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18-001 > Exam 6: Contracting exam 3 > Flashcards

Exam 6: Contracting exam 3 Flashcards

1
Q

What forums can protesters choose to file the protests?

A
  • Agency
  • Government Accountability Office (GAO)
  • U.S. Court of Federal Claims
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2
Q

How long does an agency have to resolve a protest after its filed? GAO?

A
  • Resolve protests within 35 days after the protest is filed (FAR 33.103)
  • The GAO(Government accountability Office) has 100 calendar days to make a decision from the time a protest is filed or 65 days if the express option is used
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3
Q

When should the post award debriefing occur?

A

The debriefing should occur within 5 days after receipt of the written request.

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4
Q

What is Price reasonableness?

A

Price reasonableness is 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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5
Q

What are the 6 elements of a contract?

A
  1. Mutual Assent: Meetings of the Mind
  2. Consideration:Each party receives something of value and gives something of value.
  3. Capacity:In order to be legally bound to a contract, a party must have the capacity to understand and appreciate the terms of the contract
  4. Lawful Purpose:An Illegal contract WILL NOT BE ENFORCED!
  5. Certain of Terms: The contract terms must be unambiguous. Terms that MUST be clear and include the following:
    - 1. Price. 2. Delivery schedule. 3. Quantity. 4. PWS/SOW
  6. Form Provided By Law:Some forms are provided by law or statute; Contracts are written, oral, or implied
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6
Q

What are 3 types of authority?

A
  • Express: KO
  • Implied(COR): Contracting officer representative
  • Apparent:Apparent authority not recognized in Government
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7
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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8
Q

What is a Clause?

A

A term or condition that is used in a Solicitation and a contract
You are required to put 2 provisions and 2 clauses in solicitations for commercial items:

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9
Q

How many provisions and how many clauses are required in solicitations for commercial items?

A

2;2

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10
Q

What is an unauthorized commitment?

A

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

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11
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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12
Q

What is a PARC?

A

PARC(Principal assistant responsible for contracting): shall exercise the authority in coordination with the activity’s Chief Legal Officer

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13
Q

What are 2 contract modifications?

A
  • Unilateral requires only contracting officer’s signature needed
  • Bilateral Modifications Require the signature of the Contracting Officer and the contractor
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14
Q

What is contract administration?

A
  • Contract administration involves those activities performed by government officials after a contract has been awarded.
  • Which FAR part covers contract administration? 42
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15
Q

What is Post Award Orientation?

A

oWhen there are indications that the contractor lacks a clear understanding of the requirements in the contract

o Two major types of Post-Award Orientations:

–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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16
Q

What is Construction change?

A

Construction Change: 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

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17
Q

How are claims exceeding 100K certified?

A

Any claim exceeding $100,000 shall be certified in writing by the contractor

18
Q

How long does the KO have to resolve a claim?

A

After review of the claim and all associated facts to include legal review, the contracting officer has 60 days to issue a final decision

19
Q

How long does the Contractor have to initiate a claim with the govt?

A

Contractor’s have 6 years to file a claim unless the parties agree to a shorter time period

20
Q

What is ADR?

A

Alternative Dispute Resolution – Any type of procedure or combination of procedures voluntarily used to resolve issues in controversy

21
Q

What is and example of Alternative Dispute Resolution (ADR) to resolve disputes?

A

Inform the KTR about “partnering

22
Q

What is an Excusable Delay?

A

-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

-Excusable delays cited in contract clauses:
ØStrikes
ØWeather
ØGovernment Acts (contractual or sovereign)
ØFloods
ØFires
ØEpidemics
ØFreight embargoes
ØActs of God — singular, unexpected and irregular visitation of a force of nature

23
Q

What are In-scope and out of scope modifications?

A

An “in-scope” modification does not:
–Place an undue burden on the contractor
–Does not disrupt the competitive aspect

“Out-of-scope”:Cardinal changes:
–Are not in scope
–Should be the exception, not the rule
–Are not prohibited
-May require a J&A
24
Q

What is a modification?

A
  • A modification is a written order that changes the terms, price or other conditions in a contract.
  • Only contracting officers are empowered to execute modifications on behalf of the Government.
25
Q

How are small business terminations processed?

A

Through Small business adviser

26
Q

What are 3 types of terminations?

A

Termination for Convenience – 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 “: contractor may benefit from the recoup

Termination for Default – 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 Cause – 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

27
Q

What is a No Cost Settlement?

A

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

28
Q

Name 2 contract termination forms?

A

DD Form 1597: Contract Closeout Check-List

DD Form 1594 issued (contract completion statement)

29
Q

What is required to begin the closeout of contract?

A
  • Government accepts final delivery
  • Government inputs final DD250 or SF1449
  • Validation of quantity ordered & delivered
  • Reconciliation between ordered and delivered items
  • Perform initial review and remove excess funds
  • Initiate DD Form 1597 and accomplish actions
30
Q

What is the time-frame for closing out contracts?

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.
31
Q

What is a claim?

A

Claim – A written demand or written assertion by one of the contracting parties seeking

32
Q

What does the Contract dispute act 1978 state?

A
  • Establishes procedures and requirements for asserting and resolving claims subject to the Act
  • The Act also provides for:

ØPayment of interest on contractor claims
ØCertification of contractor claims
ØCivil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact

33
Q

What is QASP?

A

quality assurance surveillance plan

34
Q

When are Post award orientations necessary?

A

When there are indications that the contractor lacks a clear understanding of the requirements in the contract

35
Q

What are delivery payments?

A

Delivery payment means a Government disbursement of monies to a contractor under a contract or other authorization after acceptance supplies or services by the Government

36
Q

What are Contract finance payments?

A

-Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government

37
Q

Which of the Contract financing payment types are least preferred?

A

(i) Advance payments Least preferred financing method

(ii) Performance-based payments; Preferred financing method

38
Q

What is FAR 32?

A

Contract finance

39
Q

What is FAR 49?

A

Termination

40
Q

What is FAR 42?

A

CONTRACT ADMINISTRATION

41
Q

What is FAR 43?

A

MODIFICATIONS

42
Q

What is the Prompt Payment Act?

A

Obligation to pay every “proper invoice” within 30 days after its receipt—14 days for construction

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