Contracting Exam 3 Flashcards
(105 cards)
1
Q
*What are the 6 Essential Contract Elements
A
- Mutual Assent 1. Mutual Assent: (Valid Offer & Acceptance “Meeting of
the Minds”). - Consideration (Each party receives something of value)
- Capacity (Competence & Authority).
- Lawful Purpose(Obey the FAR & Statutes, Anti Deficiency)
- Certainty of Terms (Clear terms)
- Form provided by law (Written, Oral, Implied through
conduct)
2
Q
*Types of Contracting Authority are
A
- Express
- Implied
- Apparent
3
Q
*What is Express Authority?
A
• Contracting Officer authority through formal appointment • Authority is limited • Appointed on an SF 1402 (warrant) • May delegate some duties
4
Q
*Implied Actual Authority is?
A
• Some authorized reps may have implied actual
authority
• Inspectors may have this type of authority
when they are authorized to accept/reject
work
5
Q
*Apparent Authority
A
Apparent authority not recognized in
Government
6
Q
What is are unauthorized commitments?
A
An unauthorized commitment is an agreement
that is not binding solely because the Government
representative who made it lacked the authority
to enter into that agreement on behalf of the
Government
7
Q
*What is ratification?
A
The act of approving an
unauthorized commitments by an official who has
the authority to do so.
8
Q
*Ratification
A
• The authority to ratify may be exercised only
when‐
– Supplies or services have been provided to and
accepted by the Government, or the Government
otherwise has obtained a benefit resulting from
performance of the unauthorized commitment;
– The ratifying official has the authority to enter into
a contractual commitment;
9
Q
*What type of authority does a KO have?
A
Express Authority
10
Q
*Does the government recognize apparent authority?
A
No
11
Q
What is the most common form of issuing a solicitation?
A
Standard Form 1449, Solicitation/Contract/Order
for Commercial Items
12
Q
What is a provision?
A
A written term or condition used
only in SOLICITATIONs and applies only before contract
award.
13
Q
FAR Part 52.212-1 is:
A
Instructions to Offerors‐Commercial Items, by
reference
14
Q
FAR Part 52.212-3 is:
A
Offeror Representations and Certifications‐
Commercial Items
15
Q
Required FAR Clauses (Solicitations)
A
Clause at 52.212‐4, Contract Terms and
Conditions – Commercial Items, by Reference
• Clause at 52.212‐5, Contract Terms and
Conditions Required to Implement Statutes or
Executive Orders – Commercial Items
16
Q
*What is a Clause?
A
A term or condition that is used in a
Solicitation and a contract
17
Q
*There are only ___ provisions and ___ clauses that are mandatory for commercial item solicitation.
A
2, 2
18
Q
______shall be evaluated for negotiated
competitive procurements exceeding the SAT
A
Past performance
19
Q
What are the two best value evaluations?
A
– Trade‐off process, or;
– Lowest Price Technically Acceptable (LPTA) process
20
Q
You are required to put 3 provisions and 3
clauses in solicitations for commercial items.
A
False
21
Q
What is a solicitation?
A
A document sent to prospective
contractors by a Government agency, requesting
the submission of offers or information.
22
Q
What are the 3 types of solicitations?
A
– Requests for Quotations (RFQs)
– Invitation for Bids (IFBs)
– Requests for Proposals (RFPs)
23
Q
What should be done if mistakes are disclosed before award?
A
If the bidder alleges a
mistake, the matter shall be processed in accordance with this FAR
section 14.407.
24
Q
what is the Approval level for mistakes at bids?
A
Approval levels under FAR 14.407 for Army are each PARC who shall exercise the authority in coordination with the activity’s
Chief Legal Officer
25
Contracting Officers shall purchase supplies and
| services from responsible sources at ______.
fair and
| reasonable prices.
26
*What is price reasonableness?
the determination that a
price is consistent with what a prudent buyer
would be willing to pay given market conditions
and other factors
27
What is PPIRS?
- Past Performance Information Retrieval System (PPIRS)
- is the Government‐wide,
web‐based system, that provides timely and pertinent contractor past performance
information.
- PPIRS is the primary source for past performance.
28
Within __ days after the date of contract award,
the contracting officer shall provide written
notification to each offeror whose proposal
was in the competitive range, but was not
selected for award
3
29
The debriefing should occur within ____ after receipt of
| the written request.
5 days
30
What is the primary source to get a contractor's
past performance data when conducting source
selections?
