risk management?
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What is the focus of designing trigger events in risk management?
What is the focus of designing trigger events in risk management?
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What is the purpose of compiling and agreeing on the risk register in risk management?
What is the purpose of compiling and agreeing on the risk register in risk management?
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When should risk monitoring and response activities be included in contract review meetings?
When should risk monitoring and response activities be included in contract review meetings?
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What should the risk register be open to based on internal and external events in the purchasing and supply market?
What should the risk register be open to based on internal and external events in the purchasing and supply market?
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What does transferring a risk involve in risk management?
What does transferring a risk involve in risk management?
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What is the implementation of initial risk management response based on in risk management?
What is the implementation of initial risk management response based on in risk management?
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What is the primary purpose of the risk register in risk management?
What is the primary purpose of the risk register in risk management?
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What is the significance of monitoring the risk environment and responding to EWIs and triggers in risk management?
What is the significance of monitoring the risk environment and responding to EWIs and triggers in risk management?
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What should risk monitoring and response activities be open to in risk management?
What should risk monitoring and response activities be open to in risk management?
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What is the requirement for the risk register in risk management?
What is the requirement for the risk register in risk management?
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Which team may need to be involved in managing data management risks?
Which team may need to be involved in managing data management risks?
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What does the provision of personal data in the EU include?
What does the provision of personal data in the EU include?
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Who is familiar with legal judgements impacting the likely impact of scenarios?
Who is familiar with legal judgements impacting the likely impact of scenarios?
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What does the evaluation map in risk management map?
What does the evaluation map in risk management map?
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What do INCOTERMS establish rules for?
What do INCOTERMS establish rules for?
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What are the responses for dealing with risk in risk management?
What are the responses for dealing with risk in risk management?
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What may the ability to manage risk vary between in contractual risks?
What may the ability to manage risk vary between in contractual risks?
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What does the initial risk management response involve?
What does the initial risk management response involve?
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What is important to consider regarding preferred risk ownership options?
What is important to consider regarding preferred risk ownership options?
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What does the 2 * 2 grid in risk evaluation map?
What does the 2 * 2 grid in risk evaluation map?
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What do INCOTERMS establish rules for?
What do INCOTERMS establish rules for?
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What is involved in identifying risks in risk management?
What is involved in identifying risks in risk management?
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What are the three key components of risk management?
What are the three key components of risk management?
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What is the purpose of a 'contract risk register'?
What is the purpose of a 'contract risk register'?
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Who should be involved in risk mapping and risk management?
Who should be involved in risk mapping and risk management?
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What is the primary focus of the 'five whys' approach?
What is the primary focus of the 'five whys' approach?
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What is the purpose of holding more stock to guard against delivery delays?
What is the purpose of holding more stock to guard against delivery delays?
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What is the purpose of spreading the supply requirement among several suppliers?
What is the purpose of spreading the supply requirement among several suppliers?
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What is the potential drawback of incentive schemes in contracts?
What is the potential drawback of incentive schemes in contracts?
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What does risk management comprise?
What does risk management comprise?
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What is the purpose of risk registers?
What is the purpose of risk registers?
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What is the primary focus of risk mapping and risk management?
What is the primary focus of risk mapping and risk management?
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What is the potential drawback of bonus systems in contracts?
What is the potential drawback of bonus systems in contracts?
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What is the purpose of holding more stock to guard against delivery delays?
What is the purpose of holding more stock to guard against delivery delays?
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What does risk mapping involve?
What does risk mapping involve?
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What is the primary focus of risk management?
What is the primary focus of risk management?
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Why is it crucial to involve both internal and external stakeholders in risk mapping and risk management?
Why is it crucial to involve both internal and external stakeholders in risk mapping and risk management?
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What is the potential consequence of carrying out risk management in isolation by the procurement team?
What is the potential consequence of carrying out risk management in isolation by the procurement team?
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What is the primary purpose of setting achievable targets in contract management?
What is the primary purpose of setting achievable targets in contract management?
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Why should targets be reviewed annually and revised if necessary?
Why should targets be reviewed annually and revised if necessary?
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What may be needed to revise targets in contract management?
What may be needed to revise targets in contract management?
