BIRMINGHAM CITY UNIVERSITY

FACULTY OF COMPUTING ENGINEERING AND THE BUILT ENVIRONMENT

COURSEWORK ASSIGNMENT BRIEF
ENG7146 Procurement and Contract Law

Coursework Assignment Brief

Postgraduate

Academic Year 2020-21

Module Title: Procurement and Contract Law

Module Code: ENG7146

Assessment Title: A case study analysis of JDPi Automotive manufacturer

Assessment Type CWRK Weighting: 100 %

School: School of Engineering and the Built Environment

Module Co-ordinator: JAHANGIR AKHTAR

Hand in deadline date: 12pm Mid-day on Monday 17th May 2021

Return of Feedback date 20 working days from date of submission (see Moodle for
and format details).
Re-assessment hand in 12pm Mid-day on Monday 26th July 2021
deadline date: Note: the reassessment work may be different.
Support available for
Timetabled revisions sessions will be arranged for the period
students required to
immediately preceding the hand in date
submit a re-assessment:
At the first assessment attempt, the full range of marks is
NOTE: available. At the re-assessment attempt the mark is capped
and the maximum mark that can be achieved is 50%.
Assessment Summary For the given scenario, you will evaluate with reference to
law and legal aspects, the challenges faced by JDPi
automotive manufacturer and their respective supplier for
the project in question.
Once the evaluation is complete, you should be able to
suggest appropriate measures to resolve existing challenges
and mitigation, for successful completion of the project and
organisational success.
3000 word Report

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IMPORTANT STATEMENTS

Standard Postgraduate Regulations

Your studies will be governed by the BCU Academic Regulations on Assessment, Progression and
Awards. Copies of regulations can be found at https://www.bcu.ac.uk/student-info/student-
contract

For courses accredited by professional bodies such as the IET (Institution of Engineering and
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The basic principles are:

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assignment brief and failure to comply with these submission requirements will result in work not
being marked. You must retain a copy of all electronic work you have submitted and re-submit if
requested.
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Learning Outcomes to be Assessed:

1 Evaluate common challenges faced by procurement and supply chain managers

and how to overcome them.

2 Appraise main contracting issues and the legal implications for major
programmes and projects for successful completion.

3 Critique the main legal issues that relate to the formation of relationships in
supply
Chains.

Assessment Details:

Title: Report for the given scenario

Style: Report

Rationale: To gain an understanding of law and legal aspects, the challenges faced by
organisations and their respective supplier in procurement and supply chain management.

Description: JDPi Automotive Manufacturer

JDPi is an automotive manufacturer and it has been operating a particular IT system for the
past 5 years for some of its administration and payment arrangements. More recently
though, it has been hit by an increasing frequency of system breakdowns and consequent
periods of down-time. This has led to increasing loss of data and de-motivation of operating
staff.

JDPi has decided to replace the existing system with the latest version. A business case
was produced and approved at the appropriate levels of management. The supplier who
had sold JDPi the existing system (Capgemini UK PLC) was asked to provide a feasibility
study to assess how the system could be upgraded with a view to several objectives being
satisfied, namely:

 Significant (and measurable) improvements in its general efficiency/effectiveness

 Response times being speeded up considerably
 Integration with other IT systems operating within the company to allow for sharing of
information internally and externally with several suppliers and customers

The head of procurement, Ben Clegg, has formally stated that a competitive tendering
exercise should be done to create a competition for the new software in accordance with
JDPi’s procurement policy. A dispute between the head of human resources and Ben has
arisen as the head of human resources was unable to understand why JDPi cannot

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negotiate a deal with Capgemini UK PLC and why there is a need to delay things so that
other quotes can be received.

Ben replied that ‘It is our normal policy for purchases costing in excess of $5,000, which this
will be on a yearly basis, to run a competition between suppliers. This ensures we have a
proper, fair competition in accordance with our procedures. I will need your help in
developing a plan for sourcing this service from interested suppliers as we will need to
create appropriate selection criteria that prequalifies interested suppliers. We also need to
create award criteria as we should consider other factors in addition to the price for licensing
the software. We should then operate a competitive tendering process in our normal way
and ensure compliance with any necessary technical standards such as data protection
issues’.