PPIRS
31
FAR part 33
Protest
| Procedures
32
*Define Protest
a written
objection by an interested party to a solicitation or a
award of a contract by or for a federal agency.
33
Define interested party
An “interested party” is defined to include any
offeror or prospective offeror whose direct
economic interest would be affected by the award of
a contract or by the failure to make the award
34
*After a debriefing is requested the KO has ___days to
provide the debriefing
(Unsuccessful Offeror Procedures)
5 days
35
*KTR must request a debriefing within ____ days of
notification of contract award
(Unsuccessful Offeror Procedures)
3 days
36
*KOs must notify all unsuccessful offerors of the
award results no later than ___ days after contract
award
(Unsuccessful Offeror Procedures)
3 days
37
*protests shall be filed no later than
____ after the basis of protest is known or should have
been known, whichever is earlier.
(Time Limits on Filing Protests)
10 days
38
___days after contract award, or within __days after a
debriefing date offered to the protester, whichever is later
(Time Limits on Filing Protests)
10 days, 5 days
39
what are the 3 forums the protestor can choose to file the protest?
- Agency
- Government Accountability Office (GAO)
- U.S. Court of Federal Claims
40
The agency has ___ days to resolve protests after the protest is filed.
35 days
41
The GAO has ___ calendar days to make a
decision from the time a protest is filed or
___ days if the express option is used
100, 65
42
When a protest is filed, the protester must
| notify the KO within ___ day of filing with GAO
1 day
43
GAO may dismiss the protest if protester
| fails to furnish a copy within the ___ day
1 day
44
After a debriefing is requested the KO has __day(s)
| to provide the debriefing
5
45
When a protest is submitted to GAO the protester has
| 30 days to furnish the KO with a copy.
False
46
What forum(s) can a contractor use to submit a protest?
Agency, GAO, and U.S. Court of Federal Claims
47
How much time is the GAO normally given to process a
| protest?
100 days
48
What is the Agency deadline to resolve protest?
35 days
49
What part of the FAR address Protests?
FAR part 33
50
Contract administration_____.
Involves those activities
performed by government officials after a contract
has been awarded.
51
Contract Administration includes:
```
– Initiation of Work
– Contract Performance Management
– Issuance of Changes and Modifications
– Approval of Payment Requests
– Contract Closeout
– Contract Termination.
```
52
Things to consider when determining whether a postaward
| orientation is necessary:
– Type, value, and complexity of the contract
– When there are indications that the contractor lacks a
clear understanding of the requirements in the contract
53
what are the 2 major types of post-award orientations?
- Letter
| - Formal Conference
54
what should be done when conducting the orientation?
Inform the KTR about “partnering”, which is a technique of
| Alternative Dispute Resolution (ADR) to resolve disputes
55
Are Post award orientations always required?
No
56
What is partnering?
A Technique of ADR
57
What is contract administration?
All activities after contract award
58
Do you administer all contracts the same way?
No
59
Part of the FAR that requires Acquisition plans
| be written?
FAR 7.105(b)(19)
60
What are Excusable Delays?
- Protect the contractor from sanctions for late
performance when the event is:
- “beyond the control” of the contractor;
- without “fault or negligence” of he contractor;
- Unforeseeable
61
Excusable delays cited in contract clauses are:
- Strikes
- Weather
- Government Acts (contractual or sovereign)
- Floods
- Fires
- Epidemics
- Freight embargoes
- Acts of God ‐‐‐ singular, unexpected and irregular
visitation of a force of nature
62
Contracting offices are responsible for
coordinating with the technical end user and
quality org to obtain:
- Specifications for inspection and test
- Quality Assurance Surveillance Plan (QASP) for
services (usually used & developed by the COR)
63
Only contracting officers are empowered to
execute modifications on behalf of the
Government. (true or false)
True
64
What are the 2 type of modifications?
- Unilateral and
| - Bilateral
65
Unilateral Modifications____.
Only contracting officer’s signature needed
66
Bilateral Modifications____.
Requires the signature of the Contracting Officer
| and the contractor
67
An “in‐scope” modification does not:
– Place an undue burden on the contractor
| – Does not disrupt the competitive aspect
68
A Constructive Change is____.
an oral or written act or failure to act by Government
official (in a position of authority) construed by
contractor as having same effect as a written change
order
69
______ means a Government
disbursement of monies to a contractor under a
contract or other authorization after acceptance
supplies or services by the Government
Delivery payment
70
______means an
authorized Government disbursement of monies to
a contractor prior to acceptance of supplies or
services by the Government
Contract financing payment
71
FAR Part 32
Contract Financing
72
Why provide contract financing ?
