Chapter 2 Flashcards

1
Q

Definition of a Contract

A

“A contract is an agreement to do or not to do a certain thing.” (CC § 1549.)

-It’s an obligation or legal duty enforceable in an action at law
-Contract = Agreement (in SCM)

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2
Q

Elements of a Valid Contract

A

-Identification of the parties

-Term for the performance or completion of contract

-Encumbrance of funds

-Consideration (must clearly express the maximum amount to be paid and the basis on which payment is to be made)

-Scope and deliverables (The work, service, or product to be performed, rendered, and/or delivered)

-Other general or unique terms and conditions of the agreement

-Signature by a person for each party who is authorized to bind that party

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3
Q

Authority to sign a Contract

A

A State agency’s authority to contract is limited to those officers who either have statutory authority or have been duly authorized in writing by one who has statutory authority.

-Anyone signing should have sufficient knowledge in the area of contracting and the goods or services being procured.

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4
Q

Audit by State Auditor

A

When required: All contracts over $10,000

Law/Statue: GC § 8546.7

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5
Q

Nondiscrimination clause

A

When required: All contracts

Law/Statue: GC § 12990

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5
Q

Audits and access to records

A

When required: For contracts subject to DVBE goals

Law/Statue: PCC § 10115, et seq. 2 CCR § 1896.60, et seq.

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6
Q

Antitrust Claims

A

When required: All competitively bid contracts

Law/Statue: GC § 4550, et. seq.

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6
Q

Statement of compliance

A

When required: Contracts $5,000 or over when not in bid documents

Law/Statue: 2 CCR § 11109

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7
Q

Americans with Disabilities Act (ADA)

A

When required: All contracts

Law/Statue: 2 CCR § 11109

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8
Q

National Labor Relations Board

A

When required: All contracts

Law/Statue: PCC § 10296

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9
Q

Drug-free workplace

A

When required: All contracts

Law/Statue: GC § 8350, et seq.

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10
Q

Progress payments

A

When required: All contracts where progress payments will be made

Law/Statue: PCC § 10346

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11
Q

Recycled Content Products

A

When required: All contracts

Law/Statue: PCC §§ 6615, 12201(c), 12205

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12
Q

Termination & Amendments

A

When required: All contracts

Law/Statue: GC § 11010.5

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13
Q

Expatriate Corporations

A

When required: All contracts

Law/Statue: PCC § 10286.1

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14
Q

Priority hiring considerations

A

When required: Contracts in excess of $200,000

Law/Statue: W&I §§ 11200, 11349 PCC § 10353
2 CCR § 1896.30

15
Q

Resolution of contract disputes

A

When required: All service contracts should; consulting services must; public works contracts may

Law/Statue: PCC §§ 10381, 22200, et seq.

16
Q

Validity

A

When required: All contracts requiring DGS approval

Law/Statue: PCC §§ 10295, 10335

17
Q

Subject to availability of funds

A

When required: All contracts signed before approval of budget

Law/Statue: State and Federal budgets