The stakeholders of JDPi have indicated that they will support the new tendering exercise as
they have heard about an e-auction (reverse auction) system which is used to obtain bids on
line and believe that this could save valuable time.

Your Task
1. Discuss the benefits for JDPi of using a competitive tendering approach (as well as the
use of e-auction) to source the IT system. What common challenges faced by
procurement and supply chain managers can be overcame? What other ways/strategies
can be used to minimise those challenges? [L.O.1]

Capgemini UK PLC compiled a report basically confirming that the system could be
upgraded to meet the new requirements. JDPi then issued a formal invitation to tender for
the work involved. This invitation to tender (ITT) was issued on the basis of JDPi 'Standard
Terms for IT Services'. These included the following clauses:

JDPi
Standard Terms for IT Services

1 These terms are binding on both the Customer (JDPi and the Supplier (----) and can
only be varied with the consent of the Customer.

2 The Customer shall provide such information and facilities as the Customer
considers necessary for the Supplier to carry out the services.

3 The Customer shall be responsible for ensuring that the necessary operational and
environmental conditions are maintained for use of the System.

4 The Customer agrees to comply with all the Supplier's reasonable instructions
concerning the usage, modification, control and testing of the System in addition to
ensuring that the Customer's employees are adequately trained in the correct use of
the System.

5 The Supplier shall take reasonable care to ensure that, in the execution of the work,
which is the object of this Contract, it does not unnecessarily interfere with the
operations of the Customer, its employees or any other contractor employed by the
Customer.
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6 The Contract Charges for the Services shall be completed by the Supplier. The
Charges shall be fixed for the Term of the Contract
7 The Supplier notes that timely performance of the Services is of the essence and
warrants that the Services shall at all times be performed in a timely and professional
manner by appropriately skilled and qualified people; and
in compliance with all applicable laws, enactments, orders, regulations, standards
and other similar instruments; and in accordance with all applicable provisions hereof.
The Supplier also further warrants that it will obtain all licences, consents and permits
required to comply with such laws, enactments, regulations, standards or other
similar instruments.

8 The Supplier warrants that all software supplied and/or used in connection with the
Service shall be virus free and contained on write-protected media at the time of the
initial installation of such software or whenever any software is used by the Supplier
in the courseof the provision of the Service. Where and to the extent relevant to this
Contract and for the avoidance of doubt the installation of patches and new versions
will be treated as initial installations the first time they are installed. In the event that
the Supplier either wilfully or negligently causes or permits the introduction of a virus
into the Customer's computer network, the Supplier shall, without prejudice to any
other rights the Customer may have, be liable to the Customer for all costs, losses,
expenses and damages incurred by the Customer (including the cost of any remedial
work required) as a result of the introduction of such virus.

9 In the event that the Supplier fails to perform the Services, or any part of them, in
accordance with the Contract, and such failure is not caused by the Customer, its
employees or agents, then the Customer may elect, in addition to any other remedies
that maybe available to it either under the Contract or otherwise, one or more of the
following remedies: The Customer may require the Supplier, at the Supplier's
expense, promptly to remedy any default or re-perform any non-conforming Services,
or

10 The Service shall include advice, fault analysis, inspection, modification or

replacement and such other work as is necessary to maintain the System in good
running order.

11 The Service shall be provided in accordance with the Contract and with the care, skill
and diligence required of an expert in the performance of the Services.

12 Time is of the essence in the performance of the Services

13 The Customer may either remedy any default or re-perform any non-conforming
Services itself or have them remedied or re-performed by a third party on its behalf,
and in either case, the Supplier shall pay the reasonable costs so incurred by the
Customer.

