Category Archives: Procurement Damnation

Geopolitical Sustentation 28: Customs Acts

As per our damnation post, customs is the agency, authority, or regulatory body in a country that is responsible for collecting tariffs on, and controlling the flow of goods in, and out, of the country. Customs is necessary, not just for keeping borders safe (which is often the rationale for their existence these days), but for keeping economies running. Customs levies are not only one of the oldest types of tax, but the foundation for the revenue engines necessary to keep most governments running.

Nor is there anything wrong with, or damning about, creating regulations and acts that clearly define the purpose of a customs agency, the authority it has, the documentation it requires, the taxes that can be levied, and the penalties it can apply for non-compliance. The damnation comes into play when the number of sheets of paper required to capture the rules, regulations, and constant updates to the regulations exceed the quantity of goods flowing into, and out of, a country. For example, in the US, an average importer/exporter has to be fully knowledgeable of half-a-dozen multiple-binder-thick acts as well as a dozen or so global acts. It really is damnation to the power of 100.

So what is Procurement to do?

1. Global Trade Document Management Solutions

That can not only help you with the (e-)paperwork and the e-filing, but also help you identify the acts you have to adhere to, the forms that need to be filed, and the times by which they need to be filed. Some have to be filed before you hit the port, and others before you even leave the port of origin.

2. Customs and Trade Act Monitoring

As per our post on Environmental Sustentation 15, Waste, RoHS, and WEEE, the last thing you want to do is become aware of a new act the day it comes into effect. By the time it is signed into law, even if there is a six month grace period before its enacted, that’s too late. You want to know about a piece of proposed legislation the moment it gets released for public presentation or, if it was drafted in private, the first time it gets red in a regulatory body. A good monitoring solution will not only let you know when acts are updated, but when news is made, you need to know.

3. FTZ Mastery

A FTZ, short for Free Trade Zone, is a zone that allows you to ship goods through country X on their way for sale in country Y without having to pay import taxes or that allows you to delay imports until the goods or materials are actually needed. This can be a blessing to an organization with a tight cash-flow. But more importantly, if country X all of a sudden bans your product or a material in your product, it gives you a way to get your product out of the country and into another where it is not banned, which is much better than having it seized and destroyed on import.

4. State-of-the-Art Logistics Management Platform

If, all of a sudden, due to strikes, trade embargoes, or new legislation that makes your product, or a component, illegal, you have to re-route a shipment in real time, you need a state-of-the-art logistics management platform that will let you identify an alternate route and accomplish the re-routing.

5. Multiple Manufacturing Locations

If something happens and you can’t export or import, and you still need to get a good to market, if you have a local manufacturing location that you can rev up, there’s no better way to meet a need that cannot be otherwise met.

6. Standardize its Design and Cost Structures to the highest common denominator

While it might be cheaper to manufacture different versions of a product for different markets, using the cheapest formulation possible that will get a product through customs, if a company manufacturers to the highest common denominator, and the good meets the regulatory requirements of a number of countries, and one market becomes unavailable, the good is easily redirected to a different market. This is a good lesson for automotive, where each state and province can have different requirements, as inventory can be quickly shifted as consumer preferences change.

Environmental Sustentation 15: Waste, RoHS, & WEEE

As per our damnation post, waste, dangerous chemicals, and unnecessary disposal is bad and legislation that requires waste to be minimized, dangerous chemicals to be avoided, and perfectly good materials to be reclaimed is good — unless new legislation comes in faster than your supply chain can keep up.

And while the US may not be as advanced as the EU in terms of legislation to this effect, some states, like California, are making a push for a plethora of new legislation and some countries, once expected to be behind the times in such legislation, are now attempting to lead the way (like India and China which are considering much more restrictive environmental legislation akin to European RoHS than one ever thought they would consider).

More legislation is coming, and your product supply chains are going to be hit hard if you are unprepared. Getting a good bill of materials system in place, a better trade document management system, and an online collaborative design solution, as discussed in our damnation post, is a good start, but it’s not enough. In addition to the basics, in order to maintain compliance with the ever increasing amount to environmental legislation in effect, and coming into effect, around the globe, the organization also needs:

1. Drill-down Bill of Materials Capability

A complete bill of materials is a good start, but many items will be components, made of subcomponents, each of which uses a number of sub-subcomponents and raw materials. Complete drill down visibility is needed to ensure 100% compliance with environmental legislation.

2. Regulatory Compliance Monitoring (by product by country)

So that the organization knows at all times the requirements for each product by country as well as any restrictions or bans for each component or raw material by country.

