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AAPC 18-001 > Exam 3 Review Only > Flashcards

Exam 3 Review Only Flashcards

1
Q

Define Protest

A

“Protest” means a written objection by an interested party to a solicitation or a award of a contract by or for a federal agency.

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2
Q

o Protests based on alleged apparent improprieties in a solicitation shall be filed….

A

filed before bid opening or the closing date for receipt of proposals.

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3
Q

When should protests be filed

A

no later than 10 days after the basis of protest is known or should have been known, whichever is earlier.

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4
Q

When shall post award protests be filed?

A

10 days after contract award, or within 5 days after a debriefing date offered to the protester, whichever is later

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5
Q

What is a CICA Stay

A

The Contracting Officer shall immediately suspend performance or terminate the awarded contract once a protest has been submitted

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6
Q

Where can a protester file a protest? (what levels?)

A

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

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7
Q

How many days does the gov’t have to resolve a protest?

A

Resolve protests within 35 days after the protest is filed (FAR 33.103)

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8
Q

What are the protest decisions?

A

The deciding official will either
dismiss
deny (in favor of Gov’t)
sustain (In favor of contractor)

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9
Q

What FAR Part addresses protests?

A

FAR Part 33

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10
Q

If filed with the GAO, how many days does the GAO have to make a decision?

A

100 days or 65 if express option is used

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11
Q

How long does the KO have to provide a debrief after it is requested?

A

5 Days

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12
Q

How long does the KO have to notify the unsuccessful offerors?

A

3 Days

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13
Q

How long does the contractor have to request a debriefing?

A

3 Days

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14
Q

What is price reasonableness?

A

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

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15
Q

What are the six elements of a contract?

A
  1. Mutual Assent: (Valid Offer & Acceptance “Meeting of the Minds”).
  2. Consideration (Each party receives something of value)
  3. Capacity (Competence & Authority).
  4. Lawful Purpose(Obey the FAR & Statutes, Anti Deficiency)
  5. Certainty of Terms (Clear terms)
  6. Form provided by law (Written, Oral, Implied through conduct)
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16
Q

What are the three types of contracting authority?

A
  • Express
  • Implied
  • Apparent
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17
Q

What type of contracting authority does the KO have?

A

Express

 Contracting Officer authority through formal appointment
 Authority is limited
 Appointed on an SF 1402 (warrant)
 May delegate some duties

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18
Q

What type of authority does a COR have?

A

Implied

 Some authorized reps may have implied actual authority
 Inspectors may have this type of authority when they are authorized to accept/reject work
 COR

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19
Q

What type of authority is not recognized by the gov’t?

A

Apparent

 Describes a situation in which 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
 Apparent authority not recognized in Government

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20
Q

What is a provision?

A

A written term or condition used only in SOLICITATIONs and applies only before contract award.

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21
Q

What is a clause?

A

A term or condition that is used in a Solicitation and a contract

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22
Q

There are only ____provisions and ____ clauses that are mandatory for commercial item solicitations.

A

2 , 2

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23
Q

What is a ratification?

A

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

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24
Q

PARC (Principle Assistance Responsible for Contracting)

A

Other mistakes disclosed before award – If the bidder alleges a mistake, the matter shall be processed in accordance with this FAR section14.407.
Such actions shall be taken before award
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

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25
Q

What are the two types of contract modification?

A

Unilateral - Just KO

Bilateral - KO and Contractor

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26
Q

Who is authorized to execute a modification of a contract?

A

Only contracting officers are empowered to execute modifications on behalf of the Government.

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27
Q

What does Contract Administration involve?

A 
Initiation of Work
Contract Performance Management
Issuance of Changes and Modifications
Approval of Payment Requests
Contract Closeout
Contract Termination
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28
Q

What are the types of post award orientation?

Which is preferred?

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.

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29
Q

What is a constructive change?

A

o 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

30
Q

What must a constructive change involve?

A

 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

31
Q

What is a claim?

