Procurement Rules & Contract Administration Flashcards by Martina Vannevel

The Director of DAS delegates authority to the heads of authorized agencies, on the condition that the heads of authorized agencies sub-delegate such authority to their agencies’ _____________, or retain the authority themselves.

A. Designated Procurement Officer
B. Delegated procurement Officer
C. Chief Procurement officer
D. Deputy procurement officer

Designated Procurement Officer

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_____________ is the general provision for Public Contracting: It includes how Procurement Authority works, Contract Preferences, Intergovernmental Relations, Surplus properties and Penalties.

279A

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_____________ is the chapter that provides details of how to conduct public improvement, public works, construction services, and architectural & engineering services, related procurement

279C

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A______________is the practice of crediting and referring to authoritative documents and sources. ___________s are like addresses, they follow a specific formula which leads to each location.

Citation

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ORS 200 deals with program rules and procedures that encourages minorities, women, service-disabled veterans and emerging small business to participate in the state’s economy and is known by which acronym:

A. EBS
B. RFP
C. OrCPP
D. COBID

COBID

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Gives the authority to Designated Procurement Officers (DPO) to sub-delegate the authority to execute contracts to individuals within their respective agency?

A. Oregon Revised Statues (ORS)
B. Oregon Administrative Rules (OAR)
C. None of the above
D. Both A and B

D. Both A and B

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Collectively, Oregon Revised Statues 279 A,B,C are defined as the ______________.

A. Public Contracting Code
B. Intergovernmental Agreement Codes
C. DOJ Model Rules
D. COBID Statue

Public Contracting Code

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Why is it important to be familiar with ORS 244?

A. ORS244 provides right to enter into an agreement with another government unit
B. ORS 244 outlines additional miscellaneous procurement statues
C. ORS 244 outlines procurement ethics
D. ORS 244 provides agencies with procurement authority

ORS 244 outlines procurement ethics

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True or False : Agency policy can be less restrictive than the Oregon Revised Statues

False

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Which statue citation is written correctly according to the SoS Archives Division guidelines and standard rule-writing format?

A. ORS 279A-050(1)(A)(i)
B. ORS 279A.050(B)(ii)(2)
C. ORS 279A.050(3.2)(a)(ii)
D. ORS 279A.050(4)(b)(A)(ii)

D
ORS 279A.050(4)(b)(A)(ii)

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This provision of Oregon Law grants the Director of DAS the authority to conduct procurement for all state agencies:

A. ORS 279B.050
B. ORS 279C.025
C. ORS 279A.140
D. None of the above

C
ORS 279A.140

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Which chapter purpose encourages and assist individuals with disabilities to achieve maximum personal independence through useful and productive gainful employment?

A. ORS 279
B. ORS 279A
C. ORS 200
D. ORS 244

A. ORS 279

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The ___________, through the promulgation of statues ( principally 279 A, B ,) grants authority the State Agencies to conduct procurement for the State.

A. Public
B. Governor
C. Legislature
D. Attorney General

C. Legislature

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True or False: DOJ Model Rules only apply to Department of Justice (DOJ) procurement.

False

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On Which website do you look for all administrative rules?

A. Department of Administrative Service
B. Oregon Legislature
C. Secretary of State
D. Department of Justice

C.
Secretary of the State

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Which chapter allows government units the opportunity to share resources with one another?

A. ORS 194
B. ORS 190
C. ORS 200
D. ORS 279

B. ORS 190

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Place the directives in order of broadest to narrowest:

Federal Law
Policies and Procedures
Oregon Revised Statues (ORS)
Oregon Administrative Rules (OAR)
Terms & Conditions
Governor’s Executive Order
Oregon Constitution

Federal Law
Oregon Constitution
Oregon Revised Statues
Oregon Administrative Rule
Governor’s Executive Order
Policies and Procedures
Terms & Conditions

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True or False: Designated Procurement Officers may sub-delegate the authority to execute contracts to individuals within their respective agency.

True

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A contracting agency may, in exercising authority granted under State Statue, adopt_______________ necessary to carry out the provisions of the Public Contracting Code.

A. Oregon Administrative Rule (OAR)
B. Federal Acquisition Regulation (FAR)
C. Uniform Commercial Codes (UCC)
D. Contract Terms and Conditions (T&C)

A. Oregon Administrative Rule (OAR)

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Statue allows Agencies with procurement authority to adopt rules necessary to carry out the provisions of the Public Contracting Code. If an Agency writes its own rules, do DOJ Model Rules apply?

