Contracting Test #3 Flashcards
What is Mutual Assent?
Meeting of the minds -
Offeror and offeree understand the same thing
What is consideration?
Each party receives something of value and gives something of value
What is capacity?
ability to understand and appreciate the terms of the contract
Terms in a contract MUST be clear and include what elements?
Price
Delivery schedule
Quantity
PWS/SOW
6 Essential Contract Elements
- MUTUAL ASSENT (“meeting of the minds”)
- CONSIDERATION (each party receives something of value)
- CAPACITY (competence and authority)
- Lawful purpose (obey the FAR & statutes, anti-deficiency act)
- Certainty of Terms (clear terms)
- Form provided by law (written, oral, implied)
Express Authority
KO formally appointed through a SF 1402 (warrant); authority is limited
A type of authority that is not recognized by the government
Apparent authority
What is an unauthorized commitment?
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
An unauthorized commitment must be __________.
ratified
What is a ratification?
The act of approving an unauthorized commitments by an official who has the authority to do so.
What is a solicitation?
A document sent to prospective contractors by a Government agency, requesting the submission of offers or information.
Types of solicitation
Requests for Quotations (FAR Part 13)
Invitation for Bids (FAR Part 14)
Requests for Proposals (FAR Part 15)
Changes to a solicitation
Amendment
Methods of communicating to industry
Electronic
Oral
Written
Reasons for solicitation
- Increase competition
- Broaden industry participation
- Assist small business concerns
Response time for supplies and services, except for commercial items
30 days
Response time for R&D actions that exceed the SAT
45 days
A synopsis must be prepared if the actions exceed what dollar threshold?
$25,000
Synopsis is posted where?
FedBizOps
Exceptions to a Synopsis
Unusual and compelling urgency
order placed under 16.5 (indefinite delivery contracts)
compromise national security
one one source (utility services)
Contract type selection criteria
-Adequacy of Contractor’s Accounting System -Complexity and type of the requirement -Urgency of Requirement -Period of performance
Most common form of issuing a solicitation
Written form
Solicitation/Contract/Order for Commercial Items
SF 1449
What is a provision?
A written term or condition used ONLY in SOLICITATIONs and applies only before contract award.
What is mandatory for commercial item solicitations?
(2) provisions
(2) clauses
When is a Uniform Contract Format (UCF) used?
used for non-commercial goods and services exceeding $250,000
Evaluation factors in a source selection
- Cost/Price
- Quality of the product or service through consideration of one or more non-cost evaluation factors such as:
- Past performance
- Compliance with solicitation requirements
- Technical excellence
- Management capability
What should be evaluated for negotiated competitive procurements that exceed the SAT
Past performance
Methods of Evaluation
Trade off process
Lowest Price Technically Acceptable (LPTA)
Why provide financing?
Contract financing may general the following benefits:
- High dollar production
- Expedited performance
- Broadening of the production base
- Increased competition
- Aid to small businesses
- Fosters liberal lending by private lending institutions
What term or condition is used in both solicitation and contracts?
Clauses
Past performance should be used in source selection for evaluation. (True or False)
True
To be considered for award, a bid must comply in all __________ respects with the invitation for bids which means it is ___________.
material; “responsive”
A bid shall be rejected when the bidder imposes __________.
conditions
Requests for Proposals may be either:
Full and Open Competition
Full and Open (after exclusion of sources)
Sole Source/limited competition
What is best value?
Best value contracting means that the Government is looking at factors “other than” just cost/price to make a selection
Who is designated as the Source Selection Authority?
Contracting Officer; unless the agency head appoints another individual
Contracting Officers shall provide written notification to each offeror whose proposal was in the competitive range, but was not selected for awards within how many days?
3 days
Debriefing should occur within _____ days after receipt of the written request.
5
When does the preaward debriefing occur?
within competitive range
What is the primary source to get a contractor’s past performance data when conducting selections?
Past Performance Information Retrieval System (PPIRS)
______________ is the determination that price is consistent with what a prudent buyer would be willing to pay given market conditions and other factors.
Price reasonableness
What is a protest?
A written objection by an interested party to a solicitation or a award of a contract by or for a federal agency.
KOs must notify all unsuccessful offerors of the award results no later than ________ days after contract award.
3
KTR must request a debriefing within ______ days of notification of contract award.
3
After a debriefing is requested the KO has ______ days to provide the debriefing.
5
Debriefing Timeline:
Post Award Notice…..
KTR Requests Debrief…
KO must conduct Debriefing….
….within 3 days of contract award
…within 3 days of written notice
…within 5 days of KTR request
What are filing protests?
Protests based on alleged apparent improprieties in a solicitation shall be filed before bid opening or the closing date for receipt of proposals.
Protests shall be filed no later than _____ days after the basis of protest is known or should have been known, whichever is earlier.