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What can be done to address underperformance in contracts?
What can be done to address underperformance in contracts?
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What do mitigating actions to protect against underperformance come with?
What do mitigating actions to protect against underperformance come with?
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What is the primary focus of risk management in relation to contractual risk?
What is the primary focus of risk management in relation to contractual risk?
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What is the purpose of risk management in relation to contractual risk?
What is the purpose of risk management in relation to contractual risk?
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What does risk management involve in terms of regular activities?
What does risk management involve in terms of regular activities?
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Which category of risk includes risks related to events beyond the control of the parties involved in the contract?
Which category of risk includes risks related to events beyond the control of the parties involved in the contract?
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In what way does the categorization of risks help risk evaluators?
In what way does the categorization of risks help risk evaluators?
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What is the purpose of categorizing risks based on the impact category?
What is the purpose of categorizing risks based on the impact category?
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Why might a given risk easily fit into more than one source category?
Why might a given risk easily fit into more than one source category?
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What is the purpose of risk evaluation in contract management?
What is the purpose of risk evaluation in contract management?
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What do INCOTERMS establish rules for in contract management?
What do INCOTERMS establish rules for in contract management?
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What are the responses for dealing with risks in contract management?
What are the responses for dealing with risks in contract management?
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What does the initial risk management response involve in contract management?
What does the initial risk management response involve in contract management?
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What determines risk levels in contract management?
What determines risk levels in contract management?
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What do INCOTERMS establish rules for in contract management?
What do INCOTERMS establish rules for in contract management?
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What is important to consider when dealing with risk ownership options in contract management?
What is important to consider when dealing with risk ownership options in contract management?
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What is the purpose of identifying risks in contract management?
What is the purpose of identifying risks in contract management?
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Who are familiar with legal judgements impacting the likely impact of scenarios in contract management?
Who are familiar with legal judgements impacting the likely impact of scenarios in contract management?
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What is involved in managing contractual risks in contract management?
What is involved in managing contractual risks in contract management?
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What is the primary purpose of stakeholder involvement in risk management in contract management?
What is the primary purpose of stakeholder involvement in risk management in contract management?
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What are the management options for external market risks?
What are the management options for external market risks?
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What should KPIs be according to the text?
What should KPIs be according to the text?
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When are penalty clauses acceptable in contracts?
When are penalty clauses acceptable in contracts?
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What does cost management include?
What does cost management include?
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What are the responses for dealing with risk in risk management?
What are the responses for dealing with risk in risk management?
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What does data used in procurement contracts measure?
What does data used in procurement contracts measure?
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What are the types of risks in procurement contracts?
What are the types of risks in procurement contracts?
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What do KPIs in procurement contracts need to be?
What do KPIs in procurement contracts need to be?
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What is the focus of risk management in procurement contracts?
What is the focus of risk management in procurement contracts?
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What are the six ways to deal with underperformance in procurement contracts?
What are the six ways to deal with underperformance in procurement contracts?
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What should be done with force majeure risks in procurement contracts?
What should be done with force majeure risks in procurement contracts?
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What is involved in managing financial risks in procurement contracts?
What is involved in managing financial risks in procurement contracts?
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What can lead to reputational damage in procurement?
What can lead to reputational damage in procurement?
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What can result in financial, legal, and operational implications in procurement?
What can result in financial, legal, and operational implications in procurement?
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What can reduce the risk of financial loss due to fraud in procurement?
What can reduce the risk of financial loss due to fraud in procurement?
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What can cause erosion of customer base or withdrawal of investment in procurement?
What can cause erosion of customer base or withdrawal of investment in procurement?
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What can result in financial and operational impacts on procurement?
What can result in financial and operational impacts on procurement?
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What can lead to financial and operational challenges in procurement?
What can lead to financial and operational challenges in procurement?
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What can undermine legitimate contracts and result in higher costs in procurement?
What can undermine legitimate contracts and result in higher costs in procurement?
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What can result in financial, legal, and reputational consequences in procurement?
What can result in financial, legal, and reputational consequences in procurement?
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What can have financial loss due to fraud in procurement?
What can have financial loss due to fraud in procurement?
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What can have financial and operational implications due to ceasing to be profitable for the supplier in procurement?