A. Yes
B. No
C. Agencies can not make rules, only DOJ can
D. Agency have to follow both theirs’s & DOJ model rule

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True or False: DOJ Model Rules only apply to Department of Justice (DOJ) procurements.

False

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TRUE or FALSE: The CAP is a critical part of the contract handover from the procurement professional to the Agency contract administrator

TRUE
The CAP is a critical part of the contract handover from the procurement professional to the Agency contract administrator

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TRUE or FALSE: The CAP can be used to add work to the contract as long as you don’t need to exceed the amended value of the contract

FALSE

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The individual responsible for developing the contract administration plan is:
A. the procurement professional
B.the project manager
C. the contractor
D. the contract administrator

D. the contract administrator

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TRUE or FALSE: The CAP can be used to add work to the contract as long as you don't exceed the amended value of the contract.

FALSE

The contractor can use the Contract Administration Plan(CAP) to: A. help win a competitive bid for a state contract B. protest requirements in the solicitation C. request special terms and conditions D. none of the above

D. none of the above

What are the common methods of monitoring and evaluating a contractor's deliverables? (Select all that apply) A. Onsite visits B. Monthly/quarterly reports from contractor C. User surveys/feedback D. Survey checklist

A contract administration plan (CAP) is a .............: A. management tool B. Risk reducing tool C. Project Plan D. none of the above

A. management tool

What information should be in your checklist for contract close-out? (Multiple choices) A. List of all deliverables approved or rejected B. Proof of paying all invoices C. Retention Schedule D. Collection of all State property and access keys E. Signed approval from Agency Director F. None of the above

What information should be included in the payment plan? A. Invoice tracking document B. Deliverable timeline and payment schedule C. A copy of Oregon Accounting Manual D. Agency Director's contact information

D. Agency Director's contact information

When is it recommended to develop the contract administration plan (CAP)? A. During the kick-off meeting B. Before the 1st kick-off meeting C. During the solicitation stage D. Before accepting the 1st deliverable

B. Before the 1st kick-off meeting

TRUE or FALSE: Legal sufficiency is not needed if a contract has a clearly written Statement of Work and a developed contract administration plan.

FALSE

What information is not needed in the contract administration plan (CAP)? A. Project history B. Insurance requirements C. Deliverable deadlines D. Invoice approval process

B. Insurance requirements

TRUE or FALSE: Instructions for directing the vendors' daily work is included in the contract administration plan (CAP)

FALSE

TRUE or FALSE: A CAP is best suited for simple projects.

FALSE

What are the common elements of a contract administration plan (CAP)? (Multiple) A. Deliverable timeline B. Project budget/invoice trackers C. DOJ's legal sufficiency approval letter D. Communication plan E. Defined performance criteria and monitoring plan F. Risk Management tool

A. Deliverable timeline B. Project Budget/invoice tracker D. Communication Plan E. Defined performance criteria and monitoring plan

PROCUREMENT PROFESSIONAL

Person authorized to use appropriate procurement methods to acquire goods, services or materials for public purchase

CONTRACT ADMINISTRATOR

Individual designated in Writing by Authorized Agency, by name or position description, to conduct the contract administration of Contract of class of Contracts

PROJECT MANAGER

The person in charge of the overall planning and execution of a particular project

What is CAP (Contract Administration Plan)?

Management tool\ helps contract administrators focus and govern implementation activities and outputs from the contractor The main framework focus on process, outputs and outcomes

What is in CAP:

Project description Communication Plan Deliverables Monitoring Plan Acceptance Plan Remedies Amendments Payment Plan Close-Out

Project description (CAP ELEMENT) summary

Length of time (Effective date & Expiration date) Targeted Budget Project History

Communication Plan (CAP ELEMENT)

Stakeholders RACI Matrix (Responsible Accountable Consulted Informed)

Deliverables (CAP ELEMENT) summary

Task summary Schedule Restriction on work environment

Monitoring (CAP ELEMENT) summary

Reasons why to monitor contract: 1. Comply with Ts and Cs 2. Follow laws and regulations 3. Keep progressing towards the contract outcome 4. Communicate any problems, disputes or delays 5. Provide quality deliverables

Monitoring (CAP ELEMENT) activities

User feedback On-site review & observation Contractor Report

Acceptance plan (CAP ELEMENT) summary

Delivery Requirements (On-time & Location) Quality assessment (Performance evaluation)