- To expedite the performance of essential contracts
- Increase competition
- High dollar production
- Aid Small Business
- Meets contractors need/minimizing Government risk
73
Contract financing payments includes:
- Advance payments (Least preferred) financing method
- Performance-based payments(Preferred financing
method)
74
The Prompt Payment Act:
Obligation to pay every "proper invoice" within 30
days after its receipt
- 14 days for construction
75
What is the least preferred contract financing method?
Advanced Payment
76
_____ is a written demand or written assertion by one of
the contracting parties seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising
under or relating to the contract
Claim
77
____ is the date when all events, that fix the
alleged liability of either the Government or the contractor
and permit assertion of the claim, were known or should
have been known
Accrual of a claim
78
_____ is any type of procedure or
combination of procedures voluntarily used to resolve
issues in controversy
Alternative Dispute Resolution
79
______ is a certificate which alters or otherwise
deviates from the language g g in 33.207(c) or which is not executed
by a person duly authorized to bind the contractor with respect
to the claim.
Defective Certification
80
Issue in controversy is:
A material disagreement between the
Government and the contractor that:
- May result in a claim
- Is all or part of an existing claim
81
_____ is a false statement of substantive fact,
or any conduct which leads to the belief of a substantive fact
material to proper understanding of the matter in hand, made
with intent to deceive or mislead
Misrepresentation of fact
82
The Contract Disputes Act of 1978:
Establishes procedures and requirements for asserting and
| resolving claims subject to the Act
83
The Contract Disputes Act of 1978 also provides for:
-Payment of interest on contractor claims
- Certification of contractor claims
- Civil penalty for contractor claims that are fraudulent or based on a
misrepresentation of fact
84
Contract Disputes Act applies to:
any express or implied
| contract covered by the Federal Acquisition Regulation
85
Contractor’s have _____ to file a claim unless the parties
| agree to a shorter time period
6 years
86
After review of the claim and all associated facts to include
legal review, the contracting officer has 60 days to issue a
final decision. (True or False)
True
87
Any claim exceeding $100,000 shall be certified in writing
| by the contractor (True or False)
True
88
FAR Part 49
Terminations
89
_____ the exercise of the Government’s
right to completely or partially terminate performance of work
under a contract when it is in the Government’s interest
Termination for Convenience
90
_____ the exercise of the Government’s right
to completely or partially terminate a contract because of the
contractor’s actual or anticipated failure to perform its
contractual obligations
Termination for Default
91
_____the exercise of the Government’s right
to terminate a contract because of the contractor’s failure to
deliver goods / services or otherwise breaches a COMMERCIAL
contract
Termination for Cause
92
A settlement agreement is:
a written agreement in the form
of a contract modification settling all or a severable portion
of a settlement proposal
93
A settlement proposal:
A proposal for effecting settlement
of a contract terminated in whole or in part, submitted by a
contractor or subcontractor in the form, and supported by
the dated, required by Part 49 of the FAR
94
A notice to the contractor that the
| government is considering a termination for default.
Show cause notice
95
A show cause notice allows the contractor to “show cause” as to why
they should not be terminated (True or False)
True
96
Show cause notice is issued when?
there is not sufficient time to cure the
| deficiency
97
The contracting officer shall effect a no‐cost settlement
| instead of issuing a termination notice when—
When the price of the undelivered balance of the contract
is less than $5,000, the contract should normally not be
terminated for convenience but should be permitted to run
to completion
98
Must be “10” days left in the contractor period of
| performance to issue a “cure notice” (True or False)
True
99
If you are trying to T4D a small business concern, the
contracting officer shall provide a copy of any cure or show
cause notice to the _______.
Small Business Administration
100
The closeout time standard for Simplified acquisition procedures is:
upon receipt of
| evidence of physical completion.
101
The closeout time standard for FFP contracts (not using SAP) is:
six months
| after the receipt of physical completion
102
The closeout time standard for Contracts requiring settlement of indirect rates is:
36
| months after receipt of physical completion
103
Contract is considered to by physically completed when:
-The contractor has completed required deliveries and
Government has inspected and accepted
-The contractor has performed all services and
Government has accepted
- All options provisions, if any have expired
OR
- The Government has given the contractor a notice of
complete contract termination
104
DD Form 1597 is ?
Contract Closeout Check‐List
105
The Contract Completion Statement is DD Form____.
1594