What can have financial and operational implications due to ceasing to be profitable for the supplier in procurement?
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What can result in legal, financial, and operational implications in procurement?
What can result in legal, financial, and operational implications in procurement?
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What can result in financial loss due to fraud in procurement?
What can result in financial loss due to fraud in procurement?
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What is the primary focus of risk categorization in construction risk management?
What is the primary focus of risk categorization in construction risk management?
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What are specific risks to consider in construction risk management?
What are specific risks to consider in construction risk management?
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What are management options for contract terms issues in construction risk management?
What are management options for contract terms issues in construction risk management?
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How can the risk of late delivery of goods or services be managed in construction risk management?
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What strategies can be employed to manage the risk of supplier collapse in construction risk management?
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How can the risk of inferior quality/non-compliance with specifications be mitigated in construction risk management?
How can the risk of inferior quality/non-compliance with specifications be mitigated in construction risk management?
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What is the purpose of spreading the load in managing the risk of supplier collapse in construction risk management?
What is the purpose of spreading the load in managing the risk of supplier collapse in construction risk management?
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How can the risk of late delivery be managed in construction risk management?
How can the risk of late delivery be managed in construction risk management?
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What is the primary focus of risk management in construction?
What is the primary focus of risk management in construction?
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What is the primary purpose of credit checks in managing the risk of supplier collapse in construction risk management?
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What is the significance of introducing insolvency insurance in managing the risk of supplier collapse in construction risk management?
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What is the purpose of the 'five whys' questioning approach in construction risk management?
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What is the tax implication of penalty clauses in contracts?
What is the tax implication of penalty clauses in contracts?
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What is the purpose of gain share provisions in contracts?
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What is the primary focus of quality performance KPIs in contracts?
What is the primary focus of quality performance KPIs in contracts?
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What is the recommended characteristic of KPIs according to the text?
What is the recommended characteristic of KPIs according to the text?
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What is the importance of considering the realism of measuring KPIs?
What is the importance of considering the realism of measuring KPIs?
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What is the potential consequence of using a long list of 25 separate KPIs on any one contract?
What is the potential consequence of using a long list of 25 separate KPIs on any one contract?
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What is the potential drawback of incentive or bonus payment structures in contracts?
What is the potential drawback of incentive or bonus payment structures in contracts?
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What do advocates of incentive schemes often overlook?
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What is the potential consequence of bonus systems in contracts?
What is the potential consequence of bonus systems in contracts?
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What is the purpose of using Key Performance Indicators (KPIs) in contracts?
What is the purpose of using Key Performance Indicators (KPIs) in contracts?
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Study Notes
Performance Management and Addressing Underperformance in Contracts
- Data collection and analysis have an opportunity cost, and the level of analysis should be proportionate to the contract's value and risks.
- In performance management, data analysis should be done regularly and quickly to inform ongoing conversations between the supplier and purchaser.
- Actions to address underperformance depend on the category, nature, degree, impact, and possible causes and mitigating factors of the underperformance.
- The first step in addressing underperformance is to consider the issues and options, including talking to the supplier, issuing deficiency notices, and exploring root causes.
- A deficiency notice formally records underperformance, prompting the supplier into action within a fixed period of time.
- An improvement notice sets out objectives to bring performance back within required levels without specifying how, requiring the supplier to submit an action plan for approval.
- A remedial action notice sets out exactly what action must be taken to remedy underperformance.
- The decision to use an improvement notice or a remedial action notice depends on the nature of the solution required.
- The contract should permit the purchaser to use alternative suppliers if the contracted supplier fails to perform, with clearly defined circumstances and consequences.
- Penalty clauses, service credit regime, and liquidated damages clauses in the contract should be used according to the process requirements.
- Any deductions made for poor performance can potentially be released later if the matter is subject to commercial negotiation.
- The final sanction for poor performance may be termination of the contract, depending on the nature of the performance.
Improving Delivery Output and the Role of KPIs
- Addressing delivery problems by increasing resource input is a strategy to improve delivery output.
- Possible outcomes of increasing resource input include improved delivery output, but there are also potential negative effects on delivery quality.
