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18-001 Test 2 > Contracting Test 3 > Flashcards

Contracting Test 3 Flashcards

1
Q

What type of modification requires the signature of the Contracting Officer and the contractor

A

Bilateral Modification

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2
Q

Written order signed by PCO, directing the contractor to make a change without prior agreement

A 
Change Order
Authorized by the “Changes Clause”
Limitations to Changes:
Place of delivery
Change in packaging
Change to design or specifications
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3
Q

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

A

Constructive Change

Must involve:
Change in performance beyond minimum contract requirements, and
Word or deed by Government representative which requires contractor effort that is not a necessary party of the contract
Requires Ratification

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4
Q

What is a change to a contract called?

A

Modification

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5
Q

In scope modifications will not ______ or ________

A

Place an undue burden on the contractor

Does not disrupt the competitive aspect

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6
Q

Which part of the FAR covers contract financing

A

Part 32

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7
Q

Least preferred contract financing method?

A

Advance payments

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8
Q

Why does the gov’t provide contract financing?

A
  1. To expedite the performance of essential contracts
  2. Increase competition
  3. High dollar production
  4. Aid Small Business
  5. Meets contractors need/minimizing Government risk
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9
Q

Preferred financing method?

A

Performance-based payments

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10
Q

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

A

Claim

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11
Q

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

A

Accrual of a Claim

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12
Q

Any type of procedure or combination of procedures voluntarily used to resolve issues in controversy

A

ADR

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13
Q

A certificate which alters or otherwise deviates from the language in 33.207(c) or which is not executed by a person duly authorized to bind the contractor with respect to the claim.

A

Defective Certification

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14
Q

A material disagreement between the Government and the contractor that:
May result in a claim
Is all or part of an existing claim

A

Issue in controversy

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15
Q

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

A

Misrepresentation of fact

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16
Q

Contract Disputes Act of 1978

A

Establishes procedures and requirements for asserting and resolving claims subject to the Act

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17
Q

When does the Contract Disputes Act of 1978 apply?

A

Contract Disputes Act applies to any express or implied contract covered by the Federal Acquisition Regulation unless:
The contract is with a foreign government or agency of that government, or
An international organization or a subsidiary body of that organization if the agency head determines that the application of the Act to the contract would not be in the public interest

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18
Q

What are the 6 essential elements of a contract?

A
  1. Mutual Assent
  2. Consideration
  3. Capacity
  4. Lawful Purpose
  5. Certainty of Terms
  6. Form Provided by law
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19
Q

What type of authority does a KO have? Express or implied?

A

Express Authority

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20
Q

What is an unauthorized commitment?

A

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

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21
Q

What is ratification?

A

The act of approving an unauthorized commitments by an official who has the authority to do so.

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22
Q

Does the gov’t recognize apparent authority?

A

No

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23
Q

Define Mutual Assent

A

Meeting of the Minds

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24
Q

What is consideration?

A

Each party receives something of value and gives something of value

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25
Q

Define Capacity

A

Right to legally contract

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26
Q

What does lawful purpose mean?

A

Contracts which violate a statute or conflict with public welfare will not be enforced

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27
Q

What does certainty of terms mean?

A

Term must be unambiguous and include:

price, delivery schedule, quantity and pws/sow.

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28
Q

What are the three type of contracting authority?

A
  1. Express
  2. Implied
  3. Apparent
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29
Q

What is express authority

A

Contracting Officer authority through formal appointment

Appointed on SF 1402 (warrant)

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30
Q

Implied actual authority

A

Some authorized reps may have implied actual authority

Inspectors may have this type of authority when they are authorized to accept/reject work

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31
Q

Apparent Authority

A

a principal leads a third party to believe that an agent has authority to bind the principal, even where the agent lacks the actual authority to bind the principal

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32
Q

Define Solicitation

A

A document sent to prospective contractors by a Government agency, requesting the submission of offers or information.

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33
Q

You are required to put 3 provisions and 3 clauses in solicitations for commercial items.
True or False

A

False - only two provisions and two clauses are mandatory for commercial item solicitations

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34
Q

Most common form of solicitation?