3. CSR Monitoring

This is the best way to get early warning of current issues and future legislation coming down the pipe. You don’t want to know about a new piece of legislation that is going to require a partial (or complete) raw material formulation the day after it is signed into law, which could only give you a few months to get in compliance, but the day it is first drafted and released for public consultation (or, if drafted in private, first brought to a legislative body for review). To stay ahead of the game, you have to get ahead of the pack.

4. Design for Sustainability

All new designs should not only use as few hazardous or restricted substances as possible, but should also use as many renewable, or at least abundant, resources as possible. Sustainability is the name of the game, as environmental sustainability is becoming a key component of business sustainability.

5. Design for Reclamation and Reuse

Metals and rare earth minerals are becoming in increasingly short supply, but, when a product is appropriately designed, becoming increasingly easier to reclaim. Plus, in many complex systems, not all parts wear out at the same rates, and if the system is designed for component-based upgrades, it can be used, and re-used, for a much longer lifespan. (The same way that servers designed for memory, storage, and processor upgrades can be used twice as long as integrated laptops.) Or, components with a significant life-span left, can be easily extracted and re-used in refurbished systems.

This is not necessarily everything that can be done, but it’s a great start, and when you get there, you will be considerably in the lead.

Economic Sustentation 09: Oil & Gas Price Shocks

For the last twenty (20) years or so the West Texas Intermediate Crude Oil Price chart has been bouncing up and down like a yo-yo in the hands of a novice who doesn’t know how to work it, but doesn’t stop trying. And any other chart you pull up for international oil and natural gas prices is going to look similar. In other words, as we stated in our damnation post, within a one-year period, prices can double or be cut in half with little or no warning. And either situation will run havoc with your supply chain.

If prices double seemingly overnight, your costs are going up — way up. If you have a contract, you might be able to insist that your supplier absorb the increase since they were, at signing, charging you higher than market cost since they were taking a risk over a predefined period. But, at some point, their margins go to zero, and soon after that, the supplier is not going to put up with it anymore, especially if they are struggling financially. Then the shipments stop.

But it’s not much better when prices drop. While the first to cry foul when prices rise, suppliers are the last to play fair when the prices drop. Arguments that the deal was so good they were losing money on delivery, arguments of higher overhead costs, and arguments of temporary blips are brought to the table whenever you ask for a price concession, even if the contract guarantees you one.

So what can you do?

1. Tie Prices to an Index – Updated Daily, Averaged Weekly or Monthly

Base the contract on index prices, averaged weekly or monthly, and tie the price to that cost on the purchase order date. You’ll pay more if prices rise quickly, but you’ll also pay less when prices fall faster than expected. Then, you can simply acquire good prediction algorithms that have performed well over the long term, and plan for the shocks and not waste time arguing when they happen, leading to much more cordial relationships that can be focussed on service and customer service.

2. Master Predictive Analytics

Don’t just acquire an algorithm, understand it, and run models with slight market changes to see how oil prices shift when other correlated indicators shift. Get better than the competition and over the course of years, you will always, always, always come out ahead.

OR, if this is too mathematically advanced for you, and you are willing to accept sub-optimal outcomes (which will still be better than what you get now)

A. Always Lock Prices in for the Long Term.

So the cost stays the same unless a ceiling or floor, defined as a price percentage, is met. If the average price over a month goes up or down more than, say, 10%, then the price shifts by a fixed percentages, such as half of that. In addition, negotiate for clauses that allow the organization to auto-renew automatically at the current price at an time in the last six months, for the same time-frame.

B. Make sure the ceiling and floor shifts with every price change.

While the cost shift will be absolute, the price should only change every time the price changes by more than a fixed percentage from the price being paid, not the locked-in price.

C. Reduce Oil and Natural Gas Dependence.

Invest in renewable power sources such as solar, hydro, and geothermal so that, over time, you become less dependent on oil and natural gas and the price uncertainty they bring.

Economic Sustentation 06: Preparing for the Corporate Takeover

As per our economic damnation post, sometimes it is not only the case that bigger is not better, but also that bigger takes a bigger bite out of the limited pot that you have to work with.

To point this out, we reviewed two of the big examples of anti-scale that are often mistaken for economies of scale: energy and short-term contingent labour. Since most energy plants still rely on coal, oil, and natural gas, energy costs are ultimately dependent on the unpredictable prices for these natural resources, which depend on factors that very few governments or corporations can even influence. Similarly, if the resource skill-sets that are required are scarce, in high-demand, and there are only a few providers to choose from to begin with, the last thing you want is them consolidating and holding the power to charge as much as any one client can be convinced to pay.