- The best use of Key Performance Indicator (KPI) information involves cooperation between purchaser and supplier to determine the root cause of underperformance and how to fix it.
- The relationship between purchaser and supplier can impact the effectiveness of addressing underperformance through KPIs.
- Root-cause analysis is the most important component of performance management and seeks to understand the reasons for a situation's existence.
- The "five whys" approach, created by Japanese industrial engineer Taiichi Ono, involves asking "why" multiple times to get to the root cause of a problem.
- The "five whys" approach may require more or fewer than five levels of questioning to uncover the root cause.
- The goal of the "five whys" approach is to address the problem within the scope of those trying to solve it.
- The "five whys" approach was originally illustrated with an example involving a robot's circuit overload and the lack of a pump filter.
- The focus of the "five whys" approach is to address the problem within the capabilities of those involved in solving it.
- The text emphasizes that throwing money at a problem can only be a solution if it is directed at the right part of the problem.
- KPIs are measures and indicators of performance, and the best use of KPI information involves identifying the root cause of underperformance and cooperating to address it.
Understanding Performance Clauses and Key Performance Indicators (KPIs) in Contracts
- Penalty clauses may require the invoice to state that full payment will not be made and explain why, when a deduction is to be made
- Tax implications of penalty clauses: the penalty is imposed against the supplier, not the government, so any tax due on the invoice still needs to be paid
- Incentive clauses offer bonuses for exceeding agreed Key Performance Indicators (KPIs), but views on their value are mixed
- Incentive or bonus payment structures in contracts may lead to unrealistic performance expectations and budget implications for the purchaser
- Bonus systems may reward the supplier at the expense of the purchaser, unless carefully set to ensure the purchaser gains more from improved delivery
- Advocates of incentive schemes often overlook that the supplier already gains by performing more efficiently, releasing resources for other projects
- Gain share provisions offer a way to share added value of improved performance, protecting the purchaser from making bonus payments that do not benefit them
- The use of Key Performance Indicators (KPIs) in contracts is essential for measuring supplier performance
- Quality performance KPIs cover delivery times, conformance to specification, compliance with legislation, and risk management
- KPIs should be SMART (Specific, Measurable, Achievable, Relevant, Time-bound) and realistic to use as a measure
- It is important to consider how realistic it is to measure KPIs and whether the data is readily available or needs to be created for this purpose
- A long list of 25 separate KPIs is provided as examples, but it would not be sensible to use all of them on any one contract
Setting SMART Targets in Performance Management
- SMART is an acronym used to describe targets in various contexts, including purchasing and supply, personnel management, personal development, and sports.
- SMART stands for Specific, Measurable, Achievable, Relevant, and Time-bound.
- Specific targets must be clearly defined, such as a specific number of missed delivery dates or a percentage of on-time deliveries.
- Measurable targets should be capable of being measured, even if it involves measuring user perception.
- Achievable targets should drive performance and strike a balance between being too easy or too difficult to achieve.
- Relevant targets must relate to something that matters and have an impact on overall performance.
- Time-bound targets have a specified time period within which the relevant level must be achieved.
- Some SMART models suggest that 'R' stands for realistic, but 'Relevance' is considered a much more useful attribute.
- Setting targets involves negotiation, with buying-side stakeholders having an interest in setting targets as high as possible and supply-side stakeholders aiming for lower targets.
- Negotiation should be informed by information such as current service levels, desired improvements, cost impact, and potential benefits to the business.
- It is important to consider the impact of achieving improvements, including reputational enhancement, projected sales increase, or cost savings.
- Knowledge of current service levels, desired improvements, and potential cost impact can inform the negotiation approach.
Risk Management in Contracting
- Terminating a risk involves removing it by changing processes, contractual relationships, or stopping the activity causing the risk.
- Three ways to treat risks: reducing likelihood of occurrence, mitigating impact, or sharing the risk with all parties involved.
- Transferring a risk involves taking out insurance cover to shift the risk to an external party.
- Tolerating a risk means accepting it, but may still require an event-response plan if the risk materializes.
- Implementation of initial risk management response is done after identifying risks, their scale, and owners.
- Designing early warning indicators (EWIs) involves creating events or data that suggest potential issues and require associated actions.