A

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

32
Q

Any claim exceeding _________ shall be certified in writing by the contractor

A

$100,000

33
Q

After review of the claim and all associated facts to include legal review, the contracting officer has ____ days to issue a final decision

A

60

34
Q

Contractor’s have ___ years to file a claim unless the parties agree to a shorter time period

A

6

35
Q

What is Alternative Dispute Resolution (ADR)?

A

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

During Post Award Orientation: Inform the KTR about “partnering”, which is a technique of Alternative Dispute Resolution (ADR) to resolve disputes.

36
Q

What are “excusable delays”?

A

They protect the contractor from sanctions for late performance when the event is:
 “beyond the control” of the contractor;
 without “fault or negligence” of the contractor;
 unforeseeable
o *Important to recognize/discover if the Government is considering terminating the contract for default due to failure to deliver on time

37
Q

What is an “in-scope” modification?

A

does not place an undue burden on the contractor

Does not disrupt the competitive aspect

38
Q

What is a cardinal modification?

A

an “out of scope” change

  • They are not in scope
  • Should be the exception, not the rule
  • Are not prohibited
  • -May require a J&A*
39
Q

What is a modification?

A

A change to a contract

40
Q

If terminating a small business contract, who should the KO use to communicate the notice?

A

The Small business Administration

41
Q

What are the three types of contract termination?

A

Termination for Convenience ( In Gov’t best interest)
Termination for Default (KTR is likely to or has not met obligations)
Termination for Cause (KTR failed to deliver goods/services or breaches a commercial contract)

42
Q

What actions are taken if there is reason to terminate a contract with $5k or less remaining?

A

No Cost Settlement

the contract should be permitted to run to completion

43
Q

What can the contractor do after the Gov’t terminated a contract for convenience?

A

submit 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,

44
Q

What is a form 1597?

A

Contract Closeout Checklist

45
Q

What is a form 1594?

A

Contract Completion Statement

46
Q

What is the timeframe required for closeout of a SAP contract?

A

Upon receipt of evidence of physical completion.

47
Q

What is the Contract Dispute Act of 1978?

A

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

48
Q

What is a delivery payment?

A

Gov’t to a contractor under a contract or other authorization AFTER ACCEPTANCE

49
Q

What is the most preferred type of payment

A

Performance-based payments

50
Q

What is the least preferred type of payment

A

Advance payments

51
Q

When do we pay contractors?

A

Prompt Payment Act - within 30 days after receipt

14 days for construction

52
Q

What is the timeframe required for closeout of a Firm Fixed contract?

A

six months after the receipt of physical completion

53
Q

What is a contract financing payment?

A

Gov’t to a contractor under a contract or other authorization PRIOR TO ACCEPTANCE

54
Q

What do you consider to determine need for post - award orientation?

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
55
Q

What is FAR Part 52?

A

Solicitation Provisions and Contract Clauses

56
Q

What is FAR Part 14?

A

Sealed Bidding

57
Q

What is FAR Part 9?

A

Contractor Qualification

58
Q

What is FAR Part 15?

A

Contracting by Negotiation

59
Q

What is FAR Part 33?

A

Protests, Disputes, and Appeals

60
Q

What is FAR Part 7?

A

Acquisition Planning

61
Q

What is FAR Part 46?

A

Quality Assurance

62
Q

What is FAR Part 32?

A

Contract Financing

63
Q

What is FAR Part 49?

A

Termination Of Contracts

64
Q

What is FAR Part 42?

A

Contract Administration and Audit Services

65
Q

What is FAR Part 43?

A

Contract Modifications

66
Q

Closeout time 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.

67
Q

True or False: Past performance shall be evaluated for negotiated competitive procurements exceeding the SAT (CPAR)

A

TRUE!

68
Q

What is the primary source for past performance?

A

Past Performance Information Retrieval System (PPIRS)

69
Q

Resolve protests within ___ days after the protest is filed (FAR 33.103)

A

35 days

70
Q

When a protest is filed, the protester must notify the KO within ___ day(s) of filing with GAO

A

1 DAY

71
Q

Protest must be received by GAO within __days after contract award or within __ days after a debriefing date has been offered to the protester

A

10, 5

72
Q

What is an “interested party”?

A

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.

AAPC 18-001 (14 decks)

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