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CIPS Commercial Contracting course is designed for procurement and supply chain professionals who have already completed the CIPS level 4 diploma and are looking to improve their skills in the management of commercial contracts. This course is particularly suitable for those who operate in a procurement or supply management role that involves the negotiation, drafting, and management of complex contracts. The CIPS Commercial Contracting course has been carefully structured to provide procurement professionals with the skills and knowledge required to effectively execute contracts that are essential to the success of their organization.
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CIPS Commercial Contracting Sample Questions (Q165-Q170):
NEW QUESTION # 165
Which of the following is the best definition of "ultra vires"?
- A. In good faith
- B. From one party
- C. Let the buyer beware
- D. Beyond powers
Answer: D
Explanation:
Ultra vires is a Latin phrase, meaning "beyond the powers." Describes actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters. When referring to the acts of government bodies (e.g., legislatures), a constitution is most often the measuring stick of the proper scope of power.
Reference: CIPS study guide page 42-43
LO 1, AC 1.2
NEW QUESTION # 166
Which of the following is the procedure that makes no further competition under a framework agreement?
- A. Standing offer
- B. Closed system
- C. Blanket order
- D. Direct call-off
Answer: D
Explanation:
Direct call off is the act of placing an order under a framework agreement without having further competition.
Standing offer is an available offer.
Blanket order is another name of framework agreement
Closed system is a requirement of framework agreement. It is a system or process that, once started, does not allow new entrants.
Reference:
LO 1, AC 1.3
NEW QUESTION # 167
A procurement manager is preparing a long-term contract with a major supplier. She decides to use the variable pricing arrangement using price indices. The payment terms describe the circumstances and mechanism where the price is allowed to change. In order to successfully manage this type of contract, the buying organisation should have...?
- A. Economy of scale
- B. Value for money
- C. Selection of base year
- D. Good market knowledge
Answer: D
Explanation:
There are several approaches to price adjustment for long-term contract. Describing circumstances and mechanism is one of them. Although this approach has some limitations, it is the best option. It relies on good market knowledge but provides the most equitable approach to satisfying the needs of the purchaser and the supplier.
Reference: CIPS study guide page 184
LO 3, AC 3.3
NEW QUESTION # 168
Which of the following could be the last document in a 'battle of the forms'?
- A. Invitation to Tender (ITT)
- B. Purchase order
- C. Quotation
- D. Order acknowledgement
Answer: D
Explanation:
In a 'battle of the forms', both buyer and supplier exchange documents with conflicting terms. The general rule is that the terms of the last document exchanged before performance (e.g., delivery or payment) that is not objected to will govern the contract. An order acknowledgement from the supplier with its own terms, followed by acceptance (e.g., payment), usually constitutes the final word.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 1, Section 1.2.3 - Battle of the forms and contractual precedence.
NEW QUESTION # 169
A category buyer is purchasing medical gases for a hospital, but is experiencing volatile and unfavourable market conditions due to multiple global external factors. Owing to the volatility, the hospital's finance director has tasked the buyer with providing certainty of costs for the next 18 months. Which of the following pricing methods will enable budgeting certainty, despite the highly volatile market conditions?
- A. Fixed pricing with economic price adjustments
- B. A penetration pricing strategy
- C. A cost plus award fee agreement
- D. A fixed pricing arrangement
Answer: D
Explanation:
A fixed pricing arrangement offers the buyer cost certainty by locking in a set price for the duration of the contract, regardless of market volatility. This is crucial in environments requiring tight budget control, such as healthcare procurement. Although suppliers may factor in risk premiums, it is ideal when predictability is the priority.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 4, Section 4.2.2 - Use of fixed pricing to achieve budgetary control.
NEW QUESTION # 170
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