- Designing trigger events is focused on what needs to be monitored and what actions are needed in response to the triggers.
- Compiling and agreeing on the risk register involves activities with procurement professionals, stakeholders, and suppliers.
- The risk register, designed by the procurement professional, becomes a living document that evolves during the contract's life.
- Monitoring the risk environment and responding to EWIs and triggers are closely interlinked and require ongoing contract management.
- Risk monitoring and response activities should be a standing agenda item at contract review meetings and open to ad hoc review.
- The risk register must be reviewed regularly and be open to changes based on internal and external events in the purchasing and supply market.
Contractual Risk Management and Mitigation Strategies
- Setting achievable targets is crucial for contract success
- Targets should be reviewed annually and revised if necessary
- Negotiation with suppliers may be needed to revise targets
- Underperformance can be addressed through various actions, including termination of the contract
- Mitigating actions can be taken to protect against underperformance, but they come with costs
- Contractual risk involves risks to the contract and risks arising from the contract's operation
- Risk management includes identification, evaluation, and response
- Risk mapping involves identifying risks, evaluating likelihood and impact, and identifying risk owners
- Risk management involves regular monitoring and responding to early warning indicators
- Involvement of both internal and external stakeholders is crucial in risk mapping and risk management
- Different stakeholders may have different viewpoints and may identify different risks
- Risk management should not be carried out in isolation by the procurement team, but should include various stakeholders
Risk Management Approaches in Construction
- Risk management involves identifying areas in need of review and potential weaknesses within an organization.
- A construction site fire led to the partial collapse of a new housing development, caused by inadequate post-incident health and safety checks.
- Risk categorization involves considering sources (performance, organizational, market) and impacts (physical, reputational, legal, financial) of risks.
- Risk categorization prompts an Ishikawa fishbone approach and a five-why questioning approach.
- Specific risks to consider in construction include contract terms issues and supplier issues.
- Contract terms issues include formalizing contracts, accidents in contract delivery, and enforceability of contract remedies.
- Management options for contract terms issues include design out, reduce, mitigate, and transfer strategies.
- Supplier issues involve supplier collapse, late delivery of goods or services, and inferior quality/non-compliance with specifications.
- Management options for supplier issues include reduce, mitigate, and transfer strategies.
- Strategies for supplier collapse include credit checks, spreading the load, introducing insolvency insurance, and parent-company guarantees.
- Late delivery risk can be managed through managing contracts from the outset and introducing damages or penalty clauses.
- Inferior quality/non-compliance risk can be mitigated by implementing warranties, fit-for-purpose clauses, service credits, and internal quality control.
Understanding Performance Clauses and Key Performance Indicators (KPIs) in Contracts
- Penalty clauses may require the invoice to state that full payment will not be made and explain why, when a deduction is to be made
- Tax implications of penalty clauses: the penalty is imposed against the supplier, not the government, so any tax due on the invoice still needs to be paid
- Incentive clauses offer bonuses for exceeding agreed Key Performance Indicators (KPIs), but views on their value are mixed
- Incentive or bonus payment structures in contracts may lead to unrealistic performance expectations and budget implications for the purchaser
- Bonus systems may reward the supplier at the expense of the purchaser, unless carefully set to ensure the purchaser gains more from improved delivery
- Advocates of incentive schemes often overlook that the supplier already gains by performing more efficiently, releasing resources for other projects
- Gain share provisions offer a way to share added value of improved performance, protecting the purchaser from making bonus payments that do not benefit them
- The use of Key Performance Indicators (KPIs) in contracts is essential for measuring supplier performance
- Quality performance KPIs cover delivery times, conformance to specification, compliance with legislation, and risk management
- KPIs should be SMART (Specific, Measurable, Achievable, Relevant, Time-bound) and realistic to use as a measure
- It is important to consider how realistic it is to measure KPIs and whether the data is readily available or needs to be created for this purpose
- A long list of 25 separate KPIs is provided as examples, but it would not be sensible to use all of them on any one contract
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Test your knowledge of performance management and data analysis in procurement with this quiz. Explore topics such as data collection methods, quantitative and qualitative data analysis, addressing underperformance in contracts, and the use of penalty clauses and termination options.