THE SINGLE NETWORK AND NEW SUB-SUPPLY CONTRACT (by Marco Minossi)

It solves many problems, diseconomies and imbalances in the sectors of the so-called "group F" of Italian manufacturing excellence: Fashion (take the recent case-school of the Gucci supply chain), Food , Furniture ; fully expresses its potential in the Mechanical sub-supply, in particular for SMEs, both familiar and technological "4.0", which design and build molds (for plastic, sheet metal or die-castings), and which perform the various moldings, with greater relevance for the production of components (for example, for the Automotive or Appliance sector) compared to that of final articles (Gardening, Household, Do-it-yourself, and many others). The contract we are talking about is also very well for the project building, supplies of machinery and materials, as well as the supply of works and services, aimed at a large specific work, mainly abroad.

The same, institutional Progetto Italia, the public-private system operation that aims to make SMEs more competitive, by having them selected and coordinated by a Main Contractor and other large "lead" companies, is inspired by this model. We treated it in preview here last summer, Progetto Italia suffered slowdowns due to the changed political scenario at the time of its launch, of the current weighting of SACE (which is a partner through CDP, Cassa Depositi e Prestiti of the Ministry of Economy ) for the issue of the provision of guarantees assigned by it on the new overall liquidity to the country, no longer only on exports; lastly, due to the delayed, but just occurred, new name of the reference promoter, transformed from "Salini Impregilo" into "WeBuild".

The Single Contract, which means a single agreement to regulate a plurality of articulated relationships, to guide and guarantee all the actors involved, is a new business model, congenial to the production and supply chain relationships.

Supplying SMEs, reference credit institution, Principal (or Dominus ) brand . In addition to the commissioning and procurement of supplies in a network of companies, the third player provides the latter with guarantees for the benefit of the former; Dominus' liability thus extends from a forced framework such as that designed by the Constitutional Court – with the famous 2017 ruling (for the work credits of the employees of the subcontractors ) – to the voluntary basis of providing their value in terms of bank facilities. Provision of technical guarantees on working capital and support interventions that impact on the speed of procedures. It therefore happens that the decrease in the marginal price, which normally characterizes the returns of subcontractors in these types of partnerships, is compensated by a greater guaranteed value, as well as by the volumes, patronage and management know-how received in exchange.

If the final customer of the supply chain is abroad, the Dominus can favor the discount without recourse of irrevocable letters of credit issued in favor of the SMEs of the Network, or ask for them with the "transferable" clause: immediate liquidity before and during the production on order, which does not affect the use of existing credit lines.

Various marketing and management interventions are foreseen in this formula for the benefit of small businesses by the Principal, precisely with the use of its specialized staff also in the companies of the supply chain: the absorption of new skills is remarkable for this 'latest. Not only audits , suitability exam, therefore, but also skills growth.

This plurilateral contract – of marked "Common Law" inspiration, Anglo-Saxon, as now all international or complex business contracts of today are configured – actually becomes a business memorandum of the Network, including the NDA secrecy pact , with real protections for all parties involved provided only on an extra-contractual level. The age-old question of the applicable law, of the competent court does not arise much, the risk of non-payment or non-fulfillment is almost zero for everyone. The latter added value is fully manifested in the case, also increasingly adopted, of the inclusion of agreements in the prevalent, albeit not unique, channel of the Blockchain ( smart-contract ).

Marco Minossi


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The article THE SINGLE NETWORK AND NEW SUB-SUPPLY CONTRACT (by Marco Minossi) comes from ScenariEconomici.it .


This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/il-contratto-unico-di-rete-e-di-nuova-sub-fornitura-di-marco-minossi/ on Sun, 07 Jun 2020 08:45:34 +0000.