Remedies (CAP ELEMENT) summary

are designed to correct the course of a contract by putting it back on track Includes: suspending the contract withholding payments suing for damages righting of setoff, and ultimately termination

Amendments (CAP ELEMENT) summary

Written modification to the terms and condition of a Public Contract, other than Changes to the Work

Payment Plan (CAP ELEMENT) summary:

Approval Process ( who will review, approve invoices, hold invoice) Payment schedule Documentation and invoice templates

Close-out (CAP ELEMENT) summary:

Checklist: all invoices have been submitted and paid all required documentation has been gathered know the retention requirements all means of access and all property to the state are returned all documents generated and associated with the contract are filed away

Contract Administration Steps (10)

1. Review Contract & Attach documents 2. Kick-off Meeting 3. Refine and update CAP as needed 4. Set up reminders to review key milestones 5.Hold progress meetings 6. Ensure on-time and on budget 7. Document communication 8. Submit documentation 9. Pay contractor 10. Prep Lesson Learned

What is Kick-off meeting?

Formally notify all project team members, the contractor, and stakeholders that project has begun- soon after the contract has been awarded This is NOT the time to make contract changes or renegotiate contract terms Everything and everyone involved in the contract come together (not every contract needs kick-off meeting, low value and simple once can be done by a simple call)

Kick-off meeting

CAP Communication Plan Delivery Schedule Payment Requirements Supply & Service Expectations (specific, spelled out in details Remedy info) Amendment and Change Order ( who has authority to approve or deny)

The_____________ stage of a procurement is where we look at strategies to mitigate or avoid potential procurement risks and difficulties. A. Planning B. Procure C. Administer D. Close-out

A. Planning

The four corners of a contract include all of the following except: A. Offer and Acceptance B. Consideration C. Written Terms D. Lawful purpose E. Competent Parties

C. Written Terms

All of the following can be considered successful contract administration outcomes except: A. Both parties to the contract get a fair deal B. Rights of both parties are protected under the law C. The agency gets the right product or service, on time and for the right price D. End user satisfaction E. Over billing/Under payment

E. Over billing/ Under payment

The following are all reasons to Terminate a contract for Cause (Default) except: A. Breach B. A failure to perform or make progress C. The contract is not being used D. Non-compliance with contract terms E. Failure to proceed or act upon a change order or amendment

C. The contract is not being used

TRUE or FALSE: The designated Contract Administrator must be aware, and it is strongly recommended they be involved, in all stages/phases of the contract cycle.

TRUE

TRUE or FALSE: Contract Management is defined in Statue and Administrative Rule.

FALSE

Before issuing a payment to a vendor the Contract Administrator should do all of the following except: A. Review the contract requirements B Inspect deliverables C. Provide documentation for items that are invoiced, hours that are worked or other billable items D. Approve the payment based on vendor promise of delivery

D. Approve the payment based on vendor promise of delivery

Any person conducting any part of a Procurement or any part of administering a Contract for a state Contracting agency, after December 31, 2018, who does not have education, training, professional experience, or a combination thereof must: A. Have a Written delegation from a person who currently meets the standards B. Obtain an Oregon Procurement Basic Certification within 6 months of filling a procurement position B. Obtain an Oregon Procurement Basic Certification within 6 months of filling a procurement position C. Have their actions directly reviewed and approved by a person who currently meets the standards and requirements D. A and C E. None of the above, this rule doesn't exist

D. A and C Have a Written delegation from a person who currently meets the standards AND Have their actions directly reviewed and approved by a person who currently meets the standards and requirements

The _______________defines how the contract will be managed and performance will be documented, monitored and controlled. A. Contract Administration Plan B. Contract Communication Plan C. Cure Notice D. Solicitation

A. Contract Administration Plan

True or False: In order for a contract to be legally binding it must be in writing

False

True or False: An example of a Termination for convenience would be in the vendor fails to proceed or act upon a change order or amendment.