A

Written

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35
Q

What is the form used for Army solicitation/contracts for commercial items?

A

SF 1449

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36
Q

What is a provision?

A

A written term or condition used only in solicitation and applies only before contract award.
- Required provisions: 52.212-1, 52.212-3

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37
Q

What is a clause?

A

A term or condition that is used in a Solicitation and a contract
- Required clauses: 52.212-4, 52.212-5

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38
Q

FOB

A

Free on Board

FOB Origin: the unit will pick up from vendor

FOB Delivery: vendor is responsible for delivery to the unit

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39
Q

What SHALL be considered when evaluating source selection for awards exceeding the SAT?

A

Past performance shall be evaluated for negotiated competitive procurements exceeding the SAT

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40
Q

What are benefits of providing financing?

A

increased competition

aid to small businesses

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41
Q

What is a change to a solicitation?

A

Amendment

42
Q

Responsiveness of Bids

A

A bid must comply in all material respects with the invitation for bids

43
Q

Bid Submission

A

Bids shall be submitted NLT the exact time set for the opening of bids and safeguarded from unauthorized disclosure.

44
Q

Is Bid opening open to public?

A

No

45
Q

When are bids rejected?

A

Any bid that fails to conform to the material requirements of the invitation for bids shall be rejected

When the bidder imposes conditions

rejected if the contracting officer determines in writing that it is unreasonable as to price.

46
Q

Who approves correction of minor mistakes in bids?

A

Approval levels under FAR 14.407 for Army are each PARC who shall exercise the authority

47
Q

Who is the Source Selection Authority (SSA)?

A

The KO

48
Q

Source Selection Advisory Council (SSAC)

A

Reviews decisions of Source Selection Evaluation Board recommendation on programs over 100M

49
Q

Source Selection Evaluation Board

A

conducts a comprehensive review and evaluation of proposals against the solicitation requirements and the approved evaluation criteria.
Provides evaluation results to the SSA, or the SSAC, if applicable

50
Q

limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated.

A

Clarification

51
Q

exchanges in a competitive environment that are undertaken with the intent of allowing the offeror to revise its proposal

A

Discussion

52
Q

What is the primary source to get a contractor’s past performance data when conducting source selections?

A

PPIRS - past performance information retrieval system

53
Q

______________________is the determination that a price is consistent with what a prudent buyer would be willing to pay given market conditions and other factors

A

Price Reasonableness

54
Q

Steps in making an award decision

A
  1. Documenting the award/selection decision
  2. notify successful and unsuccessful offerors
  3. making the contract award
    appoint a COR
  4. Assigning/documenting the contract for admin
  5. fedbizops notice and public 6. announcement
  6. debriefings
55
Q

When is post award notice due?

A

Within 3 days of date of award in writing to those offerors who were in the competitive range

56
Q

Public Announcement of contract awards DFARS 205.303

A

DoD contracts >$7M

FAR threshold is $4M

57
Q

FAR Subpart 5.3 - Synopses of Contract Awards

A

Contracting officers must synopsize through the GPE
Contract awards exceeding $25,000 that are—
Covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see subpart 25.4); or
Likely to result in the award of any subcontracts.

58
Q

Which FAR part governs protest procedures

A

FAR part 33

59
Q

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

A

interested party

60
Q

written objection by an interested party to a solicitation or a award of a contract by or for a federal agency

A

Protest

61
Q

How long to the KTR have to request a debrief after notification of contract award

A

3 days

62
Q

How long after request must the KO give the debrief

A

5 days

63
Q

When are protest filed?

A

NLT 10 days after the basis of protest is known or should have been known

10 days after contract award or w/in 5 days after debriefing

64
Q

Where are protest filed?

A

Agency
Government Accountability Office (GAO)
U.S. Court of Federal Claims

65
Q

In the event of a protest, who prepares the agency report?

A

the KO

66
Q

What is the suspense to resolve an agency protest

A

35 days

67
Q

What is the suspense to resolve a GAO protest

A

100 day or 65 day is express option is used

68
Q

Whats in the Agency report and when is it due?