Capgemini UK PLC produced a tender in March which detailed their solution. It 'anticipated'
a programme of 6 months duration for a cost of £750,000 based on a programme of 750
man days. Capgemini UK PLC 's tender made several modifications to JDPi 's standard
contract terms for IT services. Clauses 3, 4, 5, 8, 10, 11, 13 remained the same but the
following clauses are modified by Capgemini UK PLC :

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1 to be deleted in its entirety

2 The Customer shall provide such information, licence agreements and facilities as the
Supplier considers are necessary for the Supplier to carry out the Services

6 The Contract Charges for the Services are an estimate for the extent of work involved
for the Term of the Contract.

7 The Supplier shall use its best endeavours to achieve timely performance of the
Services and the Supplier warrants that the Services shall be performed in a timely
and professional manner by appropriately skilled and qualified people and in
compliance with all applicable laws, enactments, orders regulations, standards and
other similar instruments.

9 In the event that the Supplier be prevented from achieving the required Services by
the anticipated completion date, the Supplier can elect to charge, at the Customer's
expense, to remedy any default or non-compliance with the work or instructions or
information given.

12 The Contract Programme of six months is anticipated as adequate for the

performance of the Services.

A formal notification of contract award was issued to Capgemini UK PLC in June. It included
a reference to JDPi 's standard terms of contract for IT services. Three days later,
Capgemini UK PLC acknowledged the notification of award of contract by a letter
reproduced below: "We have pleasure in receiving your letter of confirmation dated 24th
June and confirm that work is underway on the project. We anticipate that the work will be
completed by the end of December and look forward to working with you in full cooperation
on the project. Please be assured that we will use our best endeavours to achieve the
completion date, and you will note that work is already underway. You will note that the
project is in accordance with our tender submitted to you in March."

Half way through the six months period for performance of the above contract, JDPi take the
decision to upgrade their computer operating system from the MSV3 to the X2014. The
formal business case was approved and specifications for the work to be done are now
being drawn Capgemini UK PLC has been informed of this development. However,
Capgemini UK PLC argues that this represents a significant variation to the scope of the
upgrading of the specific IT system originally contracted for. This specific admin system was
designed to operate under the system. Capgemini UK PLC argues that all the data and their
integration will need considerable re-design. It will take several additional months to realign
the admin/payment system it was upgrading with the X2014 operating system and,
therefore, the envisaged completion date of December will not now be achievable unless
JDPi agreed to increase payment by a further £100,000. After a bitter argument JDPi
reluctantly agreed to pay the increased sum in order to ensure that the job was done on
time. After completing the work on time JDPi refused to make the additional payments to
Capgemini UK PLC outside the original contractual price.
Your Task

Consider the above situation arid respond to the following issues:

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2 Whose terms and conditions govern the contract? [L.O.2]

3 What does this mean to the legal rights/obligations of JDPi? [L.O.2]

4 You are required to advise Capgemini UK PLC whether he has any rights in law to
enforce JDPi r’s promise to pay the extra £100,000. [L.O.2]

5 Examine different sourcing approaches that could be used by JDPi to more effectively
source IT systems. What legal aspects need to be considered in these supply chain
relationships? [L.O.3]

Additional information:

For advice on writing style, referencing and academic skills, please make use of the Centre
for Academic Success: https://icity.bcu.ac.uk/celt/centre-for-academic-success

Workload: 3000 word Report, consisting of the evaluation of the given scenario, and to
suggest appropriate measures to resolve existing challenges and mitigation, for successful
completion of the project and organisational success.

Notional hours that a typical student would be expected to take to pass this assignment
have been outlined as:

A 20 Credit level 7 module is Typically, 20 credits = 200Hrs.

Therefore:

Scheduled Learning = 3Hrs x 12 weeks = 36Hrs

Guided Independent Learning = 164Hrs

Transferable skills: Leadership, analytical skills, basic understanding of procurement and

contract law, tendering skills.

Marking Criteria:
The assignment will be marked to Learning Outcome 1,2 and 3.

