Tag Archive for: Food industry

The Manchester Christmas Market has moved from the spacious Albert Square, which is being dug up, to several different pedestrian streets around the centre. That works well in the sense that different streets have different themes – so one is mainly eating places, one has stalls selling craft-type items and so on.

I was there last week for the HCSA (NHS procurement) conference where I was speaking, and I had a wander around the market when I arrived on Monday night. The big question of course was – what should I eat? Fully loaded Patatas Bravas from the El Gato Negro stall, right outside that restaurant? A large slab of pizza? The special Christmas Parma from Parmogeddon (!), including chicken parma, chips, gravy, stuffing balls and pigs in blankets? 

I spent a good 20 minutes looking around the market, but given the Germanic origins of these markets, I finally settled on Bratwurst with onions in a roll from The Witch House. And it was delicious. A roughly nine-inch (22cm) sausage, very tasty, and £7.50 which didn’t seem cheap but wasn’t too ridiculous.  (OK, I confess, I has some patatas bravas as well…)

I headed off back towards my hotel, taking a different route, and not 100 metres from my Bratwurst stall, I came across another selling similar products. Except… this one was offering half-metre Bratwursts – in larger rolls of course – for £7! Literally more than twice as much sausage for a slightly lower price!

I was devastated. After my extensive market research, tramping the streets on a very cold night, I had missed the key supplier that could have met my needs in an optimal value for money fashion, if I had just spent a few more minutes looking around. Or maybe if I had conducted my research in a more structured manner I could have discovered my nirvana – perhaps I could have got a list of all the sausage sellers and actually checked them all out before making my choice?  

Now clearly, I don’t know how good the larger sausages were. My selection seemed very good quality, and perhaps the giant competitor was not up to that standard. A good procurement person would of course ask that question, and might wonder how the seller could offer such a low price per metre compared to the competition. But as I walked back to my hotel, I was definitely suffering from a bit of buyer’s remorse.

So, based on my sad but true story, what can we learn from this particular bit of sausage-related Bad Buying?  One key learning is that it is hard to know sometimes just how much market and supplier research is necessary to support and inform a good buying decision. We can’t spend as much time on that as we might sometimes like – clearly, it would be silly to spend hours researching  a £7 sausage purchase. But if there is anything to be taken from this, it is perhaps the point about structuring the research. My random walking did help me make a decision; but doing a little bit of planning, and using some information that was available to me, would have led to a better decision.

And going back to my previous existence at Spend Matters, I wonder whether procurement people sometimes choose procurement technology solutions in a similar way to my decision – a bit of a random walk around the first available products they find. So if you are in the market for a solution, do carry out some structured research, don’t just wander blindly around the many available products. Because if you do, you might just end up with the nine-inch sausage instead of the eighteen-inch.   

Welcome everyone and yes, it is time for the inaugural Bad Buying Award Ceremony – virtual of course.  Over the next three days we will announce the six winners of these prestigious awards, given to those who have demonstrated truly Bad Buying.

Our definition of Bad Buying incorporates a number of different but linked topics. Obviously, it includes failure in procurement (poor performance on the buying side of the table). It can also relate to a contract that goes badly wrong because of supplier performance, failure or fraud that is not properly managed or mitigated by the buyer, client or customer. Or it can be a more general fraud linked to the procurement process, such as fake invoice scams or corrupt collusion between buyers and sellers.

So today, we will start with our two international awards.  

International (Private Sector): Kraft Heinz

Awarded for Creative Use of Supplier Contracts

Food giant Kraft Heinz (KH) was charged by the US Securities and Exchange Commission (SEC) with mis-stating its accounts following the merger of Kraft and Heinz in 2015. The firms said the deal would deliver cost savings of $1.5bn a year, and procurement savings-related targets were set for staff. But after 2017, savings proved hard to find,  As the SEC said, management “pushed procurement division employees to come up with ideas to generate additional immediate, same-year savings”.

The dodgy accounting practices were then based around manipulation of supplier-related payments. For instance, buyers negotiated “prebates” (!!) – a sugar supplier gave KH $2 million up front in return for a 3-year contract, with the agreement that the money would be recovered by the supplier through the contract. Or  suppliers might reduce prices in the short term in return for a longer-term increase. These schemes when recorded as current-year “savings” and added immediate profit, rather than being accounted for properly.

Kraft Heinz had to restate its accounts, correcting a total of $208m in wrongly-recognised cost savings. The CPO, Klaus Hoffman and the COO Eduardo Pelleissone were accused of violating anti-fraud provisions, failure to provide accurate information to accountants and violating accounting controls.

Without admitting or denying the allegations, in September Pelleissone agreed to pay a civil penalty of $300,000.  Rather than addressing risks after being made aware of issues, “he pressured the procurement division to deliver unrealistic savings targets”. Hofmann agreed to pay $100,000 and was barred from serving as director or officer of a public company for five years. KH agreed to a penalty of $62m, also without admitting or denying the findings.

This was a very interesting and unusual case, which demonstrated approaches that the judging panel had not previously seen in their many years of procurement service. Given that creative application of supplier negotiation and contractual mechanisms, this was a very worthy winner of the Bad Buying International (Private Sector) Award.

………

International (Public sector): Balfour Beatty Plc

Awarded for Over-invoicing of US Defence Clients

In December 2021, the US housing management subsidiary of UK engineering and services firm Balfour Beatty agreed to pay fines and restitution of $65 million after admitting over-charging US defence clients for some years. Under the terms of the plea agreement, Balfour Beatty Communities agreed to make the payment  after a federal investigation into its scheme to claim performance bonuses by submitting false information to various clients. 

The issues came to light when living conditions at US Air Force bases were found to be unsatisfactory. The company’s homes did not meet fire safety codes and had mould, rodents, pests, radon gas, and other defects. An investigation then found that the firm maintained two sets of maintenance records at some bases. One included the issues of mould, asbestos, and leaks that were not promptly fixed, whilst the other showed fake quick repairs that allowed the company to claim contractual bonuses from the Pentagon.  As always in these cases, the company blamed a few rogue individuals who have presumably now left.  It also appears that the firm is still engaged on the contract which seems a little surprising.

In cases like this, it is arguably not so much “bad buying” as a “bad supplier”. However, where the issue runs for some time, it usually indicates a failure of contract management, as well as bad behaviour by the supplier. At least the client did eventually identify the issue and take action – but it is an interesting case study in supplier behaviour, and on that basis, Balfour Beatty and its affected clients win the Bad Buying International (Public Sector) Award.

Two more prize winners tomorrow!