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(Solution) CIPS Module 3 Concept of the “Battle of the Forms”

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Battle of the forms concept in contracts management is noted to “occur when organisations and a supplier having their unique terms and conditions which are different in various clauses” (Lexis, 2024). A case study organisation is provided in the CIPS Module notes of a negotiation and procurement relationship involving Butler Machine and Ex-Cell 0 which happened in 1979. A common agreement was made for supply of machines using the supplier standard teams. The area of misunderstanding in the contract was in regard to honouring the costs where the conflict headed upto court of law successfully. In managing the battle of the forms, the contract terms and conditions note that;

The terms and conditions highlight that being the buyer, ROSHN is at all times ready in managing any instance where the suppliers fails in embracing the contract terms and conditions. This is by understanding the role of the terms and conditions and align their PS&M in line with these terms and conditions.

Further, for ROSHN terms and conditions which are in place and actively being used, their management is best achieved by aligning this with KSA laws and all stakeholde3rs relations. The rationale of this us to make sure any conflict which emerge are through coordination successfully managed. At the stage of implementing the contract successfully, terms and conditions are prioritised with purchase order which highlight the entire requir3ements to be put into account. At the implementation of the contract stage, all the terms and conditions are in mutual agreement and understanding for all stakeholders positive relations.  Hence, the contracts are successfully harmonised with any misunderstanding successfully managed to the benefit of the buyer and all the other stakeholders with success.

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For this module “Global Strategic Supply Chain Management”, assessment, a business report which evaluate global strategic approach for management of organisation supply chain has been developed. This has been achieved by evaluating impact of market changes on supply chain, sustainable global sourcing decisions, strategic logistical implications of globalisations, and impact of supply chain management on corporate performance. The organisation of focus is Hertfordshire and West Essex (H&WE) NHS Procurement Services with provision of laptops and computers hardware for entire 5 trusts category of spend. Key findings have been obtained in this report based on analysed data, desk research, facts and CIPS Models and tools (Porter’s 5 Forces, SWOT and STEEPLED analysis and more). One of the main findings is that H&WE does not have a structured supply chain. This is despite of existence of several tiers in the sourcing process of laptops and computers hardware. Another finding is that different factors including social, technology, economy, environment, politics, legal and demographics impact supply chain of H&WE. For sustainable global sourcing decisions, the key findings indicate H&WE as prioritising on 3P’s triple bottom-line of procurement. This is by focusing on Profit, Planet and People. The strategic logistical implications of globalisation main findings include different strategic considerations, logistical risks and opportunities. The final key findings is that supply chain management has a direct implication on corporate performance. From the conclusions of this report, a set of recommendations have been generated which include;
  • For supply chain sustainable development, include collaboration, networks improvement and innovativeness
  • PS&M in H&WE facilitate L&D opportunities for enhancing ability for supply chain development process
  • Improve all stakeholders relations in supply chain for management of different conflicts in their operations
  • To develop a well-structured supply chain which is currently lacking in H&WE for management of supply chain risks and performance level challenges