Table of Assessment Criteria and Associated Grading Criteria

Assessment
Criteria Evaluate common Appraise main Critique the main
 challenges faced by contracting issues legal issues that
procurement and for major relate to the
supply chain managers programmes and formation of
and how to projects for relationships in
overcome them successful supply chains
completion
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Weighting: 34% of assessment
Grading Very little or nothing that
Criteria is correct and relevant
and there is no real
0 – 29% evaluation of common
challenges faced by
procurement and supply
chain managers and how
to overcome them.
30 – 39% There is some work
towards understanding of
the common challenges
faced by procurement
and supply chain
managers and how to
overcome them but
significant issues are
neglected. There are
significant errors or
misconceptions in the
report.
40 – 49% A descriptive account of
the common challenges
faced by procurement
and supply chain
managers and how to
overcome them. The
report indicates a basic
understanding but will not
have gone much beyond
this. There may well be
signs of confusion about
more complex material.
33% of assessment 33 % of assessment
Very little or nothing Very little or nothing
that is correct and that is correct and
relevant and there is evidence of the main
no real appraisal of legal issues that
main contracting relate to the
issues for major formation of
programmes and relationships in
projects for successful supply chains
Completion.
There is some work There is some work
towards towards
understanding of main understanding of the
contracting issues for main legal issues that
major programmes relate to the
and projects for formation of
successful relationships in
completion, but supply chains, but
significant issues are significant issues are
neglected. There are neglected. There are
significant errors or significant errors or
misconceptions in the misconceptions in the
report. report.
A descriptive account There is some
of main contracting critique of the main
issues for major legal issues that
programmes and relate to the
projects for successful formation of
completion without relationships in
application. The supply chains
report indicates a concepts. There may
basic understanding well be signs of
but will not have gone confusion about more
much beyond this. complex material.
There may well be
signs of confusion
about more complex
material.
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50 – 59% The report demonstrates The report The report
some familiarity as there demonstrates some demonstrates some
is an attempt to evaluate familiarity as there is familiarity as there is
common challenges an attempt to a some critique the
faced by procurement appraise main main legal issues that
and supply chain contracting issues for relate to the
managers and how to major programmes formation of
overcome them. The and projects for relationships in
presentation and successful supply chains. The
organization of the reportcompletion with some presentation and
is reasonably clear. Therejustification. The organization of the
are some signs of presentation and report is reasonably
weakness, but overall the organization of the clear. There are
grasp of the topic is report is reasonably signs of weakness,
sound. clear. There are some but overall the grasp
signs of weakness, of the topic is sound.
but overall the grasp
of the topic is sound.
60 – 69% A clear understanding A clear understanding A clear
and a thorough and a thorough understanding and
evaluation of common appraisal of main strong critique of the
challenges faced by contracting issues for main legal issues that
procurement and supply major programmes relate to the
chain managers and how and projects for formation of
to overcome them successful relationships in
presented with evidence completion with supply chains
of relevant background justification and presented with
research. There are some techniques presented evidence of relevant
elements that have been with evidence of background
overlooked. The report is relevant background research. There are
organised and written to research. There are some elements that
a reasonable standard. some elements that have been
have been overlooked. The
overlooked. The report is organised
report is organised and written to a
and written to a reasonable standard.
reasonable standard.

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70 – 79% A comprehensive and A comprehensive and There is an excellent
detailed evaluation of detailed appraisal of critique the main
common challenges main contracting legal issues that
faced by procurement issues for major relate to the
and supply chain programmes and formation of
managers and how to projects for successful relationships in
overcome them. There is completion with supply chains. There
good evidence of relevant justification and is good evidence of
background research and techniques. There is relevant background
the report displays good evidence of research and the
excellent organisational relevant background report displays
and presentational skills. research and the excellent
report displays organisational and
excellent presentational skills.
organisational and
presentational skills.
80 - 90% Outstanding evaluation of Outstanding Outstanding critique
common challenges appraisals of main of the main legal
faced by procurement contracting issues for issues that relate to
and supply chain major programmes the formation of
managers and how to and projects for relationships in
overcome them. There is successful supply chains. There
an evidence of original completion with is an evidence of
thought and the report is justification and original thought and
well organised and techniques. There is the report is well
presented and clearly an evidence of organised and
written. original thought and presented and clearly
the report is well written.
organised and
presented and clearly
written.
90 – 100% A truly outstanding report. A truly outstanding A truly outstanding
The report outcomes are report. The report report. The report
faultless, well-structured outcomes are outcomes are
and carefully and faultless, well- faultless, well-
rigorously evaluated. structured and structured and
There is a full carefully and carefully and
achievement of objectives rigorously evaluated. rigorously evaluated.
and evidence of original There is a full There is a full
thought. The work should achievement of achievement of
be of publishable quality objectives and objectives and
in a peer-reviewed evidence of original evidence of original
national conference. thought. The work thought. The work
should be of should be of
publishable quality in publishable quality in
a peer-reviewed a peer-reviewed
national conference. national conference.

