Assignment brief
In any organisation, a significant element of the procurement and supply function is based around the contracting process. If they are to be successful, contracts must be clearly defined, aligned with legal requirements and contain key clauses and terms. This module is applicable for all procurement and supply professionals as it highlights legal principles that professionals should consider when developing contractual relations.
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L4M3 Commercial Contracting Assignment Brief
| Qualification | CIPS Level 4 Diploma in Procurement and Supply (603/3924/X) |
| Module Name | Commercial Contracting |
| Module Code | L4M3 |
| Credits | 6 |
| Level | 4 |
| Type | Core Module |
| Exam Duration | 1.5 hours |
| Module Learning Time | 60 hours |
Module Purpose
On completion of this module, learners will be able to describe the key elements and legal aspects of formal commercial contracts, analyse and interpret the fundamentals of specifications and key performance indicators that are included in contractual arrangements made with suppliers.
Module Aim(s)
In any organisation, a significant element of the procurement and supply function is based around the contracting process. If they are to be successful, contracts must be clearly defined, aligned with legal requirements and contain key clauses and terms. This module is applicable for all procurement and supply professionals as it highlights legal principles that professionals should consider when developing contractual relations.
Learning Outcomes, Assessment Criteria and Indicative Content
1.0 Understand the legal issues that relate to the formation of contracts
| Assessment Criteria | Indicative Content |
|---|---|
| 1.1 Analyse the documentation that can comprise a commercial agreement for the supply of goods or services |
1.1.1 Invitation to tender or request for quotation 1.1.2 Specifications 1.1.3 Key performance indicators (KPIs) 1.1.4 Contract documentation 1.1.5 Pricing and other schedules (such as for health and safety records, details of supplier’s staff, use of sub-contractors, non-disclosure/confidentiality agreements) |
| 1.2 Analyse the legal issues that relate to the creation of commercial agreements with customers or suppliers |
1.2.1 Invitation to negotiate, also known as invitation to treat in English law 1.2.2 Principles relating to offer and acceptance, consideration, intention to create legal relations and capacity to contract 1.2.3 Principles relating to the battle of the forms and precedence of contract terms 1.2.4 Risks presented by contracting on supplier’s terms 1.2.5 Risks presented by contracting oral contracts 1.2.6 The Vienna Convention provisions for the International Sale of Goods and the impact on the formation of a contract 1.2.7 Misrepresentations made at pre-contract award stages |
| 1.3 Compare types of contractual agreements made between customers and suppliers |
1.3.1 One-off purchases 1.3.2 Framework arrangements and agreements 1.3.3 The use of mini-competitions 1.3.4 Call offs 1.3.5 Services contracts 1.3.6 Contracts for the hire and leasing of assets |
2.0 Understand the fundamentals of specifications and key performance indicators that are included in contractual arrangements made with suppliers
| Assessment Criteria | Indicative Content |
|---|---|
| 2.1 Analyse the content of specifications for procurement activities |
2.1.1 Benefits and risks of market dialogue with suppliers 2.1.2 Drafting of specifications to form a binding legal document |
| 2.2 Appraise examples of key performance indicators (KPIs) in contractual agreements |
2.2.1 Defining contractual performance measures or key performance indicators (KPIs) 2.2.2 The use of service level agreements (SLAs) 2.2.3 Typical KPI measures to assess quality performance, timeliness, cost management, resource efficiency and delivery |
3.0 Understand the key clauses that are included in formal contracts
| Assessment Criteria | Indicative Content |
|---|---|
| 3.1 Analyse sources and purpose of contractual terms for contracts that are created with external organisations |
3.1.1 Express and implied terms: understand the role or use of different types of contract terms 3.1.2 The use of standard terms of business by both purchasers and suppliers 3.1.3 The use of model form contracts |
| 3.2 Recognise examples of contractual terms typically incorporated into contracts that are created with external organisations |
3.2.1 Key terms in contracts for indemnities and liabilities, sub-contracting, insurances, guarantees and liquidated damages 3.2.2 Terms that apply to labour standards and environmental, social and governance issues |
| 3.3 Recognise types of pricing arrangements in commercial agreements |
3.3.1 The use of pricing schedules 3.3.2 The use of fixed-pricing arrangements 3.3.3 Cost-plus and cost-reimbursable pricing arrangements 3.3.4 The use of indexation and price adjustment formulae 3.3.5 The use of incentivised contracts 3.3.6 Payment terms |
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