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CIPS Commercial Contracting Sample Questions (Q129-Q134):

NEW QUESTION # 129
Carillion Ltd is a major construction contractor in the UK. The company commits to continuous improvement and sets out a performance management program that is integrated across the organisational, individual, and supplier levels. To ensure that the suppliers acknowledge the program, every time negotiating the contract terms with suppliers, the procurement team of Carillion appends a performance management framework to the draft document as a schedule. Is the action of procurement team appropriate?

A. Yes, because Carillion wants to implement early supplier involvement
B. No, because the performance management should be solely developed by suppliers
C. No, because the framework will increase the complexity of the contract
D. Yes, because the framework should have legal standing as a part of contract

Answer: D

Explanation:
Performance management framework often consists of KPIs, targets and consequences that arise from achieved scores. To ensure that the framework has binding effect on contracting parties, it should be developed, appended to the main contract document and agreed by both parties. So the answer should be "Yes, because the framework should have legal standing as a part of contract".
Reference:
LO 1, AC 1.1

NEW QUESTION # 130
Which of the following should be used in a contract for window cleaning during the next three months?

A. Fixed pricing arrangement
B. Standard schedule of rates
C. Cost-plus arrangement
D. Variable pricing arrangement

Answer: A

Explanation:
A contract for window cleaning during the next three months is a short-term service contract in which changes of input costs (labour, tools,...) are very unlikely to happen.
Fixed pricing arrangement is useful for small to medium scope project, with short timelines, where what is delivered can be adequately specified and the likelihood of changes to the specification, scope and input costs is limited.
Reference: CIPS study guide page 172-176
LO 3, AC 3.3

NEW QUESTION # 131
A senior procurement specialist in UK is preparing a specification in which ISO standards are used to send to global suppliers. Is this action appropriate?

A. No, ISO standards are unfamiliar to global suppliers
B. Yes, ISO standards are globally recognisable
C. Yes, evert specification must have ISO standards
D. No, the procurement specialist must use BSI standards instead

Answer: B

Explanation:
ISO standards are internationally agreed by worldwide experts. They overcome countries' differences and facilitate global trade. If a buying organisation is sourcing globally, they should use ISO standards within the specification.
Reference:
LO 2, AC 2.1

NEW QUESTION # 132
Streaming Ltd is a music streaming provider based in the UK. The company is looking for extending its presence in the US. To achieve this, the company needs to outsource the data centre service to a local company. To monitor the performance, the procurement manager would like to introduce a service level agreement (SLA) to the data centre service provider. Which of the following should be included in the SLA?
1. System availability
2. The mean time to recover from system failure
3. The actual number of on-time service delivery
4. Dispute resolution procedure

A. 2, 3 and 4 only
B. 1, 3 and 4 only
C. 1, 2 and 3 only
D. 1, 2 and 4 only

Answer: D

Explanation:
A service-level agreement (SLA) defines the level of service you expect from a vendor, laying out the metrics by which service is measured, as well as remedies or penalties should agreed-on service levels not be achieved.
According to CIPS L4M3 study guide, SLA should cover the following:
- KPIs
- How the measurements convert into scores
- Any other service level standards
- Minimum acceptable standards or scores in each case
- Range of scores both above and below the minimum acceptable
- Any mitigating factors which might apply in the event of poor performance
- Any time period permitted in which to remedy a situation of poor performance
- Remedies available
- Dispute settlement
- How to deal with inconsistencies or conflicts between KPIs and any other documents.
In IT service (such as in the scenario), the SLA often covers:
- Uptime
- Call metrics
- Customer satisfaction
- Turn around time
- Quality
- Mean time to recovery
- Mean time between failure
- Backlog
- Business results
You can read the details of above indicators here.
Reference:
- CIPS study guide page 112-115
- 9 Examples of SLAs
- What is an SLA? Best practices for service-level agreements
LO 2, AC 2.2

NEW QUESTION # 133
Which of the following is the best definition of consideration in contract law?

A. Full statement about something to provide
B. One thing given in exchange
C. Formal discussion between people who are trying to reach an agreement
D. The act of thinking carefully about one thing

Answer: B

Explanation:
A simple definition of consideration is as follows - an exchange between the parties which results in a benefit to one party, and a detriment to the other. The case of Currie v Misa (1874) LR 10 Ex 153 provides an apt description of this:
"A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered, or undertaken by the other." A practical example of this can be found by examining a simple contract. Party A offers £500 to Party B, who in exchange will fit his car with a new engine. Party A receives the benefit of his car being fixed, whilst Party B incurs the detriment of having to take time, effort, and perhaps expenses to fix the car.
Reference:
- Consideration & Promissory Estoppel
- CIPS study guide page 36-40
LO 1, AC 1.2

NEW QUESTION # 134
......

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Ava Campbell Ava Campbell

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L4M3 Test Sample Questions - L4M3 Practice Exam Questions

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