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Submission Details:

Format: Word/PDF Report. Uploaded to Moodle

Regulations:

 The minimum pass mark for a module is 50%  

 Re-sit marks are capped at 50% 

Full academic regulations are available for download using the link provided above in the IMPORTANT
STATEMENTS section

Late Penalties
If you submit an assessment late at the first attempt then you will be subject to one of the
following penalties:
 
 if the submission is made between 1 and 24 hours after the published deadline the
original mark awarded will be reduced by 5%. For example, a mark of 60% will be
reduced by 3% so that the mark that the student will receive is 57%. ;
 if the submission is made between 24 hours and one week (5 working days) after
the published deadline the original mark awarded will be reduced by 10%. For
example, a mark of 60% will be reduced by 6% so that the mark the student will
receive is 54%.
 if the submission is made after 5 days following the deadline, your work will be
deemed as a fail and returned to you unmarked.

The reduction in the mark will not be applied in the following two cases:
 the mark is below the pass mark for the assessment. In this case the mark achieved
by the student will stand
 where a deduction will reduce the mark from a pass to a fail. In this case the mark
awarded will be the threshold (i.e. 50%)

Please note:
 If you submit a re-assessment late then it will be deemed as a fail and returned
to you unmarked.

Feedback:

Marks and Feedback on your work will normally be provided within 20 working days of its
submission deadline.

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Where to get help:

Students can meet with the Tutor Individually to seek clarification with regard to the
module.

Students can get additional support from the library support for searching for information
and finding academic sources. See their iCity page for more information:
http://libanswers.bcu.ac.uk/

The Centre for Academic Success offers 1:1 advice and feedback on academic writing,
referencing, study skills and maths/statistics/computing. See their iCity page for more
information: https://icity.bcu.ac.uk/celt/centre-for-academic-success

Additional assignment advice can be found here: https://libguides.bcu.ac.uk/MA

Fit to Submit:

Are you ready to submit your assignment – review this assignment brief and consider
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done everything needed.

Make sure the submissions dates and word counts are met (so you maximise your marks)
Please check your spelling, Grammar and Formatting are all correct and to an acceptable
professional standard. Make sure your files are not corrupted and the files open up in MS
(failure will result in a zero awarded)

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 Assignment Tip Sheet

Assignment Checklist
Run through this simple tick list before submitting your work!

Report
Well prepared materials make your work look more professional and easy to understand.
Item Action Done?
1 I have used the spellchecker and proofread the report correcting errors several times.
2 I have checked that all material is directly related to the assignment tasks.
3 I have checked that all the required information has been included in the report.
4 The report is professionally presented using consistent headings, fonts and layout.
5 All tables and images are numbered and captioned.
6 I have used the report structure specified in the assignment.
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Referencing and Originality

Your work will be subjected to checks to ensure it is not derivative of other works. Works found
to be derivative may leave you subject to penalties, including in extreme cases, expulsion from
the University.

Item Action Done?

1 All images and tables are fully referenced
I have not copied any material from anywhere else. All sentences have been
2
paraphrased into my own words.
3 All references appear in the references section at the end of the presentation.
4 All references are cited in the text in the form of (author,
year). See https://www.bcu.ac.uk/library/services-and-
support/referencing for more details.

5 If I have used quotes, these are fully referenced, appear in quotation marks and
form only a small part of my report.

Content
Is your work complete? Have you included all the required elements?
Item Action Done?

1 I have given an analysis of problem..

2 I have explained why I chose the strategic tools that I have used and used
references to support my decisions.

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