False

The ___________grants authorization to Oregon government agencies, in the form of record retention schedules, for the retention and disposition of public records in their custody A Contract Administrator B. Designated Procurement Officer (DPO) C. State Archivist D. Chief Procurement Officer (CPO)

C. State Archivist

Of the 4 adjustments to a contract mentioned in the Learning Event, which deals with the situation when a supplier transfers ownership of a company A. Amendment B. Change Order C. Reassignment D. Termination

C. Reassignment

All of the following are basic dispute resolution practices except: A. Be proactive in solving little problems before they become big problems B. Communicate with stakeholders and suppliers C. Always err in favor of the vendor D. Use dispute resolution steps according to the contract E. Document steps taken to resolve issues

C Always err in favor of the vendor

4 Corners or a Contract

Offer and Acceptance Consideration Lawful purpose Competent Parties

Definition A written agreement between two or more parties that creates a legally enforceable obligation to do/ or not to do a particular thing....

CONTRACT

Definition All functions related to a given contract, including Amendments, between an Agency and a Contractor from the time the Contract is signed by all parties until the Work is completed and accepted or the Contract is terminated, final payment has been made , and any disputes have been resolved.

Contract Administration

Definition Defines how the contract will be managed and performance will be documented, monitored and controlled.

Contract Administration Plan (CAP)

Definition The officer, employee or other individual designated in Writing by Authorized Agency, by name or position description, to conduct the Contract Administration of a Contract of class of contracts.

Contract Administrator

Definition A meeting to discuss the elements of the Contract Administration Plan (CAP) with all parties to the contract.

Contract Kickoff Meeting

Definition Compromised of the entire contracting process, from pre-solicitation activities through contract closeout

Contract Management

Definition Key divisions of tasks that comprise the procurement process

Procurement Stages

Definition A sale or other disposal, or a purchase, lease, rental or other acquisition, by a contracting agency of personal property, services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.

Public Contract

True or False: Public contract includes grants.

FALSE

True or False: The document retention schedule for invoices is one year from the date of contract closeout

FALSE

TRUE or FALSE: DAS Administrative Rule says, that the contract administrator has 30 days to reject a deliverable.

FALSE

True or False: You can only inspect a deliverable if the ability is stated in the contact.

FALSE

The method to inspect a deliverable should be ______________________? A. in the contract under performance criteria B. in the contract under acceptance criteria C. in the contract under the evaluation section D. in the contract under administration plan

B. in the contract under acceptance criteria

If the contractor is not informed of an deliverable rejection within the agreed upon timeline stated in the contract, the agency: A. Can still reject the deliverable, but must give the contractor time to amend the issue B. Must accept the deliverable because the rejection had to be done within the timeframe C. Can still reject the deliverable by writing an amendment to the contract D. Must accept the deliverable because the rejection was not for a legal reason

not A

True or False: Invoice details should match deliverable; and deliverable dates should match the agreed upon schedule.

TRUE

Fred is reviewing a signing a State check to pay a contractor. Which authority allows him to do this? A. Budgetary Authority B. Financial Authority C. Expenditure Authority D. Procurement Authority

A. Budgetary Authority

Which is NOT a standard business practice in invoice review? A. Verify the goods or services have been accepted B. Verify charges against the contract C. Make sure the invoice has not already been paid D. Cancel all amendments at contract closeout

D. Cancel all amendments at contract closeout

True or False: The payment of an invoice is acceptance of a good or service

True

Select which is nor a best practice inspection practice. A. Product sampling or testing B. Contractor's certification C. Compliance checklist D. Performance evaluation

B. Contractor's certification

True or False: An agency can retroactively amend the cost of a deliverable after the invoice has been paid.

FALSE

True or False: The procurement professional is the only person who can write a rejection letter to the contractor.

TRUE

True or False: The contract administrator is the person ultimately responsible for reviewing, processing and tracking invoices and budget.

TRUE

True or False: Contractor can submit an invoice for items not expressly covered in the contract

FALSE

True or False:Procurement authority is an individual's authority to commit or encumber funds, financially obligate the agency, and decide to expend funds.

FALSE

True or False: You can only inspect a deliverable if the ability is stated in the contract.

FALSE

True or False: Oregon Revised Statue required agencies to accept the entirety or non of a deliverable.

FALSE

When looking for guidance on what you need to process an invoice you would refer to: A. DOJ model rules B. The Oregon Accounting Manual C. The Contract D. Both A and B

D. Both A and B

Agency A orders 100 suits and full tailoring from contractor A. Four of the suits were too small. What should Agency A do? (Select the best response) A. Nothing B. Reject 4 wrong suits and provide the contractor time to replace C. Reject all the suits D. Reject 4 wrong sized suits ad deduct the reduce the cost from the inventory.

Procurement Rules & Contract Administration Flashcards

(97 cards)