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[General] Pass Guaranteed Quiz CIPS - Useful L4M3 - CIPS Commercial Contracting Exam Topic

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【General】 Pass Guaranteed Quiz CIPS - Useful L4M3 - CIPS Commercial Contracting Exam Topic

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CIPS Commercial Contracting Sample Questions (Q54-Q59):NEW QUESTION # 54
Under a framework agreement, which of the following are supplier selection mechanisms? Select TWO that apply:
  • A. Mini competition
  • B. Contract for lease
  • C. Call off contract
  • D. Direct call-off
  • E. Rescission of contract
Answer: A,D
Explanation:
A framework agreement is an agreement with one or more suppliers/providers which sets out terms and conditions under which individual contracts (call-offs) can be made throughout the term of the agreement.
A framework agreement itself is not a contract, but the call-offs made from it are.
Framework arrangements create a streamlined and flexible process for procuring goods, works or services Where a framework for the same goods, works or services is awarded to several suppliers, there are three possible options for awarding call-off contracts: direct award (or direct call-off), mini-competition or a combination of both.
Option 1 - Apply the terms of the framework agreement (direct award).
Where your requirements match the terms and/or specification of the framework agreement (in the event of any query, you should clarify the situation with the organisation that established the framework), a particular call-off should be awarded without re-opening competition. The call-off should be awarded to the provider who is identified as the most economically advantageous tender based on the award criteria used at the time that the framework was established (i.e. the supplier ranked no. 1). Randomly selecting a supplier off a framework is not permitted.
Option 2 - Hold a mini-competition between capable suppliers.
If your requirements do not match the terms and/or the specification of the framework, you should conduct a mini-competition exercise. Whilst it is not permitted to substantially change the basic terms or specification of the framework, in running a mini-competition it is possible to supplement or refine the basic terms of the framework prior to making a call-off. Examples of such terms are:
- The particular goods/services/works required;
- Particular delivery timescales;
- Particular invoicing arrangements and payment profiles;
- Associated services such as installation, maintenance and training;
- Quantity;
- Functional specification.
Under no circumstances should brand names or brand-specific descriptions of goods be used e.g. BIC Biro Pen, Hewlett-Packard Printer, Dell computer. Descriptions should give reference to the characteristics and outputs of the product or service. Where no other description is possible, any reference should be qualified by adding the words 'or equivalent'.
When a mini-competition exercise is held, all suppliers appointed to the framework that are capableof meeting the requirement must be invited to submit a tender. (This might just relate to suppliers within a particular
'lot'). You must not limit the mini-competition exercise to selected providers. A time limit for submitting the tender must be set and advised to competing suppliers. This time limit must be reasonable, taking account of the complexity of the requirement.
The call-off must be awarded on the basis of the framework award criteria and new criteria cannot be added, although, where permitted, the weightings may be varied to take account of a particular requirement.
However, in adjusting the weightings, care must be taken to ensure that any such changes do not have an adverse effect on competition.
Option 3 - Combination of direct award and mini-competition
To use a combination approach, the procurement documents must state that this route may be used. The procurement documents will also specify which terms may be subject to the re-opening of competition.
Reference:
- Guidance on the Use of Framework Agreements
- CIPS study guide page 60-62
LO 1, AC 1.3

NEW QUESTION # 55
In order to monitor supplier's performance, an organization decides to draft performance management frameworks. Which of the following are the components of a performance management framework? Select THREE that apply:
  • A. Force majeure
  • B. KPIs
  • C. Justification
  • D. Indemnity
  • E. Consequences
  • F. Targets
Answer: B,E,F
Explanation:
There are three key components of a performance management framework:
- Key performance indicators (KPIs) - What you are measuring
- Targets - the performance level to be achieved
- Consequences - what happens if the measures are not achieved and/or if they are exceeded Reference: CIPS study guide page 11-14 LO 1, AC 1.1

NEW QUESTION # 56
Maximum Score 1
When a company has decided to outsource part of its operation, the contract will need to include a number of key contract terms to minimise risk. Which of the following should be included?
* A confidentiality clause designed to protect either party
* A clause stating how long the service is to be outsourced
* A clause stating how long the employees can take for holiday
* A contract variation and price adjustment clause
  • A. 1 and 2 only
  • B. 2 and 4 only
  • C. 1 and 4 only
  • D. 3 and 4 only
Answer: C
Explanation:
Risk-minimising clauses typically include:
* Confidentiality clauses (1) to protect business data.
* Variation and price adjustment clauses (4) to allow flexibility for scope or cost changes.Service duration and holidays are administrative and not risk-control terms.
Reference: CIPS L4M3 Commercial Contracting - "Contract clauses that control commercial risk."

NEW QUESTION # 57
Under which of the following scenarios an RFQ is most likely to be used?
  • A. When the buying organisation does not know the requirements in details and needs the input from suppliers
  • B. Purchase of complex machinery
  • C. Design of a unique and complex software code
  • D. Purchase of a small number of standardised products under a framework agreement
Answer: D
Explanation:
The request for quotations is a procurement method that is used for small value procurements of readily available off-the-shelf goods, small value construction works, or small value services procurements. Request for quotations works best under a framework agreement This procurement method is also known as invitation to quote and shopping, and it does not require the preparation of tender documents to the same extent as open tendering, request for proposals or two-stage tendering.
Among 4 options:
- "Purchase of a small number of standardised products under a framework agreement": the products are standardised and there is a framework agreement in place, so RFQ is the best solution.
- "Purchase of complex machinery": Complex machinery is often a large purchase. Furthermore, suppliers' quality may vary. So RFQ is not suitable, instead, depending on the situation, buyer may opt ITT or RFP to purchase this type of machinery.
- "Design of a unique and complex software code": Unique and complex software is not off-the-shelf, thus RFQ is not suitable.
- "When the buying organisation does not know the requirements in details and needs the input from suppliers": When the detailed requirements are unknown, the best solution is request for proposal or developing dialogue with suppliers.
Reference:
- Request for Quotations
- CIPS study guide page 3-4
LO 1, AC 1.1

NEW QUESTION # 58
A large company supplies a lot of products. Their shipments are often delayed and customers are not satisfied.
Which of the following KPIs is most likely to be applied to this situation?
  • A. Consignment stock availability
  • B. Technical support
  • C. Delay damages
  • D. OTIF delivery
Answer: D
Explanation:
If the deliveries often delay, buyer should use KPI to measure how many missed deliveries there are and the percentage of total missed deliveries on total number of deliveries for period. OTIF (one-time in-full) delivery might help.
Consignment stock availability means that the supplier holds adequate range/number of units of stock to offer a reliable service Delay damages are the consequences caused by delay of deliveries Technical support is the acceptable quality of technical information/support provided by supplier for goods supplied.
LO 2, AC 2.2

NEW QUESTION # 59
......
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