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Achieving the CIPS L4M3 Certification demonstrates that an individual has a strong understanding of the principles of commercial contracting, as well as the ability to apply those principles in a practical setting. CIPS Commercial Contracting certification is highly respected in the procurement and supply chain management field and can lead to enhanced career opportunities and increased earning potential.

CIPS L4M3 exam mainly focuses on equipping learners with knowledge and skills in the following areas: the contract formation process, contract types, performance management, dispute resolution, and contract termination. Additionally, the certification also covers the importance of standards, ethical behavior, and current legislation to ensure best practices in commercial contracting. This knowledge continues to be crucial for all levels of commercial contracting, further underlining the importance of this certification exam.

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CIPS Commercial Contracting Sample Questions (Q135-Q140):

NEW QUESTION # 135
Which of the following should include in the service level agreement that is an appendix of a contract?
1. How often the service is measured
2. Minimum qualification of supplier staffs
3. Remedies to resolve dispute
4. On time service delivery

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

Answer: A

Explanation:
When the SLA is a schedule or an appendix to the contract, it should clearly state the following:
1. KPIs: how they are to be measured, who measures them and how often
2. How the measurements convert into scores
3. Any other service level standards, which may be of lesser importance than the KPIs
4. Minimum acceptable standards or scores in each case
5. Range of scores both above and below the minimum acceptable
6. Any mitigating factors which might apply in the event of poor performance
7. Any time period permitted in which to remedy a situation or poor performance.
In this question, "2. Minimum qualification of supplier staffs" and "4. On time service delivery" are the KPIs, while "1. How often the service is measured" is the frequency in which the KPIs are measured.
The remedies available in the event of poor performance should be set out in the body of the contract, along with those for any other contractual breach. These clauses should be cross-referenced in the SLA.
Reference: CIPS study guide page 110-116
LO 2, AC 2.2

NEW QUESTION # 136
Which of the following are true statements about RFQ process? Select TWO that apply.

A. Price is often the only variable in the RFQ and quotations
B. RFQ process creates heavier administrative burdens than tendering process
C. RFQ process is not suitable for low value purchase
D. Buying organisation should only send RFQ to pre-qualified suppliers
E. RFQ process requires the suppliers to submit their technical proposals

Answer: A,D

Explanation:
Request for quotations is often used when the only variable is price and the purchase value is under a financial threshold. This process is less formal than ITT. RFQ should be used in the following circumstances:
- Low-value, low-risk purchases
- When the specifications are sufficiently defined or the product/service is standardised
- Where the suppliers are pre-qualified
- Where there is a framework agreement which specifies the contract terms and conditions.
Reference: CIPS study guide page 3
LO 1, AC 1.1

NEW QUESTION # 137
Which of the following can be considered as implied terms in a contract?
1. Case law
2. Statute
3. Trade custom
4. A term can never be implied, it must always be expressed by the parties

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

Answer: C

Explanation:
An implied term is a term which the courts imply into a contract because it has not been expressly included by the parties. This may be because the parties did not consider it, did not think that any problem would arise in relation to it or simply omitted to include it.
The courts are very reluctant to imply terms into contracts and will only do so in the following circumstances:
1. terms implied under statute
2. terms implied under common law
3. terms implied because of custom or usage
4. terms implied due to previous dealings
5. terms implied 'in fact' or to reflect the parties' intentions
Reference:
- Contracts: Express and Implied Terms
- CIPS study guide page 126
LO 3, AC 3.1

NEW QUESTION # 138
Which of the following are examples of conformance specification? Select TWO that apply:

A. Output-focused specification
B. Technical drawing
C. Outcome-focused specification
D. Statement of work
E. Product sample

Answer: B,E

Explanation:
There are two main types of specification: performance specification and conformance specification (sometimes called prescriptive or technical specifications).
A conformance specification establishes the characteristics a commodity must possess, including details of how the commodity will be manufactured; engineering plans, drawings, or blueprints may be included. The design specification states in prescriptive terms what the potential offeror must provide to the buyer.
Conformance specifications have following features:
- Focus on inputs
- Give specific method, processes and materials
- May identify specific manufacturers or components
- The 'how' as well as the 'what'
- Ties supplier to set details
Reference:
- Public Procurement Practice: SPECIFICATIONS
- CIPS study guide page 8-10
LO 1, AC 1.1

NEW QUESTION # 139
Rochdale Ltd is looking for a new IT system to automate some of its operations. In designing the specification, procurement manager supposes that it should be done solely by the IT department who have deep expertise on this matter. Is procurement manager's opinion appropriate?

A. No, because challenging the user's demand is the role of procurement
B. No, because designing complex specification could only be outsourced
C. Yes, because designing complex specification would waste procurement manager's time
D. Yes, because procurement professional has no expertise in IT sector

Answer: A

Explanation:
Procurement professionals have a role in challenging specifications. Technical experts can get things wrong and asking naive questions can be useful in bringing these to light. The challenging may include:
- Does the organisation really need these features/functions?
- With this specification, are there many available suppliers in the market?
- How many does the organisation really need?
etc
Reference: CIPS study guide page 9-10
LO 1, AC 1.1

NEW QUESTION # 140
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