Contracting Exam 3 Flashcards
*What are the 6 Essential Contract Elements
- 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)
*Types of Contracting Authority are
- Express
- Implied
- Apparent
*What is Express Authority?
• Contracting Officer authority through formal appointment • Authority is limited • Appointed on an SF 1402 (warrant) • May delegate some duties
*Implied Actual Authority is?
• Some authorized reps may have implied actual
authority
• Inspectors may have this type of authority
when they are authorized to accept/reject
work
*Apparent Authority
Apparent authority not recognized in
Government
What is are unauthorized commitments?
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
*What is ratification?
The act of approving an
unauthorized commitments by an official who has
the authority to do so.
*Ratification
• 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;
*What type of authority does a KO have?
Express Authority
*Does the government recognize apparent authority?
No
What is the most common form of issuing a solicitation?
Standard Form 1449, Solicitation/Contract/Order
for Commercial Items
What is a provision?
A written term or condition used
only in SOLICITATIONs and applies only before contract
award.
FAR Part 52.212-1 is:
Instructions to Offerors‐Commercial Items, by
reference
FAR Part 52.212-3 is:
Offeror Representations and Certifications‐
Commercial Items
Required FAR Clauses (Solicitations)
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
*What is a Clause?
A term or condition that is used in a
Solicitation and a contract
*There are only ___ provisions and ___ clauses that are mandatory for commercial item solicitation.
2, 2
______shall be evaluated for negotiated
competitive procurements exceeding the SAT
Past performance
What are the two best value evaluations?
– Trade‐off process, or;
– Lowest Price Technically Acceptable (LPTA) process
You are required to put 3 provisions and 3
clauses in solicitations for commercial items.
False
What is a solicitation?
A document sent to prospective
contractors by a Government agency, requesting
the submission of offers or information.
What are the 3 types of solicitations?
– Requests for Quotations (RFQs)
– Invitation for Bids (IFBs)
– Requests for Proposals (RFPs)
What should be done if mistakes are disclosed before award?
If the bidder alleges a
mistake, the matter shall be processed in accordance with this FAR
section 14.407.
what is the Approval level for mistakes at bids?
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
Contracting Officers shall purchase supplies and
services from responsible sources at ______.
fair and
reasonable prices.
*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
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.
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
The debriefing should occur within ____ after receipt of
the written request.
5 days
What is the primary source to get a contractor’s
past performance data when conducting source
selections?
PPIRS
FAR part 33
Protest
Procedures
*Define Protest
a written
objection by an interested party to a solicitation or a
award of a contract by or for a federal agency.
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
*After a debriefing is requested the KO has ___days to
provide the debriefing
(Unsuccessful Offeror Procedures)
5 days
*KTR must request a debriefing within ____ days of
notification of contract award
(Unsuccessful Offeror Procedures)
3 days
*KOs must notify all unsuccessful offerors of the
award results no later than ___ days after contract
award
(Unsuccessful Offeror Procedures)
3 days
*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
___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
what are the 3 forums the protestor can choose to file the protest?
- Agency
- Government Accountability Office (GAO)
- U.S. Court of Federal Claims
The agency has ___ days to resolve protests after the protest is filed.
35 days
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
When a protest is filed, the protester must
notify the KO within ___ day of filing with GAO
1 day
GAO may dismiss the protest if protester
fails to furnish a copy within the ___ day
1 day
After a debriefing is requested the KO has __day(s)
to provide the debriefing
5
When a protest is submitted to GAO the protester has
30 days to furnish the KO with a copy.
False
What forum(s) can a contractor use to submit a protest?
Agency, GAO, and U.S. Court of Federal Claims
How much time is the GAO normally given to process a
protest?
100 days
What is the Agency deadline to resolve protest?
35 days
What part of the FAR address Protests?
FAR part 33
Contract administration_____.
Involves those activities
performed by government officials after a contract
has been awarded.
Contract Administration includes:
– Initiation of Work – Contract Performance Management – Issuance of Changes and Modifications – Approval of Payment Requests – Contract Closeout – Contract Termination.
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
what are the 2 major types of post-award orientations?
- Letter
- Formal Conference
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
Are Post award orientations always required?
No
What is partnering?
A Technique of ADR
What is contract administration?
All activities after contract award
Do you administer all contracts the same way?
No
Part of the FAR that requires Acquisition plans
be written?
FAR 7.105(b)(19)
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
- without “fault or negligence” of he contractor;
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
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)
Only contracting officers are empowered to
execute modifications on behalf of the
Government. (true or false)
True
What are the 2 type of modifications?
- Unilateral and
- Bilateral
Unilateral Modifications____.
Only contracting officer’s signature needed
Bilateral Modifications____.
Requires the signature of the Contracting Officer
and the contractor
An “in‐scope” modification does not:
– Place an undue burden on the contractor
– Does not disrupt the competitive aspect
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
______ 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
______means an
authorized Government disbursement of monies to
a contractor prior to acceptance of supplies or
services by the Government
Contract financing payment
FAR Part 32
Contract Financing
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
Contract financing payments includes:
- Advance payments (Least preferred) financing method
- Performance-based payments(Preferred financing
method)
The Prompt Payment Act:
Obligation to pay every “proper invoice” within 30
days after its receipt
- 14 days for construction
What is the least preferred contract financing method?
Advanced Payment
_____ 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
____ 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
_____ is any type of procedure or
combination of procedures voluntarily used to resolve
issues in controversy
Alternative Dispute Resolution
______ 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
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
_____ 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
The Contract Disputes Act of 1978:
Establishes procedures and requirements for asserting and
resolving claims subject to the Act
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
Contract Disputes Act applies to:
any express or implied
contract covered by the Federal Acquisition Regulation
Contractor’s have _____ to file a claim unless the parties
agree to a shorter time period
6 years
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
Any claim exceeding $100,000 shall be certified in writing
by the contractor (True or False)
True
FAR Part 49
Terminations
_____ 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
_____ 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
_____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
A settlement agreement is:
a written agreement in the form
of a contract modification settling all or a severable portion
of a settlement proposal
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
A notice to the contractor that the
government is considering a termination for default.
Show cause notice
A show cause notice allows the contractor to “show cause” as to why
they should not be terminated (True or False)
True
Show cause notice is issued when?
there is not sufficient time to cure the
deficiency
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
Must be “10” days left in the contractor period of
performance to issue a “cure notice” (True or False)
True
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
The closeout time standard for Simplified acquisition procedures is:
upon receipt of
evidence of physical completion.
The closeout time standard for FFP contracts (not using SAP) is:
six months
after the receipt of physical completion
The closeout time standard for Contracts requiring settlement of indirect rates is:
36
months after receipt of physical completion
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
DD Form 1597 is ?
Contract Closeout Check‐List
The Contract Completion Statement is DD Form____.
1594