10 days
Where to file a protest?
Agency
Government Accountability Office (GAO)
US Court of Federal Claims
Attempt to resolve protests at the lowest level goes through which venue?
Agency
Agency must resolve protests within ______ days after the protest is filed.
35
GAO has how many days to make a decision from the time of protest?
100 calendar days OR 65 days if the express option is used
When a protest is filed, the protester must notify the KO within _____ day of filing with GAO
1 day
Protest must be received by GAO within ______ days after contract award or within ______ days after a debriefing date has been offered to the protestor
10; 5
A decision in favor of the protestor is called _______.
sustained
A decision in favor of the Government is called _______.
denied
FAR Part 33
Protests
What is the Agency deadline to resolve protests?
35 days
How much time is the GAO normally given to process a protest?
100 days
What forum(s) can a contractor use to submit a protest?
Agency, GAO, and U.S. Court of Federal Claims
When a protest is submitted to GAO the protester has 30 days to furnish the KO with a copy.
(True or False)
False
What is the purpose of contract administration?
To ensure that the buyer receives, the supplies and/or services at the level of quality and in the time required by the contract and that the seller receives payment.
AKA compliance
Are post award orientation always required?
No
What is partnering?
a technique of Alternative Dispute Resolution (ADR)
Things to consider when determining whether a post-award orientation is necessary
- Lack of understanding
- 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
Government quality assurance is conducted when?
Before acceptance
Quality Assurance Surveillance Plan is developed and used by who?
Contracting Officer Representative (COR)
What is a modification?
written order that changes the terms, price or other conditions in a contract
Who is the only individual empowered to execute modifications on behalf of the Government?
the Contracting Officer
Types of modifications
Unilateral
Bilateral
Who’s signature is needed for a unilateral modification?
contracting officer
Who’s signature is required for a bilateral modification?
contracting officer
contractor
Changes that are out of scope are considered ________.
cardinal changes
An in-scope modification does not:
place an undue burden on the contractor
does not disrupt the competitive aspect
FAR Part 52
Clauses and Provisions
What are the clauses in the FAR that are required for commercial solicitation?
- 212-4
52. 212-5
What are the provisions in the FAR that are required for commercial solicitation?
- 212-1
52. 212-3
Who can correct mistakes in a bid?
Senior Contracting Officer
Changes that are out of scope might require a _________.
Justification and Approval (J&A)
Areas that are authorized by a change order
- Place of delivery
- Packaging
- Specifications or design
All change clauses must be within the ________ and must be _________.
scope of the contract; in writing
Define constructive change
oral or written act or failure done by a Government official having the same effect as a written change order
FAR Part 32
Contracting Financing and Payments
What does contracting financing payment provide?
aid and assistance for small businesses; increases competition
Least preferred financing method
Advanced payments
Preferred financing method
Performance Based payment
What is a claim?
a written demand or written assertion by one of the contracting parties seeking the payment of money or other relief arising under or relating to the contract
What is an Alternative Dispute Resolution?
any type of procedure voluntarily used to resolve issues and controversy
What is an issue in controversy?
a material disagreement between the Government and the Contractor that may result in a claim
Contract Disputes Act of 1978
Established procedures and requirements for asserting and resolving claims
How long does a contractor have to file a claim?
6 years
How long does the KO have to issue a final decision on resolving a claim?
60 days
Any claim exceeding ________ shall be certified in writing by the contractor.
$100,000
FAR Part 49
Terminations
Types of Terminations
Termination for convenience
Termination for default
Termination for cause
Termination for convenience is….
no one’s fault and it is in the best interest of the Government to terminate the contract
Termination for default is….
when the contractor failed to perform
Termination for cause is….
as a result of the failure to perform or deliver COMMERCIAL services or supplies
What is a show cause notice?
a notice given to the contractor that the Government is considering a termination for default
The government can exercise a no cost settlement is the balance of the contract is ___________.
$5,000 or less
What are the contractor’s rights under a termination for convenience?
- Termination of expenses
- Profit or fee for the work performed
- Performance costs incurred up to the date of termination
- Certain costs that continue after the date of termination
Who does the KO have to provide a show cause notice or cure notice to, if the Government is trying to terminate for default for small business concern?
Small Business Administration
What is a DD Form 1597?
Contract Closeout Checklist
What is a DD Form 1594?
Contract Completion Statement
Contracts requiring settlements of indirect rates cannot be closed out until _________ after receipt of the physical completion.
36 months
Delivery payment
Government pays contractor after acceptance of supplies or services
Contract financing payment
Government disbursement of monies to contractor prior to acceptance of supplies and services
Prompt Payment Act obligates to pay every “proper invoice” within how many days after receipt?
30 days; 14 days for construction
What is a change order?
Written order signed by PCO, directing the contractor to make a change without prior agreement
