Manage Changes Flashcards
(20 cards)
Issued by a contracting officer directing changes in the general scope of the contract.
Change Order
A contract modification signed by the contractor and the contracting officer.
Are used to:
Make negotiated equitable adjustments resulting from the issuance of a change order;
Definitize letter contracts; and
Reflect other agreements of the parties modifying the terms of contracts.
Bilateral Agreement/modification (supplemental agreement)
A contract modification that is signed only by the contracting officer.
Are used to:
Make administrative changes;
Issue change orders;
Make changes authorized by clauses other than a changes clause (e.g., Property clause, Options clause, or Suspension of Work clause); and
Issue termination notices.
Unilateral Agreement/Modification
When change orders are not forward priced, they require which documents?
A change order and a supplemental agreement reflecting the resulting equitable adjustment in contract terms.
If contract price or delivery terms or both can be agreed upon in advance which type of document is required?
Only a supplemental agreement need be issued
Which of the following factors indicates that a requested change to a contract should be executed under the Changes clauses rather than as a new procurement?
a. The basic contract purpose has changed
b. The basic function of the supply or service has not changed
c. The changes to the requirements document are rather extensive
d. The dollar magnitude of the change is disproportionate to the original contract price
b. The basic function of the supply or service has not changed
The government awarded a competitive commercial contract to provide 50 automobiles to be used as executive staff transportation vehicles. According to the contract, the place of delivery was the agency’s headquarters in Washington, DC. Prior to delivery, the government decided the place of delivery was incorrect and should be changed to the agency’s new headquarters in Northern Virginia. What is the appropriate action the contracting officer should take?
a. Issue a unilateral modification changing the place of delivery to the agency’s new headquarters building in Northern Virginia since the Changes clause permits changes in the place of delivery
b. Issue a unilateral modification to change the place of delivery, citing the clause at FAR 52.243-1, “Changes—Fixed- Price,” as the contract authority for the modification
c. Take no action because the award of a competitive contract does not permit changes
d. Provide a bilateral modification to the contractor for the change in the place of delivery, since FAR 52.212-4(c) requires that changes in the terms and conditions can only be made by written agreement of both parties
d. Provide a bilateral modification to the contractor for the change in the place of delivery, since FAR 52.212-4(c) requires that changes in the terms and conditions can only be made by written agreement of both parties
Assume you decide the change is in the government’s best interest. What two-part analysis should be used to determine whether this change is authorized by the contract’s Changes clause?
a. The contemplated change must be: (1) allowed by the Changes clause, and (2) within the authority of the contacting officer’s warrant
b. The contemplated change must be: (1) reasonably anticipated by the contracting parties, and (2) all charges must be reasonable, allowable, and allocable
c. The contemplated change must be: (1) within the general scope of the contract, and (2) the type of change allowed by the applicable Changes clause
d. The contemplated change must be: (1) within the scope of the modification, and (2) the type of change typical for the applicable Changes clause
c. The contemplated change must be: (1) within the general scope of the contract, and (2) the type of change allowed by the applicable Changes clause
What is true about a change that adds work outside the general scope of the contract?
a. It is never allowed
b. It is a unilateral modification
c. It is an administrative change
d. It requires either a justification for other than full and open competition (JOFOC) or a new competitive acquisition
d. It requires either a justification for other than full and open competition (JOFOC) or a new competitive acquisition
Implementing contract modifications for which of the following typically involves fact-finding and negotiating with the contractor?
a. Administrative changes
b. Novations
c. Supplemental agreements
d. Unilateral agreements
c. Supplemental agreements
What is true about a change that exceeds the scope of the original contract?
a. It is a breach of contract
b. It is a cardinal change
c. Both a and b
d. None of the above
c. Both a and b
Which statement is true about a cure notice before terminating a contract for inadequate contractor performance?
a. Must be used before the contracting officer takes action based on late delivery
b. Must be used when the delivery date under the contract is in less than 10 days
c. Must allow the contractor at least 10 days to cure the specified deficiency in cases other than a failure to perform or deliver on time
d. Is never required regardless of the specific grounds for the termination
c. Must allow the contractor at least 10 days to cure the specified deficiency in cases other than a failure to perform or deliver on time
A fixed-price contract for noncommercial supplies and services may be terminated for default under the default clause when what occurs?
a. The contracting officer believes that the contractor will have trouble performing in a timely manner
b. The contractor is encouraged to continue performing even though the delivery date has passed
c. The goods are on time and in substantial compliance
d. There has been an inexcusable failure to deliver goods or services at the specified time
d. There has been an inexcusable failure to deliver goods or services at the specified time
Which of the following statements is true?
a. “Termination for cause” describes a termination for contracts for commercial products or commercial services
b. “Termination for default” describes a termination of contracts for commercial products or commercial services
c. “Termination for convenience” describes a termination when the contractor is at fault
d. “Termination for inadequate performance” describes a termination when the government is at fault
a. “Termination for cause” describes a termination for contracts for commercial products or commercial services
- What should the contracting officer do on concluding that the contract was improperly terminated for inadequate performance?
a. Allow the contractor to complete performance even if the government no longer requires the goods or services
b. Convert the termination to one for convenience
c. Reinstate the contract
d. Set aside funds to pay for a breach of contract claim
b. Convert the termination to one for convenience
A firm-fixed-price contract termination for convenience settlement may be accomplished by what action?
a. Costing out under proper invoices or vouchers
b. Settlement expenses based on only the inventory basis and reasonable profit
c. Settlement using the inventory or costing out under proper invoices or vouchers
d. Settlement using the inventory or total cost basis
d. Settlement using the inventory or total cost basis
Which of the statements applies to a contract that may not be terminated for default when the failure to perform is due to a cause beyond the control and without the fault or negligence of the contractor?
a. A work stoppage at a critical subcontractor’s facility that is caused by the subcontractor’s lockout of its employees
b. A lightning strike that destroys a manufacturing plant maintained and operated up to local building codes
c. A fire that destroys the manufacturing plant because of a lack of a sprinkling system in violation of local building codes
d. A failure to deliver on schedule due to employee vacations
b. A lightning strike that destroys a manufacturing plant maintained and operated up to local building codes
What is true about a termination due to inadequate contractor performance?
a. It entitles the contractor to a convenience termination on payment of reprocurement costs
b. It may be issued by a project manager
c. It may only be issued for a late delivery or nonperformance of services
d. It must be in writing and issued by the contracting officer
d. It must be in writing and issued by the contracting officer
In reprocuring widgets after a supply contract was properly terminated due to inadequate contractor performance, what is true about the contracting officer?
a. They do not have to be concerned about mitigating the defaulted contractor’s liability
b. They may conduct the reprocurement without any regard as to time
c. They may not use funds that were obligated for the original terminated contract
d. They must reprocure items or services that are substantially the same to those that were required under the terminated contract
d. They must reprocure items or services that are substantially the same to those that were required under the terminated contract
Which of the following is not a reason to terminate a contract for default or cause?
a. Due to a technological breakthrough, the government no longer needs the supplies originally ordered under the contract
b. The government anticipates that the contractor will not perform its obligations under the contract
c. The contractor failed to deliver the supplies or perform the services within the time specified
d. The contractor failed to make progress so as to endanger performance
a. Due to a technological breakthrough, the government no longer needs the supplies originally ordered under the contract
