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CIPS Commercial Contracting Certification Exam is a Level 4 qualification, which means that it is designed for professionals who have several years of experience in procurement or contract management. L4M3 Exam is suitable for those who have completed the CIPS Level 4 Diploma in Procurement and Supply, or who have equivalent experience and knowledge. CIPS Commercial Contracting certification is recognized by employers worldwide as a mark of excellence in commercial contracting, and can help professionals to advance their careers and achieve their goals.

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CIPS Commercial Contracting Sample Questions (Q71-Q76):

NEW QUESTION # 71
Blakenall District Hospital (BDH) is a large hospital that is a major part of the government's health service.
Purchasing staff are in the habit of placing many long-term contracts with suppliers and sub-contractors.
Whilst these contracts are usually carried out successfully, prices are often paid that are well over budget. The purchasing manager is concerned to find that, in some cases, members of staff are forcing suppliers to accept fixed price contracts. The policy hascaused several problems such as some suppliers refusing to deal with BDH and a few going out of business mid-way through performing a contract with BDH. This is due to fluctuating market prices of materials. The procurement manager suggests supplier to adopt variable pricing arrangement with price index. Is this a right course of action?

Answer: D

Explanation:
Procurement staff in the Hospital is forcing suppliers into fixed price contract. If the costs generally rise, supplier may operate at a loss. This situation can disrupt the relationship, that is the reason why some suppliers refusing to deal with BDH and a few going out of business mid-way.
Alternative methods could be variable pricing arrangement. This method would reimburse the fluctuation of market price. It will also benefit buyer if the market price drops. This type of arrangement should be applied to long-term contracts (i.e. 18 months or more).
Reference: CIPS study guide page 179-184
LO 3, AC 3.3


NEW QUESTION # 72
A Service Level Agreement (SLA) is a formal statement of performance. Which of the following are aspects of a service level agreement?
A force majeure clause
Key performance indicators
A penalty clause for non-performance
The legal jurisdiction of the contract

Answer: C

Explanation:
An SLA outlines the expected performance levels and includes KPIs and consequences for non-performance (often in the form of penalties or service credits). Force majeure and jurisdiction clauses are typically part of the main contract terms, not the SLA, which is more operational in nature.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 4, Section 4.3.1 - SLAs and their components.


NEW QUESTION # 73
Which of the following statements is true about model form of contract?

Answer: A

Explanation:
Model forms of contract are published by some industry or professional organisations such as FIDIC, ITC, CIPS,... These forms are often carefully prepared by legal professionals, with correct legal terminology. The standard clauses within these forms are based on fair and balanced risk/reward allocation between the contracting parties. The model contract forms also include standard clauses to be selected or deleted on an as required basis.
Despite being standardised to be used in any jurisdiction, legal advice may be required if the users decide to make variations to the forms.
The correct answer should be "Model contract form's standard clauses often contain correct legal terminology without recourse to third party experts." Reference: CIPS study guide page 144-147 LO 3, AC 3.1


NEW QUESTION # 74
Express terms in a contract are stated in which of the following? Select TWO that apply

Answer: A,D

Explanation:
Express terms are the terms of the agreement which are expressly agreed between the parties. Ideally, they will be written down in a contract between the parties but where the contract is agreed verbally, they will be the terms discussed and agreed between the parties.
Implied terms are terms implied into the contract by the courts. They are not expressly set out in the contract but are taken to be as effective as if they were and as if they had been included from day one of the contract. The express terms and any implied terms together create the legally binding obligations on the parties.
Reference:
- Contracts: Express and Implied Terms
- CIPS study guide page 126-132
LO 3, AC 3.1


NEW QUESTION # 75
Which of the following key performance indicators are most likely to use numerical data as the main source of information?
The critical evaluation of project deliverables
The subjective responses of a satisfaction survey regarding a service
The instances of late deliveries within a given month
The occurrence of accidents and near misses in a year

Answer: C

Explanation:
KPIs that involve actual counts or quantifiable incidents are considered quantitative and use numerical data.
"Late deliveries" and "accidents or near misses" are measured in numbers, making them suitable for numerical performance tracking. The other options relate more to qualitative analysis or subjective feedback.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 4, Section 4.3.2 - Quantitative KPIs and performance data.


NEW QUESTION # 76
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