South Orange County Community College District’s Post

DOLUS-EVENTUALIS in PROCUREMENT CONTRACTS Dolus-eventualis, a Latin word which simply translates to ‘Conditional Intent’, is a legal concept which refers to a situation where a person foresees the possibility of their actions causing harm and accepts this outcome, even if it is not their primary intention. REAL-LIFE Example: A construction company (Procurement) and its building materials Supplier. The Supplier foresees potential delay in the delivery of building material which could lead to a breach of the contract. Scenario: Construction Company (Contractor): Hired to build a large commercial building. Supplier: Contracted to deliver high-quality steel beams essential for the construction project. Contractual Agreement: The supplier has a contract with the construction company (Procuring entity) to deliver 1000 tons of steel beams by a specified date. The contract includes clauses specifying penalties for late delivery as well as delivery of materials that do not meet the standard quality as per samples provided. Situation: The supplier, aware of ongoing issues at their steel mill, foresees a possibility that they might not meet the quality standards specified in the contract or might deliver the beams late. Despite this possibility, the supplier decides not to disclose these potential risks to the procurement entity (the construction company), hoping that the issues might be resolved in time. Outcome: The steel beams are delivered on time, but upon inspection, the construction company finds that 20% of the beams do not meet the required quality standard. This leads to delays as the construction company has to source additional steel beams that meet the specifications. Consequences: The construction company incurs extra costs due to delays and has to also pay penalties to their client for not completing the project on time. Application of Dolus Eventualis: The supplier foresaw the possibility that the steel beams might not meet the quality standards due to the ongoing issues at the steel mill. But despite this foreseen possibility, the supplier accepted the risk and proceeded without informing the construction company or taking sufficient remedial action. Legal Implications: In a legal dispute, the construction company could argue that the supplier acted with Dolus-eventualis. The supplier's foreknowledge of the potential breach and their acceptance of this risk could be seen as acting with Conditional Intent. Resulting Actions: Penalties and Damages, where the supplier might be liable for penalties, as stipulated in the contract, as well as additional damages incurred by the construction company due to the delay. In this case, Contractual Remedies would include replacement of the faulty materials, compensation for.. #DolusEventualis #ProcurementContracts #ProcurementOptimization #SupplyChainManagement https://lnkd.in/dXQx5aBm Link: https://lnkd.in/dPEHtdTk

what is the difference between the following 1) Auction 2) Tenders 3) Acquisition 4) Purchase Order 5) Agreement 6) Rate Contract If you look for the complete understanding of these terms then it will help in understanding Procurement.

Procurement has always been a critical aspect of operations in the maritime industry, but Svitzer recognized the challenges posed by manual purchase order processing.     With a fleet of over 400 vessels spanning across 30 countries, their procurement team was challenged by time-consuming and resource-intensive tasks, not to mention the potential for human error.    SVITZER made a strategic decision to eliminate as many manual steps as possible, streamlining the entire procurement process and introducing what they call handsfree procurement. 🖐💰    Read more about their journey to optimize procurement in this case story: https://lnkd.in/evKFwRsw   One of the key factors that contributed to their success was building comprehensive master data in SERTICA, which paved the way for handsfree procurement and eliminated several time-consuming steps.    #sertica #handsfreeprocurement 

Procurement… such a complex world. 🌪️ Just to remember: Procurement is not Purchasing! ❌ Following a good procurement process will give you quality and it allows you to achieve products or services better in the future. 🛒📊📈 @chrissaavedra16 👍

2024 is approaching. It’s that part of the year in which you need to plan a solid procurement strategy for the year ahead   So it’s good to know that, by working with Diba, you could program the delivery of your orders according to your production needs.

Logs procurement is crutial part of our business.

Do not forget that your company order of Battle is very important to how you proceed with your procurement.

The Power of 3 P’s in Procurement 🌟 Your procurement processes may not be the same as others’ but these three Ps are hard to miss! 1. People are the decision-makers within the company. 2. Process defines the rules and procedures for ordering, receiving, and paying for goods and services. 3. Paperwork is supporting documentation needed for future reference. These drive your procurement process flow and your company to success! 📈 What other essential components are present in your procurement process flow? 👇