Chapter 3 Guiding Principles Flashcards
What agency has the binding authority to “settle all accounts” of the government (i.e. to determine whether a particular use of funds is proper)?
The Government Accountability Office
Fenway Company verbally agreed to purchase 5 fans from Top Fans Inc., at the total price of $476.20. Top Fans Inc. delivered two of the fans but has not delivered the other 3 fans. Fenway paid for the 2 fans delivered. Which of the following is true?
Although Top Fans already delivered, and Fenway accepted, the 2 fans, Top Fans can still provide a written notice of its objection to the contract to preclude it from being enforced
Which of the following is an underlying concept in the UCC applicable to contracts?
There must be a written record of any contract for the sale of goods of $500 or more in order to be enforceable
Which of the following describes perfect competition?
Many independent buyers; many independent sellers; easy entry to market; balanced pricing between buyers and sellers
The Uniform Commercial Code:
Is a primary source of guidance in the commercial contracting community
Which of the following is an example of a record?
Executed contract
Maintaining memos, emails and other files to demonstrate proper business operations and decision-making rationale is called which of the following?
Documentation
A Procurement Specialist at Company A is responsible for purchasing a fleet of vehicles under federal agency contract. His sister owns a large car dealership that sells the type of vehicles needed and she is planning to submit a bid. This situation could be an example of which of the following:
Personal conflict of interest
The government’s authority to enter into a contract comes from:
The U.S. Constitution
Which of the following is likely an example of an organizational conflict of interest?
Before an acquisition for information technology is conducted, Company A is awarded a contract to prepare data system specifications and equipment performance criteria to be used as the basis for the equipment competition. Company A is preparing to submit a proposal to supply the equipment.
In contract interpretation, the practices or methods of dealing that are regularly observed and justify an expectation that they will apply to a specific transaction are called what?
Usage of trade
The Uniform Commercial Code is a uniform law. This means that:
It must be adopted as law by each state separately
Company A, Company B, and Company C produce 95% of Product X. If Company B raises the price of its Product X, consumers may choose to buy from Company A or Company C instead. If Company A and Company C decide to follow Company B’s lead and raise their prices, the three companies:
Can control the entire Product X market through their power to set prices
A hurricane destroying a manufacturing plant is an example of:
Force Majeure
Guileless Imports purchased 10,000 metal wheels from Annular Supply Co. under a sale on approval contract. Annular Supply delivered the wheels to Fraught Freight for shipping to the destination, but the shipping container sank and all the wheels were lost. Which party bears liability for the loss?
The seller is fully liable
The prohibition on expending or authorizing an obligation of funds in excess of the amount available in the appropriation derives from:
The Anti-Deficiency Act
Clear payment terms in a contract fulfill which essential contract element?
Consideration between the parties
Which of the following describes the Guiding Principles relationships in the CMBOK Competency System?
They encompass Pre-award, Award, and Post-award
The Sarbanes-Oxley Act:
Prevents companies from accounting for unrealized profits
Which of the following is a difference between commercial contracts and government contracts?
In government contracts, only the buyer has the authority to require a contract change