Sample Paper Flashcards
Q1. Which ONE of the following is a provision in a contract under which one party commits to compensate the
other for any harm or loss arising out of the contract?
a. Indemnity
b. Intellectual property
c. Exclusion clause
d. Warranty
A
Q2. Which of the following are likely to feature within a request for quotation (RFQ)
- Delivery terms are fixed
- Suppliers are not pre-qualified
- Suppliers have been pre-qualified
- Quality must be assessed
a. 1 and 2 only
b. 2 and 3 only
c. 1 and 3 only
d. 2 and 4 only
C
Q3. A procurement manager has negotiated a firm fixed price throughout a contract with a duration of two
years. Was this the right thing to do?
a. No, because even with these contracts the pricing can change
b. No, because this is an unfair term and therefore it is not legally binding
c. Yes, because this has provided certainty and so it is an aid to budgeting
d. Yes, because this type of pricing will always be better than a spot price
C
Q4. Ace Group is seeking to encourage one of its key suppliers to improve its contract delivery performance.
Ace Group wants to encourage the supplier to identify cost savings and ways to enhance quality. Which of the
following would help?
a. Gainshare
b. Using industry indices
c. Penalty clauses
d. Service credits
A
Q5. When is the best time for the buyer’s express terms to be provided to a supplier in a competitive bidding
process with negotiation?
a. At the contract commencement meeting
b. When the negotiation is nearing completion
c. With the contract award notification
d. As part of the invitation to tender
D
Q6. Which ONE of the following is often used with service level agreements (SLAs), as part of performance
management, to encourage a supplier to meet a buyer’s requirements?
a. Service guarantees
b. Service credits
c. Service warranties
d. Service penalties
b
Q7. A public sector organisation maintains a large and diverse property estate comprising of more than 100
buildings in multiple locations around the country. To maintain this property estate, which of the following
will be the most effective arrangement between the organisation and its suppliers?
a. Framework agreements
b. One-off purchases
c. Spot transactions
d. Purchase orders
A
Q8. A large manufacturing group is going through a period of investment under which a number of its facilities
will close on a short-term basis for re-fit and for upgrade works to be undertaken.
The chief procurement
officer (CPO) is concerned about the impact on the organisation’s ability to meet customer orders should any
of the work carried out by suppliers overrun. In respect of this particular concern, the CPO should consider
using which of the following contractual terms with these suppliers?
a. Insurance
b. Force majeure
c. Liquidated damages
d. Jurisdiction
C
Q9. Which of the following will typically be included with an invitation to tender (ITT)? Select the THREE that
apply.
a. Specification
b. Purchase order
c. Terms and conditions
d. Requisition
e. Performance measures
f. Mandate
Correct answer: A, C & E
Q10. Under general legal principles of contract formation, which of the following will always automatically
result in the termination of an offer? Select the TWO that apply.
a. Acceptance
b. Negotiation
c. Clarification
d. Non-disclosure
e. Revocation
Correct answer: A & E
Q11. Which of the following enables bidders to present solutions that the buyer might not have considered
when responding to an invitation to tender (ITT)?
a. Technical specification
b. Input specification
c. Performance specification
d. Conformance specification
Correct answer: C
Q12. The concept of the ‘battle of the forms’ relates mostly to which of the following?
a. The buyer’s specification
b. Terms and conditions that apply
c. The invitation to tender
d. Key performance indicators
Correct answer: B
Q13. Westhire Authority (WA) is a large public sector organisation. It covers a vast geographic area and has a
considerable propery estate. It uses a number of suppliers to carry out routine and, on occasions, emergency
repairs and other maintenance on both the grounds and the buildings of its property estate. Which type of
arrangement would WA have in place for these requirements?
a. Framework agreement
b. Sole supply agreement
c. Dual-sourcing agreement
d. Contingency agreement
Correct answer: A
Q14. Global Energy Efficiency Group (GEEG) is a major manufacturing organisation. It has committed to invest
significantly in new turbines but is unsure about which products are available and how these might change in
the future due to new technology advances. What should GEEG do as a priority to help draft a specification?
a. Arrange a meeting with Finance
b. Talk to its incumbent supplier
c. Use recognised international standards
d. Undertake market engagement
Correct answer: D
Q15. Which of the following are examples of key performance indicators (KPIs) that can be used to measure
the performance of a supplier of raw materials?
- The percentage of orders delivered on time and in full
- The number of visitors to an organisation’s website
- A supplier’s staff retention rate
- The percentage of items with defects
a. 1 and 2 only
b. 2 and 3 only
c. 3 and 4 only
d. 1 and 4 only
Correct answer: D
Q16. Which of the following are characteristics of liquidated damages within a contract?
- Apply excessive penalties for all breaches
- Explain the process for dispute management
- Set out the circumstances and when they apply
- State the financial implications for the supplier
a. 1 and 2 only
b. 2 and 3 only
c. 3 and 4 only
d. 1 and 3 only
Correct answer: C
Q17. Express terms apply in all contracts through the buyer’s and supplier’s statutory rights. Is this statement
TRUE?
a. Yes, in most contracts statutory rights are expressly stated
b. No, express terms are specifically agreed between the parties
c. Yes, all terms must be expressly stated in the contract to be legally binding
d. No, if it is a verbal agreement, no terms will apply at all
Correct answer: B
Q18. Model form contracts are popular because they offer additional protections to suppliers. Is this
statement correct?
a. Yes, in industries that use model contracts they protect a buyer from all supplier conditions
b. No, they are popular because it is a legal requirement to use them if available in that industry sector
c. Yes, in those industries that use them model contracts considerably limit supplier liability
d. No, they are popular because they are widely accepted and understood in industries that use them
Correct answer: D
Q19. Which of the following arrangements permit the supplier to charge more, in certain circumstances, over
the term of the contract? Select the TWO that apply.
a. Pricing schedules
b. Fixed priced
c. Bills of quantity
d. Indexation
e. Price adjustment formula
Correct answer: D & E
Q20. Which of the following are necessary conditions for misrepresentation within a commercial agreement?
Select the THREE that apply.
a. The statement must be made after the contract is created
b. The statement must relate to fact
c. The statement must be false
d. The statement must be made by a contracting party
e. The statement must be made in public
f. The statement must be fraudulent
Correct answer: B, C & D