A 
w/in 30 days
Contract value
Memorandum of Law
List and copy of all relevant documents
Solicitation
Abstract of bids/offers
69
Q

What are the possible protest decisions?

A

Dismiss
Deny - for the gov’t
Sustain - for the protester

70
Q

When a protest is submitted to GAO the protester has 30 days to furnish the KO with a copy
True or False?

A

False - 1 day

71
Q

After a debriefing is requested the KO has __day(s) to provide the debriefing

A

5

72
Q

What is partnering?

A

a technique of Alternative Dispute Resolution (ADR) to resolve disputes

73
Q

A post award orientations always required?

A

No

74
Q

What is contract Admin

A

All activities after contract award

75
Q

Things to consider when determining whether a post-award orientation is necessary (slide 15)

A

Type, value, and complexity of the contract
Contractor’s performance history and experience with the product or service
Length of the planned production cycle
Safety precautions required for hazardous materials or operations
When there are indications that the contractor lacks a clear understanding of the requirements in the contract

76
Q

Two types of post award orientation

A

Letter – Can be used for less complex contract actions to meet the basic requirements of the orientation.

Formal Conference – probably the best method. Allows face-to-face meeting to provide real time feedback to questions, concerns or issues.

77
Q

Type of delay that protects the contractor from sanctions for late performance when the event is:

  1. “beyond the control” of the contractor;
  2. without “fault or negligence” of the contractor;
  3. Unforeseeable
A

Excusable Delay
______________

Gives the contractor more time, but not money
Excusable delays cited in contract clauses:
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

78
Q

Delays generally directed by the KO

A

Compensable (gov’t delays)
remedy is time & money

Suspension of Work clause under construction contractsStop Work clause

79
Q

Delays resulting from KTR:

Normally not excused from delays due to:
Financial difficulties
Lack of facilities and equipment
Lack of materials
Lack of Know-how
Labor problems (in absence of a strike)
Vendor problems
A

Contractor Delays

80
Q

combination of compensable, excusable, or contractor delays that occur at the same time

A

Concurrent Delay

81
Q

Which FAR part covers quality assurance?

A

Far part 46

82
Q

QASP

A

Quality Assurance Surveillance Plan (QASP) for services (usually used & developed by the COR)

83
Q

Who is empowered to execute contract modifications?

A

The KO

84
Q

How many types of contact modifications are there?

A

2; unilateral and bilateral

85
Q

What is the form of payment where the gov’t disburses funds to a contractor after acceptance?

A

Delivery payment

86
Q

Prompt Payment Act

A

Requires payment w/in 30 days of receipt of “proper invoice”; 14 days for construction

87
Q

How long does the contractor have to file a claim?

A

6 yrs, unless the parties agree to a shorter period

88
Q

How long does the KO have to issue a final decision on a claim?

A

60 days after review of the claim and all associated facts to include legal review

89
Q

When must claim certification be done in writing?

A

When the claim exceeds $100K

90
Q

Which FAR part governs terminations?

A

FAR part 49

91
Q

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

A

Termination for Convenience

92
Q

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

A

Termination for Default

93
Q

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

A

Termination for Cause

94
Q

How many types of termination are there?

A

3

95
Q

A notice to the KTR that the gov’t is considering termination for default

A

Show cause notice

96
Q

When don’t you terminate a contract for convenience?

A

When the balance of the contract is

97
Q

A notice to the KTR that the gov’t is considering termination for default and there are at least 10 day remaining in the period of performance

A

Cure Notice

98
Q

What must you do in order to T4D a small business?

A

Provide a copy of the cure or show cause notice to the SBA

99
Q

What are closeout standards?

A

Simplified acquisition procedures – upon receipt of evidence of physical completion.

Firm fixed price contracts (not using SAP) – six months after the receipt of physical completion.

Contracts requiring settlement of indirect rates – 36 months after receipt of physical completion

100
Q

Physically complete Contracts

A

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

101
Q

What form is the contract closeout checklist?

A

DD 1597

102
Q

What is the DD 1594

A

Contract Completion Statement

18-001 Test 2 (10 decks)

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