Free Practice Questions for CIPS L4M8 Exam

Contract terms are the right and duties agreed between parties with which are then documented in contract. Terms can be either implied or expression.

Implied terms are always present in a contract and are set by national laws; like the sales of goods act, whereas express terms are negotiated and created, for example; time is of the essence. When the procurement professional is setting key performance indicators, where which the supplier’s performance will be monitored and managed, the KPI is expected to be SMART. The SMART is an acronym that is used to set KPI and specification. It means:

Specific

Measurable

Achievable

Relevant

Time bound

Damages are ‘sum of money that the supplier pays if it fails to carry out its contractual obligation.

When creating terms for damages in the contract, it should be considered that Damages are categorized into two types (liquidated and un-liquidated). And which or if both are applicable to the contract in hand.

Liquidate Damages are fixed amount of money agreed between the parties that is payable if a contract is breached. For example, knowing that supplier not being able to install a device properly in a power transformer may destroy the device and going ahead to include a fee in the contract if the device was destroyed.

Un-liquidated damages are unfixed amount of money. It is used when the amount of money that will compensate the injured party cannot be known in advance. A court decides the amount when the damages occur. For example, knowing that supplier not being able to install a device properly in a power transformer may destroy the device, other appliances and equipment unknown, cause the buyer delay in the process and reputational damage as in customer dissatisfaction. Yet, unquantifiable as both parties are unable to fix a fee in advance on the damages and leaving it to the court to decide the damage if it may occur.

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Bribery is the act of giving someone something of value to persuade them to do something that benefits you. Ethical and responsible sourcing requires conducting due diligence on bribery before going into contractual relationship because failure to this might lead to loss in reputation.

In other for an organization to defend itself against a case of suspected bribery, the United Kingdom bribery Act introduced in 2010 suggests that organizations should have adequate procedures’ in place.

The following are six procedures an organization should have in place to be able to defend itself against bribery

1) Proportionate procedure

2) Top level commitment

3) risk assessment

4) due diligence

5) communication

6) monitoring and reviewing

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Trying to measure how sustainable an organization was use to be challenging undertaking. However, during the 1990s, a concept brought up by American John Elkington change the way sustainability was measured. This framework is known as the triple bottom line (TBL) and measures sustainability in relation to organizational performance and investment against the 3Ps (1) Profits (2) People (3) Planet. For example;

Profit: A packaging manufacturer reinventing its profits in a State- of-the-art recycling machinery for it wasted cardboard.

People: A large privately owned call centre donate its end of life computers to a local youth clubs and social groups to help gain internet cases.

Whole life asset management is the process of evaluating the total price and all associated costs of a product to make an informed decision as to which option will provide the organization with the best value for money option: To achieve this the organization works at the following eight elements.

1. Identify need/objectives/risk: The first stage of the whole life asset management is the same as the first stage in the CIPS procurement and supply cycle: identify the need prior to any asset being procured; the need could be competition in the marketplace, raised/reduced demands or financial concern. Once this need has been identified, the objectives of the new assets need to be set, and this may include being more energy efficient, reducing cost or saving money.

Risk also needs to be explored. When investing in a new asset there are factors to be considered that may or may not be advantageous to the investment. These include; downtime, lost sale/revenue or associated cost.

2. Procurement: Procurement professional would have to source and arrange supply of the asset.

3. Construction: ones the supply has being arranged, then the designing and the manufacturing of the asset begins.

4. Commissioning

5. Deterioration/maintenance

6. Condition performance monitoring

7. Decommissioning

8. Renewal/replacement

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Influencing is the capacity to be able to change behavior or opinions, either consciously or subconsciously.

As outlined by Yukl and falbets work from 1990 influencing can relate to corruption within procurement in these six ways.

1)A party can be assertive (forceful, directive, using deadlines),

2) Ingratiating i.e. using charm and flattery.

3) Exchange-Trading favors,

4) Upward appeal (requesting input for senior management not only that influencing can come as

5) Coalition; team members uniting for support.

5) Rational persuasion, i.e. bringing in logic and facts for clarification

4. Examine FIVE methods OrganiBake could use to monitor suppliers’ performance against Environmental, Social and Governance (ESG) principles. (25 marks)

OrganiBake currently relies on a basic supplier self-assessment questionnaire, but this is no longer enough as the business grows and faces greater ESG risks. To protect its brand reputation and manage risks such as water use, pesticide runoff and unfair labour practices, OrganiBake needs stronger and more proactive supplier monitoring methods. CIPS defines supplier performance management as assessing supplier activities against agreed KPIs and managing supplier performance, while ISO 20400 provides guidance on integrating sustainability into procurement. ( cips.org )