But if economies of anti-scale were the only thing one had to worry about when Mega-Corps entered the picture, all would be manageable, but Mega-Corps take you out of the frying pan and dump you in the lava pit when negotiation time comes and categories that were once in your favour all of a sudden shift very fast to their favour.

So, since Corporations Will Soon Rule the World thanks to the likes of politicians like the Harperman (who made Chicago politicians look good), and bring a whole new level of damnation to your Procurement world, we need to be ready. What can you do?

1. Make sure contracts have a key survivability clause.
The contract must be enforced regardless of a change in ownership structure or assignee. Make sure that your supplier can’t have it’s contracts null and voided the date it is acquired.

2. If a M or A is expected, lock in critical supply with a long term contract.
Mergers and acquisitions increase cost, increase chaos, or increase timelines — none are good for critical, time-sensitive, sourcing projects. Be sure that if an M & A is in the works, that will affect one or more key or strategic suppliers that you depend on, that you close critical sourcing projects (well) in advance of the closing date.

3. Become a customer of choice.
Supplier sales teams fight for their customers of choice. When push comes to shove and there is not enough supply to go around, you will get it. When the parent company wants to push prices up to cover the costs of the acquisition, the sales team will look elsewhere. When you need access to innovation, they will fight to give it. But, despite many contractual claims to the contrary, very few clients are actually customers of choice.

Fortunately, it’s not that hard to be one if you really want to. Start by:

  • Paying on Time
    In an age when many organizations are trying to continually delay payments, paying on time sends a strong message.
  • Solving Problems Constructively
    Everyone has problems, including your suppliers, and everyone screws up – but if you approach seeking a solution, versus a penalty and retribution, they will favour you over others.
  • Improving Their Efficiency
    Help them help you, and do it in a way that helps them help everyone, and they will fight to keep you as you deliver value, versus just revenue.
  • Helping Them Innovate
    We all want innovative suppliers, but have you ever thought about what your suppliers want? The smart ones want innovative customers who will help them innovate, and not worry about whether they own the rights or not. A supplier that sees you as a customer of choice will always give you first access.

Consumer Sustentation #71: Government

As per our damnation post, everyone, or at least everyone in sales, wants the government as a customer because once you’re in, you’re in, and it’s almost impossible to get thrown out unless you do something really, really egregious because the process to replace you is so long, arduous, and painstaking that no one wants to do it, especially since management will likely change half-way through the process and put all projects on hold until a new assessment is done. They sign the contract, sit back, and rake in the commission year-after-year as the evergreen renewals keep coming in.

But Procurement doesn’t have it so rosy. Not only can government customers be very demanding, and require you to work extensively with Engineering, Manufacturing, IT, and the Supply Chain to design custom solutions to meet their needs, but they can be quick to pass on the blame to your company even if it’s not your fault. Plus, now many government agencies mandate that you provide bill of material data, shipping manifests, country of origin determinations, quality inspections, and other information with every product that you provide the government so they can meet their accountability mandates. And if that’s not enough, if the government runs out of budget and can’t get agreement to run a deficit, there can be an indefinite spending freeze while the situation is resolved.

Governments can be your organization’s best and worst customer and Supply Management’s biggest point of leverage and largest risk. So what can you, as a Procurement organization, do?

1) Regulatory Compliance

It is critical that you can show you were in full compliance with all of the requirements when you bid, when you signed the contract, and when you delivered the goods and services — at any time. The day after signing. The year after signing. Two years after delivering the last product. You never know when someone is going to rain down fire upon you to deflect the blame from themselves.

2) CRM and Communication Management

Make sure all interactions and communications with the government customer are logged, project and changed plans signed off on by the appropriate authority, and full audit trails always accessible. This is the key to good relations and problem avoidance.

3) Complete Supply Chain Visibility

The key is to always know:

a) what comes from where, all the way down through the components and sub-components down to the raw material (for labelling and country of origin)
b) CSR and Sustainability monitoring for all suppliers in the government product supply chains so that you can insure you are always in compliance to the best of your ability

4) SCF: Supply Chain Finance

Your suppliers need cashflow, so be sure to do your best to arrange Supply Chain Finance / invoice factoring that they can take advantage of any time that they need it.

5) Contract Completeness

Be sure to have any services you deliver deemed as “essential” in the contract as many spending freezes will exempt “essential” services.

And, above all, maintain good relations with the stakeholders at all times.