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CIPS L4M3 Exam Syllabus Topics:

Topic	Details
Topic 1	Drafting specifications and developing marketdialogue with suppliers Understand the legal issues that relate to the formation of contracts
Topic 2	Recognise types of pricing arrangements incommercial agreements The battle of the forms and precedence of contract terms
Topic 3	Recognise examples of contractual terms typically incorporated into contracts that are created with external organisations Invitation to tender or request for quotation
Topic 4	Terms that apply to labour standards and ethical sourcing Including social and environmental criteria inspecifications
Topic 5	Compare types of contractual agreements made between customers and suppliers Standardisation of requirements versus increasing the range of products
Topic 6	Appraise examples of key performance indicators (KPIs) in contractual agreements Analyse the legal issues that relate to the creation of commercial agreements with customers or suppliers
Topic 7	Risks presented by contracting on suppliers terms or through oral contracts Analyse the content of specifications for procurements
Topic 8	Cost plus and cost reimbursable pricing arrangements Invitations to treat or invitations to negotiate
Topic 9	Analyse contractual terms for contracts that arecreated with external organisations The Vienna Convention on the International Sales of Goods

CIPS Commercial Contracting Sample Questions (Q140-Q145):

NEW QUESTION # 140
Sally places a purchase order to the supplier for some components that her company requires. The supplier delivers the goods as she asks, but the quality assurance team finds that these components are defective and unfit for the company's operations. Which document is the ground to decide whether the goods received are fit for purpose?

A. Code of conduct
B. Specification
C. CSR policies
D. Pre-qualification questionnaire

Answer: B

Explanation:
According to USLegal Inc, fitness for purpose refers to the standard that must be met by a seller in the course of a business. Generally, when a buyer makes known to a seller the particular purpose for which the goods are bought, there is an implied condition that the goods are reasonably fit for that purpose (customer's requirements, needs, or desires). Specification is the ground for deciding whether goods received are fit for purpose.
We already know that there are two types of specifications: conformance and performance specifications. With conformance specification, the buyer lists out technical requirements to which the goods must conform. Lacking of any requirement may be enough for the goods to be unfit. On the other hand, if performance specification is in use, the goods must be fit for specific outputs that buyer has listed in the specification.
Providing the 'fit for purpose' goods is one of the fundamental obligations of seller in sale contract. Unfulfilling this obligation would lead to legal consequences. If the goods are unfit for purpose, seller may have to:
- replace the non-conforming goods
- pay the damages to the buyer
Reference:
- Why you should keep attention to the specification when contracting with suppliers
- CIPS study guide page 137
LO 3, AC 3.1

NEW QUESTION # 141
Which of the following are reasons why a buying organisation adopts a model contract?
1. Extremely advantageous terms for buyer
2. Correct legal terminology
3. Supplier cannot make variation to the model form
4. Specific to industry

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

Answer: B

Explanation:
Advantages for the use of model forms of contract include:
* Helps to reduce the time and cost in contract development, particularly in detailed negotiation of terms and conditions.
* Avoids starting from the beginning each time, avoids" re-inventing the wheel" each time.
* Model contract forms may be widely accepted by both buyers and sellers across the industry or sector.
* Model contract forms are even handed and designed to be fair to both parties in the contract.
* Model contract forms include standard clauses that can be selected or deleted on an as required basis.
* Model contract form's standard clauses are more likely to contain the correct legal terminology without recourse to third party experts.
Disadvantages of this type of contract include:
* Terms may be less advantageous, than may be achieved through negotiations, particularly where there is one party who is much stronger than the other.
* The generic contract may be difficult to adapt to the specific circumstances between two parties.
* Terms may not necessarily include special clauses or requirements to cover a particular or unusual situation.
* Legal advice and input may still be required, particularly where significant variations to the norm are required.
* There may be costs associated with training staff in the detailed application of the model forms of contract.
Reference:
- D5 Sample QUESTION and answer
- CIPS study guide page 147
LO 3, AC 3.1

NEW QUESTION # 142
Which of the following should be taken to avoid the conflicts between orally negotiated terms before the conclusion of contract and the final written contract?

A. Finding signs of misrepresentation of the other contracting party
B. Avoiding long negotiation
C. Embedding a term excluding all prior oral discussions that are not mentioned in the final written contract
D. Prevailing orally negotiated terms over the final written contract

Answer: C

Explanation:
When a written contract is based on oral negotiation, to avoid the conflicts between orally negotiated terms and final written contract, the contract should include an express term that specifically excludes all prior oral discussion. However, orally negotiated terms can be used to interpret the final contract.
This practice (excluding prior discussion) is so common in international commercial contract that UNIDROIT Principles of International Commercial Contracts have an article (2.1.17) dealing with this.
Reference:
LO 3, AC 3.1

NEW QUESTION # 143
Which of the following are among five 'pillars' of information assurance?
1. Recovery plan
2. Availability
3. Non-repudiation
4. Governance

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

Answer: B

Explanation:
Information Assurance (IA)
Information Assurance (IA) is the practice of managing information-related risks and the steps involved to protect information systems such as computer and network systems. The IA transformation is a partnership that stretches across the Department of Defense (DoD), Office of National Intelligence, Committee on National Security Systems, National Institute of Science and Technology (NIST), and the Office of Management and Budget.
The US Government's definition of information assurance is:
"measures that protect and defend information and information systems by ensuring their availability, integrity, authentication, confidentiality, and non-repudiation. These measures include providing for restoration of information systems by incorporating protection, detection, and reaction capabilities." Information Assurance (IA) is essentially protecting information systems, and is often associated with the following five pillars:
- Integrity
- Availability
- Authentication
- Confidentiality
- Nonrepudiation
The following pillars can be applied in a variety of ways, depending on the sensitivity of the information, or information systems within your organization. Currently, these five pillars are used at the heart of the US Governments ability to conduct safe and secure operations in a global environment.
1. Integrity
Integrity involves assurance that all information systems are protected and not tampered with. IA aims to maintain integrity through means such as anti-virus software on all computer system, and ensuring all staff with access to know how to appropriately use their systems to minimize malware, or viruses entering information systems.
2. Availability
Availability simply means those who need access to information, are allowed to access it. Information should be available to only those who are aware of the risks associated with information systems.
3. Authentication
Authentication involves ensuring those who have access to information, are who they say they are. Ways of improving authentication involve methods such as two-factor authentication, strong passwords, bio-metrics and other devices. Authentication may also be used to not only identify users, but also other devices.
4. Confidentiality
IA involves the confidentiality of information, meaning only those with authorization may view certain data. This step is closely mirrored by the six data processing principles of the General Data Protection Regulation (GDPR), where by personal data must be processed in a secure manner "using appropriate technical and organizational measures" ("integrity and confidentiality").
5. Nonrepudiation
The final pillar simply means someone with access to your organizations information system cannot deny having completed an action within the system, as there should be methods in place to prove that they did make said action.
Reference:
- What is Information Assurance (IA)?
- CIPS study guide page 99-100
LO 2, AC 2.1

NEW QUESTION # 144
In which of the following conditions, request for quotation produces the best results?

A. With an ambiguous specification
B. With strategic items
C. Under framework agreements
D. Under a complex process

Answer: C

Explanation:
Request for quotation has valuable function when its use is properly controlled. It works the best under framework agreements where the contract terms are already fixed.
Reference:
LO 1, AC 1.1

NEW QUESTION # 145
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