1. Supplier audits and site visits

One effective method is to carry out regular supplier audits and on-site inspections . These can be announced or unannounced and allow OrganiBake to check whether suppliers are actually following ESG requirements in practice, rather than simply claiming compliance on paper. For grain suppliers, audits could review water management, chemical handling and environmental controls. For packaging suppliers, audits could examine working conditions, pay practices, health and safety, and management controls. This method is stronger than a questionnaire because it provides direct evidence and helps verify whether policies are being implemented properly. OECD due diligence guidance highlights supplier assessments and monitoring mechanisms as part of responsible supply chain management. ( OECD )

2. ESG KPIs and supplier scorecards

A second method is to introduce measurable ESG key performance indicators (KPIs) and use supplier scorecards. OrganiBake could track indicators such as water consumption, pesticide incidents, waste levels, carbon emissions, employee turnover, accident rates, wage compliance, audit closure rates and ethics breaches. These KPIs should be reported regularly and reviewed in supplier performance meetings. This gives OrganiBake a structured way to compare suppliers, identify weak performance early and measure improvement over time. It is particularly useful because the business is scaling up and needs transparent, consistent communication with suppliers. CIPS recognises supplier performance monitoring against agreed KPIs, and ISO 20400 supports the use of criteria and performance measures in sustainable procurement. ( cips.org )

3. Contractual ESG requirements with regular reporting

A third method is to include clear ESG clauses in contracts and require periodic evidence-based reporting from suppliers. For example, OrganiBake could require suppliers to comply with a supplier code of conduct, labour standards, anti-corruption expectations, environmental controls and corrective action obligations. Suppliers could then be required to submit supporting data, certificates, payroll evidence, water-use records or environmental reports at agreed intervals. This strengthens monitoring because ESG performance becomes a contractual obligation rather than a voluntary statement. It also gives OrganiBake leverage if a supplier fails to meet expected standards. OECD guidance emphasises corrective action plans and due diligence measures, while practice examples under the UN Global Compact show ESG requirements being embedded into sourcing and reporting processes. ( OECD )

4. Third-party verification and external assurance

A fourth method is to use independent third-party verification . This could involve external auditors, certification bodies or recognised ESG rating platforms to assess supplier performance more objectively. This is valuable because self-reported information can sometimes be incomplete or biased. Independent review can improve credibility, especially where OrganiBake faces scrutiny from environmental groups and reputational risk from consumers. External assurance is particularly useful for high-risk areas such as environmental claims, labour standards and governance controls. Examples reported through the UN Global Compact show selected sustainability KPIs being externally assured, demonstrating how third-party validation can strengthen confidence in reported ESG performance. ( cop.unglobalcompact.org )

5. Grievance mechanisms, stakeholder feedback and ongoing risk monitoring

A fifth method is to establish grievance channels and continuous risk monitoring . This means OrganiBake should not depend only on supplier-submitted data; it should also collect information from workers, local communities, NGOs, industry alerts and media screening. For example, if there are allegations of low wages or pesticide runoff, the company should have a process for receiving complaints, investigating them and requiring corrective action. This method is useful because some ESG problems, especially labour abuse or environmental harm, may not be visible in formal reports. OECD due diligence materials identify grievance mechanisms, stakeholder engagement and early-warning systems as important elements of supply chain monitoring and evaluation. ( OECD )

Conclusion

In conclusion, OrganiBake should move beyond basic self-assessment questionnaires and adopt a broader ESG monitoring system. The five main methods are supplier audits and site visits, ESG KPIs and scorecards, contractual ESG reporting requirements, third-party verification, and grievance plus ongoing risk monitoring . Together, these methods would give OrganiBake more reliable information, help manage reputational and supply chain risks, and support the company’s commitment to ethical and sustainable growth. ( cips.org )

A code of ethics is a set of morals and principle set out by an organization to state what it deems to be acceptable conduct and behavior

An ethical code of practice is a continually changing and developing document with society changing and different suppliers coming to market, the document has to remain current

Suppliers should continually monitor their codes of ethics to ensure that;

1. They are looking after the interest of the supply chain

2. That potential customers can be reassured that they are conforming to the required regulation, e.g. ISO 14001.

Ethical code of conduct should be constantly monitored and updated in accordance with the changes organization faces. This include 1) Define (2) prevent (3) detect (4) reprove (5) evaluate.

An offer is created when one party communicates to another or to multiple parties that they wish to enter into a legal binding agreement in accordance with the terms stated, for example; a company in promotion advertising for buyers to buy one and get one free, an offer is a buying organization communicating to a supplier to supply X number of goods and be paid x amount upon delivery at company premises, an offer is when a football club proposes to pay X amount to a player if agrees to play for them for a month. An offer can be legally banded if accepted, whereas invitation to treat does not. An invitation to treat is just an invitation from one party to another to begin negotiations with the intention of creating an offer. If an offer is made without stating terms, this becomes an invitation to treat, for example, an invitation to treat is when a pharmacy displays a drug in its shelf. An invitation to treat can be linked to a request a buyer send to suppliers asking them for specific information.

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